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HomeMy WebLinkAboutFirstTwo, Inc. 2017-01-04FIRSTTWO ARMED VliTH INTELLIGENCE FIRSTTWO SERVICE AGREEMENT COU No. 1617-183 This Service Agreement (this "Agreement") contains the terms and conditions that govern the access and use of the FirstTwo platform. This Agreement constitutes a legally enforceable agreement between the law enforcement agency specified in the signature block below ("Customer") and FirstTwo, Inc. ("FirstTwo") with respect to the use of the Software (as defined below) by Customer. FirstTwo and Customer are sometimes referred to herein individually as a "Party" and together as the "Parties." By either executing a service order referencing this Agreement (an "Order"); installing, copying, downloading or otherwise accessing the Software, electronically accepting this Agreement, or executing this Agreement, Customer agrees to be bound by the terms of this Agreement. If Customer does not intend to be legally bound to the terms and conditions of this Agreement, Customer may not access or otherwise use the Software. This Agreement is effective and Customer agrees to be bound by its terms on the date Customer registers to use the Software or the date set forth on an Order (the "Effective Date"). For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. SCOPE This Agreement covers the licensing of FirstTwo's proprietary software in machine-readable, object code form accessible by Customer via FirstTwo's websites and mobile applications, and any other software provided to Customer by FirstTwo (collectively, the "Software"). 2. LICENSE 2.1 License Grant. Subject to Customer's payment of all amounts due under this Agreement and compliance with all of the terms of this Agreement, FirstTwo grants Customer a limited, non-exclusive, non -transferable, non-sublicensable, revocable license (a "License") during the Term (as defined in Section 14) to authorize up to the number of individual human end users of Customer ("End Users") specified in an Order to access the Software from servers operated by FirstTwo or a third party host or to install and access the Software on official, Customer authorized laptops, workstations, desktops, or devices ("Customer Devices") strictly for internal and official law enforcement purposes. End Users must accept and comply with FirstTwo's Terms of Service available at http;/%w ww.firsttwo.co__m/terms and Customer is responsible for End Users' compliance with such terms. The License(s) granted to Customer under this Agreement are limited to the rights expressly granted herein; FirstTwo expressly reserves all other rights. No other rights are granted and any other use is expressly prohibited. "License" is commonly referred to as a "site license" and allows for use by all agency members. Agency service level is calculated by the number of commissioned officers only. 2.2 Affiliates. Any entity controlled by, controlling or under common control with Customer (an "Affiliate") may purchase Licenses for the Software by separately registering with FirstTwo or submitting an Order, and such Affiliate's use of the Software shall be subject to this Agreement as though such Affiliate were a party hereto. Without limiting the foregoing, Customer shall be responsible for such Affiliate's use of the Software and Services, and Customer shall be jointly and severally liable for any breach of this Agreement by an Affiliate. 2.3 Trials, If Customer is licensing the Software for evaluation purposes (a "Trial License"), the Software shall be used solely for the purposes of testing and evaluating the Software. The Trial Licenses shall be for a limited period from the date Customer is first granted access to the Software under the applicable Trial License(s). The Trial License shall be for a period of thirty (30) days from the date Customer is first granted access to the Software under the applicable Trial License or for such CONFIDENTIAL v2.3 4 other period as agreed between the parties in writing (the "Trial Period"). Customer is solely responsible for taking appropriate measures to back up its systems and for taking other measures to prevent any loss of files or data during the Trial Period. At the conclusion of the Trial Period, Customer may terminate any Trial License immediately upon notice to FirstTwo or, to the extent that Customer wishes to continue to use the Software after the end of the Trial Period, the Trial License(s) may convert to License(s) at pricing and terms to be mutually agreed upon by the Parties. 