HomeMy WebLinkAboutItem 10g - Agreement for Subscription ServicesDATE: November 19, 2024
TO: Honorable Mayor and City Council
FROM: Roy Nakamura, Police Chief
By: Amber Abeyta, Management Analyst
SUBJECT: MASTER SERVICES AND PURCHASING AGREEMENT WITH AXON
ENTERPRISE, INC. FOR EVIDENCE.COM AND AXON CAPTURE
SUBSCRIPTION SERVICES, FOR A FIVE-YEAR PERIOD IN AN AMOUNT
NOT TO EXCEED $111,329
CEQA: Not a Project
Recommendation: Waive the Formal Bid Process and Approve
SUMMARY
As part of the Fiscal Year 2024-25 Equipment Replacement budget, the acquisition of
cellphones has been approved, along with digital evidence management software
(“Evidence.com”) and storage (“Axon Capture”), intended for distribution to sworn
personnel. Evidence.com and Axon Capture will serve as the designated evidence
storage database for City-issued cell phones. Furthermore, it is the preferred method for
sharing files with the Los Angeles County District Attorney’s Office and other law
enforcement agencies.
It is recommended that the City Council waive the formal bid process and approve the
Master Services and Purchasing Agreement with Axon Enterprise, Inc. for Evidence.com
and Axon Capture Subscription Services, for a five-year period in an amount not to
exceed $111,329.
BACKGROUND
Founded in 1993, Axon introduced TASER energy weapons. Since then, Axon expanded
its line of digital and technology solutions. Axon’s ecosystem of connected video
recording, cloud, and mobile technologies is built around Axon Evidence, a cloud-based
system that centralizes various digital files. Axon Evidence has been operating in this
capacity since 2009. Axon Evidence, also known as Evidence.com, manages all types of
digital media from capture to courtroom and is fully Criminal Justice Information System
(“CJIS”) compliant, with tamper-proof data where all access events are reported in a
secure audit trail. Axon Capture, purchased with Evidence.com, is a mobile application
Axon Enterprise, Inc. Agreement
November 19, 2024
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that allows officers to capture and store digital evidence from the field. The application,
which is compatible with iOS and Android devices, eliminates the need to carry multiple
devices for photo, video, and audio recording.
DISCUSSION
The Department purchased cell phones for sworn personnel as part of the Fiscal Year
2024-25 Equipment Replacement budget. Cell phones aim to enhance communication
and ensure officers have access to the latest technology in the field. These devices will
be equipped with secure applications that allow officers to document incidents, capture
evidence, and access real-time data, thereby improving response times and operational
efficiency. Additionally, the integration with Evidence.com and Axon Capture ensures that
all gathered data is securely stored and easily accessible for investigative and legal
purposes, fostering improved collaboration with the District Attorney's Office and other
agencies. This initiative underscores the Department's commitment to leveraging
technology to enhance public safety and streamline law enforcement processes.
By using Evidence.com and Axon Capture, the use of a traditional server would be
eliminated, instead using a cloud-based server housed by Axon. Moreover, Axon Capture
would eliminate the need to use outdated digital cameras, which produce less clear
evidentiary photos. Evidence.com and Axon Capture will be installed on every City-issued
cell phone. The total cost for the mobile applications over a five-year period amounts to
$111,329. This includes Year 1, which is priced at $25,161, and Years 2 through 5, each
costing $21,541 per year. Given that Axon Enterprise Inc. is the sole manufacturer of the
mobile applications Evidence.com and Axon Capture, which was built specifically for law
enforcement, it is recommended that the City Council waive the formal bid process and
authorize the purchase.
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute a project under the California Environmental
Quality Act (“CEQA”), based on Section 15061(b)(3) of the CEQA Guidelines, as it can
be seen with certainty that it will have no impact on the environment.
FISCAL IMPACT
Sufficient funds in the amount of $25,161 have been allocated in the Fiscal Year 2024-25
Equipment Replacement Budget, for the Year 1 purchase of Evidence.com and Axon
Capture. Funds for the following years will be allocated in the General Fund Operating
budget.
