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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND
AXON ENTERPRISE, INC.
This professional services agreement (“Agreement”) is made and entered into as of May 6, 2026, by and between the City of San Bernardino ( a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernar dino, California 92401) (“City ”) and Axon Enterprise, Inc. (a Delaware corporation with its principal place of bus iness at 17800 North 85th Street Scottsdale, Arizona 85255) (“Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties”.
RECITALS
A. The Parties (under Consultant’s previous name of Taser International, Inc.) entered into an agreement on February 21, 2017, for body -worn camera services and data storage; and
B. The City Council adopted Resolution No. 2017-232 on December 6, 2017, authorizing the City Manager to execute a five (5) year agreement with Consultant for body-worn cameras and Taser X26P weapons; and
C. The Parties e ntered into an agreement on J une 17, 20 20, for body-worn cameras, digital evidence management, and Taser conducted energy weapons; and D. The Parties entered into an agreement on September 2 1, 2022, for body- worn cameras and digital evidence management; and
E. The County of San Bernardino awarded the City funding in the amount of five hundred sixty-two thousand, five hundred dollars ($562,500) to support the purchase of unmanned aerial systems equipment for a Drone First Responder Program; and F. C
ity desires to bundle the services provided by Consultant into a single five (5) year agreement to expand the police department’s operational capabilities, streamline system integration, and provide significant cost savings; and G. T
he Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services and equipment described herein.
NO
W, THEREFORE, IT IS AGREED AS FOLLOWS:
AG
REEMENT
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1. Incorporation of Recitals. The recitals above are true and correct , and are hereby incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in Consultant’s Quote Number Q-800742-46086LG with an expiration date of May 30, 2026, as set forth in Exhibit A (attached hereto and incorporated herein by this reference). City’s receipt and Consultant’s provision of s ervices shall also be subject to the following Consultant documents, all of which are attached hereto and incorporated herein by this reference: “Additional Terms and C onditions” as set forth in Exhibit B ; “Axon Cloud Services Terms of Use Appendix” as set forth in Exhibit C; “Axon Application Programming Interface Appendix” as set forth in Exhibit D; “Axon Virtual Reality Content Terms of Use Appendix” as set forth in Exhibit E; “Axon Investigate Appendix” as set forth in Exhibit F; “My90 Terms of Use Appendix” as set forth in Exhibit G ; “Dedrone Product Appendix” as set forth in Exhibit H; “Professional Services Appendix” as set forth in Exhibit I; “Technology Assurance Plan Appendix” as set forth in Exhibit J; “Axon Auto-Tagging Appendix” as set forth in Exhibit K ; “Axon ALPR Appendix” as set forth in Exhibit L ; and “TASER Device Appendix” as set forth in Exhibit M. In the event of any inconsistency between the terms of Exhibits and this Agreement, the terms of this Agreement shall govern.
3. Professional Practices . All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.
4. Compensation
a. Subject to paragraph 4b below, the City shall pay for the services listed in Exhibit A.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of four-million, one-hundred twenty thousand dollars ($4,150,000). This amount is to cover all related costs for the duration of the term, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty -five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time fo r completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by the Parties and informal consultations with the other Party indicate that a change is warranted, it shall be processed by the Consultant forwarding a letter to the City outlining the changes with a statement of estimated changes in fee or time schedule. An amendment to this P
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Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
6. Term. This Agreement shall commence on May 1, 2026 and continue through the completion of servic es as set forth in Exhibit A, unless the Agreement is previously terminated as provided for herein (“Term”).
7. M
aintenance of Records; Audits
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance
a. Neither Party shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing P arty. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics , or quarantine restrictions. “Orders of governmental authorities ” includes ordinances ; emergency proclamations and orders; and rules to protect the public health, welfare, and safety. b. Should a Force Majeure Event occur, the non-performing Party shall (within a reasonable time of being prevented from performing) give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
10. Compliance with Law
a. Consultant shall comply with all applicable laws, ordinances, codes, P
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and regulations of the Federal, state, and local government (including California Division of Occupational Safety and Health Administration requirements). b. Consultant shall assist the City as requested in obtaining and maintaining all permits required of Consultant by F ederal, state, and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and / or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
11. Standard of Care . Consultant’s services will be performed in accordance with generally accepted professional practices and principles; and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Services.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City ; and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.
13. City Business Certificate . Consultant shall ( prior to execution of this Agreement) obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.
14. Assignment and Subconsultant . Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City (which may be withheld for any reason). Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
15. Independent Consultant . Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such personnel (including but not limited to social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance).
16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured. The City (its officials, officers, employees, agents, and volunteers ) shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consult ant shall take out and maintain (during the performance of all work under this Agreement, in amounts not less than specified herein) Commercial General (“CG”) Liability Insurance in a form and with insurance companies acceptable to the City.
(ii) Coverage for CG Liability insurance shall be at least as broad as Insurance Services Office (“ISO”) CG Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse, and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City (its elected and appointed officials, officers, employees, agents , and City -designated volunteers) additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City; and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage (including coverage for owned, non-owned, and hired vehicles in a form and with insurance companies acceptable to the City). (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City (its elected and appointed officials, officers, employees, agents, and City-designated volunteers) additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles; provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code; and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement (at all times during the performance of the work under this Agreement), the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement (all in accordance with the “Workers’ Compensation and Insurance Act”, Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverag e i n amounts indicated herein) . Consultant shall require all subconsultants to obtain and maintain (for the period required by this Agreement) workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions). At all times during the performance of the work under this Agreement, the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically des igned to protect against acts, errors , or omissions of the Consultant. “Covered Professional Services” as
designated in the policy must specifically include work performed under this Agreement.
The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
f. Privacy/Network Security (Cyber) . At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches; (2) system bre aches; (3) denial or loss of service; and (4) the introduction, implantation, or spread of malicious software code in a form and with insurance companies acceptable to the City. g. Minimum Policy Limits Required
(i) The following insurance limits are required:
Combined Single Limit
Commercial General Liability $2,000,000 per occur rence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverag e, limits, or other requirement; or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the P arties required to be named as Additional Insured pursuant to this Agreement.
h. Evidence Required . Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds (where appropriate) the type and amount
of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
i. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement; except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non- payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance, or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three (3) years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period (a) if the retroactive date is advanced past the effec tive date of this Agreement; (b) if the policy is cancelled or not renewed; or (c) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages (except for the professional liability coverage) shall contain or be endorsed to provide waiver of subrogation in favor of the City (its officials, officers, employees, agents, and volunteers) or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City; and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers . All policies required shall be issued by acceptable insurance companies (as determined by the City) which satisfy the following minimum requirements: Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any Federal law.
k. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant; and any approval of said insurance by the City is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement (including but not limited to the provisions concerning indemnification). (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) The City ( City Council, any member of the City Council, officials, officers, employees, agents, or volunteers) shall not be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements . Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
17. Indemnification and Limitation of Liability.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify, and hold the City (its elected and appointed officials, officers, employees, agents, and authorized volunteers) free and harmless from any and all claims ( demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind in law or equity to property or persons including wrongful death ( “Claims”)) in any manner arising out of, pertaining to, or incident to any alleged negligent acts errors, omissions, or willful misconduct of Consultant ( its officials, officers, employees, subcontractors, consultants , or agents ) in connection with the performance of the Consultant’s services, the Project, or this Agreement or product liability claims (including without limitation the payment of all damages, expert witness fees , attorneys’ fees, and other related costs and expenses ). This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City ( the City Council, members of the City Council, its employees, or authorized volunteers ).
Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement.
b. Limitation of Liability. The remedies provided for in this Agreement are expressly in lieu of any other liability Consultant may have. Consultant’s cumulative liability to any the City for any loss or damage resulting from any claims, demands, or actions arising out of relating to any Consultant product will not exceed $5,000,000.00, except for cases of Consultant’s willful misconduct, recklessness, or gross negligence.
18. California Labor Code Requirements
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. (as well as California Code of Regulations, Title 8, Section 16000, et seq.) ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “ maintenance” projects. If the S ervices are being performed as part of an applicable “public works” or “maintenance” project as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws if applicable.
Consultant shall defend, indemnify , and hold the City (its elected officials, officers, employees, and agents) free and harmless from any claims (liabilities, costs, penalties, or interest) arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) , and debarment of contractors and subcontractors (Labor Code Section 1777.1).
b. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Departm ent of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of I ndustrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
19. Verification of Employment Eligibility . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and Federal law respecting the employment of undocumented aliens (including but not limited to the Immigration Reform and Control Act of 1986 as may be amended from time to time), and shall require all subconsultants and sub- subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term
of this Agreement, the action shall be brought in a state or F ederal court situated in the County of San Bernardino, State of California.
21. Termination or Abandonment
a. The City has the right to terminate or abandon any portion or all of the work under this Agreement by giving thirty (30) calendar days ’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports , and other documents produced or developed for that portion of the work completed and/or being abandoned.
The City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services (based on an amount mutually agreed to by the Parties of the portion of such task completed but not paid prior to said termination). The City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
c. If the Agreement is terminated prior to its completion for default , Consultant shall refund the monthly prorated cost of the incomplete term.
22. Attorneys’ Fees . In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses (including reasonable attorneys’ fees incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof). The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.
23. Responsibility for Errors . Consultant shall be responsible for its work and results u nder this Agreement. Consultant (when requested) shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall (at no c ost to City) provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement ; and in the performance of its obligations hereunder except as expressly provided herein.
26. Documents and Data. All original field notes, written reports, drawings and specifications, and other documents produced or developed for the Project shall (upon payment in full for the services described in this Agreement) be furnished to and become the property of the City, except as otherwise provided in “Termination or Abandonment” above.
27. Organization. Consultant shall assign David Hillas Customer Success Manager. Consultant shall provide City fifteen (15) days written notice before removing or reassigning the Project Manager from the Project.
28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office (certified mail, return receipt requested, postage prepaid, and addressed to the following addresses) and shall be effective upon receipt thereof:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Manager
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Axon Enterprise, Inc.
17800 North 85th Street
Scottsdale, AZ 85255
Attn: Legal
30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment . Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age, or other interests protected by the State or Federal Constitutions. Such non- discrimination shall include but not be limited to all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
32. City’s Right to Employ Other Consultants . City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
33. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators, and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties, or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
34. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person (other than a bona fide employee working solely for Consultant) to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person (other than a bona fide employee working solely for Consultant) any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. No official, officer, or employee of City (during the term of his or her service with City) shall have any direct interest in this Agreement; or obtain any present or anticipated material benefit arising therefrom for the term of this Agreement.
35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
36. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance; and the remaining provisions of this Agreement shall remain in full force and effect.
37. Time of Essence . Time is of the essence for each and every provision of this Agreement.
38. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof; and shall not in any way affect the meaning or interpretation of this Agreement.
39. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.
40. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties; and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
41. Entire Agreement. This Agreement (including the Exhibits) represents the entire understanding of the Parties as to those matters contained herein; and supersedes and cancels any prior or contemporaneous oral or written understanding, promises, or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.
42. Counterparts. This Agreement may be executed in one or more counterparts, each of whi ch shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.
43. Electronic Signature . Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]
SIGNATURE PAGE
FOR
PROFESSIONAL SOFTWARE SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND
AXON ENTERPRISE, INC.
IN WITNESS WHEREOF , the Parties have executed this Agreement as of the Effective Date.
CITY OF SAN BERNARDINO
APPROVED BY:
Eric Levitt
City Manager
ATTESTED BY:
Telicia Lopez
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
AXON ENTERPRISE, INC.
Robert Driscoll
Deputy General Counsel
EXHIBIT A
EXHIBIT A
AXON QUOTE
Quote Q-800742-46086LG attached on following pages
Q-800742-46086LG
Issued: 03/05/2026
Quote Expiration: 05/30/2026
Estimated Contract Start Date: 07/01/2026
Account Number: 106954
Payment Terms: N30
Mode of Delivery: AUTO-GND
Credit/Debit Amount: $0.00
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
San Bernardino Police Dept. - CA
710 N D St
San Bernardino,
CA
92401-1112
USA
San Bernardino Police Dept. - CA
710 N D St
San Bernardino
CA
92401-1112
USA
Email:
Lauren Gauer
Phone: 480-580-3639
Email: [email protected]
Fax:
Adam Affrunti
Phone: (909) 384-5606
Email: [email protected]
Fax:
Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $160,433.17 TOTAL COST $4,025,176.25
ESTIMATED TOTAL W/ TAX $4,117,427.35 TOTAL SAVINGS $802,165.85
Axon Enterprise, Inc.