2.4 Updates. FirstTwo may from time to time provide Customer with bug fixes, corrections, modifications, and updates for the Software remotely and in the same manner as provided to other Customers of the Software during the Term. FirstTwo will use commercially reasonable efforts to minimize the impact to Customer of any scheduled downtime and to provide at least 24 hours prior notice, when practical, if FirstTwo intends to have any downtime exceeding one hour. 2.5 Upgrades. During the Term, FirstTwo may from time to time provide Customer with the right to obtain access for additional End Users, or to features and functionality available in a different service plan ("Upgrade") at pricing and terms to be mutually agreed upon by the Parties. Fees for such Upgrade will be charged to Customer and prorated on an annual basis to be coterminous with the applicable Licenses. 3. RESTRICTIONS Under no circumstances shall Customer: (a) Directly or indirectly, reproduce, modify, reverse engineer, deconstruct (including dumping RAM/ROM or persistent storage), translate or create any derivative work of all or any portion of the Software or otherwise attempt to access, derive or generate the source code of the Software; (b) Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programs, algorithm or methodology to access, acquire, copy or monitor the contents of the Software or any portion of the Software; (c) Display, disclose, make available or provide access to the Software to any third party other than the End Users (including by means of sharing or disclosing End User passwords or other.log-in credentials); (d) Circumvent or attempt to circumvent any password or other access -limited measures implemented by FirstTwo, (d) remove, obscure or modify any FirstTwo proprietary notices from the Software; (e) Use the Software or any of its features to invade the privacy of any person or otherwise violate any law, including, but not limited to, by usage of GPS functionality or location/tracking services; (f) Employ any entity that licenses or provides any software, product, or service that is competitive with the Software to use the Software on Customer's behalf, view the Software, or provide management, staging, support, hosting, or similar services with regard to the Software without the prior written consent of FirstTwo; (g) License, sell, rent, lease, transfer, assign, distribute, host, outsource, or permit timesharing, or otherwise commercially exploit or make available the Software to any third party, other than as expressly permitted under the terms of this Agreement and any applicable Order; or (h) Permit any party, whether acting directly or on behalf of Customer, to breach or violate any of the terms of this Agreement. Customer acknowledges that FirstTwo may, without liability of any kind, limit or suspend Customer's or any End User's access to or use of the Software if it is determined that such use violates the terms of this Section 3 or of any limitations set forth in this Agreement. 4. PROPRIETARY RIGHTS CONFIDENTIAL v2.3 5 FirstTwo and its licensors own and shall retain all rights, title and interest in and to the Software, all updates, modifications and improvements thereto (including any made by or with Customer's participation), all Feedback (defined below) and, unless otherwise agreed in writing, all intellectual property rights therein (collectively with any FirstTwo Confidential Information, as defined in Section 6, the "FirstTwo Property"). Customer hereby irrevocably and unconditionally assigns any and all rights it may have or obtain in the FirstTwo Property to FirstTwo. Customer covenants not to challenge FirstTwo's exclusive ownership of the FirstTwo Property or directly or indirectly assert any rights thereto inconsistent with FirstTwo's exclusive ownership thereof. "Feedback" means any and all comments, suggestions, bug reports or other feedback regarding bug fixes, enhancements or other modifications to the Software and FirstTwo Property that Customer may from time to time provide FirstTwo. 5. SECURITY Customer shall be solely responsible for implementing security and access procedures necessary to ensure that no unauthorized person may access or use the Software, and that all access thereto is limited to authorized End Users and is solely for official law enforcement purposes. Any unauthorized access or use of the Software by or resulting from a failure by Customer to comply with the foregoing obligations shall be a breach of this Agreement by Customer. Customer shall immediately notify FirstTwo of such unauthorized use or access and shall be solely liable for the same. Customer shall ensure that all End Users agree to the limitations on the use of the Software. 