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Docusign Envelope ID: 459D1660-985D-4E5B-8F79-12B237BC0583
<br />AFirstX
<br />O� Amendment to the Master
<br />Alik*\ Services and Purchasing Agreement
<br />Processor. To the extent that Customer is a Data Processor of Personal Data, Axon is its
<br />Subprocessor. Notwithstanding the foregoing, to the extent any usage data (including query logs and
<br />metadata) and/or operations data (including billing and support data) in connection with Customer's use of
<br />the Services (collectively "Usage and Operations Data") is considered Personal Data, Axon is an
<br />independent Data Controller and shall Process such data in accordance with the Agreement and applicable
<br />data protection laws to develop, improve, support, and operate its products and services. For the avoidance
<br />of doubt, Axon will not disclose any Usage and Operations Data that includes confidential information with a
<br />third party except (a) in accordance with the relevant confidentiality provisions in the Agreement, or (b) to
<br />the extent the Usage and Operations Data is, in accordance with applicable data protection laws,
<br />anonymized, de -identified, and/or aggregated such that it can no longer directly or indirectly identify
<br />Customer or any particular individual.
<br />14. TASER Data Science Program. Axon will provide a quantitative evaluation on the performance and
<br />effectiveness of TASER energy weapons in the field across a variety of circumstances.
<br />14.1.1. If Customer purchases the TASER Data Science Program, Customer grants Axon, its affiliates,
<br />and assignees an irrevocable, perpetual, fully paid, royalty -free, and worldwide right and license
<br />to use Provided Data solely for the purposes of this Agreement and to create Transformed Data.
<br />Customer shall own all rights and title to Provided Data. Axon shall own all rights and title to
<br />Transformed Data and any derivatives of Transformed Data.
<br />14.1.2. Axon grants to Customer an irrevocable, perpetual, fully paid, royalty -free, license to use to
<br />TASER Data Science report provided to Customer for its own internal purposes. The Data
<br />Science report is provided "as is" and without any warranty of any kind.
<br />14.1.3. In the event Customer seeks Axon's deletion of Provided Data, it may submit a request to
<br />privacy@axon.com. Where reasonably capable of doing so, Axon will implement the request but
<br />at a minimum will not continue to collect Provided Data from Customer.
<br />15. Axon Records. Axon Records is the software -as -a -service product that is generally available at the time
<br />Customer purchases an OSP 7 or OSP 10 plan. During Customer's Axon Records Subscription Term, if any,
<br />Customer will be entitled to receive Axon's Update and Upgrade releases on an if -and -when available basis.
<br />15.1.1. , The Axon Record subscription begins on the later of the (1) start date of the Quote, or (2) the
<br />date Axon provisions Axon Records to Customer. The Axon Records Subscription Term will end
<br />upon the completion of the Axon Records Subscription as documented in the Quote, or if
<br />purchased as part of an OSP 7 or OSP 10 plan, upon completion of the OSP 7 or OSP 10 Term
<br />("Axon Records Subscription Term")
<br />15.1.2. An "Update" is a generally available release of Axon Records that Axon makes available from
<br />time to time. An "Upgrade" includes (i) new versions of Axon Records that enhance features and
<br />functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide
<br />additional features or perform additional functions. Upgrades exclude new products that Axon
<br />introduces and markets as distinct products or applications.
<br />15.1.3. New or additional Axon products and applications, as well as any Axon professional services
<br />needed to configure Axon Records, are not included as part of the Axon Records Subscription.
<br />15.1.4. End Users of Axon Records may upload files to entities (incidents, reports, cases, etc) in Axon
<br />Records with no limit to the number of files and amount of storage. Notwithstanding the foregoing,
<br />Axon may limit usage should the Customer exceed an average rate of one -hundred (100) GIB per
<br />user per year of uploaded files. Axon will not bill for overages.
<br />16. Axon Cloud Services Restrictions. Customer and Customer End Users (including employees, contractors,
<br />agents, officers, volunteers, and directors), may not, or may not attempt to:
<br />16.1.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services;
<br />16.1.2. reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to
<br />derive any source code included in Axon Cloud Services, or allow others to do the same;
<br />16.1.3. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring
<br />fees or exceeding usage limits or quotas;
<br />16.1.4. use Axon Cloud Services as a service bureau, or as part of a Customer infrastructure as a
<br />service;
<br />16.1.5. use trade secret information contained in Axon Cloud Services, except as expressly permitted
<br />in this Agreement;
<br />16.1.6. access Axon Cloud Services to build a competitive device or service or copy any features,
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