This page uses extracted PDF text. Text can misread numbers, dates or table columns. Check the PDF before quoting or interpreting it. Redacted areas remain redacted.
DocuSign Envelope ID: D03C8C27-BC48-44C8-851D-368459E6CCB2
EXHIBIT D
GOVERNMENT AGENCY
CUSTOMER AGREEMENT
This Government Agency Agreement (this “Agreement”) is entered into by and between Flock
Group, Inc. with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 (“Flock”)
and the City of Newport News, Virginia (“Agency”) (each a “Party,” and together, the “Parties”).
RECITALS
WHEREAS, Flock offers a software and hardware solution for automatic license plate detection
through Flock’s technology platform (the “Flock Service”), and upon detection, the Flock Service creates
images and recordings of suspect vehicles (“Footage”) and can provide notifications to Agency upon the
instructions of Non- Agency End User (“Notifications”);
WHEREAS, Agency desires to purchase, use and/or have installed access to the Flock Service in
order to create, view, search and archive Footage and receive Notifications, including those from non-
Agency users of the Flock System (where there is an investigative purpose) such as schools,
neighborhood homeowners associations, businesses, and individual users;
WHEREAS, because Footage is stored for no longer than (thirty) 30 days in compliance with
Flock’s records retention policy, Agency is responsible for extracting, downloading and archiving
Footage from the Flock System on its own storage devices for auditing for prosecutorial/administrative
purposes; and
WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject
to the terms and conditions of this Agreement, solely for the purpose of crime awareness and prevention
by police departments and archiving for evidence gathering (“Purpose”).
AGREEMENT
NOW, THEREFORE, Flock and Agency agree as follows and further agree to incorporate the
Recitals into this Agreement.
1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or
cross-referenced in this Section 1.
1.1 “Authorized End User” shall mean any individual employees, agents, or contractors of
Agency accessing or using the Flock Services through the Web Interface, under the rights granted
to Agency pursuant to this Agreement.
1.2 "Agency Data” will mean the data, media and content provided by Agency through the Flock
Services. For the avoidance of doubt, the Agency Data will include the Footage and geolocation
information and environmental data collected by sensors built into the Units.
1.3 “Documentation” will mean text and/or graphical documentation, whether in electronic or
printed format, that describe the features, functions and operation of the Flock Services which are
provided by Flock to Agency in accordance with the terms of this Agreement.
1.4 “Embedded Software” will mean the software and/or firmware embedded or preinstalled on
the Hardware.
1.5 “Flock IP” will mean the Flock Services, the Documentation, the Hardware, the Embedded
Software, the Installation Services, and any and all intellectual property therein or otherwise
provided to Agency and/or its Authorized End Users in connection with the foregoing.
1.6 “Footage” means still images and/or video captured by the Hardware in the course of and
10Jump to an indexed page (26 of 26)