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flock safety
<br /> 3.1 Agency Obligations.Agency agrees to provide Flock with accurate,complete,and updated registration
<br /> information. Agency may not select as its User ID a name that Agency does not have the right to use,or another
<br /> person's name with the intent to impersonate that person. Agency may not transfer its account to anyone else
<br /> without prior written permission of Flock. Agency will not share its account or password with anyone,and must
<br /> protect the security of its account and password. Agency is responsible for any activity associated with its account.
<br /> Agency shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect
<br /> to,access or otherwise use the Services. Agency will,at its own expense,provide assistance to Flock,including,but
<br /> not limited to,by means of access to,and use of,Agency facilities,as well as by means of assistance from Agency
<br /> personnel,to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its
<br /> obligations hereunder,including,without limitation,any obligations with respect to Support Services or any
<br /> Installation Services.
<br /> 3.2 Agency Representations and Warranties.Agency represents,covenants,and warrants that Agency will use
<br /> the Services only in compliance with this Agreement and all applicable laws and regulations,including but not
<br /> limited to any laws relating to the recording or sharing of video,photo,or audio content and retention thereof. To
<br /> the extent allowed by the governing law of the state mentioned in Section 10.6,or if no state is mentioned in Section
<br /> 10.6,by the law of the State of Georgia,Agency hereby agrees to indemnify and hold harmless Flock against any
<br /> damages,losses,liabilities,settlements and expenses,including without limitation costs and attorneys' fees,in
<br /> connection with any claim or action that arises from an alleged violation of the foregoing,Agency's Installation
<br /> Obligations,or otherwise from Agency's use of the Services,Hardware and any Software,including any claim that
<br /> such actions violate any applicable law or third party right. Although Flock has no obligation to monitor Agency's
<br /> use of the Services,Flock may do so and may prohibit any use of the Services it believes may be(or alleged to be)
<br /> in violation of the foregoing.
<br /> 4.CONFIDENTIALITY;AGENCY DATA;NON-AGENCY DATA
<br /> 4.1 Confidentiality.Each Party(the"Receiving Party")understands that the other Party(the"Disclosing Party")
<br /> has disclosed or may disclose business,technical or financial information relating to the Disclosing Party's business
<br /> (hereinafter referred to as"Proprietary Information"of the Disclosing Party). Proprietary Information of Flock is
<br /> non-public information including but not limited to features,functionality,designs,user interfaces,trade secrets,
<br /> intellectual property,business plans,marketing plans,works of authorship,hardware,customer lists and
<br /> requirements,and performance of the Flock Services. Proprietary Information of Agency includes non-public
<br /> Agency Data,Non-Agency End User Data,and data provided by Agency or a Non-Agency End User to Flock or
<br /> collected by Flock via the Unit,including the Footage,to enable the provision of the Services. The Receiving Party
<br /> shall not disclose,use,transmit,inform or make available to any entity,person or body any of the Proprietary
<br /> Information,except as a necessary part of performing its obligations hereunder,and shall take all such actions as are
<br /> reasonably necessary and appropriate to preserve and protect the Proprietary Information and the parties'respective
<br /> rights therein,at all times exercising at least a reasonable level of care. Each party agrees to restrict access to the
<br /> Proprietary Information of the other party to those employees or agents who require access in order to perform
<br /> hereunder. The Receiving Party agrees: (i)to take the same security precautions to protect against disclosure or
<br /> unauthorized use of such Proprietary Information that the party takes with its own proprietary information,but in no
<br /> event will a party apply less than reasonable precautions to protect such Proprietary Information,and(ii)not to use
<br /> (except in performance of the Services or as otherwise permitted herein)or divulge to any third person any such
<br /> Proprietary Information. Flock's use of the Proprietary Information may include processing the Proprietary
<br /> Information to send Agency Notifications or alerts,such as when a car exits Agency's neighborhood,or to analyze
<br /> the data collected to identify motion or other events.
<br /> The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving
<br /> Party can document(a)is or becomes generally available to the public,or(b)was in its possession or known by
<br /> Receiving Party prior to receipt from the Disclosing Party,or(c)was rightfully disclosed to Receiving Party without
<br /> restriction by a third party,or(d)was independently developed without use of any Proprietary Information of the
<br /> Disclosing Party.
<br /> Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to
<br /> any required disclosure pursuant to a Freedom of Information request,subpoena,summons,judicial order or other
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