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13B Action
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2023
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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
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PERM
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text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, <br />content, ratings, reviews, data, questions, suggestions, or other information or materials produced <br />by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable <br />right, title, and interest in Customer Generated Data. Customer understands and acknowledges <br />that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of <br />Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, <br />royalty-free, license to use the Customer Generated Data for the purpose of providing Flock <br />Services. Flock does not own and shall not sell Customer Generated Data. <br />4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer <br />Data and Customer Generated Data to the extent such anonymization renders the data non- <br />identifiable to create Anonymized Data to use and perform the Services and related systems and <br />technologies, including the training of machine learning algorithms. Customer hereby grants <br />Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such <br />Anonymized Data to improve and enhance the Services and for other development, diagnostic and <br />corrective purposes, and other Flock offerings. Parties understand that the aforementioned license <br />is required for continuity of Services. Flock does not own and shall not sell Anonymized Data. <br />5. CONFIDENTIALITY; DISCLOSURES <br />5.1 Confidentiality. To the extent required by any applicable public records requests, each Party <br />(the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or <br />may disclose business, technical or financial information relating to the Disclosing Party’s <br />business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). <br />Proprietary Information of Flock includes non-public information regarding features, functionality <br />and performance of the Services. Proprietary Information of Customer includes non-public data <br />provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not <br />limited to geolocation information and environmental data collected by sensors. The Receiving <br />Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized <br />use of such Proprietary Information that the Party takes with its own proprietary information, but <br />in no event less than commercially reasonable precautions, and (ii) not to use (except in <br />performance of the Services or as otherwise permitted herein) or divulge to any third person any
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