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Fully Executed MSA & Quote
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09. September
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2023-09-19 10:00 AM - Commissioners' Agenda
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Fully Executed MSA & Quote
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Last modified
9/14/2023 12:59:36 PM
Creation date
9/14/2023 12:59:01 PM
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Meeting
Date
9/19/2023
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Item
Request to Acknowledge a Contract between Kittitas County and AXON Enterprise, Inc for Vehicle-Based Video Evidence Systems
Order
9
Placement
Consent Agenda
Row ID
109119
Type
Contract
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Master Services and Purchasing Agreement for Agency <br /> Title: Master Services and Purchasing Agreement between Axon and Agency <br /> Department: Legal <br /> Version: 19.0 <br /> Release Date: 8/18/2023 Page 5 of 40 <br />Axon Cloud Services Terms of Use Appendix <br />1. Definitions. <br />a. "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. Agency <br />Content includes Evidence but excludes Non-Content Data. <br />b. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency. Evidence <br />is a subset of Agency Content. <br />c. "Non-Content Data" is data, configuration, and usage information about Agency’s Axon Cloud Services <br />tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon <br />Devices. Non-Content Data includes data about users captured during account management and <br />customer support activities. Non-Content Data does not include Agency Content. <br />d. "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 reference to <br />an identifier such as a name, an identification number, location data, an online identifier or to one or <br />more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity <br />of that natural person. <br />2. Access. Upon Axon granting Agency a subscription to Axon Cloud Services, Agency may access and use Axon <br />Cloud Services to store and manage Agency Content. Agency may not exceed more end users than the Quote <br />specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence Lite, <br />Agency may access and use Axon Evidence only to store and manage TASER CEW and TASER CAM data <br />("TASER Data"). Agency may not upload non-TASER Data to Axon Evidence Lite. <br />3. Agency Owns Agency Content. Agency controls and owns all right, title, and interest in Agency Content. Except <br />as outlined herein, Axon obtains no interest in Agency Content, and Agency Content is not Axon’s business <br />records. Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content. Axon will <br />only have access to Agency Content for the limited purposes set forth herein. Agency agrees to allow Axon <br />access to Agency Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce <br />this Agreement or policies governing use of the Axon products. <br />4. Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Content <br />against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security <br />program to protect Axon Cloud Services and Agency Content including logical, physical access, vulnerability, <br />risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; <br />security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice <br />Information Services Security Addendum. <br />5. Agency Responsibilities. Agency is responsible for (a) ensuring Agency owns Agency Content; (b) ensuring <br />no Agency Content or Agency end user’s use of Agency Content or Axon Cloud Services violates this Agreement <br />or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Axon <br />Cloud Services. If Agency becomes aware of any violation of this Agreement by an end user, Agency will <br />immediately terminate that end user’s access to Axon Cloud Services. <br />a. Agency will also maintain the security of end usernames and passwords and security and access by end <br />users to Agency Content. Agency is responsible for ensuring the configuration and utilization of Axon <br />Cloud Services meet applicable Agency regulation and standards. Agency may not sell, transfer, or <br />sublicense access to any other entity or person. Agency shall contact Axon immediately if an <br />unauthorized party may be using Agency’s account or Agency Content, or if account information is lost <br />or stolen. <br />b. To the extent Agency uses the Axon Cloud Services to interact with YouTube®, such use may be <br />governed by the YouTube Terms of Service, available at <br />https://www.youtube.com/static?template=terms. <br />6. Privacy. Agency’s use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current <br />version of which is available at https://www.axon.com/legal/cloud-services-privacy-policy. Agency agrees to allow <br />Axon access to Non-Content Data from Agency to (a) perform troubleshooting, maintenance, or diagnostic <br />DocuSign Envelope ID: 2C761ADF-E7E7-47CB-90C8-565956429D82
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