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07
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2020
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051920
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07
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5/14/2020 3:34:14 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
5/19/2020
DESTRUCT DATE
15Y
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DocuSign Envelope ID:688ECEC6-8D4C-440E-A5FF-48D7FC9C9BC4 <br /> AXONMaster Services and Purchasing Agreement <br /> reement <br /> or errors before Agency uploads data to Axon Cloud Services. <br /> 12 Axon Cloud Services Restrictions. Agency and Agency end users (including employees, <br /> contractors, agents, officers, volunteers, and directors), may not, or may not attempt to: <br /> 12.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud <br /> Services; <br /> 12.2. 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 /> 12.3. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid <br /> incurring fees or exceeding usage limits or quotas; <br /> 12.4. use trade secret information contained in Axon Cloud Services, except as expressly <br /> permitted in this Agreement; <br /> 12.5. access Axon Cloud Services to build a competitive device or service or copy any features, <br /> functions, or graphics of Axon Cloud Services; <br /> 12.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including <br /> copyright and trademark notices) of Axon's or Axon's licensors on or within Axon Cloud <br /> Services; or <br /> 12.7. use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or <br /> tortious material; to store or transmit material in violation of third-party privacy rights; or <br /> to store or transmit malicious code. <br /> 13 After Termination. Axon will not delete Agency Content for 90-days following termination. There <br /> will be no functionality of Axon Cloud Services during these 90-days other than the ability to retrieve <br /> Agency Content. Agency will not incur additional fees if Agency downloads Agency Content from <br /> Axon Cloud Services during this time. Axon has no obligation to maintain or provide Agency <br /> Content after these 90-days and will thereafter,unless legally prohibited,delete all Agency Content. <br /> Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all <br /> Agency Content from Axon Cloud Services. <br /> 14 Post-Termination Assistance. Axon will provide Agency with the same post-termination data <br /> retrieval assistance that Axon generally makes available to all customers. Requests for Axon to <br /> provide additional assistance in downloading or transferring Agency Content, including requests <br /> for Axon's data egress service, will result in additional fees and Axon will not warrant or guarantee <br /> data integrity or readability in the external system. <br /> 15 U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Cloud Services on <br /> behalf of a U.S. Federal department, Axon Cloud Services is provided as a "commercial item," <br /> "commercial computer software," "commercial computer software documentation," and "technical <br /> data",as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation <br /> Supplement. If Agency is using Axon Cloud Services on behalf of the U.S. Government and these <br /> terms fail to meet the U.S. Government's needs or are inconsistent in any respect with federal law, <br /> Agency will immediately discontinue use of Axon Cloud Services. <br /> 16 Survival. Upon any termination of this Agreement, the following sections in this Appendix will <br /> survive: Agency Owns Agency Content, Storage, Axon Cloud Services Warranty, and Axon Cloud <br /> Services Restrictions. <br /> Title: Master Services and Purchasing Agreement between Axon and Agency <br /> Department: Legal <br /> Version: 8.0 <br /> Release Date: 11/8/2019 Page 9 of 19 <br />
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