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Item 15 - Agreements for Automated License Plate Recognition Camera Installation and Maintenance
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Item 15 - Agreements for Automated License Plate Recognition Camera Installation and Maintenance
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5/1/2025 3:18:20 PM
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City Clerk
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Agenda Packet
Agency
Police
Item #
15
Date
5/6/2025
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defined below), Customer hereby authorizes Motorola to allow the provider of such Non -Motorola <br />Content to access Customer Data, in connection with the interoperation of such Non -Motorola <br />Content with the Products and Services. Customer acknowledges and agrees that Motorola is not <br />responsible for, and makes no representations or warranties with respect to, the Non -Motorola <br />Content (including any disclosure, modification, or deletion of Customer Data resulting from use <br />of Non -Motorola Content or failure to properly interoperate with the Products and Services). If <br />Customer receives notice that any Non -Motorola Content must be removed, modified, or disabled <br />within the Products or Services, Customer will promptly do so. Motorola will have the right to <br />disable or remove Non -Motorola Content if Motorola believes a violation of law, third -party rights, <br />or Motorola's policies is likely to occur, or if such Non -Motorola Content poses or may pose a <br />security or other risk or adverse impact to the Products or Services, Motorola, Motorola's systems, <br />or any third party (including other Motorola customers). Motorola may provide certain Non - <br />Motorola Content as an authorized sales representative of a third party as set out in an Ordering <br />Document. As an authorized sales representative, the third party's terms and conditions, as set <br />forth in the Ordering Document, will apply to any such sales. Any orders for such Non -Motorola <br />Content will be filled by the third party. Nothing in this Section will limit the exclusions set forth in <br />Section 7.2 — Intellectual Property Infringement. <br />5.6. End User Licenses. Notwithstanding any provision to the contrary in the Agreement, <br />certain Non -Motorola Content software are governed by a separate license, EULA, or other <br />agreement, including terms governing third -party equipment or software, such as open source <br />software, included in the Products and Services. Customer will comply, and ensure its Authorized <br />Users comply, with any such additional terms applicable to third -party equipment or software. If <br />provided for in the separate third party license, Customer may have a right to receive source code <br />for such software; a copy of such source code may be obtained free of charge by contacting <br />Motorola. <br />6. Representations and Warranties. <br />6.1. Mutual Representations and Warranties. Each Party represents and warrants to the other <br />Party that (a) it has the right to enter into the Agreement and perform its obligations hereunder, <br />and (b) the Agreement will be binding on such Party. <br />6.2. Motorola Warranties. Subject to the disclaimers and exclusions below, Motorola <br />represents and warrants that (a) Services will be provided in a good and workmanlike manner <br />and will conform in all material respects to the descriptions in the applicable Ordering Document; <br />and (b) for a period of ninety (90) days commencing upon the Service Completion Date for one- <br />time Services, the Services will be free of material defects in materials and workmanship. Other <br />than as set forth in subsection (a) above, recurring Services are not warranted but rather will be <br />subject to the requirements of the applicable Addendum or Ordering Document. Motorola <br />provides other express warranties for Motorola -manufactured Equipment, Motorola -owned <br />software Products, and certain Services. Such express warranties are included in the applicable <br />Addendum or Ordering Document. Such representations and warranties will apply only to the <br />applicable Product or Service that is the subject of such Addendum or Ordering Document. <br />6.3. Warranty Claims; Remedies. To assert a warranty claim, Customer must notify Motorola <br />in writing of the claim prior to the expiration of any warranty period set forth in this MCA or the <br />applicable Addendum or Ordering Document. Unless a different remedy is otherwise expressly <br />set forth for a particular warranty under an Addendum, upon receipt of such claim, Motorola will <br />investigate the claim and use commercially reasonable efforts to repair or replace any confirmed <br />materially non -conforming Product or re -perform any non -conforming Service, at its option. Such <br />remedies are Customer's sole and exclusive remedies for Motorola's breach of a warranty. <br />Motorola Customer Agreement <br />
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