Axon Enterprise, Inc. Agreement
November 19, 2024
Page 3 of 3
RECOMMENDATION
It is recommended that the City Council determine this action is not a project under the
California Environmental Quality Act (“CEQA”); and waive the formal bid process and
authorize the Master Services and Purchasing Agreement with Axon Enterprise, Inc. for
Evidence.com and Axon Capture Subscription Services, for a five-year period in an amount
not to exceed $111,329.
Attachments: Axon Enterprise Inc. Master Services and Purchasing Agreement
Axon Enterprise Inc. Quote
Master Services and Purchasing Agreement
Version: 21
Release Date: April 1, 2024 Page 1 of 19
This Master Services and Purchasing Agreement ("Agreement") is between Axon Enterprise, Inc. ("Axon"), and
the Customer listed below or, if no Customer is listed below, the customer on the Quote attached hereto ("Customer").
This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) date of acceptance of
the Quote ("Effective Date"). Axon and Customer are each a "Party" and collectively "Parties". This Agreement governs
Customer ’s purchase and use of the Axon Devices and Services detailed in the Quote Appendix ("Quote"). It is the intent
of the Parties that this Agreement will govern all subsequent purchases by Customer for the same Axon Devices and
Services in the Quote, and all such subsequent quotes accepted by Customer shall be also incorporated into this
Agreement by reference as a Quote. The Parties agree as follows:
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 approval. 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. Term. This Agreement begins on the Effective Date and continues until all subscriptions hereunder have expired or
have been terminated ("Term").
2.1. All subscriptions including Axon Evidence, Axon Fleet, Officer Safety Plans, Technology Assurance Plans, and
TASER 7 or TASER 10 plans begin on the date stated in the Quote. Each subscription term ends upon
completion of the subscription stated in the Quote ("Subscription Term ").
2.2. Upon completion of the Subscription Term, the Subscription Term will automatically renew for an additional 5
years ("Renewal Term"). For purchase of TASER 7 or TASER 10 as a standalone, Axon may increase pricing
to its then-current list pricing for any Renewal Term. For all other purchases, Axon may increase pricing on all
line items in the Quote by up to 3% at the beginning of each year of the Renewal Term. New devices and
services may require additional terms. Axon will not authorize services until Axon receives a signed Quote or
accepts a purchase order, whichever is first.
3. Payment. Axon invoices for Axon Devices upon shipment, or on the date specified within the invoicing plan in the
Quote. Payment is due net 30 days from the invoice date. Axon invoices for Axon Cloud Services on an upfront yearly
basis prior to the beginning of the Subscription Term and upon the anniversary of the Subscription Term Payment
obligations are non-cancelable. Unless otherwise prohibited by law, Customer will pay interest on all past-due sums
at the lower of one-and-a-half percent (1.5%) per month or the highest rate allowed by law. Customer will pay invoices
without setoff, deduction, or withholding. If Axon sends a past due account to collections, Customer is responsible for
collection and attorneys’ fees.
4. Taxes. Customer is responsible for sales and other taxes associated with the order unless Customer provides Axon
a valid tax exemption certificate.
5. 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.
6. Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by
state or federal law.
7. Warranty.
7.1. Limited Warranty. Axon warrants that Axon-manufactured Devices are free from defects in workmanship and
materials for one (1) year from the date of Customer’s receipt, except Signal Sidearm and Axon-manufactured
accessories, which Axon warrants for thirty (30) months and ninety (90) days, respectively, from the date of
Customer’s receipt. Used conducted energy weapon ("CEW") cartridges are deemed to have operated
properly. Extended warranties run from the expiration of the one- (1-) year hardware warranty through the
extended warranty term purchased.
Master Services and Purchasing Agreement
Version: 21
Release Date: April 1, 2024 Page 2 of 19
7.2. Disclaimer. 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.
7.3. 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.
7.3.1. 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 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.
7.4. 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 under Section
5. Axon assumes no liability or obligation in the event Customer does not utilize Spare Axon Devices for the
intended purpose.
7.5. 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) Axon 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.
7.5.1. To the extent permitted by law, the above warranties and remedies are exclusive. Axon
disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or
implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties
are limited to the duration of the warranty described above and by the provisions in this
Agreement. Customer confirms and agrees that, in deciding whether to sign this Agreement, it
has not relied on any statement or representation by Axon or anyone acting on behalf of Axon
related to the subject matter of this Agreement that is not in this Agreement.