6. FEES AND EXPENSES 6.1 Fees. If Customer elects to register to access or use any paid component of the Software, such as becoming a subscriber of one of the available plans or via an Order, Customer agrees to timely pay all fees and charges for such plan as provided in the applicable Order ("Fees"). Unless otherwise specified in the applicable Order, Customer will pay all Fees within thirty (30) days of the date of the applicable invoice or Order issued by FirstTwo in accordance with the remittance instructions attached hereto as Appendix A. Customer will promptly reimburse FirstTwo for any cost or expense incurred in connection with any collection efforts undertaken by FirstTwo in connection with any past due amount owed under this Agreement. At FirstTwo's discretion, past due amounts may accrue a late fee equal to the lesser of 1.5% per month, or the maximum amount allowed by applicable law. By submitting credit card information to FirstTwo, Customer authorizes FirstTwo to charge such credit card or payment method the Fees associated with the plan selected by Customer. All Fees and other amounts specified in this Agreement are payable in United States Dollars. Subject to any credits or refunds applicable to any service level commitments hereunder, if any, all Fees are nonrefundable. After the initial Term, FirstTwo may increase the Fees it charges for the Software. Any increase in the Fees will take effect at the beginning of Customer's next Term, or at such later date as may be specified in an applicable Order. FirstTwo will provide as much notice as practicable for any fee increases for following terms, but not less than 30 days prior to the end of the then current Term. Fee increases shall not exceed 10% per year, without prior consultation and agreement of Customer. 6.2 Promotions. Customer may be extended a "new customer" or other promotional discount as specified online or in an Order. Any requirements for such discount will be stated during registration or in the applicable Order. 6.3 Extensions and Upgrades. In the event that the Parties mutually agree in writing to any extension of a Term or the provisioning of an Upgrade, Customer will pay FirstTwo the then -current list price for such extension or Upgrade, unless otherwise set forth in an Order. 6.4 Taxes. Fees are exclusive of Taxes and, Customer will promptly pay or reimburse FirstTwo for all Taxes arising out of this Agreement. For purposes of this Agreement, "Taxes" means any sales, use and other taxes (other than taxes on FirstTwo's income), export and import fees, customs duties and similar charges applicable to the transactions contemplated by this Agreement that are imposed by any government or other authority. Customer hereby confirms that FirstTwo can rely on the ship -to name and address provided by Customer to FirstTwo during registration or as set forth in an Order as the place of supply for sales tax purposes. If Customer is legally entitled to an exemption from the payment of any Taxes, Customer will promptly provide FirstTwo with legally sufficient tax exemption certificates for each taxing jurisdiction for which it claims exemption. Unless CONFIDENTIAL v2.3 otherwise prohibited by law, FirstTwo will apply the benefits of any requested tax exemption to charges occurring under Customer's account after the date FirstTwo receives and reasonably processes such tax exemption certificates. NO WARRANTY FirstTwo compiles information from multiple third party data suppliers with varying data quality, format, and coverage. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, THE SOFTWARE AND ALL OTHER FIRSTTWO PROPERTY ARE PROVIDED "AS IS" AND "WITH ALL FAULTS." FIRSTTWO AND ITS LICENSORS MAKE NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT THERETO OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF RELIABILITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON -INFRINGEMENT, SECURITY, PRIVACY, ACCURACY OF RESULTS OR CUSTOMER'S USE THEREOF, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. ANY USE OR RELIANCE ON THE SOFTWARE BY CUSTOMER OR CUSTOMER'S END USERS SHALL BE AT CUSTOMER'S AND USERS OWN RISK. 8. CONFIDENTIALITY Notwithstanding any prior agreement between the Parties, this Section 8 shall govern the use and disclosure of Confidential Information in connection with any License. "Confidential Information" means all confidential and proprietary information of a party ("Disclosing Party") disclosed to the other party ("Receiving Party"), whether orally or in writing, in connection with a License that is designated as confidential or that should be understood by a reasonable Receiving Party to be confidential given the nature of the information and the circumstances of disclosure. FirstTwo Confidential Information includes, without limitation, the Software, the FirstTwo Property and all outputs, object code, source code, log files, scripting language or binary format, if any, made available to Customer. Customer Confidential Information, if any, shall be as described in the Order. Receiving Party shall not disclose or use any Confidential Information of Disclosing Party for any purpose outside the scope of this Agreement and, without limiting the foregoing, Customer shall not disclose any FirstTwo Property to any third party. Receiving Party agrees to protect Disclosing Party's Confidential Information in the same manner that it protects its own proprietary and confidential