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fto <br />r safety <br />1.6 "Footage" means still images and/or video captured by the Hardware in the course of and provided via the Flock <br />Services. <br />1.7 "Hardware" shall mean the Flock cameras and any other physical elements that interact with the Embedded <br />Software and the Web Interface to provide the Flock Services. The term "Hardware" excludes the Embedded <br />Software. <br />1.8 "Implementation Fee(s)"means the monetary fees associated with the Installation Services, as defined in <br />Section 1.9 below. <br />1.9 "Installation Services" means the services provided by Flock regarding the installation, placements and <br />configuration of the Hardware, pursuant to the Statement of Work attached hereto. <br />1.10 "Flock Services or Services" means the provision, via the Web Interface, of Flock's software application for <br />automatic license plate detection, searching image records, and sharing Footage. <br />1.11 "Non Agency End User" means a Flock's non -Agency customer that has elected to give Agency access to its <br />data in the Flock system. <br />1.12 "Non -Agency End User Data" means the Footage, geolocation data, environmental data and/or notifications of <br />a Non -Agency End User. <br />1.13 "Unit(s)" shall mean the Hardware together with the Embedded Software. <br />1.14 "Usage lee" means the subscription fees to be paid by the Aggncy for ongoing access to Flock Services and <br />Hardware. <br />1.15 "Support Services" shall mean On-site Services and Monitoring Services, as defined in Section 2.9 below <br />1.16 "Web Interface" means the website(s) or application(s) through which Agency and its Authorized End Users <br />can access the Flock Services in accordance with the terms of this Agreement. <br />2. FLOCK SERVICES AND SUPPORT <br />2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive, <br />non -transferable right to access the features and functions.of the Flock Services via the Web Interface during the <br />Service Term (as defined in Section 6.1) and No -Fee Term, solely for the Authorized End Users. The Footage will <br />be available for Agency's designated administrator, listed on the Order Form, and any Authorized End Users to <br />access via the Web Interface for thirty (30) days. Authorized End Users will be required to sign up for an account, <br />and select a password and username ("User ID"). Flock will also provide Agency the Documentation to be used in <br />accessing and using the Flock Services. Agency shall be responsible for all acts and omissions of Authorized End <br />Users, and any act or omission by an Authorized End User which, if undertaken by Agency, would constitute a <br />breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake <br />reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such <br />Authorized End User's use of the Flock Services and shall cause Authorized End Users to comply with such <br />provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, <br />including without limitation using a third party to host the Web Interface which the Flock Services makes available <br />to Agency and Authorized End Users warranties provided by such third parties, are the agency's sole and exclusive <br />remedy and flock's sole and exclusive liability with regard to such third -party services, including without limitation <br />hosting the web interface. To the extent practicable, Agency agrees to comply with any acceptable use policies and <br />other terms of any third -party service provider that are provided or otherwise made available to Agency from time to <br />time. <br />2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, non- <br />exclusive, non -transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the <br />Resolution 20-21 Page 4 <br />