This Amendment (“Amendment”) is between Axon Enterprise, Inc., a Delaware corporation (“Axon”), and the City of Rialto (“Agency” or “Customer”). This Amendment is effective as of the last signature date on this Amendment (“Effective Date”). Axon and Agency are each a “Party” and collectively “Parties”.
Axon and Agency are parties to Axon Enterprise, Inc.’s TASER 7 Agreement executed April 14, 2020 (“Agreement”).
The Parties wish to incorporate further changes into the Agreement in order to add additional products and services.
The Parties therefore agree as follows:
The attached documents are hereby incorporated into the Agreement:
Virtual Reality Appendix
Quote Q-595247
Any reference to TASER 7, OSP7 or OSP 7 Plus shall now read TASER 7/10, OSP 7/10 or OSP 7/10 Plus respectively.
The following terms are added to TASER 7 Axon Evidence.com Terms of Use Appendix:
“Provided Data” means de-identified, de-personalized, data derived from Customer's TASER energy weapon deployment reports, related TASER energy weapon logs, body-worn camera footage, and incident reports. “Transformed Data” means the Provided Data used for the purpose of quantitative evaluation of the performance and effectiveness of TASER energy weapons in the field across a variety of circumstances.
4. The following is added as a new section 3.5 of the TASER 7 Axon Evidence Terms of Use Appendix:
TASER Data Science Program. Axon will provide a quantitative evaluation on the performance and effectiveness of TASER energy weapons in the field across a variety of circumstances.
If Customer purchases the TASER Data Science Program, Customer grants Axon, its affiliates, and assignees an irrevocable, perpetual, fully paid, royalty-free, and worldwide right and license to use Provided Data solely for the purposes of this Agreement and to create Transformed Data. Customer shall own all rights and title to Provided Data. Axon shall own all rights and title to Transformed Data and any derivatives of Transformed Data.
Axon grants to Customer an irrevocable, perpetual, fully paid, royalty-free, license to use to TASER Data Science report provided to Customer for its own internal purposes. The Data Science report is provided “as is” and without any warranty of any kind.
In the event Customer seeks Axon’s deletion of Provided Data, it may submit a request to [email protected]. Where reasonably capable of doing so, Axon will implement the request but at a minimum will not continue to collect Provided Data from Customer.
The following are added as new sections to the Agreement:
8.5 Customer Warranty. If Customer is located in the US, Customer warrants and acknowledges that TASER 10 is classified as a firearm and is being acquired for official Customer use pursuant to a law enforcement Customer transfer under the Gun Control Act of 1968.
4.5 Purchase Order. To comply with applicable laws and regulations, Customer must provide a purchase order to Axon prior to shipment of TASER 10.
All other terms and conditions of the Agreement shall remain unchanged and in full force and effect.
Each representative identified below declares that the representative is authorized to execute this Amendment as of the date of signature.
Axon Enterprise, Inc.
Agency
Signature:
Signature:
Name:
Name:
Title:
Title:
Date:
Date:
Axon Virtual Reality Content Terms of Use Appendix
If Virtual Reality is included on the Quote, this Appendix applies.
Term. The Quote will detail the products and license duration, as applicable, of the goods, services, and software, and contents thereof, provided by Axon to Customer related to virtual reality (collectively, "Virtual Reality Media").
Headsets. Customer may purchase additional virtual reality headsets from Axon. In the event Customer decides to purchase additional virtual reality headsets for use with Virtual Reality Media, Customer must purchase those headsets from Axon.
License Restrictions. All licenses will immediately terminate if Customer does not comply with any term of this Agreement. If Customer utilizes more users than stated in this Agreement, Customer must purchase additional Virtual Reality Media licenses from Axon. Customer may not use Virtual Reality Media for any purpose other than as expressly permitted by this Agreement. Customer may not:
modify, tamper with, repair, or otherwise create derivative works of Virtual Reality Media; reverse engineer, disassemble, or decompile Virtual Reality Media or apply any process to derive the source code of Virtual Reality Media, or allow others to do the same; copy Virtual Reality Media in whole or part, except as expressly permitted in this Agreement; use trade secret information contained in Virtual Reality Media; resell, rent, loan or sublicense Virtual Reality Media; access Virtual Reality Media to build a competitive device or service or copy any features, functions, or graphics of Virtual Reality Media; or remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Virtual Reality Media or any copies of Virtual Reality Media.
Privacy. Customer’s use of the Virtual Reality Media is subject to the Axon Virtual Reality Privacy Policy, a current version of which is available at https://www.axon.com/axonvrprivacypolicy.
Termination. Axon may terminate Customer’s license immediately for Customer’s failure to comply with any of the terms in this Agreement.
Quote Appendix
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Amendment to Axon Enterprise, Inc.’s TASER 7 Agreement