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13B Action
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Packet 20230918
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13B Action
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Last modified
3/21/2024 5:55:01 PM
Creation date
9/19/2023 5:42:04 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/18/2023
Retention
PERM
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2. SERVICES AND SUPPORT <br />2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right <br />to access the features and functions of the Flock Services via the Web Interface during the Term, <br />solely for the Authorized End Users. The Footage will be available for Authorized End Users to <br />access and download via the Web Interface for the data retention time defined on the Order Form <br />(“Retention Period”). Authorized End Users will be required to sign up for an account and select <br />a password and username (“User ID”). Customer shall be responsible for all acts and omissions of <br />Authorized End Users, and any act or omission by an Authorized End User which, including any <br />acts or omissions of authorized End user which would constitute a breach of this agreement if <br />undertaken by customer. Customer shall undertake reasonable efforts to make all Authorized End <br />Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users <br />to comply with such provisions. Flock may use the services of one or more third parties to deliver <br />any part of the Flock Services, (such as using a third party to host the Web Interface for cloud <br />storage or a cell phone provider for wireless cellular coverage). <br />2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, non- <br />transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the <br />Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the <br />Flock Services. <br />2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, <br />in order to improve performance and functionality. Flock will use commercially reasonable <br />efforts to respond to requests for support within seventy-two (72) hours. Flock will provide <br />Customer with reasonable technical and on-site support and maintenance services in-person, via <br />phone or by email at support@flocksafety.com (such services collectively referred to as “Support <br />Services”). <br />2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems <br />necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or <br />services to its agencies, the competitive strength of, or market for, Flock’s products or services, <br />such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law. <br />Parties understand that such upgrades are necessary from time to time and will not diminish the <br />quality of the services or materially change any terms or conditions within this Agreement.
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