7.5.2. Axon’s cumulative liability to any party for any loss or damage resulting from any claim,
demand, or action arising out of or relating to this Agreement will not exceed the purchase
price paid to Axon for the Axon Device, or if for Services, the amount paid for such Services
over the twelve (12) months preceding the claim. Neither Party will be liable for special, indirect,
incidental, punitive or consequential damages, however caused, whether for breach of
warranty or contract, negligence, strict liability, tort or any other legal theory.
7.6. 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.
7.7. Third-Party Software and Services. Use of 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.
7.8. 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 hereafter 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, arising 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 Releasee, 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.
Master Services and Purchasing Agreement
Version: 21
Release Date: April 1, 2024 Page 3 of 19
8. Statement of Work. Certain Axon Devices and Services, including Axon Interview Room, Axon Channel Services,
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 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. The SOW is incorporated into this
Agreement by reference.
9. Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings.
10. Design Changes. Axon may make design changes to any Axon Device or Service without notifying Customer or
making the same change to Axon Devices and Services previously purchased by Customer.
11. Bundled Offerings. Some offerings in bundled offerings may not be generally 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 a delay of
availability or Customer ’s election not to utilize any portion of an Axon bundle.
12. Insurance. Axon will maintain General Liability, Workers’ Compensation, and Automobile Liability insurance. Upon
request, Axon will supply certificates of insurance.
13. 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.
14. IP Indemnification. Axon will indemnify Customer against all claims, losses, and reasonable expenses from any
third-party claim alleging that the use of Axon-manufactured Devices or Services infringes or misappropriates the
third-party’s intellectual property rights. Customer must promptly provide Axon with written notice of such claim, tender
to Axon the defense or settlement of such claim at Axon’s expense and cooperate fully with Axon in the defense or
settlement of such claim. Axon’s IP indemnification obligations do not apply to claims based on (a) modification of
Axon-manufactured Devices or Services by Customer or a third-party not approved by Axon; (b) use of Axon-
manufactured Devices and Services in combination with hardware or services not approved by Axon; (c) use of Axon
Devices and Services other than as permitted in this Agreement; or (d) use of Axon software that is not the most
current release provided by Axon.
15. Customer Responsibilities. Customer is responsible for (a) Customer’s use of Axon Devices; (b) breach of this
Agreement or violation of applicable law by Customer or a Customer end user; (c) disputes between Customer and
a third-party over Customer’s use of Axon Devices; (d) ensuring Axon Devices are destroyed and disposed of securely
and sustainably at Customer’s cost; and (e) any regulatory violations or fines, as a result of improper destruction or
disposal of Axon Devices.
16. Termination.
16.1. 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 at the end of thirty (30) days. 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.
16.2. 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.
16.3. 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 received,
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 bundled Axon Devices, MSRP is the
standalone price of all individual components.
17. 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.
Master Services and Purchasing Agreement
Version: 21
Release Date: April 1, 2024 Page 4 of 19
18. General.
18.1. Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s
reasonable control.
18.2. Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind
the other. This Agreement does not create a partnership, franchise, joint venture, Customer, fiduciary, or
employment relationship between the Parties.
18.3. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.
18.4. 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.
18.5. 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.
18.6. Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent. Axon
may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for
purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets.
This Agreement is binding upon the Parties respective successors and assigns.
18.7. Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver
of that right.
18.8. Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable,
the remaining portions of this Agreement will remain in effect.
18.9. 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.
18.10. Governing Law. The laws of the country, state, province, or municipality where Customer is physically located,
without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United
Nations Convention for the International Sale of Goods does not apply to this Agreement.
18.11. Notices. All notices must be in English. Notices posted on Customer ’s Axon Evidence site are effective upon
posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective
immediately. Notices to Customer shall be provided to the address on file with Axon. Notices to Axon shall be
provided to Axon Enterprise, Inc. Attn: Legal, 17800 North 85th Street, Scottsdale, Arizona 85255 with a copy
to legal@axon.com.