information, but in no event with less than reasonable care. Receiving Party shall not have any obligation to protect information of Disclosing Party which it can reasonably demonstrate: (a) is or becomes generally known to the public without breach of any obligation owed to Disclosing Party; (b) was lawfully in its possession prior to disclosure by Disclosing Party; (c) it independently developed without breach of any obligation to Disclosing Party; (d) it lawfully received from a third party; or (e) it is required disclose by a court order or other government demand that has the force of law, provided it gives Disclosing Party prompt notice thereof. Upon any actual or threatened use or disclosure of any Confidential Information of Disclosing Party in breach of this Section 8, Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the Parties that any other available remedies may be inadequate. The obligations in this Section 8 will continue in perpetuity. 9. PUBLICITY Notwithstanding the foregoing, FirstTwo may, with the prior written consent of Customer (and separate from this Agreement), use Customer's name and logo in a list of customers and in sales presentations, marketing materials, and press releases. In addition, FirstTwo may develop a brief Customer profile for promotional purposes, the contents of which shall be reviewed with Customer prior to publication, for use by FirstTwo on its website, www.firsttwo.com. Further, if Customer submits a testimonial to FirstTwo, then Customer also agrees that FirstTwo may publish such testimonial on www. firs ttwo.com or in such other marketing material that FirstTwo may create or display from time to time, on such page and in such position as FirslTwo may determine in its sole discretion. Customer agrees that FirstTwo may edit any such testimonial and publish edited or partial versions of the testimonial; provided, however, that such testimonial does not create a misleading impression of Customer views. 10. INDEMNIFICATION 10.1 By FirstTwo. FirstTwo agrees to defend and hold Customer harmless from any third party claim that the Software (as delivered) licensed by Customer and used by authorized End Users in the manner contemplated hereby infringes such third party's valid U.S. patent or copyright rights that were in existence at the time the Software was delivered to Customer and pay CONFIDENTIAL v2.3 that portion of any final judgment (or any settlement approved by FirstTwo) awarded against Customer directly attributed to such infringement. In the event of a claim subject to indemnity under this Section 10.1, FirstTwo may, at its sole option and its own expense, (a) procure for Customer the right to continue using the infringing Software; (b) modify the same so that it becomes non -infringing; (c) replace the infringing Software with non -infringing Software; or (d) terminate the License and refund to Customer the license fees paid therefore for a period no greater than twelve (12) months preceding the claim giving rise to the indemnity. Notwithstanding any other provision of this Agreement, FirstTwo shall have no obligation under this Section 10.1 for modifications or changes to the Software made by any person other than FirstTwo or at the direction of Customer, or for any combination of the Software with any products or services or materials provided by Customer or any third party. This Section 10.1 sets forth FirstTwo's sole obligation and Customer's sole remedy for any claim that the Software infringes the intellectual property rights of any person or entity. 10.2 By Customer. Customer agrees to defend, hold harmless, and indemnify FirstTwo, and/or its subsidiaries and Affiliates and their respective directors, officers, employees, agents, and assigns ("Indemnified Parties"), from and against any and all claims, suits, actions, demands, proceedings, damages, losses, expenses, liabilities judgments, penalties, fines and/or costs of any kind (including but not limited to reasonable attorneys' fees, witness fees and court costs incurred and/or those necessary to successfully establish the right to indemnification) that are threatened, asserted, filed, assessed or imposed against FirstTwo and/or any Indemnified Party (collectively "Claims"), to the extent that such Claims arise out of or relate to (i) any breach or alleged breach of any warranty, representation or covenant made by Customer in this Agreement, including without limitation arising from any actual or alleged infringement or violation of any patent, copyright, trademark, trade secret or other proprietary right of a third party; (ii) Customer's failure to comply with any other provision of this Agreement or any violation by Customer of any law; and (iii) bodily injury or death or damage to property suffered or caused by Customer or any of its employees or contractors caused by Customer or anyone acting on behalf of Customer or arising out of or in any way related to the Software. 