6. Sheriff-work release program monitoring bracelets

illegal, abusive or unethical activities. Such activities include pornography, obscenity, violations of law or privacy, hacking, computer viruses, or any harassing or harmful materials or uses. Agency agrees to hold AMS harmless from any claims resulting from such use or for any unlawful disclosure or use of Client data by Agency. 4.3 Access To Monitoring Software. Agency agrees to limit requests for access to the Monitoring Software to only personnel of Agency who are authorized to enroll Clients, set notification options and otherwise access the information residing within the Monitoring Software. AMS will provide to Agency user names, passwords and other information necessary to access the Monitoring Software. Agency is responsible for keeping its user names and passwords protected as Confidential Information under the terms of this Agreement and for any communications or transactions made using its user names and passwords. Agency personnel are responsible for changing their respective user names and passwords if they believe that either has been stolen or might otherwise be misused. Agency shall provide written notice to AMS within ten (10) days if any previously authorized personnel's status changes such that access should no longer be allowed, including but not limited to termination or resignation of any Agency personnel who had access to the Monitoring Software. These requirements are subject to change based on reasonable review by AMS of its information security needs. AMS will also provide regular off- site data storage and backup services for Agency data. 4.4 Equipment and Utilities. Agency is responsible and shall bear the costs associated with providing and maintaining internet access and all necessary telecommunications equipment, software and other materials necessary for accessing the Monitoring Software. Agency agrees to notify AMS of any changes in the foregoing, including any system configuration changes or any hardware or software upgrades, which may affect Agency's ability to access the Monitoring Software. 4.5 Consents. Agency shall obtain the necessary consent from any Client authorizing the tracking and /or monitoring of such Equipment by AMS or its subcontractors. Further, Agency will obtain all consents from its Clients necessary to collect and transmit personal data to AMS or its designated third party vendors in compliance with the relevant privacy and data protection laws. Agency agrees to indemnify and hold AMS, and its subcontractors, harmless from any and all costs and expenses regarding any claims arising from the failure of Agency to obtain the necessary consents referenced above. 4.6 Additional Agency Responsibilities. Agency shall be solely responsible for the management and supervision of the Equipment and any personnel utilizing the Equipment and the Monitoring Software, as well as the selection and implementation of the Client enrollment, monitoring and notification options provided for the Monitoring Software. Agency is solely responsible for the management of the Clients, including the response to any Client violations reported by AMS or its third party providers. AMS is not responsible or liable for Agency's failure to properly fulfill its foregoing responsibilities. 4.7 Third Party CaII Center Support. If Agency determines that it will establish and use a third party call center to monitor and receive alerts from the Monitoring Software, then Agency will notify AMS and shall ensure that personnel certified by AMS will operate the call center. Agency shall be responsible for all acts and omissions of the third party call center personnel granted access to Monitoring Software as if they were employees of Agency. 4.8 Additional or Changed Services at AMS' Initiative. From time to time, AMS may revise the scope of the Services or delegate to a third party some or all of the provision of the Services, or make substitutions, additions, modifications and improvements to Monitoring Software and /or Services. Additionally, as a part of these changed Services, AMS also may determine, at its sole option, to discontinue providing Services hereunder for specific versions of the Products upon a minimum of one (1) year prior notice to Agency. 4.9 Changes to Products; Retrofit Activities. AMS shall have the right at any time (i) to change the design or specifications of any Product without notice and without obligation to make the same or any similar change on any Product previously purchased by Agency; and (ii) to retrofit or replace (during routine maintenance or otherwise) any of Agency's Products to incorporate any upgrades or updates then available. However, nothing herein shall obligate AMS to provide Agency with new models of Products at no additional cost as a part of the Services or otherwise. 5 CONFIDENTIAL INFORMATION 5.1 Confidential Information. In connection with this Agreement a party "Discloser") may furnish to the other party "Recipient software, user and training manuals, data, Client information, designs, drawings, tracings, plans, layouts, specifications, samples, equipment and other information provided by or on behalf of Discloser to Recipient, that should reasonably have been understood by Recipient, because of (i) legends or other markings, or (ii) the circumstance of disclosure or the nature of the information itself, to be proprietary and confidential to Discloser or to a third party "Confidential Information Confidential Information specifically includes all information accessed by Agency via the Monitoring Software. Confidential Information may be disclosed in written or other tangible form (including digital or other electronic media) or by oral, visual or other means. Each party agrees not to disclose to the other party any confidential or proprietary information of Alcohol Monitoring Systems, Inc. 3 Confidential Agency Products and Services Agreement Rev. 06/13