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CITY
<br /> 4 ., AXON Field Trial Agreement
<br /> This Agreement grants the right to use the Axon Enterprise, Inc.("Axon")Trial Trial Period,Axon will invoice Agency the MSRP of the unreturned items in the
<br /> Kit(s)identified in this Agreement to your law enforcement agency("Agency") Trial Kit(s).Agency agrees to pay the invoice along with any applicable taxes
<br /> on loan and free of charge for a trial and evaluation of the Trial Kit by Agency) and shipping.Agency will return the Trial Kit to Axon in good working condition,
<br /> The Trial Period is 90 days unless extended by Axon. normal wear and tear excepted.Axon may charge Agency if there is damage
<br /> 1. Trial Kit.The Trial Kit may include the following: beyond normal wear and tear.
<br /> Qty.-q- 74016-Axon Body 2 T&E Kit Before Agency returns the Trial Kit,it is Agency's responsibility to download any
<br /> Qty. 70042-Axon Body 2 Dock,Single Camera Bay data and keep a backup copy of the data.All data stored in the Trial Kit will be
<br /> Qty-1_ 70043-Axon Body 2 Dock,6-Camera Bay erased upon receipt of the Trial Kit by Axon.Agency will return the Trial Kit to:
<br /> Qty._I__ 73210-Axon Body 3 T&E Kit Axon Enterprise, Inc., 17800 N. 85th Street, Scottsdale, Arizona USA 85255,
<br /> Qty.. 74213-Axon Body 3-1 Bay Dock,T&E Attention:Trial Returns.
<br /> Qty. 74212-Axon Body 3-8 Bay Dock,T&E 4. Agency Data. Within 30 days of the Trial Period ending, Agency may
<br /> Qty. I 11530-Axon Flex 2 T&E Kit request Axon make available to Agency for download Agency data that Agency
<br /> Qty. 11541-Axon Flex 2 Single-Bay Dock uploaded to Axon Evidence during the Trial Period,During the 30 days following
<br /> Qty. 11542-Axon Flex 2 Six-Bay Dock this request,Agency may retrieve its data from Axon Evidence.After this 30-day
<br /> Qty. 20025-TASER 7 CEW period,Axon will have no obligation to maintain or provide any data uploaded to
<br /> Qty. 20026-TASER 7 Dock Axon Evidence and will thereafter,unless legally prohibited,delete all of this data
<br /> Qty. 80088-TASER 7 T&E Target in Axon's systems or otherwise in its possession or control.
<br /> Qty, 004-X26PCEW Kit
<br /> 22T&E 5. Proprietary Information. Agency agrees Axon has and claims various
<br /> Qty. 72089-X2 CEWKit Ki
<br /> Qty. 71089-Axon Fleet 2 Kit proprietary rights in the hardware, firmware, software, and the integration of
<br /> Qty. 11524-Axon Signal ancillary materials,knowledge,and designs that constitute the Trial Kit.Agency
<br /> Qty. 11559-T&E,PPM,Signal will not directly or indirectly cause any proprietary rights to be violated.
<br /> Qty. 71043-Axon Signal Sidearm Formal Matters.
<br /> Qty.ia.. Axon Evidence(Evidence.com) A. Signature. Your signature warrants and acknowledges that you are
<br /> Qty. Fleet in a Box authorized to execute this Agreement on behalf of your Agency.
<br /> Qty._l__ Trial Axon Redaction Assistant B. Entire Agreement.This Agreement,including the attached Axon Evidence
<br /> Qty. Trial-Axon Performance Terms of Use Appendix, Axon Auto-Tagging Appendix, and Axon Aware
<br /> Qty. Trial-Axon Auto
<br /> Tagging Appendix(to the extent such appendices are applicable),contains all the terms
<br /> Qty. Trial-Axon Citizen for Communities and conditions agreed on by the parties regarding the Trial Kit. Any previous
<br /> Qty. Trial-Axon Aware+ agreements between the parties regarding a free trial of the Trial Kit are replaced
<br /> by this Agreement.This Agreement can be modified or changed only by a written
<br /> Axon may limit the number of Trial Kits Agency receives.Axon may supply a instrument signed by both parties.If any part of this Agreement is held indefinite,
<br /> refurbished Trial Kit.Axon's warranty,limitations and releases for the Trial Kits invalid,or otherwise unenforceable,the rest of the Agreement will continue in full
<br /> is applicable and available on Axon's website at www.axon.com/legal. force and effect.
<br /> 2. Agency Obligations.Agency agrees to only use the Trial Kit for trial and C. Relationship of the Parties. The parties are independent contractors and
<br /> evaluation purposes and will not:(a)reproduce or modify the Trial Kit;or(b)rent, this Agreement does not create a partnership,franchise,joint venture,agency,
<br /> sell,lease or otherwise transfer the Trial Kit.Agency agrees to comply with all fiduciary or employment relationship between the parties.
<br /> Axon training materials regarding the Trial Kit during the Trial Period.For Trial
<br /> Kits that contain a conducted energy weapon("CEW"),Agency agrees that every D. Assignment.You must not,by operation of law or otherwise,assign any of
<br /> employee or agent that carries,uses,or deploys the CEW during the Trial Period Your rights or delegate any of your obligations under this Agreement without the
<br /> will have:(a)obtained certification as a TASER CEW user or instructor;and(b) prior express written consent of Axon.
<br /> completed any training specific to the CEW model by utilizing the current TASER ACCEPTED and A - D as of A I J/4 'r S,2019
<br /> CEW lesson plan. Upon request by Axon, Agency agrees to cooperate and Agency '
<br /> Name: D a
<br /> participate in a case study involving the Trial Kit and Agency's use of the Trial =
<br /> Kit, Agency agrees that Axon will have a non-exclusive, perpetual license to Signature: r��
<br /> utilize the results and any report or publication resulting from the case study in aminr�
<br /> Axon's training, markets and sales materials. If Agency's trial includes AxonI I .
<br /> a (
<br /> Fleet, and Agency is using wireless offload, then Agency is responsible for Printed Name: /, t/
<br /> providing either a cellular SIM card or wireless network at Agency. For use of Title: �---
<br /> Axon Performance,Axon may need to access and store Agency's call for service
<br /> records.
<br /> Address:
<br /> 3. Return of Product.Agency agrees to return the Trial Kit to Axon within 10
<br /> days after the end of the Trial Period, excluding used CEW cartridges. If any Phone: E-mail:
<br /> individual component of the Trial Kit is not returned to Axon at the end of the
<br /> ATI, ST:
<br /> AO
<br /> 'This Agreement does not cover trials or evaluations solely of any Axon beta software or firmware. .40.14 AA L, _a.��
<br /> CradlePoint is a trademark of CradlePoint,Inc. City C erk
<br /> A A AXON,Axon,Axon Body 2,Axon Dock,Axon Evidence,Axon Flex 2,Axon Fleet,Axon Signal,Axon Signal Sidearm,Evidence.com,X2,X26P,TASER 7,and TASER are trademarks of Axon Enterprise,
<br /> Inc.,some of which are registered in the US and other countries.For more information,visit www.axon.comllegal.All rights reserved.0 2019 Axon Enterprise,Inc.
<br /> Title: General Field Trial Agreement for All Products (90 Days)
<br /> Department: Legal
<br /> Version: 9.0
<br /> Release Date: 8/1/2019 Office of the City Attorney Page 1 of 4
<br /> APPROVED AS TO FORM
<br /> David C.Hall,City Attorney f,. `3, 9
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