18.12 Entire Agreement. This Agreement, the Appendices, including any applicable Appendices not attached herein
for the products and services purchased, which are incorporated by reference and located in the Master
Purchasing and Services Agreement located at https://www.axon.com/sales-terms-and-conditions,Quote and
any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior
agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This
Agreement may only be modified or amended in a writing signed by the Parties.
Each Party, by and through its respective representative authorized to execute this Agreement, has duly executed and
delivered this Agreement as of the date of signature.
AXON: CUSTOMER:
Axon Enterprise, Inc.
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
Master Services and Purchasing Agreement
Version: 21
Release Date: April 1, 2024 Page 5 of 19
Master Services and Purchasing Agreement for Customer
Version: 21
Release Date: April 1, 2024 Page 6 of 19
Axon Cloud Services Terms of Use Appendix
1. Definitions.
a. "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.
b. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by Customer. Evidence is a
subset of Customer Content.
c. "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 account management and customer
support activities. Non-Content Data does not include Customer Content.
d. "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, location 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.
e. "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.
f. "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 more end users than
the Quote specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon
Evidence Lite, Customer may access and use Axon Evidence only to store and manage TASER CEW and
TASER CAM data ("TASER Data"). Customer may not upload non-TASER Data to Axon Evidence Lite.
3. Customer Owns Customer Content. Customer controls and owns all right, 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 Customer 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 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; (b)
ensuring no Customer Content or Customer end user’s use of Customer Content or Axon Cloud Services violates
this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections
for use of Axon Cloud Services. 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.
a. Customer will also maintain the security of end 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. 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.
Master Services and Purchasing Agreement for Customer
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Release Date: April 1, 2024 Page 7 of 19
b. 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. When Wi-Fi Positioning is enabled by both Axon and Customer,
Non-Content and Personal Data will be sent to Skyhook Holdings, Inc. ("Skyhook") to facilitate the Wi-Fi
Positioning functionality. Data controlled by Skyhook is outside the scope of the Axon Cloud Services Privacy
Policy and is subject to the Skyhook Services Privacy Policy.
8. Storage. For Axon Unlimited Device Storage subscriptions, Customer may store unlimited data in
Customer's Axon Evidence account only if data originates from Axon Capture or the applicable 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.
9. 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 or Customer is
prohibited from storing data for other law enforcement agencies; and (iii) Customer may only upload and store
data that is directly related to (1) the investigation of, or the prosecution of a crime, (2) common law enforcement
activities, or (3) any Customer Content created by Axon Devices or Axon Evidence.
10. 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.
11. 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 through suspension.
Axon will not delete Customer Content because of suspension, except as specified in this Agreement.
12. Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors
before Customer uploads data to Axon Cloud Services.
13. 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.
14. 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.
15. 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.
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16. In the event Customer seeks Axon’s deletion of Provided Data, it may submit a request to privacy@axon.com.
Where reasonably capable of doing so, Axon will implement the request but at a minimum will not continue to
collect Provided Data from Customer.
17. Axon Records. Axon Records is the software-as-a-service product that is generally available at the time
Customer purchases an OSP 7 or OSP 10 bundle. During Customer’s Axon Records Subscription Term, if any,
Customer will be entitled to receive Axon’s Update and Upgrade releases on an if-and-when available basis.
c. 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 bundle, upon completion
of the OSP 7 or OSP 10 Term ("Axon Records Subscription")
d. 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.
e. New or additional Axon products and applications, as well as any Axon professional services needed to
configure Axon Records, are not included. If Customer purchases Axon Records as part of a bundled
offering, the Axon Record subscription begins on the later of the (1) start date of that bundled offering,
or (2) date Axon provisions Axon Records to Customer.
f. Users of Axon Records at the Customer 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.
18. Axon Cloud Services Restrictions. Customer and Customer end users (including employees, contractors,
agents, officers, volunteers, and directors), may not, or may not attempt to:
g. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services;
h. 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;
i. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or
exceeding usage limits or quotas;
j. use Axon Cloud Services as a service bureau, or as part of a Customer infrastructure as a service;
k. use trade secret information contained in Axon Cloud Services, except as expressly permitted in this
Agreement;
l. access Axon Cloud Services to build a competitive device or service or copy any features, functions, or
graphics of Axon Cloud Services;
m. 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
n. 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.
