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DocuSign Envelope lD: 6E39B049-FgFB-4568-8844-67D824308887
<br />AAXON Master Services and Purchasing Agreement
<br />between Axon and Agency (Online)
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<br />disclosing the Proprietary lnformation pursuant to any judicial or governmental order,
<br />provided that the Receiving Party gives the Disclosing Pafi reasonable prior notice of such
<br />disclosure to contest such order. For clarity, Flock may access, use, preserve and/or
<br />disclose the Footrage to law enforcement authorities, government officials, and/or third
<br />parties, if legally required to do so or if Flock has a good faith belief that such access,use,
<br />preservation or disclosure is reasonably necessary to: (a) comply with a legal process or
<br />request; (b) enforce this Agreement, including investigation of any potential violation
<br />thereof; (c) detect,prevent or otherwise address security, fraud or technical issues; or (d)
<br />protect the rights, property or safety of Flock, its users, a third party, or the public as
<br />required or permitted by law, including respond to an emergency situation. ln the event
<br />Customer requests Flock to enable law enforcement monitoring against law enforcement
<br />hotlists, Customer hereby expressly grants Flock a non-exclusive, worldwide, perpetual,
<br />royalty-free right and license (during and after the term hereof) to disclose the bustomer
<br />Data (inclusive of any Footage and Footage search access) to enable law enforcement
<br />monitoring against law enforcement hotlists. Flock may store deleted Footage in order to
<br />comply with certain legal obligations but such retained Footage will not be retrievable
<br />without a valid court order, subject to Section 9.1 below.
<br />RESERVED.
<br />RESERVED.
<br />Remedv: Warrantv: and Dlsclaimer-7.1 Remedy. Upon a malfunction or failure of Hardware or Embedded Software (a "Defect"),
<br />Customer musl first make commercially reasonable efforts to address the problem by
<br />contacting Flock's technical support as described in Section 2.9 above. lf such efforts do
<br />not correct the Defect, Flock shall, or shall instruct one of its contractors to, in its sole
<br />discretion, repair or replace the Hardware or Embedded Software suffering from the Defect.
<br />Flock reserves the right in their sole discretion to refuse or delay reptacement or its choice
<br />of remedy for a Defect until after it has inspected and tested the affected Unit; provided
<br />that such inspection and test shall occur within seventy-two (72) hours after Customer
<br />notifies the Flock of a Defect. ln the event of a Defect, Flock will repair or replace the
<br />defective Unit at no additional cost, ln the event that a Unit is lost, stolen, or damaged,
<br />Flock agrees to replace the Unit at a fee according to the then-current Reinstall Policy
<br />(https://www.flocksafety.com/reinstall-fee-schedule). Customer shall not be required to
<br />replace subsequently lost, damaged or stolen Units, however, Customer understands and
<br />agrees that functionali$, including Footage, will be materially affected due to such
<br />subsequently lost, damaged or stolen units and that Flock will have no liability to Customer
<br />regarding such affected functionality nor shall the Usage Fee or lmplementation Fees owed
<br />be impacted.
<br />7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 above if any of the
<br />following exclusions apply: (a) misuse of the Hardware or Embedded Software in any
<br />manner, including operation of the Hardware or Embedded Software in any way that doei
<br />not strictly comply with any applicable specifications, documentation, or other iestrictions
<br />on use provided by Flock; (b) damage, alteration, or modification of the Hardware or
<br />Embedded Software in any way; or (c) combination of the Hardware or Embedded
<br />Software with software, hardware or other technology that was not expressly authorized
<br />by Flock.
<br />Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards
<br />to maintain the Services in a manner which minimizes errors and interruptions in the Flock
<br />Services. Flock Services may be temporarily unavailable for scheduled maintenance or
<br />for unscheduled emergency maintenance, either by Flock or by third-pafi providers, or
<br />because of othercauses beyond Flock's reasonable control, but Flock shall use reasonable
<br />efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
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<br />ltHe: M servrces ano PUrcnastng Agreement
<br />Department: Legal
<br />Version:1.0
<br />Release Date: 3/ 3L/202t
<br />Derween AXon anc Agency (onttne)
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