17800 N 85th St
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic:(800) 978-2737
International: +1.800.978.2737
EXHIBIT A
Payment Summary
Date Subtotal Tax Total
May 2026 $750,000.00 $17,860.50 $767,860.50
Jun 2026 $630,021.70 $18,082.97 $648,104.67
Jul 2027 $648,491.24 $13,884.24 $662,375.48
Jul 2028 $658,471.18 $14,141.12 $672,612.30
Jul 2029 $665,812.64 $14,141.12 $679,953.76
Jul 2030 $672,379.49 $14,141.15 $686,520.64
Total $4,025,176.25 $92,251.10 $4,117,427.35
Quote Unbundled Price: $4,012,803.47
Quote List Price: $3,471,591.83
Quote Subtotal: $4,025,176.25
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
100553 TRANSFER BALANCE - SOFTWARE AND SERVICES 1 $1.00 ($31,299.32) ($31,299.32) $0.00 ($31,299.32) 100552 TRANSFER BALANCE - GOODS 1 $1.00 $68,236.13 $68,236.13 $5,970.66 $74,206.79 BWCamTAP Body Worn Camera TAP Bundle 300 60 $55.84 $39.00 $39.00 $702,000.00 $43,420.36 $745,420.36 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 38 60 $82.78 $62.52 $62.52 $142,545.60 $8,875.74 $151,421.34 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 7 48 $1,049.00 $7,343.00 $642.51 $7,985.51 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 1 48 $55.39 $61.27 $42.89 $2,058.72 $175.19 $2,233.91 BWCamTAP Body Worn Camera TAP Bundle 7 48 $36.11 $38.22 $26.75 $8,988.00 $758.56 $9,746.56 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 7 36 $1,049.00 $7,343.00 $642.51 $7,985.51 BWCamTAP Body Worn Camera TAP Bundle 7 36 $42.86 $37.46 $32.47 $8,182.44 $626.32 $8,808.76 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 1 36 $65.89 $60.05 $52.04 $1,873.44 $144.35 $2,017.79 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 7 24 $1,049.00 $7,343.00 $642.51 $7,985.51 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 7 12 $1,049.00 $7,343.00 $642.52 $7,985.52 Fleet3B Fleet 3 Basic 1 60 $66.71 $166.82 $84.16 $5,049.60 $61.05 $5,110.65 InteriorCam FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 3 60 $30.20 $24.92 $24.92 $4,485.60 $118.06 $4,603.66 A00044 AXON AIR DFR DOCK PLAN 2 60 $5,471.66 $656,599.20 $14,059.50 $670,658.70 A00046 AXON AIR DFR PATROL PLAN 1 60 $1,556.68 $93,400.80 $3,801.00 $97,201.80 B00076 OUTPOST TAP PLAN 28 60 $366.09 $249.20 $199.36 $334,924.80 $10,790.82 $345,715.62 A la Carte Hardware
100698 AXON FLEET 3 - 2 CAMERA KIT - HIGH CAPACITY 1 $3,495.00 $3,495.00 $3,495.00 $305.82 $3,800.82 H00002 AB4 Multi Bay Dock Bundle 1 $1,638.90 $1,638.90 $1,638.90 $143.41 $1,782.31 H00002 AB4 Multi Bay Dock Bundle 1 $1,638.90 $1,638.90 $1,638.90 $143.40 $1,782.30 H00002 AB4 Multi Bay Dock Bundle 1 $1,638.90 $1,638.90 $1,638.90 $143.40 $1,782.30 H00002 AB4 Multi Bay Dock Bundle 1 $1,638.90 $1,638.90 $1,638.90 $143.41 $1,782.31 A la Carte Software
73478 AXON EVIDENCE - REDACTION ASSISTANT USER
LICENSE 100 60 $10.85 $0.00 $0.00 $0.00 $0.00
80227 AXON FUSUS - LICENSE - VIEW ONLY USER 35 60 $0.00 $0.00 $0.00 $0.00 $0.00 73478 AXON EVIDENCE - REDACTION ASSISTANT USER
LICENSE 7 12 $10.00 $10.00 $840.00 $0.00 $840.00
73682 AXON EVIDENCE - AUTO TAGGING LICENSE 7 12 $10.00 $10.00 $840.00 $0.00 $840.00 102610 AXON COMMUNITY LINK 7 12 $15.00 $11.70 $982.66 $0.00 $982.66 73478 AXON EVIDENCE - REDACTION ASSISTANT USER
LICENSE 7 24 $10.20 $10.20 $1,713.60 $0.00 $1,713.60
73682 AXON EVIDENCE - AUTO TAGGING LICENSE 7 24 $10.20 $10.20 $1,713.60 $0.00 $1,713.60 102610 AXON COMMUNITY LINK 7 24 $15.30 $11.47 $1,927.59 $0.00 $1,927.59 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON
DEVICE) 7 12 $30.00 $30.00 $2,520.00 $0.00 $2,520.00
73478 AXON EVIDENCE - REDACTION ASSISTANT USER
LICENSE 7 36 $10.41 $10.41 $2,623.32 $0.00 $2,623.32
73682 AXON EVIDENCE - AUTO TAGGING LICENSE 7 36 $10.41 $10.41 $2,623.32 $0.00 $2,623.32 102610 AXON COMMUNITY LINK 7 36 $15.61 $11.25 $2,836.12 $0.00 $2,836.12 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 7 48 $10.62 $10.62 $3,568.32 $0.00 $3,568.32
73478 AXON EVIDENCE - REDACTION ASSISTANT USER
LICENSE 7 48 $10.62 $10.62 $3,568.32 $0.00 $3,568.32
102610 AXON COMMUNITY LINK 7 48 $15.94 $11.04 $3,709.72 $0.00 $3,709.72 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON
DEVICE) 7 24 $30.60 $30.60 $5,140.80 $0.00 $5,140.80
73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON
DEVICE) 7 36 $31.22 $31.22 $7,867.44 $0.00 $7,867.44
73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON
DEVICE) 7 48 $31.87 $31.87 $10,708.32 $0.00 $10,708.32
73449 AXON BODY - LEGACY LICENSE - CONNECTED CAMERA 300 17 $5.04 $5.04 $25,704.00 $0.00 $25,704.00 73478 AXON EVIDENCE - REDACTION ASSISTANT USER
LICENSE 200 60 $10.85 $10.85 $130,200.00 $0.00 $130,200.00 102610 AXON COMMUNITY LINK 300 60 $16.27 $10.83 $194,988.00 $0.00 $194,988.00 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 300 60 $10.85 $10.85 $195,300.00 $0.00 $195,300.00 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON
DEVICE) 300 60 $32.55 $32.55 $585,900.00 $0.00 $585,900.00 BasicLicense Basic License Bundle 100 60 $16.27 $16.25 $97,500.00 $0.00 $97,500.00 ProLicense Pro License Bundle 235 60 $48.82 $48.75 $687,375.00 $0.00 $687,375.00 BasicLicense Basic License Bundle 7 48 $15.94 $15.92 $5,349.12 $0.00 $5,349.12 BasicLicense Basic License Bundle 7 36 $15.61 $15.61 $3,933.72 $0.00 $3,933.72 BasicLicense Basic License Bundle 7 24 $15.30 $15.30 $2,570.40 $0.00 $2,570.40 BasicLicense Basic License Bundle 7 12 $15.00 $15.00 $1,260.00 $0.00 $1,260.00 A la Carte Services
101282 AXON FLEET 3 - DEPLOYMENT - PER OVERSIZED
VEHICLE 1 $3,000.00 $3,000.00 $3,000.00 $0.00 $3,000.00 A la Carte Warranties
80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 1 1 $22.00 $22.00 $22.00 $0.00 $22.00 80464 AXON BODY - TAP WARRANTY - CAMERA 7 1 $14.60 $14.60 $102.20 $0.00 $102.20 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 1 13 $22.04 $22.04 $286.52 $0.00 $286.52 80464 AXON BODY - TAP WARRANTY - CAMERA 7 13 $14.62 $14.62 $1,330.42 $0.00 $1,330.42 100695 AXON FLEET 3 - EXT WARRANTY - HIGH CAPACITY 2
CAMERA KIT 1 49 $14.37 $14.37 $704.13 $0.00 $704.13
Total $4,025,176.25 $92,251.10 $4,117,427.35
Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date AXON AIR DFR DOCK PLAN 102768 AXON AIR - SKYDIO X10 DOCK DFR HW KIT 2 1 06/01/2026 AXON AIR DFR DOCK PLAN 102771 AXON AIR - SKYDIO SAFE - X10 DOCK DFR OPS HW KIT - REFRESH 1 2 1 06/01/2026
AXON AIR DFR PATROL PLAN 102765 AXON AIR - SKYDIO X10 PATROL DFR HW KIT 1 1 06/01/2026 Fleet 3 Basic 70112 AXON SIGNAL - VEHICLE 1 1 06/01/2026 FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 72002 AXON FLEET 3 - INTERIOR CAMERA INTERIOR MOUNT 3 1 06/01/2026 FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 72032 AXON FLEET - CABLE - ETHERNET CAT6 20 FT 3 1 06/01/2026 FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 72037 AXON FLEET 3 - INTERIOR CAMERA 3 1 06/01/2026 OUTPOST TAP PLAN 102032 AXON OUTPOST - CAMERA 28 1 06/01/2026 OUTPOST TAP PLAN 102488 AXON OUTPOST - SOLAR PANEL - 100W 28 1 06/01/2026 OUTPOST TAP PLAN 102538 AXON OUTPOST - TOP MOUNT END CAP - STANDARD 28 1 06/01/2026
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date OUTPOST TAP PLAN 102543 AXON OUTPOST - BATTERY & CHARGER ENCLOSURE - EXTENDED 28 1 06/01/2026
OUTPOST TAP PLAN 102552 AXON OUTPOST - POLE - STANDARD 28 1 06/01/2026 OUTPOST TAP PLAN 102737 AXON OUTPOST - STANDARD SOLAR HARDWARE KIT 28 1 06/01/2026 A la Carte 100698 AXON FLEET 3 - 2 CAMERA KIT - HIGH CAPACITY 1 1 06/01/2026 AB4 CONNECTED HARDWARE BUNDLE 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 7 1 06/01/2027
AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 1 1 06/01/2027 AB4 Multi Bay Dock Bundle 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 1 1 06/01/2027 AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 1 1 06/01/2027 Body Worn Camera Multi-Bay Dock TAP Bundle 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 38 1 12/01/2027 Body Worn Camera TAP Bundle 73309 AXON BODY - TAP REFRESH 1 - CAMERA 310 1 12/01/2027 AB4 CONNECTED HARDWARE BUNDLE 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 7 1 06/01/2028
AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 1 1 06/01/2028 AB4 Multi Bay Dock Bundle 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 1 1 06/01/2028 AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 1 1 06/01/2028 AXON AIR DFR PATROL PLAN 102767 AXON AIR - SKYDIO SAFE - X10 PATROL DFR HW KIT - REFRESH 1 1 1 12/01/2028
AB4 CONNECTED HARDWARE BUNDLE 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 7 1 06/01/2029
AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 1 1 06/01/2029 AB4 Multi Bay Dock Bundle 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 1 1 06/01/2029 AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 1 1 06/01/2029 AB4 CONNECTED HARDWARE BUNDLE 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 7 1 06/01/2030
AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 1 1 06/01/2030 AB4 Multi Bay Dock Bundle 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 1 1 06/01/2030 AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 1 1 06/01/2030 Body Worn Camera Multi-Bay Dock TAP Bundle 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 1 1 06/01/2030 Body Worn Camera Multi-Bay Dock TAP Bundle 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 1 1 06/01/2030 Body Worn Camera Multi-Bay Dock TAP Bundle 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 38 1 06/01/2030 Body Worn Camera TAP Bundle 73310 AXON BODY - TAP REFRESH 2 - CAMERA 7 1 06/01/2030 Body Worn Camera TAP Bundle 73310 AXON BODY - TAP REFRESH 2 - CAMERA 7 1 06/01/2030 Body Worn Camera TAP Bundle 73310 AXON BODY - TAP REFRESH 2 - CAMERA 310 1 06/01/2030 OUTPOST TAP PLAN 102144 AXON OUTPOST - TAP REFRESH ONE - CAMERA 28 1 06/01/2031 OUTPOST TAP PLAN 102810 AXON OUTPOST - TAP REFRESH ONE - BATTERY ENCLOSURE EXTENDED 28 1 06/01/2031
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date AXON AIR DFR DOCK PLAN 102656 AXON AIR - AXON EVIDENCE UNLIMITED DATA STORAGE PER DRONE 2 07/01/2026 06/30/2031
AXON AIR DFR DOCK PLAN 102766 AXON AIR - SKYDIO X10 DOCK DFR SUBCRIPTION PLAN W/ DATA 2 07/01/2026 06/30/2031
AXON AIR DFR PATROL PLAN 102656 AXON AIR - AXON EVIDENCE UNLIMITED DATA STORAGE PER DRONE 1 07/01/2026 06/30/2031
AXON AIR DFR PATROL PLAN 102678 AXON AIR - SKYDIO X10 PATROL DFR SUBSCRIPTION PLAN W/ DATA 1 07/01/2026 06/30/2031
Basic License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 100 07/01/2026 06/30/2031 Basic License Bundle 73840 AXON EVIDENCE - ECOM LICENSE - BASIC 100 07/01/2026 06/30/2031 Fleet 3 Basic 80400 AXON EVIDENCE - FLEET VEHICLE LICENSE 1 07/01/2026 06/30/2031
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Basic 80410 AXON EVIDENCE - STORAGE - FLEET 1 CAMERA UNLIMITED 2 07/01/2026 06/30/2031 FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 80410 AXON EVIDENCE - STORAGE - FLEET 1 CAMERA UNLIMITED 3 07/01/2026 06/30/2031 OUTPOST TAP PLAN 102142 AXON VEHICLE INTELLIGENCE - ALPR LICENSE 28 07/01/2026 06/30/2031 Pro License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 705 07/01/2026 06/30/2031 Pro License Bundle 73746 AXON EVIDENCE - ECOM LICENSE - PRO 235 07/01/2026 06/30/2031 A la Carte 102610 AXON COMMUNITY LINK 300 07/01/2026 06/30/2031 A la Carte 73449 AXON BODY - LEGACY LICENSE - CONNECTED CAMERA 300 07/01/2026 11/30/2027 A la Carte 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 200 07/01/2026 06/30/2031 A la Carte 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 100 07/01/2026 06/30/2031 A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 300 07/01/2026 06/30/2031 A la Carte 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 300 07/01/2026 06/30/2031 A la Carte 80227 AXON FUSUS - LICENSE - VIEW ONLY USER 35 07/01/2026 06/30/2031 Basic License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 7 07/01/2027 06/30/2031 Basic License Bundle 73840 AXON EVIDENCE - ECOM LICENSE - BASIC 7 07/01/2027 06/30/2031 A la Carte 102610 AXON COMMUNITY LINK 7 07/01/2027 06/30/2031 A la Carte 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 7 07/01/2027 06/30/2031 A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 7 07/01/2027 06/30/2031 A la Carte 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 7 07/01/2027 06/30/2031 Basic License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 7 07/01/2028 06/30/2031 Basic License Bundle 73840 AXON EVIDENCE - ECOM LICENSE - BASIC 7 07/01/2028 06/30/2031 A la Carte 102610 AXON COMMUNITY LINK 7 07/01/2028 06/30/2031 A la Carte 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 7 07/01/2028 06/30/2031 A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 7 07/01/2028 06/30/2031 A la Carte 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 7 07/01/2028 06/30/2031 Basic License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 7 07/01/2029 06/30/2031 Basic License Bundle 73840 AXON EVIDENCE - ECOM LICENSE - BASIC 7 07/01/2029 06/30/2031 A la Carte 102610 AXON COMMUNITY LINK 7 07/01/2029 06/30/2031 A la Carte 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 7 07/01/2029 06/30/2031 A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 7 07/01/2029 06/30/2031 A la Carte 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 7 07/01/2029 06/30/2031 Basic License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 7 07/01/2030 06/30/2031 Basic License Bundle 73840 AXON EVIDENCE - ECOM LICENSE - BASIC 7 07/01/2030 06/30/2031 A la Carte 102610 AXON COMMUNITY LINK 7 07/01/2030 06/30/2031 A la Carte 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 7 07/01/2030 06/30/2031 A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 7 07/01/2030 06/30/2031 A la Carte 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 7 07/01/2030 06/30/2031 Services
Bundle Item Description QTY
AXON AIR DFR DOCK PLAN 101498 AXON AIR - SKYDIO - IN-PERSON TRAINING - DOCK FOR X10 1 AXON AIR DFR DOCK PLAN 101499 AXON AIR - SKYDIO X10 DOCK COMMISSIONING 1 AXON AIR DFR DOCK PLAN 102526 PSO 1-DAY ONSITE TRAINING 1 AXON AIR DFR DOCK PLAN 102666 AXON AIR - SKYDIO X10 DOCK DFR SERVICES - PREMIUM SOLUTION 2 AXON AIR DFR DOCK PLAN 12021 AXON AIR - PROFESSIONAL IMPLEMENTATION 1 AXON AIR DFR PATROL PLAN 102667 AXON AIR - SKYDIO X10 PATROL DFR SERVICES - PREMIUM SOLUTION 1 OUTPOST TAP PLAN 102136 AXON OUTPOST - STANDARD INSTALLATION 28 OUTPOST TAP PLAN 102143 AXON OUTPOST - UPGRADE INSTALLATION 28 A la Carte 101282 AXON FLEET 3 - DEPLOYMENT - PER OVERSIZED VEHICLE 1
Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date Body Worn Camera Multi-Bay Dock TAP Bundle 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 38 07/01/2026 06/30/2031 Body Worn Camera TAP Bundle 80464 AXON BODY - TAP WARRANTY - CAMERA 10 07/01/2026 06/30/2031 Body Worn Camera TAP Bundle 80464 AXON BODY - TAP WARRANTY - CAMERA 300 07/01/2026 06/30/2031 Fleet 3 Basic 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 1 06/01/2027 06/30/2031 FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 80385 AXON FLEET 3 - EXT WARRANTY - INTERIOR CAMERA 3 06/01/2027 06/30/2031 OUTPOST TAP PLAN 102135 AXON OUTPOST - EXT WARRANTY - CAMERA 28 06/01/2027 06/30/2031 OUTPOST TAP PLAN 102137 AXON OUTPOST - MAINTENANCE 28 06/01/2027 06/30/2031 A la Carte 100695 AXON FLEET 3 - EXT WARRANTY - HIGH CAPACITY 2 CAMERA KIT 1 06/01/2027 06/30/2031 Body Worn Camera Multi-Bay Dock TAP Bundle 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 1 06/01/2028 06/30/2031 Body Worn Camera TAP Bundle 80464 AXON BODY - TAP WARRANTY - CAMERA 7 06/01/2028 06/30/2031 Body Worn Camera Multi-Bay Dock TAP Bundle 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 1 06/01/2029 06/30/2031 Body Worn Camera TAP Bundle 80464 AXON BODY - TAP WARRANTY - CAMERA 7 06/01/2029 06/30/2031 A la Carte 80464 AXON BODY - TAP WARRANTY - CAMERA 7 06/01/2030 06/30/2031 A la Carte 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 1 06/01/2030 06/30/2031 A la Carte 80464 AXON BODY - TAP WARRANTY - CAMERA 7 06/01/2031 06/30/2031 A la Carte 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 1 06/01/2031 06/30/2031
Shipping Locations
Location Number Street City State Zip Country
1 710 N D St San Bernardino CA 92401-1112 USA
Payment Details
May 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Skydio Payment A00044 AXON AIR DFR DOCK PLAN 2 $656,599.20 $14,059.50 $670,658.70 Skydio Payment A00046 AXON AIR DFR PATROL PLAN 1 $93,400.80 $3,801.00 $97,201.80 Total $750,000.00 $17,860.50 $767,860.50