19. Axon Narrative. AI-Assisted Report Writing feature. Axon may impose usage restrictions if a single user
generates more than one hundred (100) reports per month for two or more consecutive months.
20. After Termination. Axon will not delete Customer Content for ninety (90) days following termination. There will
be no functionality of Axon Cloud Services 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.
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21. 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 requests 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.
22. 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.
23. 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.
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Axon Customer Experience Improvement Program Appendix
1. Axon Customer Experience Improvement Program (ACEIP). The ACEIP is designed to accelerate Axon’s
development of technology, such as building and supporting automated features, to ultimately increase safety within
communities and drive efficiency in public safety. To this end, subject to the limitations on Axon as described below,
Axon, where allowed by law, may make limited use of Customer Content from all of its customers to provide, develop,
improve, and support current and future Axon products (collectively, "ACEIP Purposes"). However, at all times, Axon
will comply with its obligations pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a
comprehensive data security program (including compliance with the CJIS Security Policy for Criminal Justice
Information), privacy program, and data governance policy, including high industry standards of de-identifying
Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier
1 and Tier 2. By default, Customer will be a participant in ACEIP Tier 1. If Customer does not want to participate in
ACEIP Tier 1, Customer can revoke its consent at any time. If Customer wants to participate in Tier 2, as detailed
below, Customer can check the ACEIP Tier 2 box below. If Customer does not want to participate in ACEIP Tier 2,
Customer should leave box unchecked. At any time, Customer may revoke its consent to ACEIP Tier 1, Tier 2, or
both Tiers.
2. ACEIP Tier 1.
2.1. When Axon uses Customer Content for the ACEIP Purposes, Axon will extract from Customer Content and
may store separately copies of certain segments or elements of the Customer Content (collectively, "ACEIP
Content"). When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate,
transform or de-identify Customer Content so that the extracted ACEIP Content is no longer reasonably
capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual
("Privacy Preserving Technique(s)"). For illustrative purposes, some examples are described in footnote 1 1.
For clarity, ACEIP Content will still be linked indirectly, with an attribution, to the Customer from which it was
extracted. This attribution will be stored separately from the data itself, but is necessary for and will be solely
used to enable Axon to identify and delete all ACEIP Content upon Customer request. Once de-identified,
ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time,
Customer may revoke the consent granted herein to Axon to access and use Customer Content for ACEIP
Purposes. Within 30 days of receiving the Customer’s request, Axon will no longer access or use Customer
Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon will also delete any derivative
works which may reasonably be capable of being associated with, or could reasonably be linked directly or
indirectly to Customer. In addition, if Axon uses Customer Content for the ACEIP Purposes, upon request, Axon
will make available to Customer a list of the specific type of Customer Content being used to generate ACEIP
Content, the purpose of such use, and the retention, privacy preserving extraction technique, and relevant data
protection practices applicable to the Customer Content or ACEIP Content ("Use Case"). From time to time,
Axon may develop and deploy new Use Cases. At least 30 days prior to authorizing the deployment of any
new Use Case, Axon will provide Customer notice (by updating the list of Use Case at
https://www.axon.com/aceip and providing Customer with a mechanism to obtain notice of that update or
another commercially reasonable method to Customer designated contact) ("New Use Case").
2.2. Expiration of ACEIP Tier 1. Customer consent granted herein will expire upon termination of the Agreement.
In accordance with section 1.1.1, within 30 days of receiving the Customer’s request, Axon will no longer
access or use Customer Content for ACEIP Purposes and will delete ACEIP Content. Axon will also delete any
derivative works which may reasonably be capable of being associated with, or could reasonably be linked
directly or indirectly to, Customer.
3. ACEIP Tier 2. In addition to ACEIP Tier 1, if Customer wants to help further improve Axon’s services, Customer may
choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2 grants Axon certain additional rights to use Customer
1 For example; (a) when extracting specific text to improve automated transcription capabilities, text that could be used to directly identify
a particular individual would not be extracted, and extracted text would be disassociated from identifying metadata of any speakers, and
the extracted text would be split into individual words and aggregated with other data sources (including publicly available data) to
remove any reasonable ability to link any specific text directly or indirectly back to a particular individual; (b) when extracting license
plate data to improve Automated License Plate Recognition (ALPR) capabilities, individual license plate characters would be extracted
and disassociated from each other so a complete plate could not be reconstituted, and all association to other elements of the source
video, such as the vehicle, location, time, and the surrounding environment would also be removed; (c) when extracting audio of potential
acoustic events (such as glass breaking or gun shots), very short segments (<1 second) of audio that only contains the likely acoustic
events would be extracted and all human utterances would be removed.
