Anne Arundel County Police Department Fusus Terms and Conditions

I. INTRODUCTION

The Anne Arundel County Police Department Fusus Camera Sharing Program Terms and Conditions govern the access, sharing, and use of video accessed by the Anne Arundel County Police Department (“AACPD”) from you or your organization with your principal address indicated within the Camera Registry portal (a "Community Member"). As used herein, "You" shall mean the individual who signs these terms and conditions (this "Agreement") as well as the organization you represent.

II. PURPOSE

a. The AACPD is dedicated to improving the quality of life of residents of Anne Arundel County, Maryland (“the County”). Private security cameras installed throughout the County may sometimes capture footage of emergency situations or criminal activity. The County currently has a contract with FUSUS LLC ("Fusus") for a video and data collaboration platform utilizing fususCORE Devices. This platform allows for the integration (sharing) of video camera systems through an integration device that can connect to camera systems to act as a secured buffered video gateway.

b. In the spirit of collaboration and to aid in improved situational awareness and potential efficiency of emergencies, you agree to allow for the integration of your video surveillance system to be accessed and shared with the AACPD. It is neither intended nor expected that your cameras will be routinely monitored in real-time by AACPD. Video access by AACPD also does not constitute a commitment on the part of AACPD that video will be viewed in emergencies or when requested by you.

III. AUTHORIZATION TO VIEW, RECORD, DOWNLOAD, AND USE DATA

a. To the extent shared with the County by you, you hereby grant a perpetual, non-exclusive license to the County to access, view, download, and otherwise use all video or any other information and data furnished or made available to the County by you through the camera integration (sharing) program.

b. You understand that the video and other information and data provided pursuant to this program is primarily to be used to promote public safety. The County has the right to share such video or other data obtained with other local, state, and federal agencies for law enforcement purposes and for any other lawful purpose.

IV. YOUR RESPONSIBILITIES

a. You expressly understand, acknowledge, and agree that the County's platform through Fusus is subject to change by the County without notice to you. Nothing contained in these Terms and Conditions shall be deemed a representation or warranty by the County that AACPD will continue to utilize the Fusus platform, nor that such platform will remain compatible with any device purchased, developed, or otherwise obtained or used by you now or in the future.

b. You agree that only video data from cameras facing areas where no one has a reasonable expectation of privacy will be shared with the County. You will not allow any audio recordings or audio data to be transmitted or accessed by the County as part of this camera sharing program and any audio recordings or data will not be monitored by AACPD.

c. You will provide AACPD with at least one point of contact with a basic understanding of Community Member's inventory and locations of surveillance cameras as may be required for video registration or sharing. In the case of video sharing, typical configuration should take less than an hour and may require the installation of additional hardware at your location(s). You will provide the information needed by AACPD for your system and the County's platform to interrelate, including but not limited to the camera make, model IP address, and camera and/or associated DVR/NVR login information.

V. RESPONSIBILITY OF AAPD

a. AACPD will only access video resources designated by you for sharing into the County's video software platform. Except as required by law, AACPD will not share access to your camera locations or views with members of the public, or outside of law enforcement personnel, without the prior written consent of you. Further, AACPD will ensure video access within AACPD is strictly limited to personnel responsible for monitoring the system, law enforcement members reviewing video for a legitimate law enforcement purpose, and authorized login metadata will be tracked and logged. Finally, AACPD will ensure any employee responsible for video access is trained on system use and security of access.

VI. LIMITATION & WAIVER OF LIABILITY

a. The County and the Community Member shall be solely responsible for its own equipment and the actions of its own officers, agents, and employees.

b. Nothing in this agreement shall be construed as creating an agency relationship between the County and you. You understand that you are not acting as an agent and/or employee of the County.

c. In no event will the County or you be liable to the other for any indirect, incidental, special, exemplary, punitive or consequential damages of any kind, including but not limited to lost revenues, profits, or goodwill, for any matter arising out of or in connection with the performance or nonperformance of the terms and conditions set forth herein.

d. You hereby agree to hold the County (including its agents, servants and employees) harmless from and against any and all liability, claims, damages, demands, expenses, fees, fines, penalties, actions, and costs of actions for any matter arising out of or in any way related to participation in the Program.

VII. TERM AND TERMINATION

a. These Terms and Conditions shall be effective as of the date your acceptance and shall continue in effect thereafter until terminated.

b. The provisions of these Terms and Conditions herein may only be amended or waived by mutual written agreement by both parties.

c. Either party may terminate this Terms and Conditions and any related agreement at any time and for any reason by giving written notice to the other party.

d. Your responsibilities and obligations under these terms and conditions may not be assigned without the express written consent of the County.

VIII. ENTIRETY OF THE AGREEMENT

a. You acknowledge that these terms and conditions embody the entire and complete understanding and agreement between the parties and no amendment will be effective unless done in writing and agreed to by the County.

IX. APPLICABLE LAW

a. All matters relating to these Terms and Conditions and any other related agreement shall be governed by the laws of the State of Maryland without regard to its choice of law provisions and venue for any related actions shall be in a court of competent jurisdiction located in Anne Arundel County, Maryland.

X. AUTHORITY TO ENTER INTO AGREEMENT

By clicking "Agree," I (a) understand that I am legally bound by the Terms and Conditions, and (b) if you are entering into this Agreement on behalf of a corporation, governmental organization, or other legal entity, that you have the right, power, and authority to bind that entity to these Terms and Conditions.