Jun 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 1 102610 AXON COMMUNITY LINK 300 $37,136.82 $0.00 $37,136.82 Annual Payment 1 73449 AXON BODY - LEGACY LICENSE - CONNECTED CAMERA 300 $4,895.51 $0.00 $4,895.51 Annual Payment 1 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 100 $0.00 $0.00 $0.00 Annual Payment 1 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 200 $24,797.50 $0.00 $24,797.50 Annual Payment 1 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 300 $37,196.24 $0.00 $37,196.24 Annual Payment 1 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 300 $111,588.73 $0.00 $111,588.73 Annual Payment 1 80227 AXON FUSUS - LICENSE - VIEW ONLY USER 35 $0.00 $0.00 $0.00 Annual Payment 1 B00076 OUTPOST TAP PLAN 28 $63,788.77 $2,055.18 $65,843.95 Annual Payment 1 BasicLicense Basic License Bundle 100 $18,569.55 $0.00 $18,569.55 Annual Payment 1 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 38 $27,148.80 $1,690.44 $28,839.24 Annual Payment 1 BWCamTAP Body Worn Camera TAP Bundle 300 $133,700.78 $8,269.71 $141,970.49 Annual Payment 1 ProLicense Pro License Bundle 235 $130,915.34 $0.00 $130,915.34 Fleet - Annual Payment 1 100695 AXON FLEET 3 - EXT WARRANTY - HIGH CAPACITY 2 CAMERA KIT 1 $140.83 $0.00 $140.83 Fleet - Annual Payment 1 100698 AXON FLEET 3 - 2 CAMERA KIT - HIGH CAPACITY 1 $698.95 $61.16 $760.11 Fleet - Annual Payment 1 101282 AXON FLEET 3 - DEPLOYMENT - PER OVERSIZED VEHICLE 1 $600.00 $0.00 $600.00 Fleet - Annual Payment 1 Fleet3B Fleet 3 Basic 1 $1,009.94 $12.21 $1,022.15 Fleet - Annual Payment 1 InteriorCam FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 3 $897.13 $23.61 $920.74 Transfer Value 100552 TRANSFER BALANCE - GOODS 1 $68,236.13 $5,970.66 $74,206.79 Transfer Value 100553 TRANSFER BALANCE - SOFTWARE AND SERVICES 1 ($31,299.32) $0.00 ($31,299.32) Total $630,021.70 $18,082.97 $648,104.67
Jul 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment InteriorCam FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 3 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00
Jul 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 1 102610 AXON COMMUNITY LINK 7 $927.43 $0.00 $927.43 Annual Payment 1 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 7 $892.08 $0.00 $892.08 Annual Payment 1 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 7 $892.08 $0.00 $892.08 Annual Payment 1 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 7 $2,677.09 $0.00 $2,677.09 Annual Payment 1 BasicLicense Basic License Bundle 7 $1,337.28 $0.00 $1,337.28
Jul 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 1 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 1 $514.67 $43.80 $558.47 Annual Payment 1 BWCamTAP Body Worn Camera TAP Bundle 7 $2,247.00 $189.64 $2,436.64 Annual Payment 1 H00002 AB4 Multi Bay Dock Bundle 1 $1,638.90 $143.41 $1,782.31 Annual Payment 1 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 7 $7,343.00 $642.51 $7,985.51 Annual Payment 2 102610 AXON COMMUNITY LINK 300 $39,462.79 $0.00 $39,462.79 Annual Payment 2 73449 AXON BODY - LEGACY LICENSE - CONNECTED CAMERA 300 $5,202.12 $0.00 $5,202.12 Annual Payment 2 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 100 $0.00 $0.00 $0.00 Annual Payment 2 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 200 $26,350.63 $0.00 $26,350.63 Annual Payment 2 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 300 $39,525.94 $0.00 $39,525.94 Annual Payment 2 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 300 $118,577.82 $0.00 $118,577.82 Annual Payment 2 80227 AXON FUSUS - LICENSE - VIEW ONLY USER 35 $0.00 $0.00 $0.00 Annual Payment 2 B00076 OUTPOST TAP PLAN 28 $67,784.02 $2,183.91 $69,967.93 Annual Payment 2 BasicLicense Basic License Bundle 100 $19,732.61 $0.00 $19,732.61 Annual Payment 2 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 38 $28,849.20 $1,796.32 $30,645.52 Annual Payment 2 BWCamTAP Body Worn Camera TAP Bundle 300 $142,074.82 $8,787.67 $150,862.49 Annual Payment 2 ProLicense Pro License Bundle 235 $139,114.89 $0.00 $139,114.89 Fleet - Annual Payment 2 100695 AXON FLEET 3 - EXT WARRANTY - HIGH CAPACITY 2 CAMERA KIT 1 $140.83 $0.00 $140.83 Fleet - Annual Payment 2 100698 AXON FLEET 3 - 2 CAMERA KIT - HIGH CAPACITY 1 $698.97 $61.16 $760.13 Fleet - Annual Payment 2 101282 AXON FLEET 3 - DEPLOYMENT - PER OVERSIZED VEHICLE 1 $600.00 $0.00 $600.00 Fleet - Annual Payment 2 Fleet3B Fleet 3 Basic 1 $1,009.94 $12.21 $1,022.15 Fleet - Annual Payment 2 InteriorCam FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 3 $897.13 $23.61 $920.74 Total $648,491.24 $13,884.24 $662,375.48
Jul 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 2 102610 AXON COMMUNITY LINK 7 $927.43 $0.00 $927.43 Annual Payment 2 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 7 $892.08 $0.00 $892.08 Annual Payment 2 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 7 $892.08 $0.00 $892.08 Annual Payment 2 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 7 $2,677.09 $0.00 $2,677.09 Annual Payment 2 BasicLicense Basic License Bundle 7 $1,337.28 $0.00 $1,337.28 Annual Payment 2 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 1 $514.67 $43.80 $558.47 Annual Payment 2 BWCamTAP Body Worn Camera TAP Bundle 7 $2,247.00 $189.64 $2,436.64 Annual Payment 3 102610 AXON COMMUNITY LINK 300 $39,462.79 $0.00 $39,462.79 Annual Payment 3 73449 AXON BODY - LEGACY LICENSE - CONNECTED CAMERA 300 $5,202.12 $0.00 $5,202.12 Annual Payment 3 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 100 $0.00 $0.00 $0.00 Annual Payment 3 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 200 $26,350.63 $0.00 $26,350.63 Annual Payment 3 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 300 $39,525.94 $0.00 $39,525.94 Annual Payment 3 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 300 $118,577.82 $0.00 $118,577.82 Annual Payment 3 80227 AXON FUSUS - LICENSE - VIEW ONLY USER 35 $0.00 $0.00 $0.00 Annual Payment 3 B00076 OUTPOST TAP PLAN 28 $67,784.02 $2,183.91 $69,967.93 Annual Payment 3 BasicLicense Basic License Bundle 100 $19,732.61 $0.00 $19,732.61 Annual Payment 3 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 38 $28,849.20 $1,796.32 $30,645.52 Annual Payment 3 BWCamTAP Body Worn Camera TAP Bundle 300 $142,074.82 $8,787.67 $150,862.49 Annual Payment 3 ProLicense Pro License Bundle 235 $139,114.89 $0.00 $139,114.89 Fleet - Annual Payment 3 100695 AXON FLEET 3 - EXT WARRANTY - HIGH CAPACITY 2 CAMERA KIT 1 $140.83 $0.00 $140.83 Fleet - Annual Payment 3 100698 AXON FLEET 3 - 2 CAMERA KIT - HIGH CAPACITY 1 $698.97 $61.16 $760.13 Fleet - Annual Payment 3 101282 AXON FLEET 3 - DEPLOYMENT - PER OVERSIZED VEHICLE 1 $600.00 $0.00 $600.00 Fleet - Annual Payment 3 Fleet3B Fleet 3 Basic 1 $1,009.94 $12.21 $1,022.15 Fleet - Annual Payment 3 InteriorCam FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 3 $897.13 $23.61 $920.74 Phase 2 - Annual Payment 1 102610 AXON COMMUNITY LINK 7 $945.37 $0.00 $945.37 Phase 2 - Annual Payment 1 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 7 $874.44 $0.00 $874.44 Phase 2 - Annual Payment 1 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 7 $874.44 $0.00 $874.44
Jul 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Phase 2 - Annual Payment 1 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 7 $2,622.49 $0.00 $2,622.49 Phase 2 - Annual Payment 1 BasicLicense Basic License Bundle 7 $1,311.24 $0.00 $1,311.24 Phase 2 - Annual Payment 1 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 1 $624.48 $48.12 $672.60 Phase 2 - Annual Payment 1 BWCamTAP Body Worn Camera TAP Bundle 7 $2,727.48 $208.77 $2,936.25 Phase 2 - Upfront Hardware H00002 AB4 Multi Bay Dock Bundle 1 $1,638.90 $143.40 $1,782.30 Phase 2 - Upfront Hardware HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 7 $7,343.00 $642.51 $7,985.51 Total $658,471.18 $14,141.12 $672,612.30
Jul 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 1 102610 AXON COMMUNITY LINK 7 $963.80 $0.00 $963.80 Annual Payment 1 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 7 $856.80 $0.00 $856.80 Annual Payment 1 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 7 $856.80 $0.00 $856.80 Annual Payment 1 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 7 $2,570.40 $0.00 $2,570.40 Annual Payment 1 80464 AXON BODY - TAP WARRANTY - CAMERA 7 $665.21 $0.00 $665.21 Annual Payment 1 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 1 $143.26 $0.00 $143.26 Annual Payment 1 BasicLicense Basic License Bundle 7 $1,285.20 $0.00 $1,285.20 Annual Payment 3 102610 AXON COMMUNITY LINK 7 $927.43 $0.00 $927.43 Annual Payment 3 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 7 $892.08 $0.00 $892.08 Annual Payment 3 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 7 $892.08 $0.00 $892.08 Annual Payment 3 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 7 $2,677.09 $0.00 $2,677.09 Annual Payment 3 BasicLicense Basic License Bundle 7 $1,337.28 $0.00 $1,337.28 Annual Payment 3 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 1 $514.67 $43.80 $558.47 Annual Payment 3 BWCamTAP Body Worn Camera TAP Bundle 7 $2,247.00 $189.64 $2,436.64 Annual Payment 4 102610 AXON COMMUNITY LINK 300 $39,462.79 $0.00 $39,462.79 Annual Payment 4 73449 AXON BODY - LEGACY LICENSE - CONNECTED CAMERA 300 $5,202.12 $0.00 $5,202.12 Annual Payment 4 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 200 $26,350.63 $0.00 $26,350.63 Annual Payment 4 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 100 $0.00 $0.00 $0.00 Annual Payment 4 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 300 $39,525.94 $0.00 $39,525.94 Annual Payment 4 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 300 $118,577.82 $0.00 $118,577.82 Annual Payment 4 80227 AXON FUSUS - LICENSE - VIEW ONLY USER 35 $0.00 $0.00 $0.00 Annual Payment 4 B00076 OUTPOST TAP PLAN 28 $67,784.02 $2,183.91 $69,967.93 Annual Payment 4 BasicLicense Basic License Bundle 100 $19,732.61 $0.00 $19,732.61 Annual Payment 4 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 38 $28,849.20 $1,796.32 $30,645.52 Annual Payment 4 BWCamTAP Body Worn Camera TAP Bundle 300 $142,074.82 $8,787.67 $150,862.49 Annual Payment 4 ProLicense Pro License Bundle 235 $139,114.89 $0.00 $139,114.89 Fleet - Annual Payment 4 100695 AXON FLEET 3 - EXT WARRANTY - HIGH CAPACITY 2 CAMERA KIT 1 $140.83 $0.00 $140.83 Fleet - Annual Payment 4 100698 AXON FLEET 3 - 2 CAMERA KIT - HIGH CAPACITY 1 $698.97 $61.16 $760.13 Fleet - Annual Payment 4 101282 AXON FLEET 3 - DEPLOYMENT - PER OVERSIZED VEHICLE 1 $600.00 $0.00 $600.00 Fleet - Annual Payment 4 Fleet3B Fleet 3 Basic 1 $1,009.94 $12.21 $1,022.15 Fleet - Annual Payment 4 InteriorCam FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 3 $897.13 $23.61 $920.74 Phase 2 - Annual Payment 2 102610 AXON COMMUNITY LINK 7 $945.37 $0.00 $945.37 Phase 2 - Annual Payment 2 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 7 $874.44 $0.00 $874.44 Phase 2 - Annual Payment 2 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 7 $874.44 $0.00 $874.44 Phase 2 - Annual Payment 2 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 7 $2,622.48 $0.00 $2,622.48 Phase 2 - Annual Payment 2 BasicLicense Basic License Bundle 7 $1,311.24 $0.00 $1,311.24 Phase 2 - Annual Payment 2 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 1 $624.48 $48.12 $672.60 Phase 2 - Annual Payment 2 BWCamTAP Body Worn Camera TAP Bundle 7 $2,727.48 $208.77 $2,936.25 Phase 3 - Upfront Hardware H00002 AB4 Multi Bay Dock Bundle 1 $1,638.90 $143.40 $1,782.30 Phase 3 - Upfront Hardware HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 7 $7,343.00 $642.51 $7,985.51 Total $665,812.64 $14,141.12 $679,953.76
Jul 2030
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 1 102610 AXON COMMUNITY LINK 7 $982.66 $0.00 $982.66 Annual Payment 1 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 7 $840.00 $0.00 $840.00 Annual Payment 1 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 7 $840.00 $0.00 $840.00 Annual Payment 1 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 7 $2,520.00 $0.00 $2,520.00 Annual Payment 1 80464 AXON BODY - TAP WARRANTY - CAMERA 7 $102.20 $0.00 $102.20 Annual Payment 1 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 1 $22.00 $0.00 $22.00 Annual Payment 1 BasicLicense Basic License Bundle 7 $1,260.00 $0.00 $1,260.00 Annual Payment 1 H00002 AB4 Multi Bay Dock Bundle 1 $1,638.90 $143.41 $1,782.31 Annual Payment 1 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 7 $7,343.00 $642.52 $7,985.52 Annual Payment 2 102610 AXON COMMUNITY LINK 7 $963.80 $0.00 $963.80 Annual Payment 2 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 7 $856.80 $0.00 $856.80 Annual Payment 2 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 7 $856.80 $0.00 $856.80 Annual Payment 2 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 7 $2,570.39 $0.00 $2,570.39 Annual Payment 2 80464 AXON BODY - TAP WARRANTY - CAMERA 7 $665.21 $0.00 $665.21 Annual Payment 2 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 1 $143.26 $0.00 $143.26 Annual Payment 2 BasicLicense Basic License Bundle 7 $1,285.20 $0.00 $1,285.20 Annual Payment 4 102610 AXON COMMUNITY LINK 7 $927.43 $0.00 $927.43 Annual Payment 4 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 7 $892.08 $0.00 $892.08 Annual Payment 4 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 7 $892.08 $0.00 $892.08 Annual Payment 4 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 7 $2,677.09 $0.00 $2,677.09 Annual Payment 4 BasicLicense Basic License Bundle 7 $1,337.28 $0.00 $1,337.28 Annual Payment 4 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 1 $514.67 $43.79 $558.46 Annual Payment 4 BWCamTAP Body Worn Camera TAP Bundle 7 $2,247.00 $189.64 $2,436.64 Annual Payment 5 102610 AXON COMMUNITY LINK 300 $39,462.79 $0.00 $39,462.79 Annual Payment 5 73449 AXON BODY - LEGACY LICENSE - CONNECTED CAMERA 300 $5,202.12 $0.00 $5,202.12 Annual Payment 5 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 100 $0.00 $0.00 $0.00 Annual Payment 5 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 200 $26,350.63 $0.00 $26,350.63 Annual Payment 5 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 300 $39,525.94 $0.00 $39,525.94 Annual Payment 5 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 300 $118,577.82 $0.00 $118,577.82 Annual Payment 5 80227 AXON FUSUS - LICENSE - VIEW ONLY USER 35 $0.00 $0.00 $0.00 Annual Payment 5 B00076 OUTPOST TAP PLAN 28 $67,784.02 $2,183.91 $69,967.93 Annual Payment 5 BasicLicense Basic License Bundle 100 $19,732.61 $0.00 $19,732.61 Annual Payment 5 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 38 $28,849.20 $1,796.34 $30,645.54 Annual Payment 5 BWCamTAP Body Worn Camera TAP Bundle 300 $142,074.82 $8,787.64 $150,862.46 Annual Payment 5 ProLicense Pro License Bundle 235 $139,114.89 $0.00 $139,114.89 Fleet - Annual Payment 5 100695 AXON FLEET 3 - EXT WARRANTY - HIGH CAPACITY 2 CAMERA KIT 1 $140.83 $0.00 $140.83 Fleet - Annual Payment 5 100698 AXON FLEET 3 - 2 CAMERA KIT - HIGH CAPACITY 1 $698.97 $61.18 $760.15 Fleet - Annual Payment 5 101282 AXON FLEET 3 - DEPLOYMENT - PER OVERSIZED VEHICLE 1 $600.00 $0.00 $600.00 Fleet - Annual Payment 5 Fleet3B Fleet 3 Basic 1 $1,009.94 $12.21 $1,022.15 Fleet - Annual Payment 5 InteriorCam FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 3 $897.13 $23.62 $920.75 Phase 2 - Annual Payment 3 102610 AXON COMMUNITY LINK 7 $945.37 $0.00 $945.37 Phase 2 - Annual Payment 3 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 7 $874.44 $0.00 $874.44 Phase 2 - Annual Payment 3 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 7 $874.44 $0.00 $874.44 Phase 2 - Annual Payment 3 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 7 $2,622.48 $0.00 $2,622.48 Phase 2 - Annual Payment 3 BasicLicense Basic License Bundle 7 $1,311.24 $0.00 $1,311.24 Phase 2 - Annual Payment 3 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 1 $624.48 $48.11 $672.59 Phase 2 - Annual Payment 3 BWCamTAP Body Worn Camera TAP Bundle 7 $2,727.48 $208.78 $2,936.26 Total $672,379.49 $14,141.15 $686,520.64
Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.
Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.
ACEIP:
The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.
Acceptance of Terms:
Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.
Exceptions to Standard Terms and Conditions
Agency has existing contract(s) originated via Quote(s):
Q-384166, Q-556567, Q-561590, Q-644192, Q-701040, Q-733561, Q-737438, Agency is terminating those contracts effective 7/1/2026. Any changes in this date will result in modification of the program value which may result in additional fees or credits due to or from Axon.
The parties agree that Axon is applying a Transfer Balance of $36,936.81.
All TAP obligations from this contract will be considered fulfilled upon execution of this quote.
If this contract is executed, the following invoices do not need to be paid:
Outstanding Invoice - INUS374183 - 9/1/2025 - $5,171.63 Outstanding Invoice - INUS373457 - 9/1/2025 - $12,732.40 Rewrite Estimates
Estimated Amounts and Contract Terminations. Any amounts stated as due under existing or terminated contracts — including contract transfer balances carried forward to new or pending contracts — are estimates based on payments received as of the calculation date. These estimates may be adjusted if new contracts are not executed on the anticipated dates or if expected payments are not made.
Refresh Shipment Timing
Technology Assurance Plan (TAP) Refresh Prior to Renewal. For Customers with expiring agreements that include TAP refresh rights, Axon may, in its discretion, ship refresh hardware under the existing contract while renewal or replacement agreements are in progress. Any such shipments will be deemed made under the terms of the existing contract until the new contract is fully executed, after which any applicable updates, fees, or adjustments will apply.
Shipment Timing
Shipment Variance. Estimated shipment dates are provided for planning purposes only and are not guarantees. Axon may ship hardware before or after the estimated shipment date, and failure to meet an estimated shipment date will not, by itself, constitute a breach, provided Axon uses commercially reasonable efforts to meet estimated shipment dates.
\s1\ \d1\
Signature Date Signed
3/5/2026
Outpost SOW
1 Version 1.1 June 2025
1. Purpose. This Statement of Work (“SOW”) outlines the scope, responsibilities, and installation details for Axon as part of the Customer’s purchase of Axon Outpost. This SOW operates under the terms of the Agreement. All capitalized terms in this SOW shall have the same meaning as the Agreement.
2. Scope of Work. Axon and Axon authorized subcontractors will install and maintain Axon Outpost on selected Customer owned properties.
3. Installation Sites. Customer grants Axon the right to install and maintain Axon Outpost at sites approved by Axon.
3.1. If sites have not been selected or assessed at the time of contract signature, Axon reserves the right to invoice the Customer for additional install complexities not accounted for in the initial quote.
4. Installation, Validation, and Support.
4.1. Site Selection and Assessment. Axon will support site selection and assessment. Assessments may be conducted virtually or in-person and may include confirmation of visibility/coverage, cellular signal strength, solar feasibility, and access to AC power sources.
4.1.1.For all existing infrastructure installation sites, the Customer is responsible for the condition of existing infrastructure.
4.1.2.If during a site walk it has been deemed that an installation is more complex than initially quoted, Axon will notify the Customer in writing of scope and cost changes. No additional work will be initiated without Customer approval.
4.1.3.If Axon deems a selected location site is not suitable for installation, a new site must be selected and assessed.
4.2. Permitting. Axon will assist with obtaining the necessary local, state, or Federal approvals before installing Outpost. All permitting fees are the responsibility of the customer, unless otherwise stated. All permit licenses will be in the name of the customer.
4.3. Installation. Axon will install all Axon Outpost hardware and agreed-upon pole (where applicable).
4.3.1.Solar Sites. For sites with solar power, Axon will: (a) install the Outpost camera, battery, and solar panel; (b) ensure the camera is connected to power and internet; (c) ensure the camera is set at the optimal capture angle; (d) ensure the panel is installed for optimal sun exposure.
4.3.2.AC Sites. For sites with AC power, Axon will: (a) install the Outpost camera and AC adapter; (b) ensure the camera is set at the optimal capture angle. Axon will not conduct any electrical work to connect the AC adapter to power. The customer may work with a licensed electrician to connect the camera to power. Or, If requested, the customer may request for Axon to coordinate with a licensed electrician for an additional cost.
4.3.3.Existing Infrastructure Installations. Axon will install Outpost on existing infrastructure (e.g. utility pole, DOT pole, trailer) that is owned by the customer or where attachment agreements are already in place. If selected infrastructure has existing camera(s), Axon will remove the hardware before installing Outpost. Axon will not dispose of equipment, repair any surfaces or structures, or remove underground cables or conduit.
4.3.4.Standard Installations. Axon will install a direct burial pole with Outpost. Axon will call 811 prior to installation. Standard installation sites may not be in locations that require a breakaway or MASH rated pole.
4.3.5.Advanced Installations. Axon will install a breakaway or MASH rated pole with Outpost or install Outpost on existing infrastructure not owned by the Customer. Axon will call 811 prior to installation.
Outpost SOW
2 Version 1.1 June 2025
4.3.6.Complex Location Sites. Complex location sites require a custom SOW and include, but are not limited to, toll booths, bridges and overpasses, federal or military land, areas with restricted access or high security, flood zones, railway crossing, mountainous or hilly terrain.
4.3.7.Exclusions. Installation services do not include the following, unless specifically scoped in a custom SOW: electrical work, concrete drilling, bucket truck or non-standard equipment rental, trenching, tree trimming, custom engineered drawings or traffic plans, traffic control beyond basic MUTCD traffic control, environmental impact studies.
5. Power Requirements.
5.1. AC-Powered Sites. Axon will provide all necessary equipment compatible with standard AC power configurations. The Customer is responsible for contracting a licensed electrician to ensure installation meets NEC (National Electrical Code) standards. Power must be continuous and non-switched to support uninterrupted system operation. All electrical work must comply with local codes and safety regulations.
5.2. Solar-Powered Sites. Installation sites must offer unobstructed southern exposure to maximize solar efficiency. Axon will assess solar viability during site assessment, including shading, positioning, and mounting considerations. The Customer will ensure the selected sites maintain direct, unobstructed visibility to the sky to ensure consistent solar energy capture. The Customer agrees to help maintain environmental conditions that support reliable solar performance (e.g., minimizing nearby shade, vegetation growth).
6. Traffic Control. Axon will provide basic MUTCD traffic control and provide necessary traffic signs, cones, and temporary barriers.
7. Dependencies and Potential Delays. Installation is subject to but not limited by the following factors, which may affect scheduling and completion: delays due to local permitting requirements or jurisdictional approvals; availability and completion of necessary electrical work at the installation site (for AC-powered setups); coordination with the Customer and subcontractors, including restricted hours or special access requirements; weather-related delays that may impact site safety or installation feasibility; or any site-specific safety protocols or regulatory requirements that must be satisfied prior to deployment.
8. Training and Onboarding. Axon’s team will provide hands-on training for relevant personnel, user credentials and access to supporting applications, and operational guidance tailored to the current system configuration.
9. General Responsibilities.
9.1. Axon will: (a) install, configure, and maintain all hardware at designated location site; (b) validate system power, connectivity, and functionality of Outpost; (c) integrate Outpost with Fusus, including NCIC and state hotlists; and (d) will provide training, documentation, and technical support to Customer personnel
9.2. The Customer will: (a) fund and maintain all legally required permits, authorizations, and/or licensing to place, maintain, and/or remove the Outpost at the installation sites; (b) ensure access to installation sites, support device placement communication, and coordinate internally (e.g., facilities, IT, legal, public safety) to facilitate deployment; (c) support scheduling for permitting and local compliance requirements; (d) designate a primary and backup point of contact; and (e) support site selection, utility clearance, and installation approvals.
EXHIBIT B
EXHIBIT B
1. Definitions.
1.1. "Axon Cloud Services" means Axon’s web services, including, but not limited to, Axon Evidence, Axon Records, Axon Dispatch, FUSUS services, and interactions between Axon Evidence and Axon Devices or Axon client software. Axon Cloud Service excludes third- party applications, hardware warranties, and my.evidence.com.
1.2. "Axon Device " means all hardware provided by Axon under this Agreement. Axon- manufactured Devices are a subset of Axon Devices.
1.3. "Quote" means an offer to sell and is only valid for devices and services on the offer at the specified prices. Any inconsistent or supplemental terms within Customer’s purchase order in response to a Quote will be void. Orders are subject to prior credit approv al. Changes in the deployment estimated ship date may change charges in the Quote. Shipping dates are estimates only. Axon is not responsible for typographical errors in any Quote by Axon, and Axon reserves the right to cancel any orders resulting from such errors.
1.4. "Services" means all services provided by Axon under this Agreement, including software, Axon Cloud Services, and professional services.
2. Taxes. Customer is responsible for sales and other taxes associated with the order unless Customer provides Axon a valid tax exemption certificate.
3. Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments are EXW (Incoterms 2020) via common carrier. Title and risk of loss pass to Customer upon Axon’s delivery to the common carrier. Customer is responsible for any shipping charges in the Quote.
4. Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law.
5. Warranty.
5.1. Limited Warranty. Axon warrants that Axon- manufactured Devices, except for TASER devices covered under the TASER Appendix, are free from defects in workmanship and materials for one (1) year from the date of Customer’s receipt, except Signal Sidearm which Axon warrants for thirty (30) months from Customer’s receipt and Axon-manufactured accessories, which Axon warrants for ninety (90) days from Customer’s receipt, respectively, from the date of Customer’s receipt. Extended warranties run from the expiration of the one- (1-) year hardware warranty through the extended warranty term purchased.
5.2. Disclaimer. Except as otherwise provided in the Agreement, all software and Axon Cloud Services are provided "AS IS," without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non- infringement. Axon Devices and Services that are not manufactured, published or performed by Axon ("Third-Party Products") are not covered by Axon’s warranty and are only subject to the warranties of the third-party provider or manufacturer. If Customer purchases Axon Loki, Customer acknowledges the Loki device is designed for operation in enclosed, controlled environments and must be used in compliance with all applicable laws and safety guidelines. Operation in open or unapproved areas may result in signal interference, loss of control, or damage, and Axon assumes no liability for improper use, including any resulting harm or regulatory violations.
5.3. Claims. If Axon receives a valid warranty claim for an Axon-manufactured Device during the warranty term, Axon’s sole responsibility is to repair or replace the Axon- manufactured Device with the same or like Axon -manufactured Device, at Axon’s option. A replacement Axon- manufactured Device will be new or like new. Axon will warrant the replacement Axon-manufactured Device for the longer of (a) the remaining warranty of the original Axon-manufactured Device or (b) ninety (90) days from the date of repair or replacement.
5.3.1. If Customer exchanges an Axon Device or part, the replacement item becomes Customer’s property, and the replaced item becomes Axon’s property. Before delivering an Axon- manufactured Device for service, Customer must upload Axon- manufactured Device data to
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Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the Axon- manufactured Device sent to Axon for service.
5.4. Spare Axon Devices. At Axon's reasonable discretion, Axon may provide Customer a predetermined number of spare Axon Devices as detailed in the Quote ("Spare Axon Devices"). Spare Axon Devices are intended to replace broken or non -functioning units while Customer submits the broken or non - functioning units, through Axon’s warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Customer in accordance with shipping terms of this Agreement. Axon assumes no liability or obligation in the event Customer does not utilize Spare Axon Devices for the intended purpose.
5.5. Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) A xon Devices repaired or modified by persons other than Axon without Axon’s written permission; or (f) Axon Devices with a defaced or removed serial number. Axon’s warranty will be void if Customer resells Axon Devices.
5.6. Online Support Platforms. Use of Axon's online support platforms (e.g., Axon Academy and MyAxon) is governed by the Axon Online Support Platforms Terms of Use Appendix available at www.axon.com/sales-terms-and-conditions.
5.7. Third-Party Hardware, Software and Services. Use of hardware, software, or services other than those provided by Axon is governed by the terms, if any, entered into between Customer and the respective third-party provider, including, without limitation, the terms applicable to such software or services located at www.axon.com/sales-terms-and-conditions, if any.
5.8. Axon Aid. Upon mutual agreement between Axon and Customer, Axon may provide certain products and services to Customer, as a charitable donation under the Axon Aid program. In such event, Customer expressly waives and releases any and all claims, now known or hereaf ter known, against Axon and its officers, directors, employees, agents, contractors, affiliates, successors, and assigns (collectively, "Releasees"), including but not limited to, on account of injury, death, property damage, or loss of data, aris ing out of or attributable to the Axon Aid program whether arising out of the negligence of any Releasees or otherwise. Customer agrees not to make or bring any such claim against any Release, and forever release and discharge all Releasees from liability under such claims.
Customer expressly allows Axon to publicly announce its participation in Axon Aid and use its name in marketing materials. Axon may terminate the Axon Aid program without cause immediately upon notice to the Customer.
6. Free Trial.
6.1. Trial Period and License. At any time during the Term, Customer and Axon may elect to enter a free trial of Axon Devices and Services new to the Customer for a designated period (“ Trial Period”) as described in a quote issued (“ Trial Quote”). During the Trial Period, Axon grants Customer a nonexclusive, terminable, non-transferable, license to use new Axon Devices and Services provided for trial to the Customer (“ Trial Products”). Trial Products may include Axon beta software or firmware which additional terms may be required and included within the Trial Quote. Axon may limit the number of Trial Products Customer receives within the Trial Quote. Axon may supply refurbished Trial Products.
ALL FREE TRIAL PRODUCTS INCLUDING, WITHOUT LIMITATION, AXON CLOUD SERVICES, ARE PROVIDED “AS IS” AND TO THE EXTENT NOT PROHIBITED BY LAW, AXON DISCLAIMS ALL LIABILITY REGARDLESS OF THE CLAIM.
6.2. Trial Quote Termination. Upon at least 10 business days’ prior written notice to Axon at any time prior to the end of the Trial Period, Customer may as its sole option, terminate the free Trial Period and underlying Trial Quote associated with the Trial Products for convenience. Customer’s rights to the Trial Products will immediately terminate at the end of the Trial Period, and Customer will return any Trial Products hardware to Axon within 10 days after the effective date of such termination or at the end of the Trial Period, excluding used CEW cartridges. If any individual component of the Trial Products is not returned, Axon will invoice Customer the MSRP of the unreturned items. Customer agrees to pay the invoice along with any applicable taxes and shipping. Customer will return the Trial Products to Axon in good working condition, minus normal wear and tear. Axon may charge Customer if there is damage beyond normal wear and tear. Any Customer Content shall be stored and returned pursuant to the Axon Cloud Services Terms of Use Appendix
EXHIBIT B
7. Statement of Work. Certain Axon Devices and Services, including, but not limited to, Axon Interview Room, Axon Channel Services, Axon Justice Implementation, FUSUS, and Axon Fleet, may require a Statement of Work that details Axon’s Service deliverables (" SOW"). In the event Axon provides an SOW to Customer, Axon is only responsible for the performance of Services described in the SOW. Additional services outside of the SOW, Quote, or this Agreement are out of scope. The Parties must document scope changes in a written and s igned change order. Changes may require an equitable adjustment in fees or schedule. Any applicable SOW is incorporated into this Agreement by reference.
8. Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings.
9. Design Changes. Axon may make design or feature changes to any Axon Device or Service without notifying Customer or making the same change to Axon Devices and Services previously purchased by Customer.
10. Combined Offerings . Some offerings in a Quote combine existing and pre- released Axon Devices or Services. Some offerings may not be available at the time of Customer’s purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to delay of availability or Customer’s choice not to utilize any portion of a combined offering.
11. IP Rights. Axon owns and reserves all right, title, and interest in Axon- manufactured Devices and Services and suggestions to Axon, including all related intellectual property rights. Customer will not cause any Axon proprietary rights to be violated.
12. Customer Responsibilities. Customer is responsible for (a) Customer’s use of Axon Devices; (b) Customer or a Customer-authorized user’s breach of this Agreement or violation of applicable law; (c) disputes between Customer and a third- party over Customer’s use of Axon Devices; (d) secure and sustainable destruction and disposal of Axon Devices at Customer’s cost; and (e) any regulatory violations or fines, as a result of improper destruction or disposal of Axon Devices.
13. Termination.
13.1. For Breach. A Party may terminate this Agreement for cause if it provides thirty (30) days written notice of the breach to the other Party, and the breach remains uncured thirty (30) days after written notice. If Customer terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination.