10.3 Procedure, A Party's obligations under Sections 10.1 or 10.2 are conditioned upon the indemnified Parry's (a) giving the indemnifying Party prompt written notice of such claim; (b) giving the indemnifying Party the right to control the defense and settlement of such claim; and (c) providing reasonable assistance, at the indemnifying Party's sole cost, as the indemnifying Party may request in the defense of any such claim. 11. EXCLUSIVE REMEDY Except as expressly provided in an Order, Customer's sole and exclusive remedy for FirstTwo's failure to provide Software or Support Services as provided herein shall be, at FirstTwo's option, repair, replacement (or re -performance), or refund of the applicable Fees paid by Customer. 12. LIMITATION OF LIABILITY EXCEPT AS EXPRESSLY PROVIDED BELOW, IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE FEES PAID FOR LICENSES DURING THE 12 -MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. IN NO EVENT SHALL EITHER PARTY OR ITS LICENSORS HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, LOSS OF USE, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO EITHER PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR CUSTOMER'S BREACH OF SECTIONS 2 — 5 OR 6, OR INFRINGEMENT OF FIRSTTWO'S PATENT, TRADEMARK, COPYRIGHT, OR TRADE SECRET RIGHTS. FIRSTTWO HAS NO LIABILITY TO CUSTOMER, ANY END USER, OR ANY THIRD PARTY FOR ANY REASON AS A RESULT OF ANY UNAUTHORIZED DISCLOSURE OR ACCESS TO CUSTOMER'S ACCOUNT OR CONTENT AS A RESULT OF CUSTOMER'S OR END USER'S MISUSE OF THE SOFTWARE OR LOSS OR THEFT OF ANY END USER PASSWORD OR USERNAME. CUSTOMER HEREBY ASSUMES ALL RISK FOR THE USE OF THE SOFTWARE AND THE RESULTS AND HEREBY UNCONDITIONALLY AND IRREVOCABLY RELEASES AND DISCHARGES FIRSTTWO FROM ANY AND ALL LOSS, CLAIM, DAMAGE OR OTHER LIABILITY RESULTING FROM SUCH USE. CONFIDENTIAL v2.3 13. FCRA COMPLIANCE The Software is not intended to be used and may not be used to matte employment decisions, including hiring, retention, promotion, or reassignment, or to determine eligibility for credit, insurance, employment, or other purpose that would qualify the Software as a consumer report under the Fair Credit Reporting Act (the "FCRA"). FirstTwo is not a "consumer reporting Customer" as that term is defined in the FCRA and the Software, Professional Services, and other data or information that may be provided by FirstTwo do not constitute "consumer reports" as that term is defined in the FCRA. 14. TERM AND TERMINATION 14.1 Term. The term of each Order shall begin on the date specified in the Order and remain in effect for one (1) year (the "Term"). Orders will automatically renew for additional one (1) year terms unless either Party provides the other Party written notice of its intent not to renew the applicable Order at least 30 days prior to the end of the then current Term. Any discounts offered by FirstTwo to Customer during a prior Term will not apply during any new or renewal Term unless specifically agreed to in writing by the Parties. 14.2 Termination for Cause. Either Party may terminate this Agreement for cause (a) upon 30 days written notice to the other Party of a material breach and fails to cure the same within such period, (b) immediately if Customer assigns, licenses, or sublicenses or attempts to assign, license, or sublicense any of its rights or obligations under this Agreement without the prior written consent of FirstTwo, (c) immediately if Customer violates its confidentiality obligations under Section 8, or (d) immediately if FirstTwo ceases to do business or otherwise terminates its business operations. 14.3 Survival. The Parties rights and obligations under Sections 3-9, 10.2, and 11-15 shall survive any termination or expiration of this Agreement. 15. MISCELLANEOUS 15.1 Relationship. The Parties are entering into this Agreement as independent contracting parties. Neither Party will have, or hold itself out as having, any right or authority to incur any obligation on behalf of the other Party. This Agreement does not create a partnership, franchise, joint venture, Customer, fiduciary or employment relationship between the Parties. 15.2 Notices. Any notice or other communication under this Agreement will be in writing and will be effective (i) if to Customer, when delivered via registered mail, return receipt requested, to the address provided during registration or specified in an Order; or when sent via email to the email address provided during registration or specified in an Order or otherwise on record for Customer; and (ii) if to FirstTwo, when delivered via email to support@firsttwo.com, if no "system error" or other non-delivery notice is generated, with a duplicate copy sent via registered mail, return receipt requested, to FirstTwo, Inc., 227 Bellevue Way N.E. #276, Bellevue, WA 98004. If applicable law requires that a given communication be "in writing," Customer agrees that email will satisfy such requirement. 