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CAG2019-509 - Original - Police Department Firearm Management System
,0e*1N Agreement Routing Form 111..7KEN T For Approvals,Signatures and Records Management WASHINGTON ThIs form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: Lynnette Smith Department. IT Date Sent: 12/26/19 Date Required. Authorized Director or Designee Date of 0 N/A S. to Sign: Council Qa Mayor Approval: Budget T20193.63600/63500/6419 Grant? ❑ Yes ✓❑ No Account Number: 0.1800 Type: N/A Vendor Category: Name: Armorerlink g y: License C Vendor . 1896917 Sub-Category Other o Number: o Project E Name: PD Firearm Mgmt System 0 = Project Details: License Agreement/Subscription e d Agreement Basis for 10 Amount: 10,313.94 Selection of Direct Negotiation v11 Contractor: a Start Date: 11/05/18 Termination Date: 11/04/19 Notice required prior to disclosure? 11 Yes No Contract Number: Date Received by City Attorney: Comments: 171 c 3 0 ioc N 41 3 10 Date Routed to the Mayor's Office: in _d Dot)--Routed to the City Clerk's Office: d cc D e Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 ArmorerLink® LEGAL NOTICE AND LICENSE AGREEMENT The ArmorerLink service is offered and provided by Armorer Link, a division of Ganete Solutions, Inc. All material at www.armorerlink.com ("content") is subject to U.S. and international copyright law. ArmorerLink® is a United States Federal registered trademark. Each page is subject to this Copyright and Legal Terms page, as well as the copyright notice(s) and any additional conditions the page contains. You may display or print content, or save it to electronic or magnetic storage, for your own use only. You may link to pages at www.armorerlink.com provided that you do not misrepresent the nature, content, or source of the linked pages. You may republish pages from www.armorerlink.com on the following terms: a. The republication must be for non-commercial purposes. b. You may not alter the content, and you must include all authorship notices or attributions that are contained in the page. c. If the page includes links to pages at www.armorerlink.com other than this one, you must either link to or include those pages in the republication as well. d. If republication occurs electronically, you must include (or include a link to) this page. e. If republication occurs in printed form (for example, in a book or newsletter), you must include the following notice: Copyright© 2013-2018 by Armorer Link All Rights Reserved Originally published at www.armorerlink.com For other uses, please contact us. CONTENT IS PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. YOU USE IT AT YOUR OWN RISK. Neither Armorer Link, nor any content contributor will be liable for damages, which you, or anyone else, directly or indirectly suffer because you visit www.armorerlink.com. Content about Armorer Link, products and services is for informational purposes only and does not constitute binding specifications or representations relating to them. Page 1 of 11 Armorer Link Legal Notice and License Agreement Revised 10-01-2018 This site includes links to non-Armorer Link web sites. When you click on a link to one of those sites, Armorer Link is not responsible for the consequences. What you find there is not under our control, and is not our responsibility. We strongly believe in respecting copyright and other intellectual property rights. Material that infringes the intellectual property rights of any person will not be permitted at this site. If you become aware of such material, please contact us so that we may take appropriate action. AGREEMENT This Agreement between you and Armorer Link ("Armorer Link") governs your use of the Armorer Link Software as a Service application ("Service") and the related equipment ("Equipment") and client software and updates ("Software") that Armorer Link provides you in connection with the Service (together, "Products"). Additional terms are stated at the Armorer Link web site, www.armorerlink.com and are incorporated by reference. Updates to this Agreement and those terms will be effective 30 days after they are published on the Web Site; you may elect not to accept an update by canceling your subscription to the Service. 1. The Service 1.1 Subject to this Agreement and your timely meeting of the financial terms, including payment of applicable fees and charges, stated on the web site where you activated your subscription to the Service, Armorer Link grants you a personal, non-exclusive, and non-transferable license to access and use the Service for your internal use on your own behalf and not for the benefit of any third party. The Service will be available to you 24 hours per day via Internet access, other than for interruptions due to service maintenance and upgrades, system failure, system back-up and recovery, and for causes beyond 's control. Armorer Link may cancel this Agreement and the Service by sending notice to your email address on file not less than 30 days before the discontinuation date. 1.2 Depending on your Service configuration, you will be required to provide your own mobile devices and to download and install the Software. The Software is licensed to you subject to any terms and conditions presented when you downloaded it from a source authorized