13.2. By Customer. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Customer may terminate this Agreement. Customer will deliver notice of termination under this section as soon as reasonably practicable.
13.3. Effect of Termination. Upon termination of this Agreement, Customer rights immediately terminate.
Customer remains responsible for all fees incurred before the effective date of termination. If Customer purchases Axon Devices for less than the manufacturer’s suggested retail price (" MSRP") and this Agreement terminates before the end of the Term, Axon will invoice Customer the difference between the MSRP for Axon Devices procured, including any Spare Axon Devices, and amounts paid towards those Axon Devices. Only if terminating for non-appropriation, Customer may return Axon Devices to Axon within thirty (30) days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale. For multiple Axon Devices that may be combined as a single offering on a Quote, MSRP is the standalone price of all individual components.
14. Confidentiality. "Confidential Information " means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party’s Confidential Information. Unless required by law, neither Party will disclose the other Party’s Confidential Information during the Term and for five (5) years thereafter. To the extent permissible by law, Axon pricing is Confidential Information and competition sensitive. If Customer receives a public records request to disclose Axon Confidential Information, to the extent allowed by law, Customer will provide notice to Axon before disclosure. Axon may publicly announce information related to this Agreement.
15. General.
15.1. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.
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15.2. Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law.
15.3. Compliance with Laws . Each Party will comply with all applicable federal, state, and local laws, including without limitation, import and export control laws and regulations as well as firearm regulations and the Gun Control Act of 1968. Customer acknowledges that Axon Devices and Services are subject to U.S. and international export control laws, including the U.S. Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR). Customer represents and warrants that neither it nor any End User is a "Restricted Person," meaning any individual or entity that (1) is subject to U.S. sanctions or trade restrictions, (2) appears on any U.S. government restricted party list, (3) engages in prohibited weapons proliferation activities, or (4) is owned or controlled by, or acting on behalf of, such persons or entities. Customer must promptly notify Axon of any change in status, and Axon may terminate this Agreement if Customer or any End User becomes a Restricted Person or violates export laws.
15.4. Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, Customer Responsibilities and any other Sections detailed in the survival sections of the Appendices.
EXHIBIT C
EXHIBIT C
Axon Cloud Services Terms of Use Appendix
1. Definitions.
1.1. “Data Controller” means the natural or legal person, public authority, or any other body which alone or jointly with others determines the purposes and means of the processing of Personal Data.
1.2. “Data Processor” means a natural or legal person, public authority or any other body which processes Personal Data on behalf of the Data Controller.
1.3. "Customer Content" is data uploaded into, ingested by, or created in Axon Cloud Services within Customer’s tenant, including media or multimedia uploaded into Axon Cloud Services by Customer.
Customer Content includes Evidence but excludes Non-Content Data.
1.4. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by Customer. Evidence is a subset of Customer Content.
1.5. “End User” means the natural person subject to Customer’s authorized license grant who ultimately uses the Cloud Services as provided under this Agreement. End Users must adhere to the terms of use and are subject to any usage restrictions or limitations specified in this Agreement.
1.6. "Non-Content Data " is data, configuration, and usage information about Customer’s Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non- Content Data includes data about users captured during ac count management and customer support activities. Non-Content Data does not include Customer Content.
1.7. "Personal Data" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, loc ation data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.8. "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.
1.9. “Subprocessor” means any third party engaged by the Data Processor to assist in data processing activities that the Data Processor is carrying out on behalf of the Data Controller.
1.10. "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.
2. Access. Upon Axon granting Customer a subscription to Axon Cloud Services, Customer may access and use Axon Cloud Services to store and manage Customer Content. Customer may not exceed the total number of End Users specified in the Quote. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence access granted solely for TASER, Customer may access and use Axon Evidence only to store and manage TASER CEW data ("TASER Data") and Customer may not upload non- TASER Data to Axon Evidence.
3. Customer Owns Customer Content. Customer controls and owns all rights, title, and interest in Customer Content. Except as outlined herein, Axon obtains no interest in Customer Content, and Customer Content is not Axon’s business records. Customer is solely responsible for uploading, sharing, managing, and deleting Customer Content. Axon will only have access to Customer Content for the limited purposes set forth herein.
Customer agrees to allow Axon access to Customer Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products.
4. Security. Axon will implement commercially reasonable and appropriate measures to secure Customer Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and C ustomer Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal
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Bureau of Investigation Criminal Justice Information Services Security Addendum for its digital evidence or records management systems.
5. Customer Responsibilities. Customer is responsible for (a) ensuring Customer owns Customer Content or has the necessary rights to use Customer Content (b) ensuring no Customer Content or Customer End User’s use of Customer Content or Axon Cloud Services violates this Agreement or applicable laws; (c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud Services and (d) verify the accuracy of any auto generated or AI -generated reports. If Customer becomes aware of any violation of this Agreement by an End User, Customer will immediately terminate that End User’s access to Axon Cloud Services.
5.1 Customer will also maintain the security of End User usernames and passwords and security and access by end users to Customer Content. Customer is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Customer regulation and standards. Customer may not sell, transfer, or sublicense access to any other entity or person. If Customer provides access to unauthorized third-parties, Axon may assess additional fees along with suspending Customer’s access. Customer shall contact Axon immediately if an unauthorized party may be using Customer’s account or Customer Content, or if account information is lost or stolen.
5.2 To the extent Customer uses the Axon Cloud Services to interact with YouTube®, such use may be governed by the YouTube Terms of Service, available at
https://www.youtube.com/static?template=terms.
6. Privacy. Customer’s use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current version of which is available at https://www.axon.com/legal/cloud- services-privacy-policy. Customer agrees to allow Axon access to Non- Content Data from Customer to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products.
7. Axon Body Wi-Fi Positioning. Axon Body cameras may offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance, within buildings or underground. Customer administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Customer chooses to use this service, Axon must also enable the usage of the feature for Customer’s Axon Cloud Services tenant. Customer will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Customer’s Axon Cloud Services tenant.
8. Storage. For Axon Unlimited Device Storage subscriptions, Customer may store unlimited data in Customer's Axon Evidence account only if the Axon Device data is shared to Customer through Axon Evidence from a partner agency using Axon Evidence, or the data originates from Axon Capture or an Axon Device. Axon may charge Customer additional fees for exceeding purchased storage amounts. Axon may place Customer Content that Customer has not viewed or accessed for six (6) months into archival storage.
Customer Content in archival storage will not have immediate availability and may take up to twenty -four (24) hours to access.
8.1. Third-Party Unlimited Storage. For Third-Party Unlimited Storage the following restrictions apply: (i) it may only be used in conjunction with a valid Axon Evidence user license; (ii) is limited to data of the law enforcement Customer that purchased the Third-Party Unlimited Storage and the Axon Evidence End User; (iii) Customer is prohibited from storing data for other customers or law enforcement agencies; and (iv) Customer may only upload and store data that is directly related to (1) the investigation of, or the prosecution or defense of a crime, (2) common law enforcement activities, or (3) any Customer Content created by Axon Devices or Axon Evidence.
8.2. Location of Storage. Axon may transfer Customer Content to third-party subcontractors for storage.
Axon will determine the locations of data centers for storage of Customer Content If Customer is located in the United States, Canada, or Australia, Axon will ensure all Customer Content stored in Axon Cloud Services remains in the country where Customer is located Ownership of Customer Content remains with Customer.
9. Suspension. Axon may temporarily suspend Customer’s or any End User’s right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Customer or End User’s use of or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third- party; (b) adversely impact Axon Cloud Services, the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent. Customer remains responsible for all fees incurred
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through suspension. Axon will not delete Customer Content because of suspension, except as specified in this Agreement.
10. Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Customer uploads data to Axon Cloud Services Service Offerings will be subject to the Axon Cloud Services Service Level Agreement, a current version of which is availabl e at https://www.axon.com/products/axon-evidence/sla.
11. Roles of the Parties. To the extent that Customer is the Data Controller of Personal Data, Axon is its Data Processor. To the extent that Customer is a Data Processor of Personal Data, Axon is its Subprocessor. Notwithstanding the foregoing, to the extent any usage data (including query logs and metadata) and/or operations data (including billing and support data) in connection with Customer’s use of the Services (collectively “Usage and Operations Data”) is considered Personal Data, Axon is an independent Data Controller and shall Process such data in accordance with the Agreement and applicable data protection laws to develop, improve, support, and operate its products and services. For the avoidance of doubt, Axon will not disclose any Usage and Operations Data that includes confidential information with a third party except (a) in accordance with the relevant confidentiality provisions in the Agreement, or (b) to the extent the Usage and Operations Data is, in accordance with applicable data protection laws, anonymized, de- identified, and/or aggregated such that it can no longer directly or indirectly identify Customer or any particular individual.
12. 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.
12.1. 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.
12.2. 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.
12.3. 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.
13. Axon Records. The following terms apply to Axon Records. Customers may purchase Axon Records either as part of an OSP 7 or OSP 10 plan or individually through a Quote.
13.1. Axon Record subscription begins on the later of the (1) start date of the Quote, or (2) the date Axon provisions Axon Records to Customer. The Axon Records Subscription Term will end upon the completion of the Axon Records Subscription as documented in the Quote, or if purchased as part of an OSP 7 or OSP 10 plan, upon completion of the OSP 7 or OSP 10 Term ("Axon Records Subscription Term").
13.2. An "Update" is a generally available release of Axon Records that Axon makes available from time to time. An "Upgrade" includes (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude new products that Axon introduces and markets as distinct products or applications. During the Customer’s Axon Records Subscription Term Axon will provide Update and Upgrade releases to the Customer on an if-and-when available basis.
13.3. New or additional Axon products and applications, as well as any Axon professional services needed to configure Axon Records, are not included as part of the Axon Records Subscription.
13.4. End Users of Axon Records may upload files to entities (incidents, reports, cases, etc.) in Axon Records with no limit to the number of files and amount of storage. Notwithstanding the foregoing, Axon may limit usage should the Customer exceed an average rate of one-hundred (100) GB per user per year of uploaded files. Axon will not bill for overages.
14. FUSUS. If Customer purchases a subscription to FUSUS, the following terms apply:
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14.1. License and Storage. The specific license number(s) and associated data storage terms for FUSUS subscription and Axon Devices shall be set forth in the applicable Quote provided by Axon.
14.2. Third party Components. Customer is responsible for use of any internet access devices and/or all third-party hardware, software, services, telecommunication services (including Internet connectivity), or other items used by Customer to access the service (“Third- Party Components”) are the sole and exclusive responsibility of Customer, and Axon has no responsibility for such Third-party Components, or Customer relationships with such third parties. Customer agrees to at all times comply with the lawful terms and conditions of agreements with such third parties. Axon does not represent or warrant that the FUSUS cloud services and the Customer Content are compatible with any specific third-party hardware or software or any other Third-Party Components. Customer is responsible for providing and maintaining an operating environment as reasonably necessary to accommodate and access the FUSUS cloud services.
14.3. Data Privacy. Axon may collect, use, transfer, disclose and otherwise process Customer Content in the context of facilitating communication of data with Customer through their use of FUSUS cloud services FUSUS app (iOS or Android interface), complying with legal requir ements, monitoring the Customer’s use of FUSUS systems, and undertaking data analytics.
15. Axon Community Request Storage. If Community Request is included as part of Customer’s Quote or combined offering, Customer may store an unlimited amount of data submitted through the public portal ("Portal Content"), within Customer’s Axon Evidence instance. The post -termination provisions outlined in the Axon Cloud Services Terms of Use Appendix also apply to Portal Content.
16. Performance Auto- Tagging Data. If Axon Performance is included in Customer’s Quote or a combined offering, Axon will store call for service data from Customer’s CAD or RMS in order to provide services and features of Axon Performance to Customer.
17. Axon Cloud Services Restrictions. Customer and Customer End Users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to:
17.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services;
17.2. reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same;
17.3. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;
17.4. use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement;
17.5. access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services;
17.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Cloud Services; or
17.7. use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; material in violation of third-party privacy rights; or malicious code.
18. After Termination. Axon will not delete Customer Content for ninety (90) days following termination. Axon Cloud Services will not be functional during these ninety (90) days other than the ability to retrieve Customer Content. Customer will not incur additional fees if Customer downloads Customer Content from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Customer Content after these ninety (90) days and will thereafter, unless legally prohibited, delete all Customer Content. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Customer Content from Axon Cloud Services.
19. Post-Termination Assistance. Axon will provide Customer with the same post -termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Customer Content, including request s for Axon’s data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system.
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20. U.S. Government Rights. If Customer is a U.S. Federal department or using Axon Cloud Services on behalf of a U.S. Federal department, Axon Cloud Services is provided as a "commercial item," "commercial computer software," "commercial computer software documentation," and "technical data", as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Customer is using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S.
Government’s needs or are inconsistent in any respect with federal law, Customer will immediately discontinue use of Axon Cloud Services.
21. Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive:
Customer Owns Customer Content, Privacy, Storage, Axon Cloud Services Warranty, Customer Responsibilities and Axon Cloud Services Restrictions.
EXHIBIT D
EXHIBIT D
Axon Application Programming Interface Appendix
This Appendix applies if Axon’s API Services or a subscription to Axon Cloud Services are included on the Quote.
1. Definitions.
1. "API Client " means the software that acts as the interface between Customer’s computer and the server, which is already developed or to be developed by Customer.
2. "API Interface" means software implemented by Customer to configure Customer’s independent API Client Software to operate in conjunction with the API Service for Customer’s authorized Use.
3. "Axon Evidence Partner API, API or Axon API " (collectively "API Service") means Axon’s API which provides a programmatic means to access data in Customer’s Axon Evidence account or integrate Customer’s Axon Evidence account with other systems.
4. "Use" means any operation on Customer’s data enabled by the supported API functionality.
2. Purpose and License.
1. Customer may use API Service and data made available through API Service, in connection with an API Client developed by Customer. Axon may monitor Customer’s use of API Service to ensure quality, improve Axon devices and services, and verify compliance with this Agreement. Customer agrees to not interfere with such monitoring or obscure from Axon Customer’s use of API Service. Customer will not use API Service for commercial use.
2. Axon grants Customer a non- exclusive, non- transferable, non- sublicensable, worldwide, revocable right and license during the Term to use API Service, solely for Customer’s Use in connection with Customer’s API Client.
3. Axon reserves the right to set limitations on Customer’s use of the API Service, such as a quota on operations, to ensure stability and availability of Axon’s API. Axon will use reasonable efforts to accommodate use beyond the designated limits.
3. Configuration. Customer will work independently to configure Customer’s API Client with API Service for Customer’s applicable Use. Customer will be required to provide certain information (such as identification or contact details) as part of the registration. Registration information provided to Axon must be accurate. Customer will inform Axon promptly of any updates. Upon Customer’s registration, Axon will provide documentation outlining API Service information.
4. Customer Responsibilities. When using API Service, Customer and its End Users may not:
1. use API Service in any way other than as expressly permitted under this Agreement;
2. use in any way that results in, or could result in, any security breach to Axon;
EXHIBIT D
3. perform an action with the intent of introducing any virus, worm, defect, Trojan horse, malware, or any item of a destructive nature to Axon Devices and Services;
4. interfere with, modify, disrupt or disable features or functionality of API Service or the servers or networks providing API Service;
5. reverse engineer, decompile, disassemble, or translate or attempt to extract the source code from API Service or any related software;
6. create an API Interface that functions substantially the same as API Service and offer it for use by third parties;
7. provide use of API Service on a service bureau, rental or managed services basis or permit other individuals or entities to create links to API Service;
8. frame or mirror API Service on any other server, or wireless or Internet - based device;
9. make available to a third- party, any token, key, password or other login credentials to API Service;
10. take any action or inaction resulting in illegal, unauthorized or improper purposes; or
11. disclose Axon’s API manual.
5. API Content . All content related to API Service, other than Customer Content or Customer’s API Client content, is considered Axon ’s API Content, including:
1. the design, structure and naming of API Service fields in all responses and requests;
2. the resources available within API Service for which Customer takes actions on, such as evidence, cases, users, or reports;
3. the structure of and relationship of API Service resources; and
4. the design of API Service, in any part or as a whole.
6. Prohibitions on API Content . Neither Customer nor its End Users will use API content returned from the API Interface to:
1. scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;
2. copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third-party;
3. misrepresent the source or ownership; or
4. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices).
7. API Updates. Axon may update or modify the API Service from time to time ("API Update"). Customer is required to implement and use the most current version of API Service and to make any applicable changes to Customer’s API Client required as a result of such API Update. API Updates may adversely affect how Customer’s API Client access or communicate with API Service or the API Interface. Each API Client must contain means for Customer to update API Client to the most current version of API Service. Axon will provide support for one (1) year following the release of an API Update for all depreciated API Service versions.
