CM-2019-0159 - 5/24/2019Ak AxoN
Field Trial Agreement
This Agreement grants the right to use the Axon Enterprise, Inc. ('Axon') Trial and shipping. Agency will return the Trial Kit to Axon in good working condition,
Kil(s) identified in this Agreement to your law enforcement agency ('Agency') normal wear and tear excepted, Axon may charge Agency if there is damage
on loan and free of charge for a trial and evaluation of the Trial Kit by Agency.I beyond normal wear and tear.
The Trial Period is 30 days unless extended by Axon.
1. Trial Kit. The Trial Kit may nclude the following
Qty. .....
74016–Axon Body 2 T&E Kit
Oty.. _
70042 – Axon Body 2 Dock, Single Camera Bay
Qty.
70043 –Axon Body 2 Dock, 6 -Camera Bay
Qty.—
11530 –Axon Flex 2 T&E Kit
Qty.—
11541 – Axon Flex 2 Single -Bay Dock
Qty.- _
11542–Axon Flex 2 Six -Bay Dock
Qty'.
20025–TASER 7 CEW
Oty.
20026–TASER 7 Dock
Qly.
80088 – TASER 7 T&E Target
Qty.-_ __
11007–X26P CEW T&E Kit
Qty.--
22004 – X2 CEW T&E Kit
Qty. _ .
71089 –Axon Fleet 2 Kit
Oty.—
11524 –Axon Signal T&E Kit
Qty.,,
11559–T&E, PPM, Signal
Qty.,
71043 –Axon Signal Sidearm T&E Kit
Qty. , _v
Axon Evidence (Evidence.com)
Qty. _
Fleet in a Box
Qty.
Trial - Axon Redaction Assistant
Oty. _
Trial–Axon Performance
Oty.
Trial–AxonAuto-Tagging
Qty. _
Trial - Axon Citizen for Communities
Axon may limit the number of Trial Kits Agency receives. Axon may 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.comAeaal.
2. Agency Obligations. Agency agrees to only use the Trial Kit for trial and
evaluation purposes and w411 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 Trial Kit during the Trial Period. For Trial
Kits that contain a conducted energy weapon ('CEW'), Agency agrees that every
employee or agent that carries, uses, or deploys the CEW during the 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 by Axon, Agency agrees to cooperate and
participate in a case study involving the Trial Kit and Agency's use of the Trial
Kit Agency agrees that Axon will have a non-exclusive, perpetual I:cense to
utilize the results and any report or publication resulting from the case study in
Axon's training, markets and sales materials. If Agency's trial includes Axon
Fleet, and Agency is using wireless offload, then Agency is responsible for
providing either a cellular SIM card or wireless network at Agency. For use of
Axon Performance, Axon may need to access and store Agency's call for service
records.
3. Retum of Product. Agency agrees to return the Trial Kit to Axon within 10
days after the end of the Trial Period, excluding used CEW cartridges, If any
individual component of the Trial Kit is not returned to Axon at the end of the
Trial Period, Axon will invoice Agency the MSRP of the unretumed items in the
Trial Kit(s). Agency agrees to pay the invoice along with any applicable taxes
Before Agency returns the Trial Kit, it is Agency's responsibility to download any
data and keep a backup copy of the data. All data stored in the Trial Kit will be
erased upon receipt of the Trial Kit by Axon. Agency will return the Trial Kit to:
Axon Enterprise, Inc, 17800 N. 850, Street, Scottsdale, Arizona USA 85255,
Attention Trial Returns.
4. Agency Data. Within 30 days of the Trial Period ending, Agency may
request Axon make available to Agency for download Agency data that Agency
uploaded to Axon Evidence during the Trial Period. During the 30 days following
th,s request, Agency may retrieve its data from Axon Evidence. After this 30 -day
period, Axon will have no obligation to maintain or provide any data uploaded to
Axon Evidence 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. Agency
Oil not directly or indirectly cause 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 your Agency,
B. Entire Agreement. This Agreement, including the attached Axon Evidence
Terms of Use Appendix, Axon Auto -Tagging Appendix (if applicable) 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 a written instrument signed by both parties. 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. AEsignment. 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 of Axon. R ,, /
ACCEPTED and GR Das of.
