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(iv) any manner that violates any law or regulation;or <br /> (v)that is distorted or altered in any way(including squeezing, stretching, <br /> inverting, discoloring,etc.)from the original form provided by CPI. <br /> (c) NO REGISTRATION OF CPI MARKS. Subscriber shall not, directly or indirectly, <br /> register or apply for, or cause to be registered or applied for, any CPI Marks or any patent, trademark, <br /> service mark, copyright, trade name, domain name or registered design that is substantially or <br /> confusingly similar to a CPI Mark, patent, trademark, service mark, copyright, trade name, domain name <br /> or registered design of CPI, or that is licensed to, connected with or derived from confidential, material <br /> or proprietary information imparted to or licensed to Subscriber by CPI. At no time will Subscriber <br /> challenge or assist others to challenge the CPI Marks (except to the extent such restriction is prohibited <br /> by law)or the registration thereof by CPI. <br /> (d) TERMINATION AND CESSATION OF USE OF CPI MARKS. Upon termination of <br /> this Agreement, Subscriber will immediately discontinue all use and display of all CPI Marks. <br /> 8. LIMITATIONS OF LIABILITY. <br /> 8.1 DISCLAIMER OF WARRANTIES. CHARGEPOINT AND THE CHARGEPOINT SERVICES ARE <br /> PROVIDED "AS IS" AND "AS AVAILABLE" FOR SUBSCRIBER'S USE, WITHOUT WARRANTIES OF ANY KIND, <br /> EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS <br /> FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, <br /> CPI DOES NOT WARRANT THAT (A) SUBSCRIBER'S USE OF THE CHARGEPOINT SERVICES WILL BE <br /> UNINTERRUPTED, TIMELY, SECURE, FREE FROM ERROR, OR MEET SUBSCRIBER'S REQUIREMENTS; (B)ALL <br /> CONTENT AND OTHER INFORMATION OBTAINED BY SUBSCRIBER FROM OR IN CONNECTION WITH THE <br /> CHARGEPOINT SERVICES WILL BE ACCURATE AND RELIABLE; (C) ALL DEFECTS IN THE OPERATION OR <br /> FUNCTIONALITY OF THE CHARGEPOINT SERVICES WILL BE CORRECTED. ALL CONTENT OBTAINED <br /> THROUGH THE CHARGEPOINT SERVICES IS OBTAINED AT SUBSCRIBER'S OWN DISCRETION AND RISK, <br /> AND SUBSCRIBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER'S COMPUTER <br /> SYSTEM OR OTHER DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM <br /> THE DOWNLOAD OR USE OF ANY SUCH CONTENT. <br /> 8.2 EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. EXCEPT WITH RESPECT TO <br /> A BREACH BY EITHER PARTY OF ANY PROVISION RELATED TO THE OTHER PARTY'S INTELLECTUAL <br /> PROERPTY, AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL <br /> PURPOSE OR OTHERWISE, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY LOST REVENUE OR <br /> PROFIT, LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, <br /> INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND <br /> REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO <br /> USE THE CHARGEPOINT NETWORK, AND ANY CHARGEPOINT SERVICES, THIS AGREEMENT, A GRANT OR <br /> RECEIPT OF RIGHTS OR OTHERWISE OR BASED ON ANY EXPRESSED, IMPLIED OR CLAIMED WARRANTIES <br /> BY THE OTHER PARTY NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT. <br /> 8.3 ELECTRICAL, CELLULAR AND INTERNET SERVICE INTERRUPTIONS. Neither CPI nor <br /> Subscriber shall have any liability whatsoever to the other with respect to damages caused by: (i) <br /> electrical outages, power surges, brown-outs, utility load management or any other similar electrical <br /> service interruptions, whatever the cause; (ii) interruptions in wireless or cellular service linking <br /> Charging Stations to ChargePoint; (iii) interruptions attributable to unauthorized ChargePoint Network <br /> intrusions; (iv) interruptions in services provided by any Internet service provider not affiliated with CPI; <br /> or (v) the inability of a Charging Station to access ChargePoint as a result of any change in product <br /> offerings (including, without limitation, the any network upgrade or introduction of any "next <br /> Page 8 of 17 <br /> 10-8-13 <br />