EXHIBIT D
EXHIBIT E
EXHIBIT E
Axon Virtual Reality Content Terms of Use Appendix
If Virtual Reality is included on the Quote, this Appendix applies.
1. 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").
2. 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.
3. 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:
1. modify, tamper with, repair, or otherwise create derivative works of Virtual Reality Media;
2. 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;
3. copy Virtual Reality Media in whole or part, except as expressly permitted in this Agreement;
4. use trade secret information contained in Virtual Reality Media;
5. resell, rent, loan or sublicense Virtual Reality Media;
6. access Virtual Reality Media to build a competitive device or service or copy any features, functions, or graphics of Virtual Reality Media; or
7. 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.
4. Termination. Axon may terminate Customer’s license immediately for Customer’s failure to comply with any of the terms in this Agreement.
EXHIBIT F
EXHIBIT F
Axon Investigate Appendix
If the Quote includes Axon's On Prem Video Suite known as Axon Investigate or Third Party Video Support License, the following appendix shall apply.
1. License Grant . Subject to the terms and conditions specified below and upon payment of the applicable fees set forth in the Quote, Axon grants to Customer a nonexclusive, nontransferable license to install, use, and display the Axon Investigate software ("Software") solely for its own internal use only and for no other purpose, for the duration of subscription term set forth in the Quote. This Agreement does not grant Customer any right to enhancements or updates, but if such are made available to Customer and obtained by Customer they shall become part of the Software and governed by the terms of this Agreement.
2. Third-Party Licenses . Axon licenses several third- party codecs and applications that are integrated into the Software. Users with an active support contract with Axon are granted access to these additional features. By accepting this agreement, Customer agrees to and understands that an active support contract is required for all of the following features: DNxHD output formats, decoding files via the "fast indexing" method, proprietary file metadata, telephone and email support, and all future updates to the software. If Custo mer terminates the annual support contract with Axon, the features listed above will be disabled within the Software. It is recommended that users remain on an active support contract to maintain the full functionality of the Software.
3. Restrictions on Use. Customer may not permit any other person to use the Software unless such use is in accordance with the terms of this Agreement.
Customer may not modify, translate, reverse engineer, reverse compile, decompile, disassemble or create derivative works with respect to the Software, except to the extent applicable laws specifically prohibit such restrictions.
Customer may not rent, lease, sublicense, grant a security interest in or otherwise transfer Customer’s rights to or to use the Software. Any rights not granted are reserved to Axon.
4. Term. For purchased perpetual Licenses only —excluding Licenses leased for a pre-determined period, evaluation licenses, companion licenses, as well as temporary licenses --the license shall be perpetual unless Customer fails to observe any of its terms, in which case it shall terminate immediately, and without additional prior notice. The terms of Paragraphs 1, 2, 3, 5, 6, 8 and 9 shall survive termination of this Agreement. For licenses leased for a pre-determined period, for evaluation licenses, companion licenses, as well as temporary licenses, the license is granted for a period beginning at the installation date and for the duration of the evaluation period or temporary period as agreed between Axon and Customer.
5. Title. Axon and its licensors shall have sole and exclusive ownership of all right, title, and interest in and to the Software and all changes, modifications, and enhancements thereof (including ownership of all trade secrets and copyrights pertaining thereto), regardless of the form or media in which the original or copies may exist, subject only to the rights and privileges expressly granted by Axon. This
EXHIBIT F
Agreement does not provide Customer with title or ownership of the Software, but only a right of limited use.
6. Copies. The Software is copyrighted under the laws of the United States and international treaty provisions. Customer may not copy the Software except for backup or archival purposes, and all such copies shall contain all Axon’s notices regarding proprietary rights as contained in the Software as originally provided to Customer. If Customer receives one copy electronically and another copy on media, the copy on media may be used only for archival purposes and this license does not authorize Customer to use the copy of media on an additional server.
7. Actions Required Upon Termination. Upon termination of the license associated with this Agreement, Customer agrees to destroy all copies of the Software and other text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Software that are provided by Axon to Customer ("Software Documentation") or return such copies to Axon. Regarding any copies of media containing regular backups of Customer's computer or computer system, Customer agrees not to access such media for the purpose of recovering the Software or online Software Documentation.
8. Export Controls . None of the Software, Software Documentation or underlying information may be downloaded or otherwise exported, directly or indirectly, without the prior written consent, if required, of the office of Export Administration of the United States, Department of Commerce, nor to any country to which the U.S. has embargoed goods, to any person on the U.S. Treasury Department’s list of Specially Designated Nations, or the U.S. Department of Commerce’s Table of Denials.
9. U.S. Government Restricted Rights . The Software and Software Documentation are Commercial Computer Software provided with Restricted Rights under Federal Acquisition Regulations and Customer supplements to them.
Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 255.227- 7013 et. Seq. or 252.211- 7015, or subparagraphs (a) through (d) of the Commercial Computer Software Restricted Rights at FAR 52.227 -19, as applicable, or similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Axon Enterprise, Inc., 17800 North 85th Street, Scottsdale, Arizona 85255.
EXHIBIT G
EXHIBIT G
My90 Terms of Use Appendix
Definitions.
1. "My90" means Axon’s proprietary platform and methodology to obtain and analyze feedback, and other related offerings, including, without limitation, interactions between My90 and Axon products.
2. "Recipient Contact Information" means contact information, as applicable, including phone number or email address (if available) of the individual whom Customer would like to obtain feedback.
3. "Customer Data" means
1. "My90 Customer Content" which means data, including Recipient Contact Information, provided to My90 directly by Customer or at their direction, or by permitting My90 to access or connect to an information system or similar technology. My90 Customer Content does not include My90 Non-Content Data.
2. "My90 Non- Content Data" which means data, configuration, and usage information about Customer's My90 tenant, and client software, users, and survey recipients that is Processed (as defined in Section 1.6 of this Appendix) when using My90 or responding to a My90 Survey.
My90 Non- Content Data includes data about users and survey recipients captured during account management and customer support activities. My90 Non -Content Data does not include My90 Customer Content.
3. "Survey Response" which means survey recipients' response to My90 Survey.
4. "My90 Data" means
1. "My90 Survey" which means surveys, material(s) or content(s) made available by Axon to Customer and survey recipients within My90.
2. "Aggregated Survey Response" which means Survey Response that has been de- identified and aggregated or transformed so that it is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to, a particular individual.
5. "Personal Data" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, loc ation data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
6. "Processing" means any operation or set of operations which is performed on data or on sets of data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
7. "Sensitive Personal Data" means Personal Data that reveals an individual’s health, racial or ethnic origin, sexual orientation, disability, religious or philosophical beliefs, or trade union membership.
EXHIBIT G
2. Access. Upon Axon granting Customer a subscription to My90, Customer may access and use My90 to store and manage My90 Customer Content, and applicable My90 Surveys and Aggregated Survey Responses. This Appendix is subject to the Terms and Conditions of Axon’s Master Service and Purchasing Agreement or in the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern.
3. IP address. Axon will not store survey respondents’ IP address.
4. Customer Owns My90 Customer Content . Customer controls or owns all right, title, and interest in My90 Customer Content. Except as outlined herein, Axon obtains no interest in My90 Customer Content, and My90 Customer Content is not Axon’s business records. Except as set forth in this Agreeme nt, Customer is responsible for uploading, sharing, managing, and deleting My90 Customer Content. Axon will only have access to My90 Customer Content for the limited purposes set forth herein. Customer agrees to allow Axo n access to My90 Customer Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of My90 and other Axon products.
5. Details of the Processing. The nature and purpose of the Processing under this Appendix are further specified in Schedule 1 Details of the Processing, to this Appendix.
6. Security. Axon will implement commercially reasonable and appropriate measures to secure Customer Data against accidental or unlawful loss, access, or disclosure. Axon will maintain a comprehensive information security program to protect Customer Data including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; security education; and data protection. Axon will not treat Customer Data in accordance with FBI CJIS Security Policy requirements and does not agree to the CJIS Security Addendum for this engagement or any other security or privacy related commitments that have been established between Axon and Customer, such as ISO 27001 certification or SOC 2 Reporting.
7. Privacy. Customer use of My90 is subject to the My90 Privacy Policy, a current version of which is available at
https://www.axon.com/legal/my90privacypolicy. Customer agrees to allow Axon access to My90 Non-Content Data from Customer to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products including My90 and related serv ices; and (c) enforce this Agreement or policies governing the use of My90 or other Axon products.
8. Location of Storage. Axon may transfer Customer Data to third- party subcontractors for Processing. Axon will determine the locations for Processing of Customer Data. For all Customer, Axon will Process and store Customer Data within the country in which Customer is located. Ownership of My90 Customer Content remains with Customer.
9. Required Disclosures. Axon will not disclose Customer Data that Customer shares with Axon except as compelled by a court or administrative body or required by any law or regulation. Axon will notify Customer if any disclosure request is received for Customer Data so Customer may file an objection with the court or administrative body, unless prohibited by law.
EXHIBIT G
10. Data Sharing. Axon may share data only with entities that control or are controlled by or under common control of Axon, and as described below:
1. Axon may share Customer Data with third parties it employs to perform tasks on Axon’s behalf to provide products or services to Customer.
2. Axon may share Aggregated Survey Response with third parties, such as other Axon customers, local city agencies, private companies, or members of the public that are seeking a way to collect analysis on general policing and community trends. Aggregated Sur vey Response will not be reasonably capable of being associated with or reasonably be linked directly or indirectly to a particular individual.
11. License and Intellectual Property. Customer grants Axon, its affiliates, and assignees the irrevocable, perpetual, fully paid, royalty -free, and worldwide right and license to use Customer Data for internal use including but not limited to analysis and creation of derivatives. Axon may not release Customer Data to any third party under this right that is not aggregated and de- identified. Customer acknowledges that Customer will have no intellectual property right in any media, good or service developed or i mproved by Axon. Customer acknowledges that Axon may make any lawful use of My90 Data and any derivative of Customer Data including, without limitation, the right to monetize, redistribute, make modification of, and make derivatives of the surveys, survey responses and associated data, and Customer will have no intellectual property right in any good, service, media, or other product that uses My90 Data.
12. Customer Use of Aggregated Survey Response. Axon will make available to Customer Aggregated Survey Response and rights to use for any Customer purpose.
13. Data Subject Rights. Taking into account the nature of the Processing, Axon shall assist Customer by appropriate technical and organizational measures, insofar as this is reasonable, for the fulfilment of Customer's obligation to respond to a Data Subject Request regarding a ny Personal Data contained within My90 Customer Content. If in regard to My90 Customer Content, Axon receives a Data Subject Request from Customer's data subject to exercise one or more of its rights under applicable Data Protection Law, Axon will redirect the data subject within seventy-two (72) hours, to make its request directly to Customer. Customer will be responsible for responding to any such request.
14. Assistance with Requests Related to My90 Customer Content. With regard to the processing of My90 Customer Content, Axon shall, if not prohibited by applicable law, notify Customer without delay after receipt, if Axon: (a) receives a request for information from the Supervisory Authority or any other competent authority regarding My90 Customer Content; (b) receives a complaint or request from a third party regarding the obligations of Customer or Axon under applicable Data Protection Law; or (c) receives any other communication which directly or indirectly pertains to My90 Customer Content or the Processing or protection of My90 Customer Content. Axon shall not respond to such requests, complaints, or communications, unless Customer has given Axon written ins tructions to that effect or if such is required under a statutory provision. In the latter case, prior to responding to the request, Axon shall notify Customer of the relevant statutory provision and Axon shall limit its response to what is necessary to comply with the request.
EXHIBIT G
15. Axon Evidence Partner Sharing. If Axon Evidence partner sharing is used to share My90 Customer Content, Customer will manage the data sharing partnership with Axon and access to allow only for authorized data sharing with Axon. Customer acknowledges that any applicable audit trail on the original source data will not include activities and processing performed against the instances, copies or clips that has been shared with Axon. Customer also acknowledges that the retention policy from the original source data is not applied to any data shared with Axon. Except as provided herein, data shared with Axon may be retained indefinitely by Axon.
16. Data Retention. Phone numbers provided to Axon directly by Customer or at their direction, or by permitting My90 to access or connect to an information system or similar technology will be retained for twenty-four (24) hours. Axon will not delete Aggregated Survey Response for four (4) years following termination of this Agreement. There will be no functionality of My90 during these four (4) years other than the ability to submit a request to retrieve Aggregated Survey Response. Axon has no obligation to maintain or prov ide Aggregated Survey Response after these four years and may thereafter, unless legally prohibited, delete all Aggregated Survey Response.
17. Termination. Termination of an My90 Agreement will not result in the removal or modification of previously shared My90 Customer Content or the potential monetization of Survey Response and Aggregated Survey Response.
18. Managing Data Shared. Customer is responsible for:
1. Ensuring My90 Customer Content is appropriate for use in My90. This includes, prior to sharing: (a) applying any and all required redactions, clipping, removal of metadata, logs, etc. and (b) coordination with applicable public disclosure officers and related legal teams;
2. Ensuring that only My90 Customer Content that is authorized to be shared for the purposes outlined is shared with Axon. Customer will periodically monitor or audit this shared data;
3. Using an appropriately secure data transfer mechanism to provide My90 Customer Content to Axon;
4. Immediately notifying Axon if My90 Customer Content that is not authorized for sharing has been shared. Axon may not be able to immediately retrieve or locate all instances, copies or clips of My90 Customer Content in the event Customer requests to un-share previously shared My90 Customer Content;
19. Prior to enrollment in My90. Prior to enrolling in My90, Customer will:
1. determine how to use My90 in accordance with applicable laws and regulations including but not limited to consents, use of info or other legal considerations;
2. develop a set of default qualification criteria of what My90 Customer Content may be shared with Axon; and
3. assign responsibilities for managing what My90 Customer Content is shared with Axon and educate users on what data may or not be shared with Axon.
20. Customer Responsibilities. Customer is responsible for:
1. ensuring no My90 Customer Content or Customer End User’s use of My90 Customer Content or My90 violates this Agreement or applicable laws;
EXHIBIT G
2. providing, and will continue to provide, all notices and has obtained, and will continue to obtain, all consents and rights necessary under applicable laws for Axon to process Customer Data in accordance with this Agreement; and
3. maintaining necessary computer equipment and Internet connections for use of My90. If Customer becomes aware of any violation of this Agreement by an End User, Customer will immediately terminate that End User’s access to My90. Customer will also maintain the security of End User’s usernames and passwords and security and access by End Users to My90 Customer Content. Customer is responsible for ensuring the configuration and utilization of My90 meets applicable Customer regulations and standards. Customer may not sell, transfer, or sublicense access to any other entity or person.
Customer shall contact Axon immediately if an unauthorized party may be using Customer's account or My90 Customer Content or if account information is lost or stolen.
21. Suspension. Axon may temporarily suspend Customer's or any End User’s right to access or use any portion or all of My90 immediately upon notice, if Customer or End User’s use of or registration for My90 may (a) pose a security risk to Axon products including My90, or any third -party; (b) adversely impact My90, the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third- party to liability; or (d) be fraudulent. Customer remains responsible for all fees, if applicable, inc urred through suspension. Axon will not delete My90 Customer Content or Aggregated Survey Response because of suspension, except as specified in this Agreement.
22. My90 Restrictions. Customer and Customer End Users , may not, or may not attempt to:
1. copy, modify, tamper with, repair, or create derivative works of any part of My90;
2. reverse engineer, disassemble, or decompile My90 or apply any process to derive any source code included in My90, or allow others to do the same;
3. access or use My90 with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;
4. use trade secret information contained in My90, except as expressly permitted in this Agreement;
5. access My90 to build a competitive product or service or copy any features, functions, or graphics of My90;
6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within My90; or
7. use My90 to store or transmit infringing, libelous, or other unlawful or tortious material; to store or transmit material in violation of third-party privacy rights; or to store or transmit malicious code.
Schedule 1- Details of the Processing
1. Nature and Purpose of the Processing. To help Customer obtain feedback from individuals, such as members of their community, staff, or officers. Features of My90 may include:
EXHIBIT G
1. Survey Tool where Customer may create, distribute, and analyze feedback from individuals it designates. Customer may designate members of the community, staff or officers from whom they would like to obtain feedback;
2. Creation of custom forms for surveys. Customer may select questions from a list of pre-drafted questions or create their own;
3. Distribution of survey via multiple distribution channels such as text message;
4. Ability to access and analyze Survey Response. Axon may also provide Customer Aggregated Survey Responses which contain analysis and insights from the Survey Response;
5. Direct integrations into information systems including Computer Aided Dispatch ("CAD"). This will enable Customer to share contact information easily and quickly with Axon of any individuals from whom it wishes to obtain feedback, enabling Axon to communicate directly with these individuals;
6. Data Dashboard Beta Test (" Data Dashboard") where Survey Response and Aggregated Survey Response will be displayed for Customer use.
