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1313131313X] <br />ARFAXFO POLICE.+GO <br />CARFAX° For Police Program Terms and Conditions <br />These CARFAX® For Police Program Terms and Conditions ("Terms and Conditions"), any enrollment form (each, an "Enrollment <br />Form") signed or accepted by the law enforcement agency ("Agency"), and any exhibits and addenda to any Enrollment Form (whether <br />entered into at the same time or at a later date) collectively form the agreement ("Agreement") between CARFAX, Inc. ("CARFAX") and <br />Agency and govern Agency's participation in the CARFAXc for Police Program ("Program"). This Agreement constitutes the entire <br />agreement between the parties with respect to the subject matter hereof and terminates and supersedes all previous agreements, <br />whether oral or written, relating to the same subject matter, and will continue in full force and effect so long as Agency participates in <br />the Program. <br />1. Provision of Data. Agency agrees to provide, or authorizes its third party service provider to provide, to CARFAX all motor vehicle <br />accident reports (or any data contained therein, as mutually agreed by the parties) that are created or collected by Agency and that <br />Agency is permitted to provide to CARFAX ("Accident Data"). Agency understands that CARFAX relies on its sources for the accuracy <br />and reliability of their information, and therefore Agency will notify CARFAX of erroneous information in any Accident Data provided to <br />CARFAX. Agency authorizes CARFAX to include any and all non -personal information from the Accident Data in the CARFAX Vehicle <br />History Service database ("VHDB"), and to use such information in connection with any data, products and services provided by <br />CARFAX. Agency authorizes CARFAX to include any and all information from the Accident Data provided by Agency (including, <br />without limitation, any personal information) in CARFAX's crash report center database (the "Crash Report Center Database" and <br />collectively with the VHDB, the "CARFAX Databases") for use in connection with the CARFAX services that Agency subscribes to <br />through the Program, including the CARFAX E -Commerce Service (as defined below), the Investigative Tools (as defined below), <br />and/or such other services as may be offered by CARFAX from time to time (each, a "Service" and collectively, the "Services"). <br />Agency agrees to use its best efforts to provide to CARFAX, upon CARFAX's request, another copy of any previously provided <br />Accident Data as soon as reasonably possible after such request. Agency understands that, in the event of any termination of <br />Agency's participation in any Service or the Program, CARFAX may continue to use the Accident Data already acquired by CARFAX. <br />2. Term and Termination. Agency agrees that its participation in the Program will be effective from the date on which Agency first <br />provides Accident Data to CARFAX in the form and format that allows CARFAX to upload such Accident Data in the CARFAX <br />Databases (the "Effective Date") and will continue in effect for a period of one (1) year and thereafter will automatically renew for <br />additional one (1) year periods until either party provides the other party ninety (90) days written notice prior to any renewal date (the <br />"Term"). If, during the Term, Agency elects to withdraw from its participation in the CARFAX E -Commerce Service and/or the use of <br />the Investigative Tools, Agency must provide written notice to CARFAX of such election and CARFAX shall reasonably accommodate <br />such request within thirty (30) days of receipt of such request. Termination of Agency's subscription to any Service pursuant to the <br />Program does not terminate any other Services to which Agency may have subscribed. CARFAX may terminate this Agreement <br />immediately upon written notice if Agency breaches any provision of this Agreement. All provisions of this Agreement that expressly or <br />should by their nature survive any expiration or termination of this Agreement shall so survive, including without limitation this last <br />sentence of Section 2, the last sentence of Section 3, and Sections 5, 7(c), 9, 10, 12 and 13. <br />3. License; Ownership. Subject to the terms and conditions of this Agreement, CARFAX hereby grants to Agency a limited, revocable, <br />nontransferable and nonexclusive license to use the CARFAX Databases in accordance with the terms of this Agreement. The license <br />to use the CARFAX Databases is limited to the extent required for criminal investigative purposes ("Permitted Use"). Agency <br />acknowledges that the CARFAX Databases, the Investigative Tools and all data contained therein and all intellectual property relating <br />thereto are and will remain the property of CARFAX. <br />4. Agency Account. Promptly following the Effective Date, CARFAX will establish an Agency Account and will provide Agency with <br />username(s) and password(s) to access the CARFAX Databases to use the Investigative Tools. Agency will ensure that only <br />authorized employees of Agency are given access to the Agency Account. Agency will ensure that a separate username and <br />password is issued for each authorized employee of Agency, and Agency will be responsible for the administration of such <br />username(s) and password(s) (including, without limitation, in connection with change in authorized personnel). Agency understands <br />that it is liable for the security of the username(s) and password(s) issued by CARFAX and all charges or fees arising out of the <br />unauthorized or improper use of such username(s) and password(s), including access by non -authorized individuals or use for <br />commercial purposes. Agency will not share the username(s) and/or password(s) issued by CARFAX with any third party (other than <br />with CARFAX-approved third party vendors to facilitate the Permitted Use). <br />5. Securit . Agency acknowledges that the Crash Report Center Database contains accident reports that may include personally <br />identifiable information (collectively, "PII"). Agency will keep all such PII confidential and secure, including without limitation by (a) <br />restricting access to the Agency Account and/or such accident reports to employees of Agency who have a need to know as part of <br />their official duties; (b) ensuring that the Agency Account and such accident reports are accessed for a Permitted Use only, and <br />information from such accident reports is not shared with any third party except as permitted by law and pursuant to this Agreement; (c) <br />maintaining and complying with any applicable data retention policy governing the security and retention of accident reports; and (d) <br />maintaining an information security program that is designed to meet applicable state and federal law requirements for safeguarding <br />PII, including, at a minimum, to (i) ensure the security and confidentiality of such accident reports; (ii) protect against any anticipated <br />threats or hazards to the security or integrity of data contained on such accident reports; and (iii) protect against unauthorized access <br />to or use of the data contained in such accident reports. In the event of any actual or reasonably suspected breach of accident reports <br />data caused by Agency's access to or use of the accident reports contained in the Crash Report Center Database ("Agency Breach"), <br />Agency will promptly notify CARFAX of such actual or suspected Agency Breach and will fully cooperate with CARFAX in investigating <br />such breach or unauthorized access and preventing the recurrence of any unauthorized or attempted possession, use or knowledge of <br />the data. Agency shall be solely responsible for any legal or regulatory obligations which may arise under applicable law in connection <br />PCA Enrollment Form - 02/17 <br />