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Axon Agreement
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2022
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02. February
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2022-02-15 10:00 AM - Commissioners' Agenda
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Axon Agreement
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Last modified
2/25/2022 2:47:58 PM
Creation date
2/25/2022 2:47:05 PM
Metadata
Fields
Template:
Meeting
Date
2/15/2022
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Alpha Order
r
Item
Request to Approve a Contract between Kittitas County and AXON Enterprise, Inc. for Vehicle-Based Video Evidence Systems
Order
18
Placement
Consent Agenda
Row ID
86034
Type
Agreement
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DocuSign Envelope lD: 6E398049-FgF8-456B-8844-67D824308E87 <br />AAXoN Master Services and Purchasing Agreement <br />between Axon and Agency (Online) <br />or othenruise from Customer's use of the Flock Services , Hardware and any Software, <br />including any claim that such actions violate a ny applicable law or third party right. <br />Although Flock has no obligation to monitor Customer's use of the Flock Services, Flock <br />I <br />may do so and may prohibit any use of the Flock Services it believes may be (or alleged <br />to be) in violation of the Section 3.2 or this Agreement. <br />Record Retention.9.1 Data Preseruation. The Customer agrees to store Customer Data and Non-Customer End <br />User Data in compliance with all applicable local, state and federal laws, regulations, <br />policies and ordinances and their associated record retention schedules. Ai part of <br />Custome/s consideration for paid access and no-fee access to the Flock System, to the <br />extent that Flock is required by local, state or federal law to store the Custom6r Data or the <br />Non-Customer End User Data, Customer agrees to preserve and securety store this data <br />on Flock's behalf so that Flock can delete the data from its servers and, ihould Flock be <br />legally compelled by judicial or government order, Flock may retrieve the data from <br />Customer upon demand, provided, however, if Flock receives a disclosure request for <br />Customer Data, Flo_ck will give Customer notice, unless legally prohibited from doing so, to <br />allow customer to file an objection with the court or administrative body. <br />Miscellaneous.10.1 Publicltv. Flock has the right to reference and use Custome/s name and trademarks and <br />disclose the nature of the Flock Services provided hereunder in each case in business and <br />development and marketing efforts, including without limitation on Flock's website. <br />10.2 Export. Customer may not remove or export from the United States or altow the export or <br />re-export of the Flock lP or anything related thereto, or any direct product theieof in <br />violation of any restrictions, laws or regulations of the United States Department of <br />Commerce, the United States Department of Treasury Office of Foreign Assets Control, or <br />any other United States or foreign Customer or authority. As defined in FAR section 2.101 ,the Flock Services, the Hardware, the Embedded Software and Documentation are <br />"commercial items" and according to DFAR section 252.2277014(a)(1) and (5) are deemedto be "commercial computer software" and "commercial computer software <br />documentation." Consistent with DFAR section 227.7202 and FAR section 12,212, any <br />use, modification, reproduction, release, performance, display, or disclosure of such <br />commercial software or commercial software documentation by the U.S. Government will <br />be governed solely by the terms of this Agreement and will be prohibited except to the <br />extent expressly permitted by the terms of this Agreement. <br />10 <br />TiHe: <br />Department: <br />Haster servtces ancl <br />Legal <br />Version:1,0 <br />Release Datei 3/3t/202L <br />ng Agreement Detween Axon ano Agency (unttne) <br />Page 32 ol 47
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