by, as well as those contained in this Agreement. If there is a conflict, this Agreement will control. You are licensed to use the Software only with the Service, and your license will end when your subscription to the Service ends. The Software is copyrighted and licensed, not sold, and is Armorer Link's confidential and unpublished information, or that of Armorer Link's licensors. You will retain any copyright notices and proprietary legends on all copies of the Software and the media on which it is delivered. Any attempt to transfer the Software is void and will automatically cause your license to end. Page 2 of 11 Armorer Link Legal Notice and License Agreement Revised 10-01-2018 1.3 You are licensed to possess and use only the object code form of the Software. Except as this Agreement expressly permits, you may not (a) use, copy, modify, publish, or display the Software; or (b) disclose, rent, loan, or transfer it to any other party. You may not reverse engineer the Software or derive a source code equivalent of it other than as authorized by statute. You are not licensed to use the Software in conjunction with software or hardware other than that authorized by Armorer Link, and Armorer Link does not warrant that the Service will be compatible with your hardware. Use of hardware that has been modified contrary to the manufacturer's specifications or guidelines, including modifications that disable hardware or software controls (e.g., "jail breaking"), is expressly prohibited, and your use of such hardware will entitle Armorer Link to terminate this Agreement and access to the Services immediately, without further obligation to you. Your license will automatically end if you fail to comply with any part of this Agreement. When your license ends, you will immediately stop using the Software and will destroy all copies unless Armorer Link directs otherwise. 1.4 You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our other products ("Ideas"). By submitting any Idea, you acknowledge that your disclosure is gratuitous, unsolicited, and without restriction; that it will not place Armorer Link under any fiduciary or other obligation; and that Armorer Link is free to use the Idea without any additional compensation to you, or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Armorer Link does not waive any rights to use similar or related ideas previously known to Armorer Link, or developed by its employees, or obtained from sources other than you. 2. Armorer Link Responsibilities 2.1 Your monthly subscription fee includes support during the term of this Agreement for Armorer Link Firearm Management System (ALFMS) including: 2.1.1 Desktop and Mobile Applications 2.1.2 User Manual .PDF Download 2.1.3 Training Tutorial Videos for Entire Program 2.1.4 Unlimited Online Training with Live Instructor 2.1.5 Software Support by Email and/or Telephone M-F 08:00- 17:00 PST 2.1.6 Server Infrastructure Supported 24x7x365 2.1.7 Quarterly Software Updates 2.1.8 Data Storage 2.1.9 Daily Data Backup 2.1 .10 Customer Service Live Operator 24x7x365 Toll Free (800) 571-0753 2.1 .11 Equipment warranty support on the terms stated at the Web Site Page 3 of 11 Armorer Link Legal Notice and License Agreement Revised 10-01-2018 2.2 Armorer Link will use commercially reasonable efforts to provide you with seven days' advance notice of any scheduled downtime and will notify you as soon as reasonably possible of any significant disabling of the Services for security reasons. 3. Your Responsibilities 3.1 You are responsible for installing, configuring, and using the Service, Software, and Equipment, including account set up, configuration settings, compliance with applicable laws and regulations (including those related to data privacy), and establishing any credit card processing or other services. 3.2 To use the Service, you must maintain Internet access at your own expense. Armorer Link is not responsible for and does not warrant the performance of any Internet service or other provider or its services, and you agree that Armorer Link has no liability to you for such performance or services. 3.3 Title to hardware, software, systems, documentation, and other intellectual property used by Armorer Link to provide the Services will remain with Armorer Link or its licensors, unless otherwise agreed in writing. You will take reasonable actions to protect Armorer Link's intellectual property rights. You will use all reasonable efforts to prevent any unauthorized access to, or use of, the Services, the Software, or their documentation and you will promptly notify Armorer Link if any such unauthorized access or use occurs. 3.4 This agreement applies only to the United States, and all Services performed in the United States, regardless of where the end user of the Service is located. If you or your customers are located outside the United States, you will take all actions necessary to comply with the laws and regulations of all relevant countries. 