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First Amendment to the Master
<br />Services and Purchasing Agreement
<br />Axon Investigate Appendix
<br />If the Quote includes Axon's On Prem Video Suite known as Axon Investigate or Third Party Video Support
<br />License, the following appendix shall apply.
<br />1.License Grant. Subject to the terms and conditions specified below and upon payment of the applicable
<br />fees set forth in the Quote, Axon grants to Agency a nonexclusive, nontransferable license to install, use,
<br />and display the Axon Investigate software ("Software") solely for its own internal use only and for no other
<br />purpose, for the duration of subscription term set forth in the Quote. This Agreement does not grant Agency
<br />any right to enhancements or updates, but if such are made available to Agency and obtained by Agency
<br />they shall become part of the Software and governed by the terms of this Agreement.
<br />2.Third-Party Licenses. Axon licenses several third-party codecs and applications that are integrated into the
<br />Software. Users with an active support contract with Axon are granted access to these additional features.
<br />By accepting this agreement, Agency agrees to and understands that an active support contract is required
<br />for all of the following features: DNxHD output formats, decoding files via the "fast indexing" method,
<br />proprietary file metadata, telephone and email support, and all future updates to the software. If Agency
<br />terminates the annual support contract with Axon, the features listed above will be disabled within the
<br />Software. It is recommended that users remain on an active support contract to maintain the full functionality
<br />of the Software.
<br />3.Restrictions on Use. Agency may not permit any other person to use the Software unless such use is in
<br />accordance with the terms of this Agreement. Agency may not modify, translate, reverse engineer, reverse
<br />compile, decompile, disassemble or create derivative works with respect to the Software, except to the extent
<br />applicable laws specifically prohibit such restrictions. Agency may not rent, lease, sublicense, grant a security
<br />interest in or otherwise transfer Agency’s rights to or to use the Software. Any rights not granted are reserved
<br />to Axon.
<br />4.Term. For purchased perpetual Licenses only—excluding Licenses leased for a pre-determined period,
<br />evaluation licenses, companion licenses, as well as temporary licenses--the license shall be perpetual unless
<br />Agency fails to observe any of its terms, in which case it shall terminate immediately, and without additional
<br />prior notice. The terms of Paragraphs 1, 2, 3, 5, 6, 8 and 9 shall survive termination of this Agreement. For
<br />licenses leased for a pre-determined period, for evaluation licenses, companion licenses, as well as
<br />temporary licenses, the license is granted for a period beginning at the installation date and for the duration
<br />of the evaluation period or temporary period as agreed between Axon and Agency.
<br />5.Title. Axon and its licensors shall have sole and exclusive ownership of all right, title, and interest in and to
<br />the Software and all changes, modifications, and enhancements thereof (including ownership of all trade
<br />secrets and copyrights pertaining thereto), regardless of the form or media in which the original or copies
<br />may exist, subject only to the rights and privileges expressly granted by Axon. This Agreement does not
<br />provide Agency with title or ownership of the Software, but only a right of limited use.
<br />6.Copies. The Software is copyrighted under the laws of the United States and international treaty provisions.
<br />Agency may not copy the Software except for backup or archival purposes, and all such copies shall contain
<br />all Axon’s notices regarding proprietary rights as contained in the Software as originally provided to Agency.
<br />If Agency receives one copy electronically and another copy on media, the copy on media may be used only
<br />for archival purposes and this license does not authorize Agency to use the copy of media on an additional
<br />server.
<br />7.Actions Required Upon Termination. Upon termination of the license associated with this Agreement,
<br />Agency agrees to destroy all copies of the Software and other text and/or graphical documentation, whether
<br />in electronic or printed format, that describe the features, functions and operation of the Software that are
<br />provided by Axon to Agency ("Software Documentation") or return such copies to Axon. Regarding any
<br />copies of media containing regular backups of Agency's computer or computer system, Agency agrees not
<br />to access such media for the purpose of recovering the Software or online Software Documentation.
<br />8.Export Controls. None of the Software, Software Documentation or underlying information may be
<br />downloaded or otherwise exported, directly or indirectly, without the prior written consent, if required, of the
<br />office of Export Administration of the United States, Department of Commerce, nor to any country to which
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