Agency Name: b'
Signature:
Printed Name:
Title: _ f'a % '1f % �'t/"`''�F•�.
Address:
Phone.8'- S-10 (E-mail:
i
C40-2-011— 01�
This Agreement does not cover trials or evaluations solely of any Axon beta software or firmware.
CradlePoint is a trademark of CradlePoinl, Inc_
A A AXON, Axon, Axon Body 2, Axon Dods, Axon Evidence, Axon Flex 2 Axon Fleet Aon Signal Axon Signal Sidearm Evidenc L= X2, X26P, TASER 7. and TASER are trademarks of Axon Enterprise
Inc., some of which are registered in the US and other countries For more inlormatim visit www.axon.comAegal. All rights reserved. 0 2019 Axon Enterprise, Inc.
Title: General Field Trial Agreement for All Products (30 Days
Department: Legal
Version: 7.4
Release Date: 4/17/2019 Page 1 of 3
A AXON Field Trial Agreement
Axon Evidence (Evidence.com) Teens of Use Appendix
Definitions.
'Agency Content' is data uploaded into, ingested by, or created in Axon Evidence within a Customers tenant Agency Content includes Evidence but
excludes Non -Content Data.
'Axon Devices' means physical devices from Axon, including TASER Smart Weapons and Cartridges, Axon Docks, Axon Cameras, and Axon Signal.
'Evidence is media or multimedia uploaded into Axon Evidence as `evidence' by a Customer. Evidence is a subset of Agency Content.
'Non -Content Data' is data, configuration: and usage information about Agency's Axon Evidence tenant, Axon Products and client software, and users
that is transmitted or generated when us'ng Axon Devices. Non -Content Data includes data about users captured during account management and
customer support activities Non -Content Data does not include Agency Content.
2 Access Rights. Upon the granting of a subscription from Axon, Agency will have access and use of Axon Evidence for the storage and management
of Agency Content during the Trial Period,
3 Agency Owns Agency Content. Agency controls and owns all right, title, and interest in Agency Content Except as outlined herein, Axon obtains no
interest in Agency Content, and Agency Content are not business records of Axon. Agency is solely responsible for uploading, sharing, managing, and
deleting Agency Content. Axon will have limited access to Agency Content solely for providing and supporting Axon Evidence to Agency and Agency
end users.
4 5ecurft . Axon will implement commercially reasonable and appropriate measures to secure Agency Content against accidental or unlawful loss.
access or disclosure. Axon will maintain a comprehensive information security program 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 Bureau of Investigation Criminal Justice Information Services Security Addendum.
S Data Privacy. Axon will not disclose Agency Content or information about Agency except as compelled by a court or administrative body or required
by law or regulation. It Axon receives a disclosure request for Agency Content, Axon will give Agency notice so Agency may file an objection with the
court or administrative body. Agency agrees to allow Axon access to certain information from Agency to: (a) perform troubleshooting services upon
request or as part of regular diagnostic screening; (b) enforce this Agreement or policies governing the use of Axon Evidence; or (c) perform analytic
and diagnostic evaluations of the systems.
6 Data Storage. Axon may transfer Agency Content to third party subcontractors for storage. Axon will determine the locations of data centers for storage
of Agency Content. For United States agencies, Axon will ensure all Agency Content stored in Axon Evidence remains within the United Stales,
Ownership of Agency Content remains with Agency.
