|
first due
<br /> Agreement for Services
<br /> This Agreement for Services (this "Agreement") dated as of February 16,2026 (the"Effective Date") is made
<br /> by and between Locality Media,LLC dba First Due("First Due") and Decatur Fire Department located at 1415
<br /> N Water St, Decatur, IL 62526 (the "Customer").
<br /> 1. Service Access and Use Agreement. First Due maintains a website through which Customer members may
<br /> access First Due's First Due Size-UpTM Community ConnectTM, Mobile ResponderTM and/or other software-as-
<br /> a-service platforms and solutions identified in Exhibit A (collectively, the "Service") in connection with the
<br /> performance of their Customer duties.First Due agrees to grant the Customer access to the Service pursuant
<br /> to the terms and conditions set forth below and in Exhibit A, and the Customer agrees to use the Service
<br /> only in strict conformity with and subject to such terms and conditions.
<br /> 2. Credential Management,Data Submission,and License Rights.First Due may provide the Customer with one
<br /> or more user ID's, initial passwords, digital certificates and/or other devices (collectively, "Credentials")
<br /> and/or application programming interfaces ("APIs") to access the Service. The Customer shall access the
<br /> Service only by using such Credentials and APIs.The Customer authorizes First Due to act on any instructions
<br /> First Due receives from users of the Service who present valid Credentials
<br /> and such individuals shall be deemed authorized to act on behalf of the Customer, including, without
<br /> limitation, to change such Credentials. It is the Customer's sole responsibility to keep all Credentials and
<br /> other means of access within the Customer's direct or indirect possession or control both confidential and
<br /> secure from unauthorized use.The Customer understands the utility of the First Due Size Up Service depends
<br /> on the availability of data and information relating to Locations and structures in the Customer's jurisdiction,
<br /> including but not limited to building system and structural information, building inspection codes and
<br /> incident report data (collectively, "Location Data"). First Due also may process and furnish through the
<br /> Service, in addition to Location Data, other data regarding residents and roadways within the Customer's
<br /> jurisdiction ("Community Data"). Location Data and Community Data are referred to collectively herein as
<br /> "Data". First Due may acquire Data from third party public and/or private sources in First Due's discretion. In
<br /> addition, the Customer will upload to the Service or otherwise provide to First Due in such form and using
<br /> such methods as First Due reasonably may require from time to time, any and all Data from the Customer's
<br /> records and systems which the parties mutually designate for inclusion in the Service database. The
<br /> Customer agrees not to filter or alter such records except to conform such Data to the formats reasonably
<br /> required by First Due. Subject to any third-party license restrictions identified expressly in writing by the
<br /> Customer, the Customer grants to First Due a perpetual, non-exclusive, worldwide, royalty-free right and
<br /> license to process, use and disclose the Data furnished to First Due by the Customer in connection with the
<br /> development, operation, and performance of First Due's business, including but not limited to the Service.
<br /> 3. Data Use, Disclaimers,and Limitations of Liability. As between the parties, the Customer and its employees,
<br /> contractors, members, users, agents, and representatives (collectively, "Customer Users") are solely
<br /> responsible for determining whether and how to use Data accessed through the Service. The Customer
<br /> acknowledges that First Due, through the Service, provides an interface for viewing Data compiled from
<br /> the Customer and other sources over which First Due has no control and for which First Due assumes no
<br /> responsibility.First Due makes no representations or warranties regarding any Location or structure (including
<br /> but not limited to a Location's safety, construction, occupancy, materials, hazards,water supply, contents,
<br /> location, surrounding structures, exposures, size, layout, compliance, condition or history), residents,
<br /> roadways, or any actual or expected outcome from use of the Data, nor does First Due make any
<br /> representation or warranty regarding the accuracy or reliability of the Data received by First Due. First Due
<br /> provides administrative and information technology services only and does not advise, recommend, or
<br /> render an opinion with respect to any information communicated through the Service and shall not be
<br /> responsible for the Customer's or any third party's use of any information obtained through the Service.
<br /> 4. Customer Equipment and Technical Requirements. The Customer shall obtain and maintain, at its own
<br /> expense, computers, operating systems, Internet browsers, tablets, phones, telecommunications
<br /> equipment, third-party application services and other equipment and software ("Equipment") required for
<br /> the Customer to access and use the Service(the Service being accessible to users through standard Internet
<br /> First Due Agreement for Services, Feb 2026 Page 1 of 14
<br />
|