4. Data and System Security 4.1 Armorer Link has implemented physical, technical, and organizational measures designed to secure Personal Information (as defined in Section 9) from unauthorized access, use, alteration, or disclosure. Armorer Link will: (a) maintain an appropriate level of physical security controls over its data center including, but not limited to, appropriate alarm systems, fire suppression, and access controls (including off-hour controls); (b) periodically test its systems for security breach vulnerabilities; (c) use commercially reasonable efforts to protect its systems from unauthorized access, including the use of firewall and data Armorer Link option technologies as applicable; and (d) maintain safety and physical security procedures with respect to its access and maintenance of your data which are materially consistent with general industry practice. Notwithstanding the foregoing, you acknowledge that Armorer Link cannot guarantee Page 4 of 11 Armorer Link Legal Notice and License Agreement Revised 10-01-2018 that unauthorized third parties will never be able to defeat those measures or use Personal Information for improper purposes and that you provide Personal Information to Armorer Link at your own risk. 4.2 "Customer Data" means Personal Information relating to your employees or end users. Customer Data is your Confidential Information and will remain your property. Armorer Link will not disclose Customer Data to any third party without your consent, but you acknowledge that Customer Data and your other Confidential Information may be subject to regulation and examination by auditors and regulatory agencies with oversight of your business, and Armorer Link may disclose it to them upon their request. You are responsible for all Customer Data, including its legality, reliability, integrity, accuracy, and quality. You will determine whether any privacy laws, regulations, or other legal duties apply to Customer Data and will implement appropriate measures to ensure compliance. You warrant that you have obtained and will maintain all authorization from all parties (including customers and end users) necessary for Armorer Link to provide the Service without violating any law or regulation, and you will not use the Service in any manner that would violate a law or regulation. 4.3 Armorer Link may retain, disclose, and use Transaction Data which it creates in the course of the Services and which may be based upon Customer Data. "Transaction Data" is anatomized or aggregated data that has had all personally identifiable information removed. 4.4 You acknowledge that it is your responsibility to secure and protect your data. 4.5 You acknowledge that Armorer Link does not control the transfer of data over telecommunications facilities, and that use of or connection to the Internet is inherently insecure and provides opportunity for unauthorized access by third parties. Armorer Link will not be responsible for any delays, delivery failures, or any other loss or damage resulting from such transfer. Armorer Link does not warrant that third-party Internet sites will be accessible without interruption, will meet your requirements or expectations or those of any third party, or will be free from errors, defects, design flaws, or omissions. All data backup and recovery are your responsibility. You will follow Armorer Link's password security guidelines, and you will guard passwords against misuse. Armorer Link may direct you to change the password to one that is more secure. 4.6 You will not use, nor will you permit any third party to use, the Services to upload, post, or otherwise transmit any data that: (a) is deceptive, misleading, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of others' privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) is harmful to minors in any way; (c) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (d) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (e) constitutes unsolicited or Page 5 of 11 Armorer Link Legal Notice and License Agreement Revised 10-01-2018 unauthorized advertising or promotional materials, including but not limited to junk mail, spam, chain letters, and pyramid schemes; (f) is designed to access or monitor any material or information on any Armorer Link system using any manual process or robot, spider, scraper, or other automated means; (g) violates privacy or other laws; or (h) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, impose an unreasonable or disproportionally large load on, or limit the functionality of any computer hardware or software, or telecommunications equipment. You will defend and hold Armorer Link harmless from any claim or loss resulting from your failure to comply with this section. 4.7 With respect to any Armorer Link computer system, network, or service, you agree not to: (a) impersonate any person or entity; (b) forge headers or otherwise manipulate identifiers in order to disguise the origin of any data; (c) develop or deploy restricted access pages or hidden pages or images (i.e., those not linked from another accessible page); (d) interfere with or disrupt Armorer Link websites, servers, systems, or networks; (e) violate any applicable law or regulation; (f) stalk or otherwise harass another; (g) use, or attempt to use, any system or account without the owner's permission; or (h) interfere with, defeat, or circumvent any security function. You will defend and hold Armorer Link harmless from any claim or loss resulting from your failure to comply with this section. 