Finance Committee - Agenda - 8/3/2016 - P196
and Licensor shall not be responsible or liable for the failure of messages to be disseminated through IPAWS;
(b) IPAWS may include additional features which are not supported through the IPAWS Submission App,
including without limitation the receipt of messages, and Licensor shall not be required to provide such
additional features to Licensee; and {c) Licensee shall be solely responsible for the content of all messages
delivered to IPAWS through the IPAWS Submission App and for any and all claims, whether raised by FEMA or
a third party, regarding messages sent by Licensee, or using Licensee’s pass codes, through the IPAWS
Submission App.
Integration into Service: All use of the IPAWS Submission App, including but not limited to unauthorized use
or access to IPAWS through Licensee’s account, shall be considered use of the Service and governed under
the terms of the Agreement. The IPAWS Submission App is available only as an add-on module for the Service.
The IPAWS Submission App will not be provided under the terms of this Addendum unless the Agreement is in
effect.
Security: Licensor will use commercially reasonable practices and standards to secure and encrypt daia
transmissions sent using the IPAWS Submission App. Licensee understands and acknowledges that Licensor is
providing the IPAWS Submission App on the World Wide Web through an “upstream” third party Internet
Service Provider, utilizing public utility services which may not be secure. Licensee agrees that Licensor shall
not be liable to Licensee for any compromise to, or interceptions of, messages sent through the IPAWS
Submission App.
Term: Based upon Licensor’s current CodeRED NEXT Master Services Agreement for IPAWS effective as of
May 14, 2014 (the “NH IPAWS Agreement") with the New Hampshire Department of Safety-Division of
Emergency Services (“NH”), Licensor will include the IPAWS Submission App at NO COST for the initial term of
this Addendum, which shall commence as of the Effective Date and terminate at 12:01 a.m. on May 14,
2017, unless earlier terminated by NH, Licensor or Licensee, or otherwise extended by NH under the NH
IPAWS Agreement. Licensee understands and agrees that access to the IRPAWS Submission App shall be made
available upon Licensor’s receipt of all IPAWS information requested hereunder, and that the date of such
receipt shall not otherwise affect the commencement of the term of this Addendum as of the Effective Date.
Termination: Upon termination of the NH IPAWS Agreement or the Agreement, access to the IPAWS
Submission App will terminate. In the event NH elects to terminate the NH IPAWS Agreemeni, while the
Agreement is still in effect, Licensee may purchase access fo the [PAWS Submission App via separate, written
addendum or agreement. In the event, the Agreement is terminated while the NH IPAWS Agreement is still in
effect, Licensee may be provided with access to the IPAWS Submission App by signing a separate, written
addendum or agreement to the NH IPAWS Agreement. Licensor, in its sole discretion, may also terminate this
Addendum immediately, and without further notice, as a result of Licensee’s breach of the Agreement or this
Addendum or changes to IPAWS caused through no fault of Licensee or Licensor, and in such case, no fees (if
any) paid hereunder shail be refunded. Licensee further understands and agrees that, in the event Licensor is
required to remove the IPAWS Submission App as a result of Licensee’s failure to comply with any IPAWS or
FEMA regulations, Licensee shall forfeit all fees (if any) paid hereunder to Licensor.
2. This Addendum shail not modify any terms and conditions of the Agreement, except as set forth herein.
Licensee: , Licensor:
City of Nashua, New Hampshire Emergency Communications Network, LLC
Signature: Signature:
Printed Name: Printed Name:
Title: Title:
Date: Date:
Emergency Communications Network, LLC Page 2 of 2 initials
IPAWS Addendum Licensee Licensor
