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<br />Master Services and Purchasing Agreement <br />between Axon and Agency (Online) <br /> <br /> Title: Master Services and Purchasing Agreement between Axon and Agency (Online) <br /> Department: Legal <br /> Version: 1.0 <br /> Release Date: 3/31/2021 Page 6 of 47 <br />Axon Cloud Services Terms of Use Appendix <br /> <br />1 Definitions. <br />“Agency Content” is data uploaded into, ingested by, or created in Axon Cloud Services within <br />Agency’s tenant, including media or multimedia uploaded into Axon Cloud Services by Agency. <br />Agency Content includes Evidence but excludes Non-Content Data. <br /> <br />“Evidence” is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency. <br />Evidence is a subset of Agency Content. <br /> <br />“Non-Content Data” is data, configuration, and usage information about Agency’s Axon Cloud <br />Services tenant, Axon Devices and client software, and users that is transmitted or generated when <br />using Axon Devices. Non-Content Data includes data about users captured during account <br />management and customer support activities. Non-Content Data does not include Agency Content. <br /> <br />“Personal Data” means any information relating to an identified or identifiable natural person. An <br />identifiable natural person is one who can be identified, directly or indirectly, in particular by <br />reference to an identifier such as a name, an identification number, location data, an online identifier <br />or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural <br />or social identity of that natural person. <br /> <br />2 Access. Upon Axon granting Agency a subscription to Axon Cloud Services, Agency may access <br />and use Axon Cloud Services to store and manage Agency Content. Agency may not exceed more <br />end users than the Quote specifies. Axon Air requires an Axon Evidence subscription for each <br />drone operator. For Axon Evidence Lite, Agency may access and use Axon Evidence only to store <br />and manage TASER CEW and TASER CAM data (“TASER Data”). Agency may not upload non- <br />TASER Data to Axon Evidence Lite. <br /> <br />3 Agency Owns Agency Content. Agency controls and owns all right, title, and interest in Agency <br />Content. Except as outlined herein, Axon obtains no interest in Agency Content, and Agency <br />Content is not Axon’s business records. Agency is solely responsible for uploading, sharing, <br />managing, and deleting Agency Content. Axon will only have access to Agency Content for the <br />limited purposes set forth herein. Agency agrees to allow Axon access to Agency Content to (a) <br />perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement <br />or policies governing use of the Axon products. <br /> <br />4 Security. Axon will implement commercially reasonable and appropriate measures to secure <br />Agency Content against accidental or unlawful loss, access or disclosure. Axon will maintain a <br />comprehensive information security program to protect Axon Cloud Services and Agency Content <br />including logical, physical access, vulnerability, risk, and configuration management; incident <br />monitoring and response; encryption of uploaded digital evidence; security education; and data <br />protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information <br />Services Security Addendum. <br /> <br />5 Agency Responsibilities. Agency is responsible for (a) ensuring Agency owns Agency Content; <br />(b) ensuring no Agency Content or Agency end user’s use of Agency Content or Axon Cloud <br />Services violates this Agreement or applicable laws; and (c) maintaining necessary computer <br />equipment and Internet connections for use of Axon Cloud Services. If Agency becomes aware of <br />any violation of this Agreement by an end user, Agency will immediately terminate that end user’s <br />access to Axon Cloud Services. <br /> <br />Agency will also maintain the security of end user names and passwords and security and access <br />by end users to Agency Content. Agency is responsible for ensuring the configuration and utilization <br />of Axon Cloud Services meet applicable Agency regulation and standards. Agency may not sell, <br />transfer, or sublicense access to any other entity or person. Agency shall contact Axon immediately