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Content, in addition to those set forth in Tier 1 above, without the guaranteed deployment of a Privacy Preserving
Technique to enable product development, improvement, and support that cannot be accomplished with aggregated,
transformed, or de-identified data.
☐ Check this box if Customer wants to help further improve Axon’s services by participating in ACEIP Tier 2 in addition to
Tier 1. Axon will not enroll Customer into ACEIP Tier 2 until Axon and Customer agree to terms in writing providing for
such participation in ACEIP Tier 2 .
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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 agencies
• Discuss the importance of entering metadata in the field for organization purposes and other best
practices for digital data management
• Provide referrals of other agencies 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
End 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
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
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• 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
End 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 agencies
• Discuss the importance of entering metadata and best practices for digital data management
• Provide referrals to other agencies 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.
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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’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 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's 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. Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote and
this Appendix. 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.
12. 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.
13. Access Computer Systems to Perform Services. Customer authorizes Axon to access relevant Customer
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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.
14. 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
15. 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, Axon will deem Customer to have accepted the professional services.
16. 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.
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Add-on Services Appendix
This Appendix applies if Axon Community Request, Axon Redaction Assistant, and/or Axon Performance are included on
the Quote.
1. Subscription Term. If Customer purchases Axon Community Request, Axon Redaction Assistant, or Axon
Performance as part of OSP 7 or OSP 10, the subscription begins on the later of the (1) start date of the OSP 7 or
OSP 10 Term , or (2) date Axon provisions Axon Community Request Axon Redaction Assistant, or Axon Performance
to Customer.
1.1. If Customer purchases Axon Community Request, Axon Redaction Assistant, or Axon Performance as a
standalone, the subscription begins the later of the (1) date Axon provisions Axon Community Request, Axon
Redaction Assistant, or Axon Performance to Customer, or (2) first day of the month following the Effective
Date.
1.2. The subscription term will end upon the completion of the Axon Evidence Subscription associated with the add-
on.
2. Axon Community Request Storage. For Axon Community Request, 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.
3. Performance Auto-Tagging Data. In order to provide some features of Axon Performance to Customer, Axon will
need to store call for service data from Customer’s CAD or RMS.
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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.
1.1. "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.
1.2. "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.
1.3. "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.
1.4. "Use" means any operation on Customer’s data enabled by the supported API functionality.
2. Purpose and License.
2.1. 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.
2.2. 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.
2.3. 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:
4.1. use API Service in any way other than as expressly permitted under this Agreement;
4.2. use in any way that results in, or could result in, any security breach to Axon;
4.3. perform an action with the intent of introducing any viruses, worms, defect, Trojan horses, malware, or any
items of a destructive nature to Axon Devices and Services;
4.4. interfere with, modify, disrupt or disable features or functionality of API Service or the servers or networks
providing API Service;
4.5. reverse engineer, decompile, disassemble, or translate or attempt to extract the source code from API Service
or any related software;
4.6. create an API Interface that functions substantially the same as API Service and offer it for use by third parties;
4.7. 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;
4.8. frame or mirror API Service on any other server, or wireless or Internet-based device;
4.9. make available to a third-party, any token, key, password or other login credentials to API Service;
4.10. take any action or inaction resulting in illegal, unauthorized or improper purposes; or
4.11. 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:
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5.1. the design, structure and naming of API Service fields in all responses and requests;
5.2. the resources available within API Service for which Customer takes actions on, such as evidence, cases,
users, or reports;
5.3. the structure of and relationship of API Service resources; and
5.4. 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:
6.1. scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer
than permitted by the cache header;
6.2. copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or
sublicense to any third-party;
6.3. misrepresent the source or ownership; or
6.4. 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.
