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flock safety <br />Agency may not transfer its account to anyone else without prior written permission of Flock. Agency will not share ., <br />its account or password with anyone, and must protect the security of its account and password. Agency is <br />responsible for any activity associated with its account. Agency shall be responsible for obtaining and maintaining <br />any equipment and ancillary services needed to connect to, access or otherwise use the Services. Agency will, at its <br />own expense, provide assistance to Flock, including, but not limited to, by means of access to, and use of, Agency <br />facilities, as well as by means of assistance from Agency personnel, to the limited extent any of the foregoing may <br />be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any <br />obligations with respect to Support Services or any Installation Services. <br />3.2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use the <br />Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited <br />to any laws relating to the recording or sharing of video, photo, or audio content. Although Flock has no obligation <br />to monitor Agency 's use of the Services, Flock may do so and may prohibit any use of the Services it believes may <br />be (or alleged to be) in violation of the foregoing. <br />4. CONFIDENTIALITY; AGENCY DATA <br />4.1 Confidentiality. To the extent allowable by applicable FOIA and state -specific Public Records Acts, each Party <br />(the "Receiving Party") understands that the other Party (the '`Disclosing Party") has disclosed or may disclose <br />business, technical or financial information relating to the Disclosing Party's business (hereinafter referred to as <br />"Proprietary Information" of the Disclosing Party). Proprietary Information of Flock includes non-public <br />information regarding features, functionality and performance of the Services. Proprietary Information of Agency <br />includes non-public data provided by Agency to Flock or collected by Flock via the Unit, including the Footage, to <br />enable the provision of the Services, which includes but is not limited to geolocation information and environmental <br />data collected by sensors built into the Units ("Agency Data"). The Receiving Party agrees: (i) to take the same <br />security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the party <br />takes with its own proprietary information, but in no event will a party apply less than reasonable precautions to <br />protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise <br />permitted herein) or divulge to any third person any such Proprietary Information. Flock's use of the Proprietary <br />Information may include processing the Proprietary Information to send Agency alerts, such as when a car exits <br />Agency 's neighborhood, or to analyze the data collected to identify motion or other events. The Disclosing Party <br />agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) <br />is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the <br />Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently <br />developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will <br />prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental <br />