7 Suspension of Axon Evidence Services. Axon may suspend Agency access or any end user's right to access or use any portion or all of Axon
Evidence immediately upon notice, in accordance with the following: the Agency or an end user's use of or registration for the Axon Evidence Services
(i) poses a security risk to the Axon Evidence Services or any thins party, (ii) may adversely impact the Axon Evidence Services or the systems or
content of any other customer, (iii) may subject Axon, Axon's affiliates, or any third party to liability, or (iv) may be fraudulent. Axon will not delete any
of Agency Content on Axon Evidence as a result of a suspension, except as specified elsewhere in this Agreement.
8 Ltcense Restrictions, Agency and Agency and users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may
not attempt to:
8.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Evidence;
8.2. reverse engineer, disassemble, or decompile Axon Evidence or apply any process to derive any source code included in Axon Evidence, or
allow others to do the same;
8.3, access or use Axon Evidence with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;
8.4. use trade secret information contained in Axon Evidence, except as expressly permitted in this Agreement;
8.& access Axon Evidence to build a competitive product or service or copy any features, functions, or graphics of Axon Evidence;
8.6. 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 Evidence; or
8.7. use Axon Evidence 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.
Title: General FieldTrial Agreement for All Products Days
Department: Legal
Version: 7.0
Release Date; 4/17/2019 page 2 of 3
AXON Field Trial Agreement
Axon Auto -Tagging Appendix
1 5c_ OM Axon Auto -Tagging consists of development of a module to allow Axon Evidence to interact with Agency'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 Agency's CAD or RMS. Agency must purchase Axon Auto -Tagging for every Axon Evidence user in Agency, even it the user
does not have an Axon Indy camera.
2 Agency Responsibilities. Axon's performance of Auto -Tagging Services requires Agency to:
2.1. Make available relevant systems, including Agency's current CAD or RMS, for assessment by Axon (including remote access if possible);
2.2. Make required modifications, upgrades or alterations to Agency's hardware, facilities, systems and networks related to Axon's performance
of Auto -Tagging Services;
2.3. Provide access to the premises where Axon is performing Auto -Tagging Services, subject to Agency safety and security restrictions, and
allow Axon to enter and exit the premises with laptops and materials needed to perform Auto -Tagging Services;
2.4. Provide all infrastructure and software information (TCPAP addresses, node names, network configuration) necessary for Axon to provide
Auto -Tagging Services;
2.5. Promptly install and implement any and all software updates provided by Axon;
2.6. Ensure that all appropriate data backups are performed;
2.7. Provide assistance, participation, and approvals in testing Auto -Tagging Services;
2.8. Provide Axon with remote access to Agency's Axon Evidence account when required;
2.9. Notify Axon of any network or machine maintenance that may impact the performance of the module at Agency; and
2.10. Ensure reasonable availability of knowledgeable staff and personnel to provide timely, accurate, complete, and up-to-date documentation
and information to Axon.
Access to Systems. Agency authorizes Axon to access Agency's relevant computers, network systems, and CAD or RMS solely for performing Auto -
Tagging Services. Axon will work diligently to identify as soon as reasonably practicable resources and information Axon expects to use, and will provide
an initial list to Agency. Agency 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 Agency.
Title: General FieldTrial Agreement for All ProductsDays)
Department: Legal
Version: 7.0
Release Date: 4/17/2019 Page 3 of 3
City of Round Rock
ROAN ROCK Agenda Item Summary
Agenda Number:
Title: Consider authorizing Agreement with Axon for field trial and evaluation of
new model Taser. Free of charge for Trail Kit. The Trial Period is 30 days
unless extended by Axon.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/24/2019
Dept Director: Allen J. Banks
Cost:
Indexes;
Attachments: Trial and Evaluation Agreement Form, CMAF Axon Enterprise Inc
Department: Police Department
Text of Legislative File CM -2019-0959
The Department seeks to enter into an agreement with Axon Enterprises, Inc to receive an
Axon Trial Kit with the newest model Taser Conducted Energy Weapon for a 30 day trial and
evaluation period. There is no cost to the City if the Kit is returned within ten days of the
expiration of the 30 day trial period.
City of Round Rock Page 1 Printed on 5/24/2019