HomeMy WebLinkAboutContract 50139 Axon Citizen
AXON Agreement Field Trial
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This Axon Citizen' Field Trial Agreement ("Agreement") grants the right to your law enforcement
agency ("Agency" or 'you") to use Axon Enterprise, Inc.'s ("Axon") Axon Citizen public evidence
submission tool ("Product")without charge for evaluation in the field for a period of three(3) months
("Trial Period")'. Axon may extend the Trial Period.
1 Product. Axon agrees to provide Agency with access to the Product for evaluation by the
Agency for the Trial Period.
2 Agency Obligations. You agree to use the Product only for the purpose of evaluating the
Product. You agree to provide Axon with weekly detailed reports of the results of your
evaluation at the end of each week during the Trial Period. You agree to not (a) reproduce,
modify or reverse engineer the Product; or(b) rent, sell, lease, loan, or otherwise transfer the
Product to any person or entity for any period of time. You agree that Axon shall have the
right to use(e.g.,reproduce,prepare derivatives,transfer)the report of your evaluation results
in Axon's training, marketing and sales materials.
3 Access to Product. Upon termination of this Agreement pursuant to Section 4 below, your
access to the Product under this Agreement shall be immediately disabled. Notwithstanding
the foregoing,all data obtained by you through the Product shall remain in your Evidence.com
account without further charge. It is your responsibility to manage the storage of such data.
4 Termination. Termination of this Agreement occurs at the earlier of: (a)the end of the Trial
Period or extension thereof;(b)the date when Axon makes the Product generally available for
sale;or(c)seven(7)days after Axon provides written notice of termination to you.Termination
of this Agreement pursuant to subsections (a) or (b) above will be effective immediately
without further notice required. Upon termination of this Agreement all of your rights under
this Agreement terminate.
5 IP Rights.Axon owns and reserves all right,title,and interest in and to the Product.You agree
that Axon has and claims various proprietary rights in the software, and the integration of
ancillary materials, knowledge, and designs that constitute the Product, and that you will not
directly or indirectly cause any proprietary rights to be violated.
6 Confidentiality.You agree that your evaluation of the Product is confidential. You agree that
you shall not directly or indirectly disclose any information about the Product and your
evaluation of the Product to any third person or entity and only to those people of your Agency
who have a need to know.
7 Miscellaneous.
7.1 Entire Agreement; Modification; Severability; Survival. This Agreement is the
entire agreement between Axon and you regarding your evaluation of the Product and
RECEIVED supersedes all other Agreements.This Agreement can be modified or changed only in
JAN 17 2018 writing signed by both parties. If any part of this Agreement is held invalid or
r,l vOFFORTtNORTH unenforceable, the rest of the Agreement shall continue in full force and effect.
Sections 5, 6, and 7 shall survive termination of this Agreement.
Title: Axon Citizen Field Trial Agreement OFFICIAL RECORD
Delon; nt Legal
Version: 1.0
Release Date: IWIIQQ17
CITY 3ECRETAT&I-
FT.WORTH,TX
Axon Citizen
A XO I V Field Trial Agreement
reement g
7.2 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.
7.3 Assignment.You may 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.
7.4 Governing Law;Venue.The laws of the state where you are physically located,
without reference to conflict of law rules,govern this Agreement and any dispute of
any sort that might arise between the parties.
7.5 Axon acknowledges that the Texas Public Information Act,Texas Government Code Chapter 552(the
`?PIA")requires that public records must be promptly disclosed by the Agency upon request unless specifically
exempted from disclosure. If compelled by deposition,interrogatory, request for documents,subpoena,civil
investigative demand,or public records request(including under the state statute cited above or any City of
Fort Worth ordinance, resolutions or regulations implementing this state statute),or similar processes,to
disclose any confidential information,Agency as appropriate,shall use its best efforts to immediately provide
Axon with prompt written notice(via email). Notices under this provision shall be sent to Contracts@axon.com.
ACCEPTED and AGREED as of this 1`t' day of _' Ad J.✓N . 20 i$
Agency Name: o
By:
Print Name:
Title: 0 � /✓1 ('
A,A AXON,Axon,and Axon Citizen are tradema s of Axon E rise,Inc.,some of which are registered in the US and other countries.For
Address: more information,visit www.axon.com/legal.All rights reserved.®2017 Axon Enterprise,Inc.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Title: Axon Cidun Field Trial Agreement
Deperlmerrt Legal
version: 1.0
Release Date: 10/110011
Page 2 of 2
Executed on the�4"—day of /2018.
APPROVAL RECOM DED:
By:
Chief Joel F. Fitzgerald'
Chief of Police
Date: / --6/ - !C60!
APPROVED AS TO FORM
AND LEGALITY:
By:
John SkW,�
Assistant Cit Zttomey
ATTEST: SOF OR�.
By: :—►
Mary e
* '
City S retary
Contract Authorization:
M&C: N/A
1295 Certification No.: N/A
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
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