5. Warranties 5.1 Armorer Link warrants that the Service and Software will be materially as described and published. Provided that you have timely paid all subscription and other fees due, Armorer Link will promptly at its expense correct any Service or Software that fails to materially conform to this warranty. If Armorer Link is unable reasonably to do so, as your sole remedy you may terminate the Service by giving written notice to Armorer Link within 30 days after the non-conformance. You will pay Armorer Link for all Services actually provided through the termination date. Equipment is warranted against defects in manufacture and at Armorer Link sole discretion, Armorer Link will replace or refund the purchase price of nonconforming Equipment. Warranty claims must be submitted in accordance with the terms stated at the Web Site. These are the sole and exclusive warranties made by Armorer Link There are no warranties of merchantability or fitness for a particular purpose. There are no other warranties or warranty remedies, oral or written, express or implied. 5.2 You warrant that: (a) you are at least eighteen years of age; (b) you are eligible to register and use the Service and have the right, power, and ability to enter into and perform under this Agreement; (c) the name you identify when you register is your real name or the business name under which you sell goods and services; (d) any sales transaction you submit will represent a bona fide sale by you, will accurately describe the goods or services sold and delivered to a purchaser, and will be properly reported Page 6 of 11 Armorer Link Legal Notice and License Agreement Revised 10-01-2018 for tax (including sales and ad valorem tax) purposes; and (e) you will fulfill all your obligations to each customer for which you submit a transaction and will resolve any consumer dispute or complaint directly with the purchaser. 6. Infringement Claims 6.1 Armorer Link will, at its expense, defend you against any intellectual property ("IP") Claim. Armorer Link will also pay the damages, costs, and attorneys' fees that are awarded against you in a final, non-appealable court judgment for the IP Claim, or required to be paid by you or on your behalf in a settlement of the IP Claim that Armorer Link has agreed to in writing. As used in this Section 6, an "IP Claim" means a suit brought against you by a third party to the extent the suit alleges that your use of a Product provided to you by Armorer Link infringes a patent or copyright of the third party. 6.2 Armorer Link's obligations under an IP Claim are subject to you: (a) providing prompt written notice that the IP Claim has been threatened or brought, whichever is sooner (the "Claim Notice"); (b) providing Armorer Link sole control of the defense, appeal, and/or settlement of the IP Claim; (c) cooperating with respect to the defense, appeal, and/or settlement of the IP Claim; (d) providing requested documentation and information relevant to the IP Claim or its defense, appeal, and/or settlement; and (e) complying with all court orders. If delay in providing the Claim Notice causes detriment to Armorer Link with respect to the defense or resolution of the IP Claim, the obligations set forth in Section 6.1 will not apply to the IP Claim. Notwithstanding any other provision of this Agreement, Armorer Link is not responsible for any fees (including attorneys' fees), expenses, costs, judgments, or awards that are incurred prior to its receipt of the Claim Notice. Armorer Link will have the sole right to select counsel. You may, at your sole expense, engage additional counsel of your choosing for purposes of conferring with Armorer Link's counsel. 6.3 The obligations set forth in Section 6.1 will not apply to an IP Claim if the alleged infringement is based on, caused by, or results from (a) Armorer Link's compliance with your designs, specifications, or instructions; (b) modification of the Product other than by Armorer Link; (c) any product or service not provided by Armorer Link to you; or (d) combination or use of the Product with any product or service not provided by Armorer Link to you. 6.4 If an intellectual property infringement allegation is brought or threatened against the Product, or Armorer Link believes that such an allegation may be brought or threatened, Armorer Link may obtain a license for the Product; modify the Product; or replace the Product with a product having substantially the same functionality. If Armorer Link in its discretion determines that none of the foregoing is available on a reasonable basis, upon Armorer Link's written notice to you: (a) Armorer Link may cease delivering the Page 7 of 11 Armorer Link Legal Notice and License Agreement Revised 10-01-2018 Services and refund any amount that you have pre-paid for Services not yet delivered; and (b) you will promptly return any Software or Equipment to Armorer Link, and Armorer Link will refund the price you paid Armorer Link for that Software or Equipment, less depreciation on a five-year straight-line basis. 6.5 This Section 6 sets forth Armorer Link's entire obligations and your exclusive remedies with respect to any IP Claim or any intellectual property infringement. 