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Axon Event Offer Appendix
If the Agreement includes the provision of, or Axon otherwise offers, ticket(s), travel and/or accommodation for select
events hosted by Axon (“Axon Event”), the following shall apply:
1. General. Subject to the terms and conditions specified below and those in the Agreement, Axon may provide
Customer with one or more offers to fund Axon Event ticket(s), travel and/or accommodation for Customer-selected
employee(s) to attend one or more Axon Events. By entering into the Agreement, Customer warrants that it is
appropriate and permissible for Customer to receive the referenced Axon Event offer(s) based on Customer’s
understanding of the terms and conditions outlined in this Axon Event Offer Appendix.
2. Attendee/Employee Selection. Customer shall have sole and absolute discretion to select the Customer
employee(s) eligible to receive the ticket(s), travel and/or accommodation that is the subject of any Axon Event
offer(s).
3. Compliance. It is the intent of Axon that any and all Axon Event offers comply with all applicable laws, regulations
and ethics rules regarding contributions, including gifts and donations. Axon’s provision of ticket(s), travel and/or
accommodation for the applicable Axon Event to Customer is intended for the use and benefit of Customer in
furtherance of its goals, and not the personal use or benefit of any official or employee of Customer. Axon makes this
offer without seeking promises or favoritism for Axon in any bidding arrangements. Further, no exclusivity will be
expected by either party in consideration for the offer. Axon makes the offer with the understanding that it will not, as
a result of such offer, be prohibited from any procurement opportunities or be subject to any reporting requirements.
If Customer’s local jurisdiction requires Customer to report or disclose the fair market value of the benefits provided
by Axon, Customer shall promptly contact Axon to obtain such information, and Axon shall provide the information
necessary to facilitate Customer's compliance with such reporting requirements.
4. Assignability. Customer may not sell, transfer, or assign Axon Event ticket(s), travel and/or accommodation provided
under the Agreement.
5. Availability. The provision of all offers of Axon Event ticket(s), travel and/or accommodation is subject to availability
of funds and resources. Axon has no obligation to provide Axon Event ticket(s), travel and/or accommodation.
6. Revocation of Offer. Axon reserves the right at any time to rescind the offer of Axon Event ticket(s), travel and/or
accommodation to Customer if Customer or its selected employees fail to meet the prescribed conditions or if changes
in circumstances render the provision of such benefits impractical, inadvisable, or in violation of any applicable laws,
regulations, and ethics rules regarding contributions, including gifts and donations.
Page 1 Q-603441-45532.701KP
Q-603441-45532.701KP
Issued: 08/28/2024
Quote Expiration: 09/15/2024
Estimated Contract Start Date: 10/01/2024
Account Number: 113385
Payment Terms: N30
Delivery Method:
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Arcadia Police Department - CA
250 W Huntington Dr
Arcadia,
CA
91007-3401
USA
Arcadia Police Department - CA
240 W Huntington Dr
Arcadia
CA
91007-3401
USA
Email:
Kyle Panasewicz
Phone: +1 4803294734
Email: kylep@axon.com
Fax: (480) 905-2071
Ernest Lopez
Phone: 626-574-5163
Email: elopez@arcadiaca.gov
Fax:
Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $2,353.39
TOTAL COST $111,329.44
ESTIMATED TOTAL W/ TAX $111,329.44 TOTAL SAVINGS $11,766.96
Axon Enterprise, Inc.
