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<br /> <br /> <br />Consulting Services Agreement between City of San Leandro and Axon Enterprise, Inc. for Fleet 3 <br />Advanced Last revised [12/19/2023] <br /> Exhibit D – Page 5 of 1 <br />of this Agreement is intended to modify or change the City’s obligations under the state or federal public <br />records acts or as otherwise required by law. If City receives a public records request to disclose Axon <br />Confidential Information, to the extent allowed by law, City will provide notice to Axon before disclosure. Axon <br />may publicly announce information related to this Agreement. <br />17. General. <br />17.1. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement. <br />17.2. Export Compliance. Each Party will comply with all import and export control laws and regulations. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />Axon Cloud Services Terms of Use Appendix <br />1. Definitions. <br />a. "City Content" is data uploaded into, ingested by, or created in Axon Cloud Services within <br />City’s tenant, including media or multimedia uploaded into Axon Cloud Services by City. City <br />Content includes Evidence but excludes Non-Content Data. <br />b. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by an City. <br />Evidence is a subset of City Content. <br />c. "Non-Content Data" is data, configuration, and usage information about City’s Axon Cloud <br />Services tenant, Axon Devices and client software, and users that is transmitted or generated <br />when using Axon Devices. Non-Content Data includes data about users captured during account <br />management and customer support activities. Non-Content Data does not include City Content. <br />d. "Personal Data" means any information relating to an identified or identifiable natural person. <br />An identifiable natural person is one who can be identified, directly or indirectly, in particular by <br />reference to an identifier such as a name, an identification number, location data, an online <br />identifier or to one or more factors specific to the physical, physiological, genetic, mental, <br />economic, cultural or social identity of that natural person. <br />2. Access. Upon Axon granting City a subscription to Axon Cloud Services, City may access and use Axon <br />Cloud Services to store and manage City Content. City may not exceed more end users than the Quote <br />specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence <br />DocuSign Envelope ID: E1B6788D-C642-4C4D-8553-CFF844DE231E