Customer will be able to analyze, interpret, and share results of the Survey Response. My90 may provide beta versions of the Data Dashboard that are specifically designed for Customer to test before they are publicly available;
7. Survey Responses will be aggregated and de- identified and may be subsequently distributed and disclosed through various mediums to: (1) Customer; (2) other Axon Customer; (3) private companies; and (4) members of the public. The purpose of disclosure is to provide ongoing insights and comparisons on general policing and community trends. Prior to disclosing this information, Axon will ensure that the Survey Response has been de-identified and aggregated or transformed so that it is no longer reasonably capa ble of being associated with, or could reasonably be linked directly or indirectly to a particular individual; and
8. Provide services and materials to engage Customer stakeholders, market the partnership to the public, and facilitate training.
EXHIBIT H
EXHIBIT H
Dedrone Product Appendix
If the Quote includes Dedrone Hardware, Dedrone Software, and/or Airspace Security as a Service (collectively “Dedrone Products”), this appendix and the following additional terms shall apply.
1. Definitions
1. “Dedrone Data” means data that Axon maintains regarding a wide variety of drone models and manufacturers in the marketplace (“DedroneDNA”, formerly “DroneDNA”), as well as usability information that Axon collects regarding the performance of the Dedrone Software and Dedrone Hardware, aggregate or de-identified Collected Data compiled or used by Axon in accordance with Section 4.2, and any other information that Axon makes available to Customer by means of the Dedrone Software
2. “Dedrone Hardware” means the Axon drone detection hardware sensor or mitigation products set forth on a Quote and does not include any Third-Party Hardware.
3. “Sensor” means a radio frequency, video, radar or other hardware sensor for drone detection purchased by Customer from Axon or obtained from any third-party vendor.
4. “Dedrone Software” means (i) Axon’s proprietary drone-tracking software, known as DedroneTracker (formerly DroneTracker), whether deployed on- premise or hosted by Axon as a cloud-based solution, (ii) Axon’s video analytics software (currently known as Analytics Server), and/or (iii) software and/or firmware deployed or installed on the Dedrone Hardware or available for download and installation onto Customer’s Third-Party Hardware.
5. “Third-Party Hardware” means hardware products owned by Customer or purchased by Customer from third parties that are used by Customer in conjunction with the Software.
2. Customer License
1. Software License. Subject to the terms of this Agreement, Axon grants Customer a royalty-free, nonexclusive, nontransferable, worldwide right during each Quote Term to use the Dedrone Software, including the Dedrone Data and Collected Data, subject to the terms of the Agreement and this Appendix (the “License”). Customer must purchase a License to the Software for each unit of Dedrone Hardware and/or Third-Party Hardware using Dedrone Software. Accordingly, Customer may only use the Software quantity and type of Hardware and/or Third-Party Hardware units specified on the applicable Quote. If Customer purchases additional Licenses during a current Term, the Term of the new License(s) will be pro-rated to terminate at
EXHIBIT H
the end of the then-current License Term. Use of the Dedrone Software is subject to the terms of the Agreement between the parties
2. Restrictions. Customer will not: (i) use (or allow a third party to use) the Dedrone Products in order to monitor the availability, security, performance, or functionality of the Dedrone Products, or for any other benchmarking or competitive purposes; (ii) market, sublicense, resell, lease, loan, transfer, or otherwise commercially exploit the Dedrone Products; (iii) modify, create derivative works, decompile, reverse engineer, attempt to gain access to the source code, or copy the Dedrone Products or any of their components; (iv) use the Dedrone Products to conduct any fraudulent, malicious, or illegal activities; or (v) use the Dedrone Products in contravention of any applicable laws or regulations (each of (i) through (v), a (“Prohibited Use”).
3. Customer Obligations
1. Compliance. Customer will use the Dedrone Products only in accordance with applicable specifications (the “Specifications”) and in compliance with all applicable laws, including all applicable export laws and regulations of the United States or any other country. Customer acknowledges that due to the nascent nature of drone detection and mitigation technologies applicable laws and regulations may be changing or emerging over time, and agrees that it is Customer’s responsibility to keep itself aware and remain compliant with the current laws and regulations that may apply, including but not limited to those that may apply to advanced features available at Customer’s option in the Dedrone Software. Customer will ensure that none of the Dedrone Products are directly or indirectly exported, re-exported, or used to provide services in violation of such export laws and regulations. Axon reserves the right to suspend use of any Dedrone Products operating in violation of such laws, following written notice to Customer. If Customer uses a radio jammer, or any other controlled device, in connection with the Dedrone Software, Customer represents to Axon that it is authorized to do so by the relevant authorities, that it will do so only in accordance with such authorization, and it will provide supporting documentation regarding such authorization upon request.
Customer may be required to obtain legal authorization before any purchase or use of hardware sold by third parties. Axon shall not be liable if any government export authorization is delayed, denied, revoked, restricted or not renewed, nor shall any such delay, denial, revocation, restriction or non- renewal shall not constitute a breach of the Agreement by Axon.
2. Computing Environment. Customer is responsible for the maintenance and security of its own network and computing environment that it uses to host and/or access the Dedrone Products and for ensuring that any Third- Party Hardware meets the necessary specifications for use with the Dedrone Software.
4. Data Protection
EXHIBIT H
1. Data. If Customer licenses Dedrone Software, as part of its operation, the Dedrone Software may collect and send to servers owned, operated or controlled by Axon data or other information regarding Customer’s use of the Dedrone Software, which may include (i) information generated by each Sensor deployed by Customer, including information related to the date, time, and duration of the detection of the drone, as well as the locations of the detected drones and remote controls and of the Sensor itself (collectively, “Sensor Data”), and (ii) video recording of the detected drones, including flight path ("Video Data") (Sensor Data and Video Data are collectively referred to as “Collected Data”).
2. Use of Collected Data. Axon has the right to use Collected Data for any purpose, including: (i) improving any Dedrone Product; (ii) analyzing any Dedrone Product or the performance of any Dedrone Product; or (iii) compiling or using aggregate or de-identified Collected Data with other customers, or government and law enforcement entities, with or without compensation. Customer acknowledges that Axon may learn from the performance or use of any Dedrone Product, and Axon shall have the sole right to exploit any modification, enhancement or improvement of any Dedrone Product resulting from such learning.
3. User Data. To the extent Axon uses User login information, including name, email, username, and password (collectively, “User Data”) for any purpose other than to provide services to the Customer, such User Data will be deidentified and anonymized, and will not be identified as having come from Customer, except that Axon may disclose User Data where Axon, in good faith, believes that the law or legal process (such as a court order, search warrant or subpoena) requires Axon to do so.
4. Security. Axon maintains industry standard physical, technical, and administrative safeguards (the “Security Measures”) to protect Collected Data.
5. No Access. Except for User Data, Axon does not (and will not) collect, process, store, or otherwise have access to any personal information, about End Users or users of Customer’s products or services.
5. Ownership.
1. Axon Property. Axon owns and retains all right, title, and interest in and to the Dedrone Data, Collected Data, the Dedrone Software, and all intellectual property embodied in the Dedrone Hardware, if the Dedrone Hardware is provided by Axon. Except for the limited license granted to Customer in Section 2.1, Axon does not by means of this Agreement or otherwise transfer or license any rights in the Dedrone Products to Customer, whether by implication, estoppel or otherwise. To the maximum extent permitted by applicable law Customer will take no action inconsistent with Axon intellectual property rights in the Dedrone Products or any Dedrone Data.
EXHIBIT H
2. Customer Property. Customer owns and retains all right, title, and interest in and to the User Data and does not by means of this Agreement or otherwise transfer any rights in the User Data to Axon, except for the limited rights set forth in Section 4.3.
6. Government Restricted Rights. To the extent that Customer is an agency or instrumentality of the U.S. government, the parties agree that the Dedrone Software and documentation are commercial computer software and commercial computer software documentation, respectively, and Customer’s rights therein are as specified in this License, per FAR 12.212 and DFARS 227.7202-3, as applicable, or in the case of NASA, subject to NFS 1852.22.
7. Updates. The Dedrone Software may include functionality that allows it to automatically download updates that may be made available by Axon. Customer consents to the installation of such functionality.
EXHIBIT I
Professional Services Appendix
If any of the Professional Services specified below are included on the Quote, this Appendix applies.
1. Utilization of Services. Customer must use professional services as outlined in the Quote and this Appendix within six (6) months of the Effective Date.
2. Axon Full Service (Axon Full Service) . Axon Full Service includes advance remote project planning and configuration support and up to four (4) consecutive days of on- site service and a professional services manager to work with Customer to assess Customer’s deployment and determine which on-site services are appropriate. If Customer requires more than four (4) consecutive on- site days, Customer must purchase additional days. Axon Full-Service options include:
System set up and configuration
• Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories and custom roles based on Customer need • Register cameras to Customer domain
• Troubleshoot IT issues with Axon Evidence and Axon Dock ("Dock") access • One on-site session included
Dock configuration
• Work with Customer to decide the ideal location of Docks and set configurations on Dock • Authenticate Dock with Axon Evidence using admin credentials from Customer • On-site assistance, not to include physical mounting of docks Best practice implementation planning session
• Provide considerations for the establishment of video policy and system operations best practices based on Axon’s observations with other customers
• Discuss the importance of entering metadata in the field for organization purposes and other best practices for digital data management
• Provide referrals of other customers using the Axon camera devices and Axon Evidence • Recommend rollout plan based on review of shift schedules System Admin and troubleshooting training sessions
Step-by-step explanation and assistance for Customer’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon instructor training (Train the Trainer)
Training for Customer’s in- house instructors who can support Customer’s Axon camera and Axon Evidence training needs after Axon has fulfilled its contractual on-site obligations Evidence sharing training
Tailored workflow instruction for Investigative Units on sharing cases and evidence with local prosecuting agencies
Users go-live training and support sessions
• Assistance with device set up and configuration
• Training on device use, Axon Evidence, and Evidence Sync Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide
Post go-live review
3. Body-Worn Camera Starter Service (Axon Starter) . Axon Starter includes advance remote project planning and configuration support and one (1) day of on-site Services and a professional services manager to work closely with Customer to assess Customer’s deployment and determine which Services are appropriate. If Customer requires more than one (1) day of on- site Services, Customer must purchase additional on-site Services. The Axon Starter options include:
System set up and configuration (Remote Support)
• Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories & custom roles based on Customer need • Troubleshoot IT issues with Axon Evidence and Dock access Dock configuration
• Work with Customer to decide the ideal location of Dock setup and set configurations on Dock • Authenticate Dock with Axon Evidence using "Administrator" credentials from Customer • Does not include physical mounting of docks
Axon instructor training (Train the Trainer)
Training for Customer’s in- house instructors who can support Customer’s Axon camera and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations User go-live training and support sessions
• Assistance with device set up and configuration
• Training on device use, Axon Evidence, and Evidence Sync Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide
4. Body-Worn Camera Virtual 1 -Day Service (Axon Virtual) . Axon Virtual includes all items in the BWC Starter Service Package, except one (1) day of on-site services.
5. CEW Services Packages. CEW Services Packages are detailed below:
System set up and configuration
• Configure Axon Evidence categories & custom roles based on Customer need. • Troubleshoot IT issues with Axon Evidence.
• Register users and assign roles in Axon Evidence.
• For the CEW Full-Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included Dedicated Project Manager
Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager).
Ideally, Project Manager will be assigned to Customer 4–6 weeks before rollout Best practice implementation planning session to include:
• Provide considerations for the establishment of CEW policy and system operations best practices based on Axon’s observations with other customers
• Discuss the importance of entering metadata and best practices for digital data management • Provide referrals to other customers using TASER CEWs and Axon Evidence • For the CEW Full-Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included System Admin and troubleshooting training sessions
On-site sessions providing a step- by-step explanation and assistance for Customer’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon Evidence Instructor training
• Provide training on the Axon Evidence to educate instructors who can support Customer’s subsequent Axon Evidence training needs.
• For the CEW Full-Service Package: Training for up to 3 individuals at Customer • For the CEW Starter Package: Training for up to 1 individual at Customer TASER CEW inspection and device assignment
Axon’s on-site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence.
Post go-live review
For the CEW Full-Service Package: On-site assistance included.
For the CEW Starter Package: Virtual assistance included.
6. Smart Weapon Transition Service. The Smart Weapon Transition Service includes:
Archival of CEW Firing Logs
Axon’s on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Smart Weapons that Customer is replacing with newer Smart Weapon models.
Return of Old Weapons
Axon’s on-site professional service team will ship all old weapons back to Axon’s headquarters.
Axon will provide Customer with a Certificate of Destruction *Note: CEW Full -Service packages for TASER 7 or TASER 10 include Smart Weapon Transition Service instead of 1-Day Device Specific Instructor Course.
7. VR Services Package. VR Service includes advance remote project planning and configuration support and one (1) day of on- site service and a professional services manager to work with Customer to assess Customer's deployment and determine which Services are appropriate. The VR Service training options include:
System set up and configuration (Remote Support)
• Instructor-led setup of Axon VR headset content
• Configure Customer settings based on Customer need
• Troubleshoot IT issues with Axon VR headset
Axon instructor training (Train the Trainer)
Training for up to five (5) Customer's in-house instructors who can support Customer's Axon VR CET and SIM training needs after Axon has fulfilled its contracted on-site obligations Classroom and practical training sessions
Step-by-step explanation and assistance for Customer's configuration of Axon VR CET and SIM functionality, basic operation, and best practices
8. Axon Air, On -Site Training . Axon Air, On- Site training includes advance remote project planning and configuration support and one (1) day of on -site Services and a professional services manager to work closely with Customer to assess Customer's deployment and determine which Services are appropriate. If Customer requires more than one (1) day of on- site Services, Customer must purchase additional on- site Services. The Axon Air, On-Site training options include:
System set up and configuration (Remote Support)
• Instructor-led setup of Axon Air App (ASDS)
• Configure Customer settings based on Customer need
• Configure drone controller
• Troubleshoot IT issues with Axon Evidence
Axon instructor training (Train the Trainer)
Training for Customer's in-house instructors who can support Customer's Axon Air and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations Classroom and practical training sessions
Step-by-step explanation and assistance for Customer's configuration of Axon Respond+ livestreaming functionality, basic operation, and best practices
9. Axon Air, Virtual Training . Axon Air, Virtual training includes all items in the Axon Air, On- Site Training Package, except the practical training session, with the Axon Instructor training for up to four hours virtually.
10. Signal Sidearm Installation Service.
a. Purchases of 50 SSA units or more: Axon will provide one (1) day of on- site service and one professional services manager and will provide train the trainer instruction, with direct assistance on the first of each unique holster/mounting type. Customer is responsible for providing a suitable work/training area.
b. Purchases of less than 50 SSA units: Axon will provide a 1- hour virtual instruction session on the
basics of installation and device calibration.
11. Axon Justice Implementation. Axon Justice Implementation includes advanced remote project planning, configuration support, and training. Axon Justice Implementation includes:
System set up and configuration
• Axon performs discovery to understand and document the Agency’s needs. • Axon collaborates with the Client to configure workflows, permissions, and privileges within Axon Evidence based on the Client’s needs.
• Axon will facilitate a workflow discussion with the core admin team.
Disclosures
• Axon enables the Client to share digital evidence to the defense through the following methods as determined by Client and Axon:
1. Public Defender Case Sharing
2. Disclosure Portal
3. Download Links
Training
• Agency Trainers. Axon works with the Agency to identify the Agency trainers receiving instruction on the product. Axon provides a training guide that outlines the covered topics, intended audience, facility needs, and duration of the training. Axon will schedule a cadence of remote training sessions as needed, which are not to exceed three (3) 2-hour training sessions for Agency staff. Each session can accommodate up to 20 users and will train them in full system functionality. Training sessions provided by Axon are conducted on consecutive weekdays (Tuesday-Thursday) during normal business hours (9am-6pm with an hour break in between sessions). After the initial training, is responsible for any future training. Axon provides all training materials for successful training.
• Partner Agencies: Axon will provide Train the Trainer training to the Agency so that it is equipped to train and support their partner agencies. Ensuring the partner agencies are trained to follow the ingestion method is the Agency’s responsibility.
Go-Live Plan
• Axon works in partnership with the Agency to build, coordinate, and execute a Go-Live plan to ensure successful system acceptance. Axon coordinates the Go-Live event.
Implementation document packet
• Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide
Post go-live review
12. Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote, this Appendix, and any applicable SOW. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule.
13. Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays. Axon will perform all on- site tasks over a consecutive timeframe. Axon will not charge Customer travel time by Axon personnel to Customer premises as work hours.
