CM-2019-0067 - 3/22/2019AXON
Field Trial Agreement
This Agreement grants the right to use the Axon Enterprise, Inc. ("Axon') Trial Before Agency returns the Trial Kit, it is the Agency's responsibility to download
Kil(s) identified in this Agreement to your law enforcement agency ("Agency') any dataand keep a backup copy of the data. All data stored in the Trial Kit will
on loan and free of charge for a trial and evaluation of the Trial Kit by the be erased upon receipt of the Trial Kit by Axon. Product is to be returned to:
Agency.' The Trial Period is 30 days unless extended by Axon. Axon Enterprise, Inc., 17800 N. 85th Street, Scottsdale, Arizona USA 85255,
1. Trial Kit. The Trial Kit is set forth in Exhibit "A' attached hereto. and Attention: Trial Returns.
incorporated here in by reference.
Axon reserves the right to limit the number of Trial Kits you receive. Axon
reserves the right to supply a refurbished Trial Kit. Axon's warranty, limitations
and releases for the Trial Kits is applicable and available on Axon's website at
www.axon-com/legal.
2. Agency Obligations. Agency agrees to only use the Trial Kit for trial and
evaluation purposes and will not: (a) reproduce or modify the Trial Kit; or (b) rent,
sell, lease or otherwise transfer the Trial Kit. Agency agrees to comply with all
Axon training materials regarding the Products during the Trial Period, For Trial
Kits that contain a conducted electrical weapon ('CEW'), Agency agrees that
every employee or agent that carries, uses, or deploys the CEW duringthe Trial
Period will have: (a) obtained certification as a TASER CEW user or instructor,
and (b) completed any training specific to the CEW model by utilizing the current
TASER CEW lesson plan. Upon request of Axon, Agency also agrees to
cooperate and participate in a case study involving the Product and your use of
the Product. Agency agrees that Axon will have a non-exclusive, perpetual
license to utilize the results and any report or publication resulting from the case
study in Axon's training, markets and sales materials. If the Agency's trial
includes Axon Fleet, and the Agency is using wireless offload, then the Agency
is responsible for providing a wireless network, either a cellular SIM card or
wireless network at the Agency.
3. Return of Product Agency agrees to return the Product to Axon within 10
days after the end of the Trial Period If any individual component of the Trial Kit,
excluding expended CEW cartridges, is not returned to Axon at the end of the
Trial Period, then Axon will issue to you an invoice for the MSRP of the
unreturned items in the Trial Kit(s). Agency agrees to pay the invoice along with
any applicable taxes and shipping.
It Agency chooses to return the Trial Kit to Axon Agency agrees to return the
Trial Kit, excluding expended CEW cartridges, to Axon in good working
condition, normal wear and tear excepted. Axon reserves the right to charge you
if there is damage beyond the normal wear and tear and outside of the warranty
coverage.
4. Agency Data. With your return of the Trial Kit, Agency may request Axon
make available to Agency for download Agency data that the Agency uploaded
to Evidence.com during the Trial Period. During the 30 days following this
request, Agency may reldeve its data from Evidence.com. After this 30 -day
period, Axon will have no obligation to maintain or provide any data uploaded to
Evidence.com and will thereafter, unless legally prohibited, delete all of this data
in Axon's systems or otherwise in its possession or control,
5. Proprietary Information. Agency agrees Axon has and claims various
proprietary rights in the hardware, firmware, software, and the integration of
ancillary materials, knowledge, and designs that constitute the Trial Kit, and that
Agency will not directly or indirectlycause any proprietary rights to be violated.
Formal Matters.
A. Signature, Your signature warrants and acknowledges that you are
authorized to execute this Agreement on behalf of yourAgency.
B. Entire A reement• Modific tion• Severabitit . This Agreement, including the
attached Evidence.com Terms of Use Appendix, contains all the terms and
conditions agreed on by the parties regarding the Trial Kit. Any previous
agreements between the parties regarding a free trial of the Trial Kit are replaced
by this Agreement. This Agreement can be modified or changed only by awritfen
instrument signed by both parties. This Agreement is contractual and not a mere
recital. if any part of this Agreement is held indefinite, invalid, or otherwise
unenforceable, the rest of the Agreement will continue in full force and effect,
C. Relationship of the Parties. The parties are independent contractors and this
Agreement does not create a partnership, franchise, joint venture, agency,
fiduciary or employment relationship between the parties.
D. Assignment. You must not, by operation of law or otherwise, assign any of
your rights or delegate any of your obligations under this Agreement without the
prior express written consent AxoQ. + _
ACCEPTED and AGREED as of y of !'` 20
Name
Signa
Printe
Title:
Addre
Phone
'This Agreement does not cover trials or evaluations solely of any Axon beta software or firmware.
