Title
Authorizing the Library to accept terms of service, including indemnification language, from IPVideo Corporation, through Motorola Solutions, Inc., to use the HALO Device Manager software for managing HALO Smart Sensors in Library spaces.
Body
WHEREAS, the City of St. Paul through the Saint Paul Public Library (SPPL) needs vapor monitoring capability in one or more library buildings to assist with interrupting smoking and vaping behavior; and
WHEREAS, other public libraries use and recommend HALO Smart Sensors; and
WHEREAS, the HALO Device Manager software is needed to efficiently configure, manage, access, and use the HALO Smart Sensors; and
WHEREAS, HALO Device Manager setup requires a “click-through” acceptance of terms and conditions of the End-User License Agreement (EULA) which the City has reviewed; and
WHEREAS, the terms include indemnification clauses which require Motorola to defend the City for patent or copyright claims and the City to defend, indemnify, and hold Motorola and its subcontractors, subsidiaries, and other affiliates harmless from and against any damages, losses, liabilities, and expenses (including reasonable fees and expenses of attorneys) arising from any actual or threatened third-party claim, demand, action, or proceeding arising from or related certain actions by the City, the City's failure to meet certain requirements, negligence or willful misconduct of the City or it's service providers, agents, employees, or authorized users, or breach of contract by the City, all of which are further outlined in the attached EULA; and
WHEREAS, the City Council finds that the promise of indemnification is appropriate to access the software; now, therefore, be it
RESOLVED, that the Saint Paul Public Library is authorized to accept the attached terms and conditions of the IP Video Corporation End-User License Agreement with Motorola Solutions, Inc