7. Mutual Liability Limitations 7.1 Neither party will be liable to the other, whether in an action in contract, tort, product liability, strict liability, statute, law, equity, or otherwise arising under or related to this Agreement: for any indirect, incidental, consequential, special, or punitive damages; for loss of profits or revenue (other than in an action by Armorer Link to recover payment of a price owed); or for loss of time, opportunity, or data. Neither party will be liable to the other for any amount greater than the cumulative purchase price, fees, and charges paid for the Products at issue. As used in this Section 7, a "party" includes a party to this Agreement and its affiliates, employees, agents, contractors, and suppliers when acting in that capacity with respect to the Products, and any persons or entities claiming by or through a party to this Agreement. 7.2 Section 7.1 will not limit a party's liability for direct damages for personal injury, including death, to the extent caused by its negligence or willful misconduct; or its liability for direct damages resulting from violating the other's intellectual property rights or intentionally breaching Section 9; or a party's obligation to defend, hold harmless, or indemnify the other under Sections 4.6, 4.7, or 6. A party will be liable for physical damage to real or tangible personal property to the extent caused by its negligence or willful misconduct, but its liability will be limited to one million dollars per occurrence (such limitation applying collectively to all persons or entities defined as a "party" in Section 7.1). 7.3 Each clause and phrase of this Section 7 is separate from each other clause and phrase, and from the remedy limitations and exclusions elsewhere in this Agreement, and will apply notwithstanding any failure of essential purpose of a remedy, any termination of this Agreement, or severability of any clause or phrase in this Agreement. 8. Third Party Products Your rights to use any Product bearing the logo or copyright of a third party provided to you by Armorer Link is as stated on any agreement provided with them. You acknowledge and agree that all third-party Products are provided "as-is" without a warranty from Armorer Link Accordingly, Armorer Link expressly disclaims all warranties Page 8 of 11 Armorer Link Legal Notice and License Agreement Revised 10-01-2018 of any nature with respect to any third-party Products, whether oral or written, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of any third-party rights. 9. Confidentiality. 9.1 "Confidential Information" is proprietary information disclosed by one party to the other related to the disclosing party, this Agreement, or the Products. As it applies to the Products, input data you provide to Armorer Link and all Personal Information (as defined below) are considered Confidential Information. In addition, business plans, pricing information, software in human-readable form, and any other information that, by its nature or on its face, reasonably should be understood by the receiving party to be confidential are considered Confidential Information whether or not marked as such. Other Confidential Information disclosed in documents or other tangible form must be clearly designated, labeled or marked as confidential or its equivalent at the time of disclosure, and Confidential Information disclosed in oral or other intangible form must be identified as confidential at the time of disclosure, and summarized in tangible form marked as confidential and delivered to the recipient within 10 days after disclosure. "Personal Information" is information relating to an identified or identifiable individual and includes information relating to identification (including age, gender, social security number, address, telephone number, email address, and other contact information), finances, employment, or health that is subject to confidentiality obligations under any applicable law or regulation. 9.2 Confidential Information does not include information that is or becomes available without restriction through no wrongful act. 9.3 All Confidential Information remains the disclosing party's property. Upon the disclosing party's request, all Confidential Information (other than materials that have been licensed to the recipient and with respect to which the recipient is in full compliance with its obligations) will be destroyed or returned to the disclosing party, less a single archival copy which may be used only for the purpose of business discussions with the other party addressing compliance issues or disputes related to that Confidential Information. 9.4 Each party will use reasonable efforts to prevent the disclosure of the others Confidential Information to third parties and its employees who do not have a need to know. Confidentiality obligations under this Agreement with respect to Personal Information, your data, customer information, financial records, business plans, and software in human-readable form will continue indefinitely. Otherwise, confidentiality obligations under this Agreement will end three years after the date of disclosure. Page 9 of 11 Armorer Link Legal Notice and License Agreement Revised 10-01-2018 9.5 Either party may disclose Confidential Information to its accountants, lawyers, and other professional advisers; and to its affiliates, consultants, and contractors who have a need to know it to further permitted use of the Services; provided that each agrees in writing to confidentiality obligations consistent with this Agreement, including its intellectual property and confidentiality provisions. Each party is an intended third party beneficiary of any such agreement and will have the right to directly enforce it. 10. Governing Law; Disputes. 