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Item 17 - Approve Agreement with Axon Enterprise, Inc.
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Item 17 - Approve Agreement with Axon Enterprise, Inc.
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9/26/2024 11:52:14 AM
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9/25/2024 8:01:07 AM
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City Clerk
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Agenda Packet
Agency
Police
Item #
17
Date
10/1/2024
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Docusign Envelope ID: C98C7CB5-844F-4A19-B309-53909B4AE967 <br />AXON <br />Axon Enterprise, Inc.'s TASER <br />Energy Weapon Agreement <br />Axon immediately if an unauthorized third party may be using Agency's account or Agency Content <br />or if account information is lost or stolen. <br />7 Privacy. Your use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a <br />current version of which is available at https://www.axon.com/legal/cloud-services-privacy-policy. <br />Agency agrees to allow Axon access to Non -Content Data from Agency to (a) perform <br />troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support <br />current and future Axon products and related services; and (c) enforce this Agreement or policies <br />governing the use of Axon products. <br />8 Storage. Axon may place Agency Content that Agency has not viewed or accessed for 6 months <br />into archival storage. Agency Content in archival storage will not have immediate availability and <br />may take up to 24 hours to access. <br />9 Location of Data Storage. Axon may transfer Agency Content to third party subcontractors for <br />storage. Axon will determine the locations of data centers where Agency Content will be stored. <br />Axon will ensure all Agency Content stored in Axon Evidence remains within the country the Agency <br />is located. Ownership of Agency Content remains with Agency. <br />10 Suspension. Axon may suspend Agency access or any end -user's right to access or use any <br />portion or of Axon Evidence immediately upon notice, if: <br />10.1. The Termination provisions of the TASER 7 or TASER 10 Terms and Conditions apply; <br />10.2. Agency or an end -user's use of or registration for Axon Evidence (i) poses a security risk <br />to Axon Evidence or any third party, (ii) may adversely impact Axon Evidence or the <br />systems or content of any other customer, (iii) may subject Axon, Axon's affiliates, or any <br />third party to liability, or (iv) may be fraudulent; <br />Agency remains responsible for all fees incurred through the date of suspension without any credits <br />for any period of suspension. Axon will not delete any of Agency Content on Axon Evidence due to <br />suspension, except as specified elsewhere in this Agreement. <br />11 Axon Evidence Warranty. Axon warrants that Axon Evidence will not infringe or misappropriate <br />any patent, copyright, trademark, or trade secret rights of any third party. Axon disclaims any <br />warranties or responsibility for data corruption or errors before the data is uploaded to Axon <br />Evidence. <br />12 Axon Evidence Restrictions. All Axon Evidence subscriptions will immediately terminate if <br />Agency does not comply with any term of this Agreement. Agency and Agency end -users (including <br />employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt <br />to: <br />12.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Evidence; <br />12.2. reverse engineer, disassemble, or decompile Axon Evidence or apply any other process <br />to derive any source code included in Axon Evidence, or allow any others to do the same; <br />12.3. access or use Axon Evidence with the intent to gain unauthorized access, avoid incurring <br />fees or exceeding usage limits or quotas; <br />12.4. use trade secret information contained in Axon Evidence, except as expressly permitted in <br />this Agreement; <br />12.5. access Axon Evidence to build a competitive product or service or copy any features, <br />functions, or graphics of Axon Evidence; <br />12.6. 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 Evidence; <br />or <br />12.7. use Axon Evidence to store or transmit infringing, libelous, or otherwise unlawful or tortious <br />material, to store or transmit material in violation of third -party privacy rights, or to store or <br />Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement Page 7 of 11 <br />Department: Legal <br />Version: 1.0 <br />Release Date: 3/2/2023 <br />
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