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Item 6-b - Approval of Motorola Solutions Subscription Services Agreement for Digital Evidence Management
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Item 6-b - Approval of Motorola Solutions Subscription Services Agreement for Digital Evidence Management
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11/8/2018 2:05:27 PM
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BOCC
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11/13/2018
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Regular Meeting
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Agenda
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6-b
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Agenda - 11-13-2018 Regular Board Meeting
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Subscription Services Agreement v.10.18.18 <br />6 <br /> <br />8.3 Feedback. Any Feedback given by Customer is entirely voluntary and, even if designated as <br />confidential, will create no confidentiality obligation for Motorola. Motorola is free to use, reproduce, <br />license or otherwise distribute and exploit the Feedback without any obligation to Customer. Customer <br />acknowledges that Motorola’s receipt of the Feedback does not imply or create recognition by Motorola of <br />either the novelty or originality of any idea. The parties further agree that all fixes, modifications and <br />improvement to the Licensed Product or Subscription Service conceived of or made by Motorola that are <br />based, either in whole or in part, on the Feedback are the exclusive property of Motorola and all right, title <br />and interest in and to such fixes, modifications or improvements to the Licensed Product or Subscription <br />Service will vest solely in Motorola. <br /> <br />9 WARRANTY <br /> <br />9.1 “AS IS”. THE SOLUTION AND SUBSCRIPTION SERVICES ARE PROVIDED “AS IS”. <br />MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. Customer <br />acknowledges that the Deliverables may contain recommendations, suggestions or advice from Motorola <br />to Customer (collectively, “Recommendations”). Motorola makes no warranties concerning those <br />Recommendations, and Customer alone accepts responsibility for choosing whether and how to <br />implement the Recommendations and the results to be realized from implementing them. <br /> <br />9.2 Availability and Accuracy. Customer acknowledges that functionality of the Solution as well as <br />availability and accuracy of Solution Data is dependent on many elements beyond Motorola’s control, <br />including databases managed by Customer or third parties and Customer’s existing equipment, software, <br />and Customer Data. Therefore, Motorola does not guarantee availability or accuracy of data, or any <br />minimum level of coverage or connectivity. Interruption or interference with the Subscription Services or <br />Solution may periodically occur. Customer agrees not to represent to any third party that Motorola has <br />provided such guarantee. <br /> <br />9.3 Equipment Sale. Warranty for any equipment sold pursuant to this Agreement will be set forth in <br />Equipment Sale Addendum. <br /> <br />10. DISCLAIMERS <br /> <br />10.1 Existing Equipment and Software. If Customer’s existing equipment and software is critical to <br />operation and use of the Subscription Services, Customer is solely responsible for supporting and <br />maintaining Customer’s existing equipment and software. Connection to or interface with Customer’s <br />existing equipment and software may be required to receive Subscription Services. Any failures or <br />deficiencies of Customer’s existing equipment and software may impact the functionality of the Solution <br />and the Subscription Services to be delivered. Any vulnerabilities or inefficiencies in Customer’s system <br />may also impact the Solution and associated Subscription Services. <br /> <br />10.2 Privacy. Customer bears sole responsibility for compliance with any laws and regulations <br />regarding tracking; location based services; gathering, storing, processing, transmitting, using or <br />misusing; or otherwise handling personally identifiable information (“PII”), including information about <br />Users of the Solution or citizens in the general public. Further, it is Customer’s sole responsibility to <br />comply with any laws or regulations prescribing the measures to be taken in the event of breach of <br />privacy or accidental disclosure of any PII. Enacting and enforcing any internal privacy policies for the <br />protection of PII, including individual disclosure and consent mechanisms, limitations on use of the <br />information, and commitments with respect to the storage, use, deletion and processing of PII in a <br />manner that complies with applicable laws and regulations will be Customer’s sole responsibility. <br />Motorola will not evaluate the sufficiency of such policies and disclaims any responsibility or liability for <br />privacy practices implemented by Customer, or lack thereof. Customer acknowledges and agrees that <br />Subscription Services and the Solution are not designed to ensure individual privacy. Customer will <br />inform Users that the Solution may enable visibility to PII, as well as physical location of individuals. <br />Further, if the Solution or Subscription Services are available to the general public pursuant to this <br />Agreement, Customer will provide the appropriate privacy notification. Neither Motorola nor Customer <br />32
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