10.1 State of Oregon law governs this Agreement, and the relationships created by it, except for its laws regarding conflicts of law and arbitrability; the Federal Arbitration Act will govern all issues of arbitrability. Neither party may bring a claim more than two years after the underlying cause of action first accrues. 10.2 Each party agrees to give the other prompt written notice of any claim, controversy, or dispute arising under or related to this Agreement, and both parties agree to engage in good faith discussions to resolve the matter. If that fails to resolve the matter promptly, either party may request the other to participate in mediation before a mutually agreed mediator. Any controversy, claim, or dispute which is not resolved through the procedures set forth above within 60 days (or such longer period as the parties may agree) will be resolved by arbitration before a sole arbitrator who is an attorney, under the then-current Commercial Arbitration Rules of the American Arbitration Association. The duty and right to arbitrate will extend to any employee, officer, director, shareholder, agent, or Affiliate, of a party to the extent that right or duty arises through a party or is related to this Agreement. The decision and award of the arbitrator will be final and binding, and the award rendered may be entered in any court having jurisdiction. The arbitrator is directed to hear and decide potentially dispositive motions in advance of a hearing on the merits by applying the applicable law to uncontested facts and documents. The arbitration will be held in the City of Hillsboro, State of Oregon. This Section 10.2, and the obligation to mediate and arbitrate, will not apply to claims for misuse or infringement of a party's intellectual property or Confidential Information, or collection of sums owed to Armorer Link under this Agreement. A party may at any time seek an injunction or other equitable relief in aid of arbitration. The arbitrator will not have authority to award punitive damages, non- compensatory damages, or any damages other than direct damages, or have authority to award direct damages inconsistent with the limitations and exclusions set forth in this Agreement. 11. General Terms. 11.1 Except for your obligation to make payments when due, neither party will be liable Page 10 of 11 Armorer Link Legal Notice and License Agreement Revised 10-01-2018 for failing to fulfill its obligations due to acts of God or government, civil commotion, military authority, war, riots, terrorism, strikes, fire, or other causes beyond its reasonable control. 11.2 Except as permitted by this Section 11.2, neither party may assign this Agreement or its rights or obligations under it without the express consent of the other party. Armorer Link may use affiliates, contractors or suppliers to act on its behalf(but doing so will not alter Armorer Link's obligations to you, and those parties will be bound to the same confidentiality obligations as Armorer Link), and may assign this Agreement to its parent, subsidiary, or other affiliated company, or to an assignee or transferee upon Armorer Link's entry into a merger, consolidation or sale of assets transaction. In this Agreement, references to "Armorer Link" include its employees, contractors, and agents. 11.3 The parties are independent contractors to one another. Employees of one will not be deemed to be or act as employees or other representatives of the other. A party will not be responsible for compensating; providing insurance or benefits; making unemployment, Social Security or Medicare contributions; or withholding taxes or other withholdings against earnings of the other's employees or contractors. 11.4 If any provision of this Agreement is held to be illegal, invalid, or unenforceable in whole or in part, it will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remaining provisions will remain in full force and effect. Terms intended by the parties to survive termination of this Agreement will survive termination. Failure to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. C�:� ) ArmorerLink° A Division of Ganete Solutions, Inc. 4660 NE Belknap Court Suit 101 Hillsboro, OR. 97124 U.S.A. (800) 571-0753 www.armorerlink.com Copyright©2018 ArmorerLink All rights reserved. Page 11 of 11 Armorer Link Legal Notice and License Agreement Revised 10-01-2018 ArmorerLink® Privacy Statement This privacy policy discloses the privacy practices for (www.armorerlink.com). This privacy policy applies solely to information collected by this web site. It will notify you of the following: 1. What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared. 2. What choices are available to you regarding the use of your data. 3. The security procedures in place to protect the misuse of your information. 