14. Access Computer Systems to Perform Services. Customer authorizes Axon to access relevant Customer computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Customer. Customer is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials , and information supplied by Customer.
15. Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Axon Devices ("User Documentation"). User Documentation will include all required environmental specifications
for the professional services and Axon Devices to operate per the Axon Device User Documentation. Before installation of Axon Devices (whether performed by Customer or Axon), Customer must prepare the location(s) where Axon Devices are to be installed ("Installation Site") per the environmental specifications in the Axon Device User Documentation. Following installation, Customer must maintain the Installation Site per the environmental specifications. If Axon modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will provide the update to Customer when Axon generally releases it.
16. Acceptance. When Axon completes professional services, Axon will present an acceptance form ("Acceptance Form") to Customer. Customer will sign the Acceptance Form acknowledging completion. If Customer reasonably believes Axon did not complete the professional services in substantial conformance with this Agreement, Customer must notify Axon in writing of the specific reasons for rejection within seven (7) calendar days from delivery of the Acceptance Form. Axon will address the issues and re- present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within seven (7) calendar days of delivery of the Acceptance Form, the professional services will be deemed accepted by Customer.
17. Customer Network. For work performed by Axon transiting or making use of Customer’s network, Customer is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Customer’s network from any cause.
Exhibit J
Technology Assurance Plan Appendix
If Technology Assurance Plan (" TAP") or a combined offering including TAP is on the Quote, this appendix applies.
1. TAP Warranty. The TAP specific warranty is an extended warranty that starts at the end of the one- (1-) year hardware limited warranty.
2. Officer Safety Plan . If Customer purchases an Officer Safety Plan (" OSP"), Customer will receive the deliverables detailed in the Quote. Customer must accept delivery of the TASER CEW and accessories as soon as available from Axon.
3. OSP 7 or OSP 10 Term. OSP 7 or OSP 10 begins on the date specified in the Quote ("OSP Term").
4. TAP Refresh. If Customer has no outstanding payment obligations and purchased TAP, Axon will provide Customer a new Axon Device (" Device Refresh") as scheduled in the Quote. If Customer purchased TAP, Axon will provide a Device Refresh that is the same or like Axon Device, at Axon’s option. Axon makes no guarantee the Device Refresh will utilize the same accessories or Axon Dock.
5. TAP Dock Refresh . If Customer has no outstanding payment obligations and purchased TAP, Axon will provide Customer a new Axon Dock as scheduled in the Quote (" Dock Refresh"). Accessories associated with any Dock Refreshes are subject to change at Axon discretion. Dock Refreshes will only include a new Axon Dock Bay configuration unless a new Axon Dock core is required for Axon Device compatibility. If Customer originally purchased a single- bay Axon Dock, the Dock Refresh will be a single- bay Axon Dock model that is the same or like Axon Device, at Axon’s option. If Customer originally purchased a multi -bay Axon Dock, the Dock Refresh will be a multi -bay Axon Dock that is the same or like Axon Device, at Axon’s option.
6. Refresh Delay. Axon may ship the Axon Device and Dock Refreshes as scheduled in the Quote without prior confirmation from Customer unless the Parties agree in writing otherwise at least ninety (90) days in advance. Axon may ship the final Axon Device and Dock Refreshes as scheduled in the Quote sixty (60) days before the end of the Subscription Term without prior confirmation from Customer.
7. Upgrade Change. If Customer wants to upgrade Axon Device models from the current Axon Device to an upgraded Axon Device, Customer must pay the price difference between the MSRP for the current Axon Device and the MSRP for the upgraded Axon Device. If the model Customer desires has an MSRP less than the MSRP of the offered Axon Device Refreshes or Dock Refresh, Axon will not provide a refund. The MSRP is the MSRP in effect at the time of the upgrade.
8. Return of Original Axon Device. Within thirty (30) days of receiving a BWC or Dock Refresh, Customer must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon including serial numbers for the destroyed Axon Devices. If Customer does not return or destroy the Axon Devices, Axon will deactivate the serial numbers for the Axon Devices received by Customer.
9. Termination. If TAP or OSP terminates or expires:
9.1. TAP and OSP coverage terminate as of the date of termination and no refunds will be given.
9.2. Axon will not and has no obligation to provide the Upgrade Models.
9.3 Customer must make any missed payments due to the termination before Customer may purchase any future TAP or OSP.
Exhibit K
Axon Auto-Tagging Appendix
If Auto-Tagging is included on the Quote, this Appendix applies.
1. Scope. Axon Auto-Tagging consists of the development of a module to allow Axon Evidence to interact with Customer’s Computer-Aided Dispatch ("CAD") or Records Management Systems ("RMS"). This allows End Users to auto- populate Axon video meta- data with a case ID, category, and location- based on data maintained in Customer’s CAD or RMS.
2. Support. For thirty (30) days after completing Auto-Tagging Services, Axon will provide up to five (5) hours of remote support at no additional charge. Axon will provide free support due to a change in Axon Evidence, if Customer maintains an Axon Evidence and Auto-Tagging subscription. Axon will not provide support if a change is required because Customer changes its CAD or RMS.
3. Changes. Axon is only responsible to perform the Services in this Appendix for Auto- Tagging and any applicable SOW. Any additional Services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule.
4. Customer Responsibilities. Axon’s performance of Auto-Tagging Services requires Customer to:
4.1. Make available relevant systems, including Customer’s current CAD or RMS, for assessment by Axon (including remote access if possible);
4.2. Make required modifications, upgrades or alterations to Customer’s hardware, facilities, systems and networks related to Axon’s performance of Auto-Tagging Services;
4.3. Provide access to the premises where Axon is performing Auto-Tagging Services, subject to Customer safety and security restrictions, and allow Axon to enter and exit the premises with laptops and materials needed to perform Auto-Tagging Services;
4.4. Provide all infrastructure and software information (TCP/IP addresses, node names, network configuration) necessary for Axon to provide Auto-Tagging Services;
4.5. Promptly install and implement any software updates provided by Axon;
4.6. Ensure that all appropriate data backups are performed;
4.7. Provide assistance, participation, and approvals in testing Auto-Tagging Services;
4.8. Provide Axon with remote access to Customer’s Axon Evidence account when required;
4.9. Notify Axon of any network or machine maintenance that may impact the performance of the module at Customer; and
4.10. Ensure reasonable availability of knowledgeable staff and personnel to provide timely, accurate, complete, and up-to-date documentation and information to Axon.
5. Access to Systems. Customer authorizes Axon to access Customer’s relevant computers, network systems, and CAD or RMS solely for performing Auto- Tagging Services. Axon will work diligently to identify the resources and information Axon expects to use and will provide an initial list to Customer. Customer is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consi stency of all data, materials, and information suppli ed by Customer.
Exhibit L
Axon ALPR Appendix
If Axon Outpost or Axon Lightpost (collectively all “ALPR Products”) is included on the Quote, this Appendix applies.
1. Customer Responsibilities.
1.1. Customer must ensure its infrastructure and vehicles adhere to the minimum requirements to operate Axon ALPR Products as established by Axon during the qualifier call and on- site assessment at Customer and in any technical qualifying questions. If Customer ’s representations are inaccurate, the Quote is subject to change.
1.2. Customer is responsible for providing a suitable work area for Axon or Axon third- party providers to install Axon ALPR Products into Customer vehicles and/or at designated installation location(s).s Customer is responsible for making available all vehicles for which installation services were purchased and preparing all installation sites, during the agreed upon onsite installation dates, Failure to make vehicles available or prepare installation sites may require an equitable adjustment in fees or schedule
2. Third-party Installer. Axon will not be liable for the failure of Axon Outpost, or Axon Lightpost hardware to operate per specifications if such failure results from installation not performed by, or as directed by Axon.
3. Upgrade. If Customer has no outstanding payment obligations and has purchased the Outpost Technology Assurance Plan” (Outpost TAP) or any lightpost extended warranty or refresh, Axon will provide Customer with the same or like model of applicable Axon Devices included in the applicable TAP ("Axon Upgrade") as scheduled on the Quote.
3.1. If Customer would like to change models for the Axon Upgrade, Customer must pay the difference between the MSRP for the offered Axon Upgrade and the MSRP for the model desired. The MSRP is the MSRP in effect at the time of the upgrade. Customer is responsi ble for the removal of previously installed hardware and installation of the Axon Upgrade.
3.2. Within thirty (30) days of receiving the Axon Upgrade, Customer must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon, including serial numbers of the destroyed Axon Devices. If Customer does not destroy or return the Axon Devices to Axon, Axon will deactivate the serial numbers for the Axon Devices received by Customer.
4. Axon Outpost Specific Terms.
4.1. Outpost License and Permits. Customers will obtain, maintain all legally required permits, authorizations, and/or licensing in order to place, maintain, and/or remove the Axon Outpost device at the installation location including licenses or permits for fixed installation of poles. If mutually agreed by the parties, Axon or an Axon authorized subcontractor may assist with obtaining the necessary local, state, or Federal approvals before installing Axon Outpost.
4.2. Installation. Customer will adhere to the installation requirements as agreed in the Outpost SOW.
5. Axon Lightpost Specific Terms.
5.1. Ubicquia. If Customer purchases Lightpost hardware and installation services, any warranties for the hardware are provided exclusively by the third- party manufacturer Ubicquia. All hardware- related support or warranty claims must be directed to the respective third- party provider. Axon is not responsible for servicing or replacing hardware. Axon will provide and support software components in accordance with the applicable Quote.
5.2. Installation. Installation of Axon Lightpost equipment will be performed by a third-party service provider authorized by Axon. Axon does not directly perform installation services.
6. Customer agrees to supply a power source, in compliance with Lightpost requirements, at each site where a Lightpost device is installed. The power must be available on a 24- hour, 7 days per week (24/7) basis.
Acceptance Checklist. If Axon provides Services to Customer pursuant to any statement of work in connection with Axon ALPR Products, within seven (7) days of the date on which Customer retrieves Customer's vehicle(s) from the Axon installer or Axon Outpost or Axon Lightpost installation is complete, said ALPR Products having been installed and configured with tested and fully and properly operational hardware and software identified above, Customer will receive a Professional Services Acceptance Checklist to submit to Axon indicating acceptance or denial of said deliverables. In the event Customer does not respond to the Professional Services Acceptance Checklist within seven (7) business days, the installation of the ALPR Products and services shall be deemed accepted.
7. Wireless Offload Server
7.1 License Grant. Axon grants Customer a non-exclusive, royalty-free, worldwide, perpetual license to use Wireless Offload Server ("WOS"). "Use" means storing, loading, installing, or executing WOS solely for data communication with Axon Devices for the number of licenses purchased. The WOS term begins upon the start of the Axon Evidence Subscription.
7.2 Restrictions. Customer may not: (a) modify, alter, tamper with, repair, or create derivative works of WOS; (b) reverse engineer, disassemble, or decompile WOS, apply any process to derive the source code of WOS, or allow others to do so; (c) access or use WOS to avoid incurring fees or exceeding usage limits; (d) copy WOS in whole or part; (e) use trade secret information contained in WOS; (f) resell, rent, loan or sublicense WOS; (g) access WOS to build a competitive device or service or copy any features, functions or graphics of WOS; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within WOS.
7.3 Updates. If Customer purchases WOS maintenance, Axon will make updates and error corrections to WOS ("WOS Updates") available electronically via the Internet or media as determined by Axon.
Customer is responsible for establishing and maintaining adequate Internet access to receive WOS Updates and maintaining computer equipment necessary for use of WOS. The Quote will detail the maintenance term.
7.4 WOS Support. Upon request by Axon, Customer will provide Axon with access to Customer’s store and forward servers solely for troubleshooting and maintenance.
Exhibit M
TASER Device Appendix
This TASER Device Appendix applies to Customer’s TASER 7/ 10, OSP 7/10, OSP Plus, or OSP 7/10 Plus Premium purchase from Axon, if applicable.
1. Duty Cartridge Replenishment Plan. If the Quote includes "Duty Cartridge Replenishment Plan", Customer must purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that only use a CEW for training. Customer may not resell cartridges received. Axon will only replace cartridges used in the line of duty.
2. Training. If the Quote includes a TASER On Demand Certification subscription, Customer will have on-demand access to TASER Instructor and TASER Master Instructor courses only for the duration of the TASER Subscription Term. Axon will issue a maximum of ten (10) TASE R Instructor vouchers and ten (10) TASER Master Instructor vouchers for every thousand TASER Subscriptions purchased.
Customer shall utilize vouchers to register for TASER courses at their discretion; however, Customer may incur a fee for cancell ations less than 10 business days prior to a course date or failure to appear to a registered course. The voucher has no cash value. Customer cannot exchange voucher for any other Device or Service. Any unused vouchers at the end of the Term will be forfei ted. A voucher does not include any travel or other expenses that might be incurred related to attending a course.
3. Limited Warranty.
1. “Deployment” means use of the TASER weapon resulting in the discharge of the conducted energy weapon (“CEW”) cartridge probe. For TASER 10 each probe discharged is consider one Deployment and for TASER 7 the dual probe discharged is considered one Deployment.
2. Single User Warranty. If the TASER Device is assigned and used by a single user, Axon warrants that Axon-manufactured TASER Device is free from defects in workmanship and materials for the earlier of: (i) one (1) year from the date of Customer’s receipt or (ii) 100 Deployments per year or a total of 500 Deployments over 5 years.
3. Pooled User Warranty. If the TASER Device is assigned and used by multiple users, Axon warrants that Axon-manufactured TASER Device is free from defects in workmanship and materials for the earlier of: (i) one (1) year from the date of Customer’s receipt or (ii) 100 Deployments per year or a total of 500 Deployments over 5 years.
4. Training User Devices. If the TASER Device is used for training, Axon warrants that Axon- manufactured TASER Device is free from defects in workmanship and materials for the earlier of:
(i) one (1) year from the date of Customer’s receipt or (ii) 100 Deployments per year or a total of 500 Deployments over 5 years.
5. CEW Cartridges. Used CEW cartridges are deemed to have operated properly.
6. Miscellaneous. The following sections the Warranty Section in the MSPA shall apply to the TASER Devices: Disclaimer, Claims, Spare Axon Devices and Limitations.
7. Registration. Prior to use of the TASER Device, Customer must register each TASER Device in TASER Device Axon Evidence tenancy as a single user, pooled or training device. Failure to properly register the TASER Device prior to its use may void the warranty at Axon’s sole discretion.
4. Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period begins upon the expiration of the Limited Warranty. Each additional year of the warranty purchased will be in accordance with the applicable Limited Warranty category above . The maximum warranty period for an individual TASER Device will be five (5) years including the initial Limited Warranty.
5. Trade-in. If the Quote contains a discount on CEW -related line items and that discount is contingent upon the trade- in of hardware, Customer must return used hardware and accessories associated with the discount ("Trade-In Units") to Axon within the below prescribed timeline. Customer must ship batteries via ground shipping. Axon will provide Customer with a pre- paid shipping label for the return of the Trade- In Units. If Axon does not receive Trade -In Units within the timeframe below, Axon will invoice Customer the value of the trade- in credit. Customer may not destroy Trade- In Units and receive a trade-in credit.
Customer Size Days to Return from Start Date of TASER 10 Subscription Less than 100 officers 60 days
100 to 499 officers 90 days
500+ officers 180 days
6. TASER Device Subscription Term . The TASER Device Subscription Term for a standalone TASER Device purchase begins on shipment of the TASER Device. The TASER Device Subscription Term for OSP 7/10 begins on the OSP 7/10 start date.
7. Access Rights. Upon Axon granting Customer a TASER Device Axon Evidence subscription, Customer may access and use Axon Evidence for the storage and management of data from TASER Devices during the TASER Device Subscription Term. Customer may not exceed the number of End Users the Quote specifies.
8. 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 agency transfer under the Gun Control Act of 1968.
9. Purchase Order. To comply with applicable laws and regulations, Customer must provide a purchase order to Axon prior to shipment of TASER 10.
10. Apollo Grant (US only). If Customer has received an Apollo Grant from Axon, Customer must pay all fees in the Quote prior to upgrading to any new TASER Device offered by Axon.
11. Termination. If payment for TASER Device is more than thirty (30) days past due, Axon may terminate Customer’s TASER Device plan by notifying Customer. Upon termination for any reason, then as of the date of termination:
1. TASER Device extended warranties and access to Training Content will terminate. No refunds will be given.
2. Customer will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER Device plan.
3. Axon will invoice Customer the remaining MSRP for TASER Devices received before termination. If terminating for non-appropriation, Axon will not invoice Customer if Customer returns the TASER Device, rechargeable battery, holster, dock, core, training suit s, and unused cartridges to Axon within thirty (30) days of the date of termination.