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Axon Enterprises Inc. 11/25/2020
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Axon Enterprises Inc. 11/25/2020
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Entry Properties
Last modified
12/16/2020 10:43:05 AM
Creation date
12/16/2020 10:41:18 AM
Metadata
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Contracts
Contractor's Name
Axon Enterprises Inc.
Approval Date
11/25/2020
Council Approval Date
11/25/2020
End Date
11/25/2025
Department
Purchasing
Department Project Manager
Theresa Bauccio-Teschlog
Subject / Project Title
Hardware Body worn cameras & Interview room
Tracking Number
0002577
Total Compensation
$1,467,861.63
Contract Type
Agreement
Contract Subtype
Purchase
Retention Period
6 Years Then Destroy
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DocuSign Envelope ID:A8C762C9-928E-48B7-A713-EBD8AD177926 <br /> 11, AXON Master Services and Purchasing Agreement <br /> A t <br /> n <br /> New or additional Axon products and applications, as well as any Axon professional services <br /> needed to configure Axon Records, are not included. If Agency purchases Axon Records as part <br /> of a bundled offering, the Axon Record subscription begins on the later of the (1) start date of that <br /> bundled offering, or(2) date Axon provisions Axon Records to Agency. <br /> 13 Axon Cloud Services Restrictions. Agency and Agency end users (including employees, <br /> contractors, agents, officers, volunteers, and directors), may not, or may not attempt to: <br /> 13.1 copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud <br /> Services; <br /> 13.2 reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process <br /> to derive any source code included in Axon Cloud Services,or allow others to do the same; <br /> 13.3 access or use Axon Cloud Services with the intent to gain unauthorized access, avoid <br /> incurring fees or exceeding usage limits or quotas; <br /> 13.4 use trade secret information contained in Axon Cloud Services, except as expressly <br /> permitted in this Agreement; <br /> 13.5 access Axon Cloud Services to build a competitive device or service or copy any features, <br /> functions, or graphics of Axon Cloud Services; <br /> 13.6 remove, alter, or obscure any confidentiality or proprietary rights notices (including <br /> copyright and trademark notices) of Axon's or Axon's licensors on or within Axon Cloud <br /> Services; or <br /> 13.7 use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or <br /> tortious material; to store or transmit material in violation of third-party privacy rights; or to <br /> store or transmit malicious code. <br /> 14 After Termination. Axon will not delete Agency Content for 120-days following termination. There <br /> will be no functionality of Axon Cloud Services during these 120-days other than the ability to <br /> retrieve Agency Content.Agency will not incur additional fees if Agency downloads Agency Content <br /> from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Agency <br /> Content after these 120-days and will thereafter, unless legally prohibited, delete all Agency <br /> Content. Upon request, Axon will provide written proof that Axon successfully deleted and fully <br /> removed all Agency Content from Axon Cloud Services. <br /> 15 Post-Termination Assistance. Axon will provide Agency with the same post-termination data <br /> retrieval assistance that Axon generally makes available to all customers. Requests for Axon to <br /> provide additional assistance in downloading or transferring Agency Content, including requests <br /> for Axon's data egress service, will result in additional fees and Axon will not warrant or guarantee <br /> data integrity or readability in the external system. <br /> 16 U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Cloud Services <br /> on behalf of a U.S. Federal department, Axon Cloud Services is provided as a "commercial item," <br /> "commercial computer software," "commercial computer software documentation," and "technical <br /> data",as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation <br /> Supplement. If Agency is using Axon Cloud Services on behalf of the U.S. Government and these <br /> terms fail to meet the U.S. Government's needs or are inconsistent in any respect with federal law, <br /> Agency will immediately discontinue use of Axon Cloud Services. <br /> 17 Survival. Upon any termination of this Agreement, the following sections in this Appendix will <br /> survive: Agency Owns Agency Content, Storage,Axon Cloud Services Warranty, and Axon Cloud <br /> Services Restrictions. <br /> Title: Master Services and Purchasing Agreement between Axon and Agency <br /> Department: Legal <br /> Version: 11.0 <br /> Release Date: 8/6/2020 Page 8 of 13 <br />
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