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Agmt26 Axon Amendment No. 1
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Agmt26 Axon Amendment No. 1
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Last modified
4/24/2026 3:16:47 PM
Creation date
4/24/2026 3:16:19 PM
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Agreement
PROJECT NAME
Purchase Agreement
RMP File Number
304
Date
4/16/2026
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<br />First Amendment to the Purchase <br />Agreement for Goods, Commodities, <br />and Services <br />Page 9 of 18 <br />REV: 04-09-26 LR <br />2.3 Commercial Item <br />Software and associated documentation are "commercial items" as defined at FAR 2.101 comprised of <br />"commercial computer software" and "commercial computer software documentation" as those terms are used <br />in FAR 12.212 and DFARS 227.7202. Federal Customers shall acquire its licenses to the Software and <br />associated Documentation with only those rights set forth in this EULA. <br />3. Services <br />Customer's access to Services will be detailed in an Order Form, invoice, or other purchase documents issued <br />to you by Skydio or its authorized reseller and signed by the appropriate parties ("Order Form"). <br />3.1 Subscription Term Duration <br />Unless otherwise specified on the Order Form, each "Subscription Term" begins with the initiation of the <br />applicable Services and shall continue for the period specified in the Order Form: if none, then for one (1) year. <br />3.2 Provision of Services <br />Skydio will render Services in accordance with this agreement and each Order Form, so long as Customer timely <br />pays all amounts owed hereunder. Skydio has no obligation to provide any service other than the Services that <br />are purchased by Customer and identified on an Order Form, which can include: SaaS, Professional, Support, <br />and Training Services, as described below. <br />3.3 SaaS Services <br />SaaS Services consist of providing specified software to Customer online as a service during the applicable <br />Subscription Term identified in an Order Form. Each SaaS Service will include at least the functionality described <br />for that service in the Order Form or in the Product Guide in effect at the time the particular SaaS Services are <br />purchased. Skydio may update the Product Guide (and the functionality of the applicable SaaS Services) at its <br />sole discretion. <br />3.4 Professional Services <br />The scope of Professional Services will be described in an Order Form or statement of work ("SOW"), including <br />the deliverables, a schedule for delivery, and payment arrangements. If no such details are specified in writing, <br />Professional Services will be provided at Skydio's commercially reasonable discretion. <br />3.5 Support Services <br />Support Services consist of: (i) assisting Customer's named administrators in English via telephone, chat, and <br />email during Skydio's normal business hours with any errors encountered by Customer in using the supported <br />Offering; and (ii) making reasonable efforts to correct any error in supported Offerings, all in accordance with <br />Skydio's support policies published on its website, as updated from time to time. No other Support Services are <br />included under these Terms. <br />3.6 Training Services <br />Skydio will provide Training Services remotely or at the location described in an Order Form or mutually agreed <br />in another writing. For onsite, virtual and e-learning training, Customer is responsible for testing all necessary <br />facilities and systems prior to the scheduled training to enable Skydio to provide the training. Training dates must <br />be confirmed two or more weeks in advance of the training date. Skydio may re-schedule training at any time <br />prior to the training start date without liability. If Skydio becomes aware of a need to reschedule, then Skydio will <br />make a reasonable effort to notify the Customer at least one week in advance. In-person training must be initiated <br />within nine months of the Order Form date and completed within one year of the Order Form date, provided <br />however that if in-person training is not completed within one year due to rescheduling by Skydio, the time for <br />completion will be extended for a time period commensurate with the Skydio-initiated delay. Onsite, virtual and <br />e-learning training is only valid for the number of courses, dates and times (including the start and end date), <br />locations, delivery mechanisms (i.e., onsite, virtual or other), and number of students (participants) specified in <br />the Order Form. Training content will be substantially in line with the relevant training description set forth in the <br />Order Form. Ownership of all copyright and other intellectual property rights in any training course material or <br />other documentation, technical information, and know-how provided to training participants or otherwise to <br />Customer remains Skydio's sole property. <br />3.7 SaaS Service Level Agreement <br />Skydio offers the following 99.9% uptime Service Level Agreement ("SLA") with respect to the SaaS Services. <br />(a) Definitions <br />Downtime means the cumulative time period during which Customer is unable to log into the SaaS Services due <br />to failure(s) in the SaaS Services, as timely reported by Customer and verified by Skydio and as provided below. <br />Hardware failures are not Downtime, but may be covered under Skydio's Limited Warranty. <br />ATTY/AGR.2026/Amend. No.1/Axon Enterprise, Inc. (Axon Purchase Agreement Amendment) (Page 9 of 69)
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