17800 N 85th St.
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
Page 2 Q-603441-45532.701KP
Payment Summary
Date Subtotal Tax Total
Sep 2024 $25,161.88 $0.00 $25,161.88
Sep 2025 $21,541.89 $0.00 $21,541.89
Sep 2026 $21,541.89 $0.00 $21,541.89
Sep 2027 $21,541.89 $0.00 $21,541.89
Sep 2028 $21,541.89 $0.00 $21,541.89
Total $111,329.44 $0.00 $111,329.44
Page 3 Q-603441-45532.701KP
Quote Unbundled Price: $123,096.40
Quote List Price: $123,096.40
Quote Subtotal: $111,329.44
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal
Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total
A la Carte Software
73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 300 60 $0.65 $0.59 $10,590.00 $0.00 $10,590.00
73618 AXON COMMUNITY REQUEST 64 60 $10.85 $9.82 $37,706.24 $0.00 $37,706.24
BasicLicense Basic License Bundle 62 60 $16.27 $14.71 $54,707.56 $0.00 $54,707.56
ProLicense Pro License Bundle 2 60 $43.40 $39.21 $4,705.64 $0.00 $4,705.64
A la Carte Services
80146 AXON BODY - PSO - VIRTUAL STARTER 1 $2,000.00 $1,810.00 $1,810.00 $0.00 $1,810.00
80146 AXON BODY - PSO - VIRTUAL STARTER 1 $2,000.00 $1,810.00 $1,810.00 $0.00 $1,810.00
Total $111,329.44 $0.00 $111,329.44
Delivery Schedule
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date
Basic License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 62 10/01/2024 09/30/2029
Basic License Bundle 73840 AXON EVIDENCE - ECOM LICENSE - BASIC 62 10/01/2024 09/30/2029
Pro License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 6 10/01/2024 09/30/2029
Pro License Bundle 73746 AXON EVIDENCE - ECOM LICENSE - PRO 2 10/01/2024 09/30/2029
A la Carte 73618 AXON COMMUNITY REQUEST 64 10/01/2024 09/30/2029
A la Carte 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 300 10/01/2024 09/30/2029
Services
Bundle Item Description QTY
A la Carte 80146 AXON BODY - PSO - VIRTUAL STARTER 1
A la Carte 80146 AXON BODY - PSO - VIRTUAL STARTER 1
Page 4 Q-603441-45532.701KP
Shipping Locations
Location Number Street City State Zip Country
1 250 W Huntington Dr Arcadia CA 91007-3401 USA
Payment Details
Sep 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 73618 AXON COMMUNITY REQUEST 64 $7,541.25 $0.00 $7,541.25
Year 1 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 300 $2,118.00 $0.00 $2,118.00
Year 1 80146 AXON BODY - PSO - VIRTUAL STARTER 1 $1,810.00 $0.00 $1,810.00
Year 1 80146 AXON BODY - PSO - VIRTUAL STARTER 1 $1,810.00 $0.00 $1,810.00
Year 1 BasicLicense Basic License Bundle 62 $10,941.50 $0.00 $10,941.50
Year 1 ProLicense Pro License Bundle 2 $941.13 $0.00 $941.13
Total $25,161.88 $0.00 $25,161.88
Sep 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 73618 AXON COMMUNITY REQUEST 64 $7,541.25 $0.00 $7,541.25
Year 2 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 300 $2,118.00 $0.00 $2,118.00
Year 2 BasicLicense Basic License Bundle 62 $10,941.51 $0.00 $10,941.51
Year 2 ProLicense Pro License Bundle 2 $941.13 $0.00 $941.13
Total $21,541.89 $0.00 $21,541.89
Sep 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 73618 AXON COMMUNITY REQUEST 64 $7,541.25 $0.00 $7,541.25
Year 3 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 300 $2,118.00 $0.00 $2,118.00
Year 3 BasicLicense Basic License Bundle 62 $10,941.51 $0.00 $10,941.51
Year 3 ProLicense Pro License Bundle 2 $941.13 $0.00 $941.13
Total $21,541.89 $0.00 $21,541.89
Sep 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 73618 AXON COMMUNITY REQUEST 64 $7,541.25 $0.00 $7,541.25
Year 4 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 300 $2,118.00 $0.00 $2,118.00
Year 4 BasicLicense Basic License Bundle 62 $10,941.51 $0.00 $10,941.51
Year 4 ProLicense Pro License Bundle 2 $941.13 $0.00 $941.13
Total $21,541.89 $0.00 $21,541.89
Sep 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 73618 AXON COMMUNITY REQUEST 64 $7,541.25 $0.00 $7,541.25
Year 5 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 300 $2,118.00 $0.00 $2,118.00
Year 5 BasicLicense Basic License Bundle 62 $10,941.51 $0.00 $10,941.51
Year 5 ProLicense Pro License Bundle 2 $941.13 $0.00 $941.13
Page 5 Q-603441-45532.701KP
Sep 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Total $21,541.89 $0.00 $21,541.89
Page 6 Q-603441-45532.701KP
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.
Page 7 Q-603441-45532.701KP
\s1\ \d1\
Signature Date Signed
8/28/2024