Weiss Law Firm, Dallas, TX, Los Angeles and Santa Barbara, CA Although the editor, bless her heart, steadfastly refused to let me have a sneak, pre-publication peek at the other articles that appear alongside this one, my educated guess is that each of them purports to give you answers. How immediately valuable, then, are those answers? Below are some of the important questions that every high-performing anesthesia group leader should be asking themselves.
VMwarewhich covers your use of the VMware beta software product that accompanies this Software Beta Test Agreement and related software components, which may include associated media, printed materials, and "online" or electronic documentation.
All such software and materials are referred to herein as the "Beta Software. By explicitly accepting this Software Beta Test Agreement, however, or by installing, copying, downloading, accessing, or otherwise using the Beta Software, you are acknowledging and agreeing to be bound by the following terms.
You certify that this beta test software will only be used for beta testing purposes, and will not be rented, leased, sold, sublicensed, assigned, or otherwise transferred. Further, you certify that you will not transfer or export any product, process, or service that is the direct product of the beta test software.
The purpose of this limited license is the testing and evaluation of the Beta Software and Documentation. In furtherance of this purpose, Licensee shall provide feedback to VMware concerning terms of reference for business plan development service functionality and performance of the Beta Software from time to time as reasonably requested by VMware, including, without limitation, identifying potential errors and improvements.
Feedback and other information which is provided by Licensee to VMware in connection with the Beta Software or this Agreement may be used by VMware to improve or enhance its products and, accordingly, VMware shall have a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such feedback and information without restriction.
Licensee shall not copy or use the Beta Software including the Documentation or disseminate Confidential Information to any third party except as expressly permitted in this Agreement. Licensee will not, and will not permit any third party to, sublicense, rent, copy, modify, create derivative works of, translate, reverse engineer, decompile, disassemble, or otherwise reduce to human perceivable form any portion of the Beta Software or accompanying Documentation.
The Beta Software and all performance data and test results, including without limitation, benchmark test results collectively "Performance Data"relating to the Beta Software are the Confidential Information of VMware, and will be treated in accordance with the terms of Section 4 of this Agreement.
Accordingly, Licensee shall not publish or disclose to any third party any Performance Data relating to the Beta Software. VMware shall own and retain all right, title and interest in and to the Intellectual Property Rights in the Beta Software and any derivative works thereof, subject only to the limited license expressly set forth in Section 2 a hereof.
Licensee does not acquire any other rights, express or implied, in the Beta Software. VMware is under no obligation to support the Beta Software in any way or to provide any Updates to Licensee.
In the event VMware, in its sole discretion, supplies any Update to Licensee, such Update shall be deemed Beta Software hereunder and shall be subject to the terms and conditions of this Agreement. The Beta Software enables a computer to run multiple instances of third-party guest operating systems and application programs.
Licensee acknowledges that Licensee is responsible for obtaining any licenses necessary to operate any such third-party software, including guest operating systems. The terms and conditions of this Agreement shall not apply to any Open Source Software accompanying the Beta Software. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice thereof.
The rights and obligations of the parties set forth in Sections 2 b 2 c2 d2 e2 f3, 4, 5, 6 and 7 shall survive termination or expiration of this Agreement for any reason.
Confidential Information shall include without limitation the Beta Software, Documentation, Performance Data, any Updates, information relating to VMware products, product roadmaps, and other technical, business, financial and product development plans, forecasts and strategies. Licensee shall not use any Confidential Information for any purpose other than as expressly authorized under this Agreement.
In no event shall Licensee use the Beta Software or any Confidential Information to develop, manufacture, market, sell, or distribute any product or service.
In no event shall Licensee disclose any Confidential Information to any third party. Without limiting the foregoing, Licensee shall use at least the same degree of care that it uses to prevent the disclosure of its own confidential information of like importance, but in no event less than reasonable care, to prevent the disclosure of such Confidential Information.
For certain Beta Software designated by VMware as highly confidential "Highly Confidential Beta Software" and listed in Exhibit A, additional heightened confidentiality restrictions designated below will apply and Licensee will be required to separately sign Exhibit A, in addition to accepting the terms of this Agreement, to execute this Agreement.
Notwithstanding the foregoing, Licensee shall limit dissemination of such Confidential Information to such employees who have a need to know such Confidential Information for purposes expressly authorized under this Agreement.
Licensee will assign an employee who will be primarily responsible "Primary Contact" for ensuring that the terms of this Agreement are complied with.
Additionally, all rights and licenses granted to Licensee under this Agreement shall immediately terminate in accordance with Section 3 herein Term and Terminationand b in addition to all other remedies available in law or otherwise, VMware is entitled to seek equitable relief, including injunction and preliminary injunction against the threatened breach of this Agreement or the continuation of any such breach.
Licensee acknowledges that VMware has not publicly announced the availability of the Beta Software, that VMware has not promised or guaranteed to Licensee that such Beta Software will be announced or made available to anyone in the future, that VMware has no express or implied obligation to Licensee to announce or introduce the Beta Software, and that VMware may not introduce a product similar or compatible with the Beta Software.
Specifically, the Beta Software may contain features, functionality or modules that will not be included in the production version of the Beta Software, if released, or that will be marketed separately for additional fees.
This Agreement, and all disputes arising out of or related thereto, shall be governed by and construed under the laws of the State of California without reference to conflict of laws principles.Draft Terms of Reference for Preparation of a Business Plan for ARA-Centro, Mozambique Page 4 tools are only now being introduced (e.g.
a three year rolling plan) while other tools remain to be established, in particular a Business Plan for the Centro. in partnership with 1 Terms of Reference Consultancy Services for development of Regional Business and Marketing Plan I.
Background Considering their shared vision and common understanding upon the role of Local Government. Deseronto Waterfront EA Terms of Reference Preparation RFP - Closed Waterfront/Marina Development Feasibility Study The Town retained the services of a consultant in September of to complete a waterfront development feasibility and economic impact study.
(3) A description of the principal types of supplies and services to be subcontracted and an identification of types of supplies or services planned for subcontracting to small business (including ANCs and Indian tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged.
In compliance with the Integrated Community Sustainability Plan/Municipal Development Plan (ICSP/MDP), The City of Lethbridge will prepare an Area Structure Plan (ASP) prior to the Terms of Reference, an ASP Boundary Map has been included and can be found on the recreational, institutional, general industrial and business industrial.
How do you incentivize the development of new business? Do you have a written succession plan for your group’s leadership? Do you have a written plan to deal with manpower in the event of a facility closure or a drastic reduction in the facility’s scope of services?