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Axon Enterprise Inc. CSA 20230528
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Axon Enterprise Inc. CSA 20230528
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7/11/2023 11:25:24 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
5/28/2023
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PERM
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<br />12. Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or <br />errors before Agency uploads data to Axon Cloud Services. Service Offerings will be subject to the Axon <br />Cloud Services Service Level Agreement, a current version of which is available at <br />https://www.axon.com/products/axon-evidence/sla . <br />13. Axon Records. Axon Records is the software-as-a-service product that is generally available at the time <br />Agency purchases an OSP 7 bundle. During Agency’s Axon Records Subscription Term, if any, Agency <br />will be entitled to receive Axon’s Update and Upgrade releases on an if-and-when available basis. <br />a. The Axon Records Subscription Term will end upon the completion of the Axon Records <br />Subscription as documented in the Quote, or if purchased as part of an OSP 7 bundle, upon <br />completion of the OSP 7 Term (“Axon Records Subscription”) <br />b. An “Update” is a generally available release of Axon Records that Axon makes available from <br />time to time. An “Upgrade” includes (i) new versions of Axon Records that enhance features <br />and functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that <br />provide additional features or perform additional functions. Upgrades exclude new products that <br />Axon introduces and markets as distinct products or applications. <br />c. New or additional Axon products and applications, as well as any Axon professional services <br />needed to configure Axon Records, are not included. If Agency purchases Axon Records as <br />part of a bundled offering, the Axon Record subscription begins on the later of the (1) start date <br />of that bundled offering, or (2) date Axon provisions Axon Records to Agency. <br />d. Users of Axon Records at the agency may upload files to entities (incidents, reports, cases, etc) <br />in Axon Records with no limit to the number of files and amount of storage. Notwithstanding the <br />foregoing, Axon may limit usage should the Agency exceed an average rate of 100 GB per user <br />per year of uploaded files. Axon will not bill for overages. <br />14. Axon Cloud Services Restrictions. Agency and Agency end users (including employees, contractors, <br />agents, officers, volunteers, and directors), may not, or may not attempt to: <br />a. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services; <br />b. reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to <br />derive any source code included in Axon Cloud Services, or allow others to do the same; <br />c. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring <br />fees or exceeding usage limits or quotas; <br />d. use trade secret information contained in Axon Cloud Services, except as expressly permitted <br />in this Agreement; <br />e. access Axon Cloud Services to build a competitive device or service or copy any features, <br />functions, or graphics of Axon Cloud Services; <br />f. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright <br />and trademark notices) of Axon’s or Axon’s licensors on or within Axon Cloud Services; or <br />g. use Axon Cloud Services to store or transmit infringing, libelous, o r other unlawful or tortious <br />material; to store or transmit material in violation of third-party privacy rights; or to store or <br />transmit malicious code. <br />15. After Termination. Axon will not delete Agency Content for 90 days following termination. There will be <br />no functionality of Axon Cloud Services during these 90 days other than the ability to retrieve Agency <br />Content. Agency will not incur additional fees if Agency downloads Agency Content from Axon Cloud <br />Services during this time. Axon has no obligation to maintain or provide Agency Content after these 90- <br />days and will thereafter, unless legally prohibited, delete all Agency Content. <br /> <br />_____________________________________________________________________________________ <br />Consulting Services Agreement between City of San Leandro and Last revised 05/24/2023 <br />Axon Enterprise Inc. for Axon Interview Rooms Exhibit F – Page 3 of 4 <br />DocuSign Envelope ID: AE2AADEE-FB06-4C5B-950D-2EC00388B01A
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