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Axon 010720-Amendment 5-24-21 (1)
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2021-10-19 10:00 AM - Commissioners' Agenda
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Axon 010720-Amendment 5-24-21 (1)
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Last modified
10/14/2021 1:50:32 PM
Creation date
10/14/2021 1:49:04 PM
Metadata
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Meeting
Date
10/19/2021
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Alpha Order
f
Item
Request to Approve a Contract between Kittitas County and Sourcewell Contract Number RFP#010720
Order
6
Placement
Consent Agenda
Row ID
82499
Type
Contract
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Master Services and Purchasing Agreement <br /> <br /> Title: Master Services and Purchasing Agreement between Axon and Agency <br /> Department: Legal <br /> Version: 12.0 <br /> Release Date: 12/18/2020 Page 35 of 49 <br />Skydio Terms of Use Appendix <br />1 Definitions. <br /> <br />“Advanced Software” means optional capabilities, functions or other features of the Onboard <br />Software that may be specified and identified as such in the Quote. Skydio’s characterization of <br />capabilities, functions or other features as Advanced Software shall be dispositive. Notwithstanding <br />any other provision herein, a software feature that is locked or otherwise disabled unless or until <br />an Advanced Software Package is purchased for such software feature shall be deemed an <br />Advanced Software. Advanced Software does not include Mobile Apps. <br /> <br />“Advanced Software Package” means an optional, additional-charge license right, specified in <br />the Quote, pursuant to which Skydio shall unlock Advanced Software to permit Customer to use <br />Advanced Software (and in some cases the Skydio Hardware that it controls). <br /> <br />“Authorized Devices” are (a) mobile devices that Customer owns or is authorized to use, and (b) <br />controllers purchased by Customer hereunder, which in each case (a) and (b) are used by <br />Customer to operate the Skydio Hardware purchased by Customer hereunder. <br /> <br />“Base Software” means capabilities, functions or other features of the Onboard Software that are <br />both: (a) standard capabilities, functions or other features available and activated on Skydio’s base <br />consumer version of Skydio Hardware, and (b) available for use without purchase of Advanced <br />Software Package. Base Software may be specified and identified as standard features in the <br />Quote. Any capability, function, or feature that is not a Base Software shall be deemed an Advanced <br />Software. <br /> <br />“Customer” means the customer procuring Skydio Products or services. <br /> <br />“Error” means a critical error in the Advanced Software that causes the Advanced Software to be <br />inoperable. <br /> <br />“Skydio License Term” means with respect to an Advanced Software Package, the term of that <br />Advanced Software Package, including (if applicable) the initial specified term and any renewal <br />terms. <br /> <br />“Mobile Apps” means software applications (in executable form only), as may be specified on the <br />Quote, that are specifically intended for use on a mobile device (and any Updates thereto). <br /> <br />“Onboard Software” means software, in executable format only, embedded into or otherwise pre- <br />installed on Skydio Hardware as supplied by Sk ydio, and any Updates thereto, whether or not <br />embedded on read only memory. Onboard Software includes Base Software and Advanced <br />Software. <br /> <br />“Skydio Privacy Policy” means Skydio’s privacy policy located at https://www.skydio.com/privacy- <br />policy and as it may be amended from time to time by Skydio in its sole discretion. <br /> <br />“Product” means Skydio Hardware and Software, as provided by Skydio pursuant to this <br />Agreement and any applicable Quote. <br /> <br />“Skydio Hardware” means drones and other unmanned aircraft, controllers, docks, accessories <br />and related hardware that Customer purchases from Skydio or its distributors or resellers. <br /> <br />“Skydio Software” means Onboard Software and Mobile Apps. <br /> <br />“Support Term” means, for Base Software, the support term specified in the Quote, and, for each <br />Advanced Software Package, the applicable Skydio License Term for such Advanced Software <br /> <br />
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