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EXHIBIT “C” <br />SOFTWARE AS A SERVICE <br />1. Software as a Service. During the term of this Purchase Agreement, City may access and use <br />Vendor’s Axon Evidence service described in Exhibit D (the “Software Service”). Exhibit D is <br />incorporated into this Agreement by reference. Vendor retains all right, title, and interest in and to <br />the Software Service, including without limitation, all software used to provide the Service and all <br />logos and trademarks reproduced through the Software Service. This Agreement does not grant <br />City any intellectual property rights in the Software Service or any of its components. <br />2. Specifications. At all times during the term of this Purchase Agreement, the Software Service shall <br />meet the minimum technical specifications set forth in Exhibit D. Vendor may provide the Software <br />Services according to alternative specifications if such alternative specifications provide <br />substantially the same function and level of service, subject to the reasonable consent of the City. <br />3. Service Level Agreement. See Attachment 1 - Service Level Appendix <br />Data Security <br />4. Data Security. <br />4.1. Data Ownership. City will own all right, title and interest in its data that is related to the Services <br />provided under this Purchase Agreement. Vendor shall not access City user accounts or City <br />Data except (1) as necessary to provide the Services, (2) in response to service or technical <br />issues, (3) as required by the express terms of this Purchase Agreement or (4) at City’s written <br />request. <br />4.2. Data Protection. Protection of personal privacy and data shall be an integral part of the <br />business activities of Vendor to ensure there is no inappropriate or unauthorized use of City’s <br />data at any time. To this end, Vendor shall safeguard the confidentiality, integrity, and <br />availability of City information and City Data, and comply with the following conditions: <br />4.2.1. Vendor shall implement and maintain appropriate administrative, technical and <br />organizational security measures to safeguard against unauthorized access, <br />disclosure or theft of Personal Data and Non-Public Data. Such security measures <br />shall be in accordance with recognized industry practice and not less stringent than <br />the measures Vendor applies to its own Personal Data and Non-Public Data of similar <br />kind. <br />4.2.2. All data obtained by Vendor in the performance of this Purchase Agreement shall <br />become and remain the property of the City, except where such data belongs to a <br />cardholder under applicable law or Non-Content Data as defined in Exhibit D Axon <br />Cloud Services Terms of Use Appendix . <br />4.3.All Personal Data and Non-Public Data shall be encrypted at rest and in transit with controlled <br />access. Unless otherwise stipulated, Vendor is responsible for encryption of the Personal Data <br />ATTY/AGR.2022.299/Axon Enterprises, Inc. (RCPD Axon Fleet Cameras) (Page 12 of 32)