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`•, SST TM
<br />X' ShlotSpotter_Services Agreement —
<br />Standard Terms, Conditions and Support (Domestic)
<br />B. SYSTEM CONFIGURATION AND SERVICE
<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 15 of this Agreement, we agree
<br />to provide the service levels set forth in Exhibit B, attached
<br />hereto.
<br />C. OTHER WARRANTY. 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 set
<br />forth in this Agreement are the only warranties
<br />made to you and are provided in lieu of any other
<br />warranties (if any) created by any documentation
<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 vary byjurisdiction.
<br />4. SST SUPPORT. 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 providing Customer with user guides,
<br />online help, online training presentation, and online
<br />training sessions (as available). SST will provide reasonable
<br />efforts to respond via email to requests for support relating
<br />to incident classification within 8 hours of the request.
<br />In addition, SST will use commercially -reasonable efforts to
<br />respond to other support requests within 24 hours of receipt
<br />of the request during the period of Sam to 5 pm Monday
<br />through Friday. The e-mail support specialist shall be
<br />responsible for receiving Customer reports of missed
<br />incidents, or errors in the Service, and, to the extent
<br />practicable over email or telephone, making commercially -
<br />reasonable efforts to assist the Customer in resolving the
<br />Customer's reported problems. In the event the problem
<br />cannot be resolved telephonically, then SST will use
<br />commercially -reasonable efforts to restore functionality of
<br />the Service to Service specifications within 72 business hours
<br />of receipt of the report.
<br />A. FORENSIC REPORTS. SST. at the specific reauest of
<br />Me customer, will produce and provide a reasonable quantity
<br />of detailed incident forensic reports for any ShotSpotter
<br />detected incidents, including Reviewed Alerts, if such
<br />information is deemed by the customer to be valuable to the
<br />customer for investigation follow-up, prosecutorial
<br />requirements, or after action review.
<br />Such reports must be requested a minimum of 5 days in
<br />advance of when needed, and all such requests must be in
<br />writing and addressed to the SST Customer Service
<br />Department. Customer should expect delivery of these
<br />reports shall not be generated nor provided to Customer until
<br />Customer becomes current with its payment obligations.
<br />B. EXPERT WITNESS SERVICES. 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 />5. TERM, RENEWAL
<br />A. TERM AND COMMENCEMENT. 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 />periods of one year each, in accordance with the following
<br />procedure. Not later than thirty (3o) days prior to the
<br />expiration of the Service term then in effect, Customer shall
<br />issue a purchase order and tender payment in full for the next
<br />annual renewal (unless otherwise agreed in writing by SST),
<br />and the term shall be renewed for another year. SST shall
<br />provide Customer with renewal fees, terms and conditions
<br />for the next successive renewal term upon Customer's
<br />request but no later than go days from the expiration date.
<br />Customer acknowledges that the Service fees, terms and
<br />conditions and service levels hereunder are subject to change
<br />and that such fees, terms and conditions, and service levels
<br />may vary from those applicable to this Agreement in
<br />successive renewal terms.
<br />If Customer fails to renew in a timely manner and hence allows
<br />the Service term to expire then the Service will terminate in
<br />accordance with Section 2. C. At its discretion, SST may
<br />remove the ShotSpotter Gunshot Location System and any
<br />components from the coverage area at that time. If SST does
<br />not remove the ShotSpotter Gunshot Location System from the
<br />coverage area, Customer may reinstate the Service at a later
<br />date by renewing, however Customer will not have access to
<br />any Reviewed Alerts that they would have had access to during
<br />the lapsed period.
<br />reports within 5 days after receipt of the request. This benefit
<br />shall only be available to Customer if Customeris fully current
<br />with payments due under this Agreement. In the case that
<br />Customer is not current with their payments, then forensic
<br />Copyright® 2015 SST, Inc -. All rights reserved. ShotSpotter Flu-, ShotSpoder@, ShotSpotter Gunshot Location Sysmni and the ShotSpotter logo are trademarks of SST, Inc -
<br />SST and ShotSpotter techno4y is protected by one or more issued U.S. and foreign patents, with other domestic and foregn patents pending.
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