4. How you can correct any inaccuracies in the information. Information Collection, Use, and Sharing We are the sole owners of the information collected on this site. We only have access to collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy. Your Access to and Control Over Information You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website: • See what data we have about you, if any. • Change/correct any data we have about you. • Have us delete any data we have about you. • Express any concern you have about our use of your data. Security We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for"https" at the beginning of the address of the web page. Page 1 of 3 Armorer Link Privacy Statement Revised 10-01-2018 While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment. Registration In order to use this website, a user must first complete the registration form. During registration, a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required. Orders We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you. Cookies At our sole discretion, we may or may not use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site. Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies. Sharing We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order. We partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services. Page 2of3 Armorer Link Privacy Statement Revised 10-01-2018 Links This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information. Surveys & Contests From time-to-time our site may request information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. Updates Our Privacy Policy may change from time to time and all updates will be posted on this page. If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at (800) 571- 0753 or email info(barmorerlink.com C�:� ) - ArmorerLink' A Division of Ganete Solutions, Inc. 4660 NE Belknap Court Suit 101 Hillsboro, OR. 97124 U.S.A. (800) 571-0753 www.armorerlink.com Copyright © 2018 ArmorerLink All rights reserved. Page 3 of 3 Armorer Link Privacy Statement Revised 10-01-2018 ArmorerLink@ Shipping and Return Policy This policy discloses the shipping and return practices for products and services sold by ArmorerLinkTM (A Division of Ganete Solutions, Inc.) Shipping 1. Free Standard Shipping with any online purchase of$30 (merchandise subtotal is calculated before sales tax and after promotion discounts); 2. Shipping surcharges on over-sized or extremely heavy items will still apply (these charges are indicated on the appropriate product information pages and will be displayed in the shipping subtotal of your order); 3. Orders typically arrive within 3-7 business days. Items shipped directly from the vendor or to Alaska and Hawaii have longer delivery lead times. This offer does not apply to international or Puerto Rico; 4. We do not ship internationally at this time. We currently offer two shipping options within the United States: 1. Products qualifying for Free Shipping will be identified with "Free Standard Shipping". 2. If you select a shipping method other than Standard, shipping and handling charges will apply. The cost for shipping is calculated by weight, size and destination. The cost of handling is calculated at a $10 flat rate per order. How we ship Parcel — Your shipment will arrive via one of three carriers: • Federal Express (FedEx) • United Parcel Service (UPS) • United States Postal Service (USPS) Unless requested by the carrier, we do not require a signature for delivery. If you are not able to receive a parcel, a note will be left with directions on how to receive your order. Help is always available at (800) 571-0753 or sales(a)armorerlink.com Page 1 of 3 Armorer Link Shipping and Return Policy Revised 10-01-2018 Packages damaged in shipment All items are securely packaged for shipping, and we take the utmost care using packaging materials specified by the shipping companies. If you suspect the package has been damaged in shipment: 1. Do not accept it from the carrier. 2. Write "Refused Due to Damage" on the package. 3. Once returned to us, you will promptly receive a full refund or replacement. Items damaged in shipment Upon opening your package and finding damaged items, please: 1. Keep the original box and all packaging the items were shipped in. 2. Contact us via email sales(a-)armorerlink.com 3. We will provide you with a Return Merchandise Authorization (RMA) number by email. 4. Include a copy of the RMA email with the damaged item(s) shipment 5. Ship the damaged items to: ArmorerLink 4660 NE Belknap Court, Suite 101 Hillsboro, Oregon 97124 Note: All damaged items must be returned to us within 15 days and prior to a replacement being shipped. All other product returns If you are not 100% satisfied with your purchase from ArmorerLink, you have 30 days from date of purchase to return the purchase. Please follow these steps to return your order: 1. Keep the original box and all packaging the items were shipped in. 2. Contact us via email sales(o)armorerl ink.com 3. We will provide you with a Return Merchandise Authorization (RMA) number by email. 