CradlePoint is a trademark of CradlePaiq nc.
A A AXON, Axon, Axon Body 2, Axon pods, Axon Flex 2, Aron Feet, Aron Signa! Axon Signal Sidearm, Eviderea.coln, X2 X26P, and TASER are Irademarks or Axon Enterprise, Inc. some of which are
regislered In the Us and other countries. For more information, visit www.axonxomllegal, A I rights reserved. 0 2018 Axon Enterprise, Inc
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A AXON Field Trial Agreement
Evidence.com Terms of Use
Appendix
Access Rfahts. "Agency Content" means software, data, text, audio, video, images or other Agency content or any of the Agency's end users (a) run
on the Evidence.com Service, (b) cause to interface with the Evidence.com Service, or (c) upload to the Evidence.com Service under the Agency
account or otherwise transfer, process, use or store in connection with the Agency account. Upon the granting of a subscription from Axon, the Agency
will have access and use of the Evidence,com Service for the storage and management of Agency Content during the Trial Period.
Agency Owns Agency Content. The Agency controls and owns all right, title, and interest in and to Agency Content and except as otherwise outlined
herein, Axon obtains no interest in the Agency Content, and the Agency Content are not business records of Axon, The Agency is solely responsible
for the uploading, sharing, withdrawal, management and deletion of Agency Content. Axon will have limited access to Agency Content solely for
providing and supporting Evidence.com to the Agency and Agency end users The Agency represents that the Agency owns Agency Content; and that
none of Agency Content or Agency end users' use of Agency Content or the Evidence.com Service will violate this Agreement or applicable laws.
Evidence.com Data Securitv.
3.1. Generally. Axon will implement commercially reasonable and appropriate measures designed to secure Agency Content against accidental
or unlawful loss, access or disclosure. Axon will maintain a comprehensive Information Security Program (ISP) that includes logical and
physical access management, vulnerability management, configuration management, incident monitoring and response, encryption of digital
evidence uploaded, security education, risk management, and data protection. The Agency is responsible for maintaining the security of end
user names and passwords and taking steps to maintain appropriate security and access by end users to Agency Content. Login credentials
are for Agency internal use only and Agency may not sell, transfer, or sublicense them to any other entity or person. The Agency agrees to
be responsible for all activities undertaken by the Agency, Agency employees, Agency contractors or agents, and Agency end users that
result in unauthorized access to the Agency account or Agency Content. The Agency shall contact Axon immediately if an unauthorized third
party may be using the Agency account or Agency Content or if account information is lost or stolen.
3.2. FBI CJIS Security Addendum. Axon agrees to the terms and requirements set forth in the Federal Bureau of Investigation (FBI) Criminal
Justice information Services (CJIS) Security Addendum for the Term of this Agreement.
4 Data Privacy. Axon will not disclose Agency Content or any information about the Agency except as compelled by a court or administrative body or
required by any law or regulation Axon will give notice if any disclosure request is received for Agency Content so the Agency may file an objection
with the court or administrative body. The Agency agrees to allow Axon access to certain information from the Agency in order lo: (a) perform
troubleshooting services upon request or as part of Axon's regular diagnostic screenings, (b) enforce this agreement or policies governing use of
Evidence.com Services; or (c) perform analytic and diagnostic evaluations of the systems.
5 Data Storage, Axon will determine the locations of the data centers in which Agency Content will be stored. For United States customers. Axon will
ensure that all Agency Content stored in the Evidence.com Services remains with�n the United States, including any backup data, replication sites, and
disaster recovery sites. Axon may transfer Agency Content to third parties for the purpose of storage of Agency Content. Third party subcontractors
responsible for storage of Agency Content are contracted by Axon for data storage services. Ownership of Agency Content remains with the Agency.
6 Suspension of Evidence.com Services. Axon may suspend Agency access or any end user's right to access or use any portion or all of Evidence.com
immed'ately upon notice, in accordance with the following: the Agency or an end user's use of or registration for the Evidence com Services (i) poses a
security risk to the Evidence com Services or any third party, (ii) may adversely impact the Evidence.com Services or the systems or content of any
other customer, (iii) may subject Axon, Axons affiliates, or any third party to liability, or (iv) may be fraudulent. Axon will not delete any of Agency
Content on Evidence.com as a result of a suspension, except as specified elsewhere in this Agreement.
