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8ARUAXu <br /> CARFAXFORPOLICE COM <br /> / TOWmea^ m, a,';ti 26,", x O%r;r,ONSw`aBio w; `z 3vosi ? a ' . <br /> with such Agency Breach and shall bear all costs associated with complying with legal and regulatory obligations in connection <br /> therewith and will reimburse CARFAX for any expenses incurred by CARFAX in connection with such Agency Breach, or any actions <br /> required as a result thereof. For purposes of clarification, and without limiting the generality of the foregoing, Agency shall, in <br /> compliance with law and at its own expense, notify the individuals whose information is the subject of such Agency Breach or potential <br /> Agency Breach, and shall also notify any other parties (including without limitation regulatory entities and credit reporting agencies)as <br /> may be required by law. Agency agrees that such notification shall not reference CARFAX or the Crash Report Center Database, nor <br /> shall CARFAX be otherwise identified or referenced in connection with such Agency Breach, without CARFAX's express written <br /> consent. Agency shall remain solely liable for claims that may arise from such Agency Breach, including without limitation costs for <br /> litigation (including attorneys' fees), and reimbursement sought by individuals, including without limitation costs for credit monitoring or <br /> allegations of loss in connection with such Agency Breach. Agency shall provide samples of all proposed materials to notify consumers <br /> and any third parties, including regulatory entities, to CARFAX for review and approval prior to distribution. <br /> 6. CARFAX Database Integrity. Agency will not upload or otherwise introduce any viruses, spyware or other software that jeopardizes <br /> the security or integrity of the CARFAX Databases or any CARFAX website and/or mobile device application or otherwise interferes <br /> with the CARFAX Databases, applicable CARFAX website and/or mobile device application functioning as intended by CARFAX. <br /> 7. Investigative Tools. In consideration of Agency's provision of Accident Data to CARFAX and authorization for CARFAX to use such <br /> Accident Data in accordance with Section 1, CARFAX shall provide Agency access to the services described in Sections 7(a)and 7(b) <br /> (collectively, the"Investigative Tools"), subject to the restrictions set forth in Section 7(c): <br /> (a) Subscription to the VHDB. CARFAX will provide to Agency a subscription to the VHDB to access CARFAX Vehicle History <br /> Reports, QuickVIN5, VINAIere, Partial License Plate Search and such other investigative tools that CARFAX may offer from time to <br /> time. <br /> (b)Subscription to the Crash Report Center Database. CARFAX will provide Agency with a subscription to the Crash Report Center <br /> Database to obtain, as necessary, copies of motor vehicle accident reports that were provided to CARFAX by other law enforcement <br /> agencies and any information contained in the foregoing for the Permitted Use only. <br /> (c) Restrictions on Access and Use of the Investigative Tools. Agency shall not: (i) provide, offer, distribute, sell, resell or otherwise <br /> disclose any of the Investigative Tools or any information derived from the Investigative Tools to any third party(except to the extent <br /> such Investigative Tool becomes part of Agency's criminal investigation record, subject to the state's open records laws); (ii) permit <br /> the use of the CARFAX Databases or any information contained therein by any third parties; (iii) search the CARFAX Databases or <br /> any information contained therein on behalf of any third party; (iv) use or permit the use of the CARFAX Databases or any <br /> information contained therein for purposes other than the Permitted Use; (v) use or permit the use of the CARFAX Databases or <br /> Investigative Tools in the operation of a service bureau; (vi) use or permit the use of the CARFAX Databases or the Investigative <br /> Tools for personal or unlawful purposes; or (vii) upload or otherwise introduce any viruses, spyware or other software that <br /> jeopardizes the security or integrity of the CARFAX Databases or otherwise interferes with the functioning of the CARFAX <br /> Databases as intended by CARFAX. Systematic access or retrieval of Investigative Tools or the information derived from <br /> Investigative Tools, including, but not limited to, the use of"bots" or"spiders," is strictly prohibited. In the event Agency provides any <br /> Investigative Tool or the information derived from the Investigative Tool to another party, Agency shall not: (A) provide such <br /> Investigative Tool or information to any party for resale or remarketing in any manner or (B) modify such Investigative Tool or <br /> information in any way. Agency shall make no representation or provide any warranty to any person or entity regarding CARFAX, <br /> the CARFAX Databases, the Investigative Tools, or the information derived from the Investigative Tools,whether written or oral, that <br /> is inconsistent with the provisions of this Agreement or the information contained on the Investigative Tools (including all <br /> disclaimers). <br /> 8. CARFAX E-Commerce Service. Agency understands that in order to subscribe to the CARFAX E-Commerce Service, the Accident <br /> Data provided to CARFAX by Agency must include substantially all data elements contained on the motor vehicle accident reports (to <br /> the extent permitted by applicable law). If Agency elects to subscribe to the CARFAX E-Commerce Service, Agency authorizes <br /> CARFAX to offer to sell and sell accident reports online (the "CARFAX E-Commerce Service") to the extent permitted by applicable <br /> law. Agency agrees to: (i) include on its website(s) and social media site(s) one or more hyperlinks to the CARFAX E-Commerce <br /> Service website unless Agency notifies CARFAX in writing that it wants to opt out of this requirement, (ii) direct entities that want to <br /> purchase its motor vehicle accident reports to the CARFAX E-Commerce Service website, (iii) direct all calls that Agency receives <br /> relating to CARFAX or the CARFAX E-Commerce Service to 1-800-990-2452 or such other phone number designated by CARFAX, <br /> and (iv) authorize CARFAX to issue press releases and public statements relating to Agency's subscription to the CARFAX E- <br /> Commerce Service, unless Agency notifies CARFAX in writing that it wants to opt out of this requirement. CARFAX will pay Agency the <br /> amount to be reimbursed to Agency for each accident report sold through the CARFAX E-Commerce Service (as provided by Agency <br /> on the Enrollment Form) ("Reimbursed Fee")for each accident report sold to the CARFAX E-Commerce Service corporate subscribers <br /> and/or referrals directed to the CARFAX E-Commerce Service website by Agency. Agency will notify CARFAX in writing of any change <br /> to the then-current Reimbursed Fee and any such change will take effect thirty (30) days after CARFAX's receipt of such notice. <br /> Notwithstanding any other provision of this Agreement, in no event will Agency require a higher Reimbursed Fee when accident reports <br /> are sold through CARFAX than a citizen would be required to pay when an accident report is purchased directly from Agency's <br /> website. Within thirty(30)days after the end of each calendar month, CARFAX will provide Agency a payment equal to the number of <br /> accident reports purchased by the CARFAX E-Commerce Service corporate subscribers and/or referrals directed to the CARFAX E- <br /> Commerce Service website by Agency in the prior calendar month multiplied by the applicable Reimbursed Fee. <br /> 9. Disclaimers; Limited Warranty. Agency acknowledges that CARFAX collects data from public records and other sources for use in <br /> PCA Enrollment Form-02/17 <br />