15.3 Assignment. Customer may not assign this Agreement by operation of law or otherwise without the prior written consent of FirstTwo. 15.4 Governing Laws Venue. The internal laws of the State of Washington, excluding any conflict of laws provisions, shall govern the validity, construction and interpretation of this Agreement. Any suit, action or proceeding arising out of or relating to this Agreement (including, without limitation, any non -contractual dispute or claim) will (a) if brought by Customer, be brought before the federal and state courts located in King County, Washington, and (b) if brought by FirstTwo, be brought before the federal and state courts in the county where the address provided by Customer on the cover page hereto is located, and in either case, the Parties hereby expressly and irrevocably submit to the jurisdiction of such courts for the purpose of any such suit, action, or proceeding. THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO A JURY TRIAL REGARDING DISPUTES RELATED TO THIS AGREEMENT. CONFIDENTIAL v2.3 15.5 Entire Agreement; Waiver This Agreement and the Orders under this Agreement are the entire agreement between the Parties, and supersedes alt prior negotiations, agreements and undertakings between the Parties with respect to its subject matter. A waiver by a Party of any breach by the other Party shall not be deemed a waiver of any succeeding breach or any other covenant by the other Party. All waivers must be in writing and signed by the Party waiving its rights. 15.6 Severability. If any provision of this Agreement is held to be contrary to law, then the remaining provisions of this Agreement will remain in full force and effect. 15.7 Force Majeure. Notwithstanding any provision contained in this Agreement, except for financial obi,gations due and owing, neither Party shall be liable to the other to the extent performance of any portion of this Agreement is delayed or prevented by causes not within its control. 15.8 Headings. The section headings used in this Agreement are for convenience only and shall not affect any construction or interpretation of this Agreement. IN WITNESS WHEREOF, this Agreement has been signed by the duly authorized representatives of each Party. CUSTOMER: FIRSTTWO: (Name of Organization) Signature: C Name (printed): - Title: Signature: Name: Niraj Shah Title: CEO CONFIDENTIAL v2.3 10 F I RSTTWO ARKIED WITH INTELLIGENCE SERVICE ORDER This Service Order (`Order") is made pursuant to that certain FirstTwo Service Agreement (the "Agreement") by and between FirstTwo, Inc., a Delaware corporation with a principal place of business at 227 Bellevue Way NE Suite 276, Bellevue, WA, 089 04 ("FirstTwo"), and the undersigned customer ("Customer"). All capitalized terms, where not otherwise defined in this Order, will have the meanings set forth in the Agreement. This Order is attached to and incorporated into the Agreement and is subject to all the terms and conditions of the Agreement. ORDER DETAILS Ship To: Organization Name: Street Address: City: State: Zip: Country: Ukiah PD 300 Seminary Ave Ukiah CA 95482 USA Billing Terms: Jan 4th, 2017 Effective Date: fdev 5, 26+6 - Term: 1 year Payment Frequency: Annually Payment Method: PO/Credit Card Payment Terms: Net30 Bill To: Sold To: Name: Captain Justin Wyatt Name: Captain Justin Wyatt Email: jwyatt@citvofukiah.com Email: jwyatl@cityofukiah.com Phone: 707-463-6760 Phone: 707-463-6760 2. SOFTWARE FirstTwo will provide to Customer access to the FirstTwo platform accessible at htips://www.firsttwo.com and consisting of the following Software: 3. PROFESSIONAL SERVICES Monthly Unit Description, Notes, and Deliverable Monthly Yearly Description Price Agency Discount $0.00 Total Total FirstTwo Small Agency License — Up to 50 i $150.00 Ukiah PD $0.00 $150.00 $1800.00 End Users 3. PROFESSIONAL SERVICES [SIGNATURE PAGE FOLLOWS) CONFIDENTIAL v2.3 Description, Notes, and Deliverable Fee Estimated Delivery Date NONE $0.00 [SIGNATURE PAGE FOLLOWS) CONFIDENTIAL v2.3 SIGNATURE PAGE TO SERVICE ORDER IN WITNESS WHEREOF, this Agreement has been signed by the duly authorized representatives of the Parties. CUSTOMER , [ FIRSTTWO (Name of Organization) Signature: . Signature: Name (printed): Name: Title: Title: Date: 1 3j/ % Date: JL -7 V �— Nimi Shah urzu January 4, 2017 CONFIDENTIAL v2.3 2 PAYMENT REMITTANCE INSTRUCTIONS Please include your customer name and/or number when remitting payment. Checks sent through regular mail: Send payment to: FirstTwo, Inc. 227 Bellevue Way NE Suite 276 Bellevue, WA 98004 EFT (ACH) remittance: Wire transfers: Contact FirstTwo to arrange payment via ACH or Wire Transfer at (425) 269-4805 or support@firsttwo.com. Credit Card payment: Contact FirstTwo to arrange a credit card payment at (425) 269-4805 or support@firsttwo.com. CONFIDENTIAL. v2.3