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h ,e + v <br />II w ' IM � , i� h , . • � ,. NN IM II ,� 1 • <br />7tI S 'I"EM (-CINFfiALI1 A"r[QN N ',,S C1 <br />LEVELS. <br />As regards to System configuration, subject to the <br />Customer's compliance with its obligations hereunder, and <br />to the disclaimers and limitations set forth in Exhibit B, and <br />in Sections 5(C), 6, 7,13 and 1,5 of this ,Agreement, we agrm <br />to provide the service levels set forth itr Exhibit B, attached <br />hereto. <br />.'. (Y III R WARRANJY. SST warrants that the Service, <br />Data and Software shall be free of viruses, Trojan horses, <br />worms, spyware, or other malicious code or components. <br />The limited exclusive warranties expressly stet <br />forth in this Agreement are the only warranties <br />nxade to you and are provided in lieu of any other <br />warranties (if any) created by any doclunarentation <br />or packaging, or otherwise express or implied. <br />These limited exclusive warranties give you <br />specific legal rights, and you may also have other <br />rights which va ry byjurisdiction. <br />d« 't tlIdtR During the term of the Services, SST <br />will make commercially reasonable efforts to promote <br />Customer's successful utilization of the Service, including <br />but not limited to pro0ding Customer with user guides, <br />online help, online training 'pa esentration, and online <br />training sessions (as available). SST will provide reasonable <br />e.fforts to respond via entail to requests for support relating <br />to incident classification within 8 hours of the, request, <br />reports shall not be generated nor provided to Customer until <br />Customer becomes current with its payment obligations. <br />I,-. M!UJK " r.I" NE.S.a RVIQFr�,. SST offers <br />reasonable expert witness services. The Customer will be <br />responsible for all travel and per diem reimbursement. At <br />the specific request of the customer, SST will provide <br />individual(s) for the purposes of expert witness testimony <br />for any ShotSpotter detected incidents, including Reviewed <br />Alerts, for which the incident information is deemed by the <br />customer to be valuable to the customer's prosecutorial <br />requirements. Customer understands that SST undertakes <br />to provide individuals whose qualifications are sufficient for <br />such services, but does not warrant that any person or his or <br />her opinion will be accepted by every court. SST requires at <br />least fourteen (14) days prior notice of such a requirement in <br />writing from the Customer. Customer must include dates, <br />times, specific locations and a point of contact for SST <br />personnel. Due to the nature of legal proceedings, SST <br />cannot guarantee that its services described in this section <br />shall produce the outcome, legal or otherwise, which <br />Customer desires. Payment for expert witness services <br />described shall be due and payable when services are <br />rendered regardless of the outcome of the proceedings. <br />B.:.�ILRIt RE�"+lE"'iA <br />A. I"Ii,RA AND CCII' Il''dLWi"pMEN''. The Service term <br />shall be specified in the Purchase Document and will <br />commence on the date that the Service is available to the <br />Customer via the Alert Console. <br />B. RENEWAL. The Service may be renewed for successive <br />In addition, SST will use commercially -reasonable efforts to <br />periods of one year each, in accordance with the following <br />respond to other support requests within 24 hours of receipt <br />procedure. Not later than thirty (go) days prior to the <br />of the request during the period of 8am to 5 pin i't Onday <br />expiration of the Service term then in effect, Customer shall <br />through Friday. The e-mail support specialist shall he <br />issue a purchase and tender payment in full for the next <br />responsible for receiving Customer reports of Missed <br />annual r erlewal ,(unless otherwise agreed in writing by SST), <br />incidents, or errors in the Service, and, to the extent <br />a;ud the ter as shall be renewed for another year. SST shall <br />practicable over email or telephone, making corntnerci,ally- <br />provide Customer witl°°r renewal fees, tears and conditions <br />reasonable efforts to assist the Customer in resolving the <br />for the next successive renewal terra upon Customer's <br />Customer's reported problerns, In the event the problem <br />request but no later than go days from the expiration date, <br />cannot be resolved telephonically, then SST will use <br />Customer acknowledges that the Service fees,, terms and <br />ccrrrrraieswcially reasoraahle efforts to restore functionality of <br />conditions and service levels hereunder are subject to change <br />the Service to Service specifications within 72 business hours <br />and that such fees, terms and conditions, and service levels <br />of receipt of the report. <br />may vary from those applicable to this Agreement in <br />a . (lt l T : I(', I +�IIQ L" . SST, at the specific request of <br />successive renewal terms. <br />the customer, will produce and provide a reasonable quantity <br />If Customer fails to renew in a timely manner and hence allows <br />of detailed incident forensic reports for any ShotSpotter <br />the Service term to expire then the Service will terminate in <br />detected incidents, including Reviewed Alerts, :if such <br />accordance with Section 2. C. At its discretion, SST array <br />infornaat:ion is dcerned by tine customer to be valuable to tlae <br />remove the ShotSpotter gunshot Location Sysl,em and any <br />customer for investigation follow-up, prosecutorial <br />cerraapoucots from the covenage area at that brine. If SST does <br />requirements, or after action review. <br />not removethe ShotSpotter Gunshot Location Systemfrom the <br />Such reports must be requested a minimum of 5 days in <br />coverage area, Customer may reinstate the Service at a later <br />advance of when needed, and all such requests must be in <br />date by renewing, however Customer will not laaave. access to <br />writing and addressed to the SST Customer Service <br />any Reviewed Alerts that they would have had access to during <br />Department. Customer should expect delivery of these <br />the lapsed period. <br />reports within 5 days after receipt of the request. This benefit <br />sha l l Only be avai lable to Customer if Customer is fully cu rrment <br />with payments due under this Agreement. In the case that <br />Custorner is not current with their payments, then forensic <br />Ccpy69hW 22015 SST, Inc"'M t Bits re Mod, SNASfVWf FW'", S'vetsporNk* UWSpoWa Gunshot 9 xation Sysd�en#) and the SWSpotler bgo are trademarks of SST, Inc" <br />S,5 I arud SIMlrpoWN WX11110 y is US, and fuaorgar btu„eat ,wilt otrrar domestic ar0 fo tgn patents pending. <br />