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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 6 of 1 <br />Lite, City may access and use Axon Evidence only to store and manage TASER CEW and TASER CAM <br />data ("TASER Data"). City may not upload non-TASER Data to Axon Evidence Lite. <br />3. City Owns City Content. City controls and owns all right, title, and interest in City Content. Except as <br />outlined herein, Axon obtains no interest in City Content, and City Content is not Axon’s business records. <br />City is solely responsible for uploading, sharing, managing, and deleting City Content. Axon will only have <br />access to City Content for the limited purposes set forth herein. City agrees to allow Axon access to City <br />Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this <br />Agreement or policies governing use of the Axon products. <br />4. Security. Axon will implement commercially reasonable and appropriate measures to secure City <br />Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive <br />information security program to protect Axon Cloud Services and City Content including logical, physical <br />access, vulnerability, risk, and configuration management; incident monitoring and response; encryption <br />of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau <br />of Investigation Criminal Justice Information Services Security Addendum. <br />5. City Responsibilities. City is responsible for (a) ensuring City owns City Content; (b) ensuring no City <br />Content or City end user’s use of City Content or Axon Cloud Services violates this Agreement or <br />applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of <br />Axon Cloud Services. If City becomes aware of any violation of this Agreement by an end user, City will <br />immediately terminate that end user’s access to Axon Cloud Services. <br />a. City will also maintain the security of end usernames and passwords and security and access by <br />end users to City Content. City is responsible for ensuring the configuration and utilization of <br />Axon Cloud Services meet applicable City regulation and standards. City may not sell, transfer, <br />or sublicense access to any other entity or person. City shall contact Axon immediately if an <br />unauthorized party may be using City’s account or City Content, or if account information is lost <br />or stolen. <br />b. To the extent City uses the Axon Cloud Services to interact with YouTube®, such use may be <br />governed by the YouTube Terms of Service, available at <br />https://www.youtube.com/static?template=terms. <br />6. Privacy. City’s use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current <br />version of which is available at https://www.axon.com/legal/cloud-services-privacy-policy. City agrees to <br />allow Axon access to Non-Content Data from City to (a) perform troubleshooting, maintenance, or <br />diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and <br />related services; and (c) enforce this Agreement or policies governing the use of Axon products. <br />7. Axon Body 3 Wi-Fi Positioning. Axon Body 3 cameras offer a feature to enhance location services <br />where GPS/GNSS signals may not be available, for instance, within buildings or underground. City <br />administrators can manage their choice to use this service within the administrative features of Axon <br />Cloud Services. If City chooses to use this service, Axon must also enable the usage of the feature for <br />City’s Axon Cloud Services tenant. City will not see this option with Axon Cloud Services unless Axon <br />has enabled Wi-Fi Positioning for City’s Axon Cloud Services tenant. When Wi-Fi Positioning is enabled <br />by both Axon and City, Non-Content and Personal Data will be sent to Skyhook Holdings, Inc. <br />("Skyhook") to facilitate the Wi-Fi Positioning functionality. Data controlled by Skyhook is outside the <br />scope of the Axon Cloud Services Privacy Policy and is subject to the Skyhook Services Privacy Policy. <br />8. Storage. For Axon Unlimited Device Storage subscriptions, City may store unlimited data in City's Axon <br />Evidence account only if data originates from Axon Capture or the applicabl e Axon Device. Axon may <br />charge City additional fees for exceeding purchased storage amounts. Axon may place City Content that <br />City has not viewed or accessed for six (6) months into archival storage. City Content in archival storage <br />will not have immediate availability and may take up to twenty-four (24) hours to access. <br />For Third-Party Unlimited Storage the following restrictions apply: (i) it may only be used in conjunction <br />with a valid Axon’s Evidence.com user license; (ii) is limited to data of the law enforcement agency that <br />purchased the Third-Party Unlimited Storage and the Axon’s Evidence.com end user or City is prohibited <br />from storing data for other law enforcement agencies; and (iii) City may only upload and store data that <br />DocuSign Envelope ID: E1B6788D-C642-4C4D-8553-CFF844DE231E