7 License Restrictions. Neither the Agency nor any Agency end users (including, without limitation, employees, contractors, agents, officers, volunteers,
and directors), may, or may attempt to: (a) permit any third party to access the Evidence.com Services, except as permitted in this Agreement; (b)
modify, alter tamper with, repair, or otherwise create derivative works of any of the Evidence cam Services; (c) reverse engineer, disassemble, or
decomp, le the Evidence.com Services or apply any other process or procedure to derive the source code of any software included in the Evidence com
Services, or allow any others to do the same; (d) access or use the Evidence com Services with the intent to gain unauthorized access, avoid incurring
fees or exceed. ng usage limits or quotas, (e) copy the Evidence.com Services in whole or part, except as expressly permitted in this Agreement; (f) use
trade secret informatbri contained in the Evidence.com Services except as expressly permitted in this Agreement; (g) resell, rent, loan, or sublicense
the Evidence,com Services; (h) access the Evidence com Services in order to build a competitive product or service or copy any features, functions,
orgraphics of the Evidence.com Services- (i) remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark
notices) of Axon's or Axons licensors on or within the Evidence.com Services or any copies of the Evidence.com Services; or 0) use the Evidence com
Services to store or transmit infringing libelous, or othermse unlawful or tortious material, to store or transmit material in violation of third party privacy
rights, or to store or transmit malicious code All licenses granted in this Agreement are conditional on continued compliance this Agreement, and will
immediately and automatically terminate if the Agency does not comply with any term or condition of this Agreement. The Agency may only use Axon's
Irademarks in accordance with the Axon Trademark Use Guidelines (located at www. axon.comi.
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Page 2 of 2
Exhibit "A"
Trial Kit
The order for Trial Kit is as follows:
Qty. 1 71088 — Axon Fleet 2 Kit
Qty. 1 11622—Cradlepoint IBR900-600M-NPS + Syr Netcloud Essentials (Prime)
Qty. 1 11511— Router Antenna, Fleet
Qty. 1 74110 — Cable, Cat6 Ethernet 25ft, Fleet
Qty. 3 74001— Axon Camera Assembly, Online, Axon Body 2, Blk
Qty. 3 74020 — Magnet Mount, Flexible, Axon Rapidlock
Qty. 3 74021— Magnet Mount, Thick Outerwear, Axon Rapidlock
Qty. 3 11553 — Sync Cable, USB A to 2.Smm
Qty. 1 74008 — Axon Dock, 6 Bay + Core, Axon Body 2
'There is no charge to the City for use of the Trial Kit during the Trial Period. Quotes for the Trial Kit ordered above
are attached and included as Exhibit "A" and are only for the purpose of showing the cost of the Trial Kit In the
event the Trial Kit is not returned to Axon at the end of the Trial Period as specified in the Field Trial Agreement.
The City Is under no obligation to pay the amounts in said quotes or any other amount to Axon unless the City
fails to return the items as set forth in the Field Trial Agreement.
Axon Enterprise, Inc.
Prorecr Life.
17800 N 85th St.
Scottsdale, Arizona 85255
United States
Phone: (800) 978-2737
Fax:
Allen Banks
(512)218-5500
abanks@roundrocktexas.gov
Bill To:
Round Rock Police Dept. - TX
221 E. Main Street
ROUND ROCK, TX 78664
US
Ship To:
Allen Banks
Round Rock Police Dept. - TX
2701 N. MAYS ST.
ROUND ROCK, TX 78665
US
441116
AXON
Quotation
Quote: Q-197892-1
Date: 1/182019 2:58 PM
Quote Expiration: 2/28x2019
Contract Start Date*: 3! P2019
Contract Term: 30 Days from
receipt of Trial Kit
AX Account Number:
107982
I SALESPERSON I PHONE I EMAIL I DELIVERY METHOD I PAY,MENT ,NIETHOD
'Note this will vary based on the shipment date of tate product.
Year I
Due Net 30
Net
QTY
ITEM p
DESCRIPTION
UNIT
PRICE
TOTAL BEFORE
DISCOUNT
DISCOUNT (S}
NET TOTAL
3
74001
AXON CAMERA ASSEMBLY, ONLINE,
AXON BODY 2, BLK
USD 499.00
USD 1,497.00
USD 0.00
USD 1,497.00
3
74020
MAGNET MOUNT, FLEXIBLE, AXON
RAPIDLOCK
USD 29.95
USD 89.85
USP 0.00
USD 89.85
3
74021
MAGNET MOUNT, THICK OUTERWEAR,
AXON RAPIDLOCK
USD 29.95
USD 89.85
USD 0.00
USD 89.85
3
11553
SYNC CABLE, USB A TO 2.5MM
USD 10.00
USD 30.00
USD 0.00
USD 30.00
1
74008
AXON DOCK, 6 BAY + CORE, AXON
BODY 2
USD
1,495.00
USD 1,495.00
USD 0.00
USD 1,495.00
Year l Total Before Discounts:
Year I Net Amount Due:
USD 3,201.70
USD 3,201.70
Grand Total USD 3,201.70
Hardware Shipping Estimate
Typically, hardware shipment occurs between 4 6 weeks afier purchase date. Product availability for new or high demand products may impact delivery time.