4. Include a copy of the RMA email with the damaged item(s) shipment 5. Ship the damaged items to: ArmorerLink 4660 NE Belknap Court, Suite 101 Hillsboro, Oregon 97124 Page 2 of 3 Armorer Link Shipping and Return Policy Revised 10-01-2018 Note: Depending on circumstances and specific product, a restock charge may be assessed. If applicable, the restock charge will be indicated when the RMA number is issued. Shipping and service charges cannot be refunded. Professional services cancellation refunds To cancel a scheduled training notify us by email at: sales(a-).armorerlink.com no less than 30 days prior to the scheduled training date for a full refund. After 30 days, the following refund schedule applies: Days of advanced notice cancellation Refund Percentage 30 days or more 100% 20 days 66% 10 days 33% Less than 7 days 10% C�M� ArmorerLink" A Division of Ganete Solutions, Inc. 4660 NE Belknap Court Suit 101 Hillsboro, OR. 97124 U.S.A. (800) 571-0753 www.armorerlink.com Copyright © 2018 ArmorerLink All rights reserved. Page 3of3 Armorer Link Shipping and Return Policy Revised 10-01-2018 ArmorerLink Quote 4660 NE Belknap Court, Suite 101 Hillsboro, OR 97124 C�:�D (800) 571-0753 tana.ganete@armorerlink.com ArmorerLi n k0 www.armorerlink.com ADDRESS SHIP TO Mr. Matt Johnson Mr. Matt Johnson Kent Police Department Kent Police Department 220 Fourth Avenue S. 220 Fourth Avenue S. Kent, Washington 98032 Kent, Washington 98032 QUOTE# DATE EXPIRATION DATE 16883 09/20/2018 11/15/2018 DESCRIPTION QTY RATE AMOUNT ArmorerLink Firearm Management System Annual Subscription 101-250 1 4,800.00 4,800.00 Users Desktop and Mobile Applications for Android and iOS User Manual .PDF Download Training Tutorial Videos for Entire Program Unlimited Online Training with Live Instructor Software Support by Email and/or Telephone M-F 08:00- 17:00 PST Server Infrastructure Supported 24x7x365 Quarterly Software Updates Data Storage Daily Data Backup Customer Service Live Operator 24x7x365 Toll Free (800) 571-0753 Subtotal: 4,800.00 Honeywell Xenon 1900GHD 2D HD Barcode Scanner Kit 2 439.65 879.30 Honeywell 1900GHD 2D Barcode Scanner 2 391.76 Honeywell Xenon 1900GHD Cable USB 2 15.96 Honeywell 1900GHD Gray 22cm Flex Stand 2 31.93 Socket Bluetooth Scanner D750 2 670.83 1,341.66 Socket Charging Cradle 2 89.20 178.40 Subtotal: 2,399.36 Small Asset Label Artwork and Die Setup 1 86.25 86.25 Large Asset Label Artwork and Die Setup 1 86.25 86.25 Mil-Spec. Aluminum Asset Label Small 1,500 1 973.25 973.25 DESCRIPTION QTY RATE AMOUNT Mil-Spec. Aluminum Asset Label Large 1,500 1 983.25 983.25 Subtotal: 2,129.00 On-site Training and Implementation 8 Hour Day 1 1,475.00 1,475.OQ"\� Prices Include Shipping SUBTOTAL 10,803.36 FEIN: 81-4200279 DISCOUNT 13% 4.44 TOTAL $9,398.92 2018 FBI National Academy Conference Promotion Discount 13% Accepted By Accepted Date v� AA ArmorerLink Invoice 4660 NE Belknap Court, Suite 101 Hillsboro,OR 97124 CM a (800)571-0753 tana.ganete@armorerlink.com SCANNED , Arm o re rL i n kJ www.armorerlink.com NOV 13 2018 BILL TO NIP TO City of Kent 'i � C .. ity of Kent Accounts Payable _. Information Technology 220 4th Avenue South 400 West Gowe Street Suite 122 Kent,WA 98032 Kent,WA 98032 INVOICE# DATE _ ' TOTAL DUE DUE DATE TERMS ENCLOSED 1804126 11/07/2018 $915.02 1210712018V Net 30 P.O. CUSTOMER NO. 148775 06159 DESCRIPTION CITY RATE AMOUNT 11/07/2018 Local, City and State Taxes 1 915.02 915.02 Prices Include Shipping BALANCE DUE $915.02 FEI N: 81-4200279 APPROVED PnOVED DATE: Il BY:__�DATE: 1 i� �' ArmorerLink Invoice- 4660 NE Belknap Court,Suite 101 x - Hillsboro, OR 97124 " C 64 (800)571-0753 -- � tana.ganete@armorerlink.com ArmorerLink w CANNED , ww.armoredink.com ,' BILL TO NOV 13 SHIP TO City of Kent �TA AATT City of Kent Attn: l l Accounts Payable l, ANCE-A/r Attn: Information Technology 220 4th Avenue South 400 West Gowe Street Ste. 122 Kent, WA 98032 Kent, WA 98032 INVOICE 0 DATE TOTAL DUE DUE DATE TERMS ENCLOSED 1804125 11/07/2018 $9,398.92 12/07/2018 Net 30 SHIP DATE SHIP VIA TRACKING NO. ACCOUNT MGR. P.O. CUSTOMER NO. 1110712018 UPS Pending Joe D.Ganete 148775 06159 DESCRIPTION QTY: RATE AMOUNT Armorerl-ink Firearm Management System Annual Subscription 1 4,800.00 4,800.00 101-250 Users Desktop and Mobile Applications for Android and iOS User Manual .PDF Download Training Tutorial Videos for Entire Program Unlimited Online Training with Live Instructor Software Support by Email and/or Telephone M-F 8-5 PST Server Infrastructure Supported 24x7x365 Quarterly Software Updates Data Storage Daily Data Backup Customer Service Live Operator 24x7x365(800)571-0753 Subtotal: 4,800.00 Honeywell Xenon 1900GHD 2D HD Barcode Scanner Kit 2 439.65 879.30 Honeywell 1900GHD 2D Barcode Scanner 2 391.76 Honeywell Xenon 1900GHD Cable USB 2 15.96 Honeywell 1900GHD Gray 22cm Flex Stand 2 31.93 Socket Bluetooth Scanner D750 2 670.83 1,341.66 Socket Charging Cradle 2 89.20 178.40 Subtotal: 2,399.36 Small Asset Label Artwork and Die Setup 1 86.25 86.25 Large Asset Label Artwork and Die Setup 1 86.25 86.25 Mil-Spec. Aluminum Asset Label Small 1,500 1 973.25 973.25 Mil-Spec.Aluminum Asset Label Large 1,500 1 983.25 983.25 DESCRIPTION QTY. RATE AMOUNT Subtotal: 2,129.00 On-site Training and Implementation 8 Hour Day 1 1,475.00 1,475.00 Prices Include Shipping SUBTOTAL 10,803.36 FEIN: 81-4200279 DISCOUNT 13% -1,404.44 TOTAL 9,398.92 BALANCE DUE $9,398.92/ nOVED t. DATE: I BY: DATE: O 00 O N 0 N o 't o w Ln LO O v C�jp r; � r� rr 07 O 0')w N C Ld M O) M O r d7 O H r• C O rp O Cl) M M M M O O O O M M co co m co co m m U) C C r O OM (0 O LO m LO LO O .. 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