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AgdaPkt 2020-11-23 Joint SA PFA
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AgdaPkt 2020-11-23 Joint SA PFA
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Last modified
12/3/2020 5:27:49 PM
Creation date
11/19/2020 6:20:52 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
11/23/2020
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6.D. - Page 166 of 179 <br />DocuSign Env ope ID: C4AD8365-4748-4C7A-957C-BDF25F9BOF3E <br />AXONMaster Services and Purchasing Agreement <br />reement <br />6 Privacy. Axon will not disclose Agency Content or information about Agency except as compelled <br />by a court or administrative body or required by law or regulation. If Axon receives a disclosure <br />request for Agency Content, Axon will give Agency notice, unless legally prohibited from doing so, <br />to allow Agency to file an objection with the court or administrative body. Agency agrees to allow <br />Axon access to certain information from Agency to (a) perform troubleshooting services upon <br />request or as part of regular diagnostic screening; (b) enforce this Agreement or policies governing <br />the use of Axon Evidence; or (c) perform analytic and diagnostic evaluations of the systems. <br />Axon Body 3 Wi-Fi Positioning. Axon Body 3 cameras offer a feature to enhance location <br />services where GPS/GNSS signals may not be available, for instance, within buildings or <br />underground. Agency administrators can manage their choice to use this service within the <br />administrative features of Axon Cloud Services. If Agency chooses to use this service, Axon must <br />also enable the usage of the feature for Agency's Axon Cloud Services tenant. Agency will not see <br />this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Agency's Axon <br />Cloud Services tenant. When Wi-Fi Positioning is enabled by both Axon and Agency, Non -Content <br />and Personal Data will be sent to Skyhook Holdings, Inc. ("Skyhook") to facilitate the Wi-Fi <br />Positioning functionality. Data controlled by Skyhook is outside the scope of the Axon Cloud <br />Services Privacy Policy and is subject to the Skyhook Services Privacy Policy. <br />Storage. For Axon Unlimited Device Storage subscriptions, Agency may store unlimited data in <br />Agency's Axon Evidence account only if data originates from Axon Capture or the applicable Axon <br />Device. Axon may charge Agency additional fees for exceeding purchased storage amounts. Axon <br />may place Agency Content that Agency has not viewed or accessed for 6 months into archival <br />storage. Agency Content in archival storage will not have immediate availability and may take up <br />to 24 hours to access. <br />Location of Stora e. Axon may transfer Agency Content to third -party subcontractors for storage <br />Axon will determine the locations of data centers for storage of Agency Content. For United States <br />agencies, Axon will ensure all Agency Content stored in Axon Cloud Services remains within the <br />United States. Ownership of Agency Content remains with Agency. <br />10 Suspension. Axon may temporarily suspend Agency's or any end user's right to access or use <br />any portion or all of Axon Cloud Services immediately upon notice, if Agency or end user's use of <br />or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any <br />third -party; (b) adversely impact Axon Cloud Services , the systems, or content of any other <br />customer; (c) subject Axon, Axon's affiliates, or any third -party to liability; or (d) be fraudulent. <br />Agency remains responsible for all fees incurred through suspension. Axon will not delete Agency <br />Content because of suspension, except as specified in this Agreement. <br />11 Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data <br />corruption or errors before Agency uploads data to Axon Cloud Services. <br />12 Axon Records. Axon Records is the software -as -a -service product that is generally available at <br />the time Agency purchases an OSP 7 bundle. During Agency's Axon Records Subscription Term, <br />Agency will be entitled to receive Axon's Update and Upgrade releases on an if -and -when available <br />basis. <br />An "Update" is a generally available release of Axon Records that Axon makes available from time <br />to time. An "Upgrade" includes (i) new versions of Axon Records that enhance features and <br />functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide <br />additional features or perform additional functions. Upgrades exclude new products that Axon <br />introduces and markets as distinct products or applications. <br />New or additional Axon products and applications, as well as any Axon professional services <br />Title: Master Services 6rfd- urrcasing Agreement between Axon and Agency <br />Department: Legal <br />Version: 11.0 <br />Release Date: 8/6/2020 <br />ATTY/AGR.2020.266/Axon (Page 23 of 36) 205 <br />
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