Page I of 2
Axon Enterprise, Inc.'s Sales Terms and Conditions
for Direct Sales to End User Purchasers
By signing this Quote, you are entering into a contract and you certify that you have read and agree to the provisions set forth in this Quote and
Axon's Master Services and Purchasing Agreement postal at ImMJ www t e �n : c t . ; ccn l' �, You represent that you are
lawfully able to enter into contracts and if you are entering into this agreement for an entity, such as the company, municipality, or government
agency you work for, you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, do not sign this Quote.
Signature:
Name (Print):
PQ# or needed):
Date:
Title:
Quote: Q-197892-1
Please sign and email to Paul Strozier at pstrozierCaaxon.corn or fax to
THANK YOU FOR YOUR BUSINESS!
'Protect life'® and TASERO are registered trademarks of Axon Enterprise, Inc, registered in the U.S.
0 2013 Axon Enterprise. Inc All rights reserved
Page 2 of 2
Axon Enterprise, Inc.
Protect Life.
17800 N 85th St.
Scottsdale, Arizona 85255
United States
Phone: (800) 978-2737
Fax:
Scan Johnson
(512)218-6670
sjohnson@roundrocktexas.gov
Bill To:
Round Rock Police Dept. -TX
221 E. Main Street
ROUND ROCK, TX 78664
US
Ship To:
Sean Johnson
Round Rock Police Dept. - TX
2701 N. MAYS ST.
ROUND ROCK, TX 78665
US
AXON
Quotation
Quote: Q-197894-1
Date: 1/18/2019 3:01 PM
Quote Expiration: 2/28/2019
Contract Start Date*: 3/I/2019
Contract Term: 30 days from
receipt of Trial Kit
AX Account Number:
107982
SALESPERSON PHONE EMAIL DELIVERY METHOD PAYMENT METHOD
Paul Strozier pstrozierCaaxon.com Fedex - Ground Net 30
*Note this will vary based on the shipment date of the product.
Year I
Due Net 30
QTY
ITEM #
DESCRIPTION
UNIT
PRICE
TOTAL BEFORE
DISCOUNT
DISCOUNT (5)
NET TOTAL
1
71088
AXON FLEET KIT
USD
1,560.00
USD 11560.00
USD 0.00
USD 1,560.00
1
11622
CRADLEPOINT 1BR900-600M-NPS+ 5YR
NETCLOUD ESSENTIALS (PRIME
USD
1.430.00
USD 1,430.00
USD 0.00
USD 1,430.00
1
11511
ROUTER ANTENNA, FLEET
USD 270,DO
USD 270.00
j USD 0.00
USD 270.00
1
74110
CABLE, CAT6 ETHERNET 25 FT, FLEET
USD 15.00
USD 15.00
USD 0.00
USD 15.00
Year 1 Total Berore Discounts:
Year l Net Amount Due:
USD 375.00
USD 3,275.00
Grand Total I USD 3.275.00
Hardware Shipping Estimate
Typically, hardware shipment occurs between 4 6 weeks after purchase date. Product availability for new or high demand products may impact delivery time.
Page I of 2
Axon Enterprise, Inc.'s Sales Terms and Conditions
for Direct Sales to End User Purchasers
By signing this Quote, you are entering into a contract and you certify that you have read and agree to the provisions set forth in this Quote and
Axon's Master Services and Purchasing Agreement posted at hilts, www.axon-voin egal ,rales tcrnrs-and conditions. You represent that you are
lawfully able to enter into contracts and if you are entering into this agreement for an entity, such as the company, municipality, or government
agency you work for, you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, do not sign this Quote.
Signature:
Name {Print):
PO# (if needed):
Date:
'title:
Quote: Q-1978941
Please sign and email to Paul Strozier at pstrozieroaaxon.com or fax to
THANK YOU FOR YOUR BUSINESS!
`Protect Life'® and TASERO are registered trademarks of Axon Enterprise, Inc, registered in the U.S.
,02013 Axon Enterprise, Inc. All rights merved
Page 2 of 2