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PART I
Directions: Please review the License Agreement below and answer the questions. Please apply APA format in text citing, reference list, and double-space. Limit your word count to 2,000 words. Please visit the Academic Resource Center for help with APA format.
If applicable, include arguments from each side. If a criminal case exists, you would present arguments from the prosecutor and the defense attorney. If it is a civil case, then you would argue as a plaintiff and defense lawyer. Be sure that your answers respond to the questions. Do not restate the problem in your answer. Mention the facts where relevant to your analysis. If you are asked for a recommendation, be sure to include one, but do not fail to consider counterarguments. If your answer depends upon essential information not set forth in the question, state what that information is and how it affects your answer. If facts are missing in your argument, please state what facts would be pertinent to each party’s case; also list any facts or information that could potentially damage a party’s case.
Read the questions carefully and attempt to answer each directly. Clear, well-organized, and concise writing will be rewarded. If there are ambiguities in the questions, discuss the ambiguity and how it impacts your answer. You may consult your text, lecture notes, or outlines that you have personally prepared.
License Agreement:
License Agreement
This License Agreement is entered into between ABC, LLC, a California limited liability company (“Companyâ€), and XYZ, Inc. a Nevada corporation (“Customerâ€) (collectively, the “Parties,†or individually, a “Partyâ€). This License Agreement is effective as of the date of last signature (“Effective Dateâ€).
For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows:
1. Definitions
Unless the context of a provision herein otherwise requires, words importing the singular shall include the plural and vice-versa. The words “include,†“includes†or “including†shall mean include without limitation, includes without limitation or including without limitation. As used in this Agreement (as defined below), the following terms have particular meanings as defined below.
“Agreement†means this License Agreement, together with all related exhibits, orders and amendments.
“Confidential Information†means (i) information disclosed by a Party relating to the Services (as defined below), product development strategy and activity, marketing strategy, corporate assessments and strategic plans, either present or future; pricing, financial and statistical information, accounting information, identity of and information regarding the Parties to this Agreement, suppliers, employees, investors, or customers; software, source code, systems, processes, designs, schematics, methods, techniques, algorithms, formulae, inventions, discoveries, policies, guidelines, procedures, practices, disputes or litigation; (ii) other confidential, proprietary or trade secret information disclosed by that Party that is identified in writing as such at the time of its disclosure; (iii) other confidential, proprietary or trade secret information disclosed by that Party; (iv) information relating to that Party’s employees, contractors or customers, such as social security number verification which, if released, would cause an unlawful or actionable invasion of privacy; (v) the terms of this Agreement; and (vi) any compilation or summary of information or data that is itself confidential.
“Permitted Applications†means the Customer shall use the Services solely for the Customer’s own internal business purposes of analyzing their position in the market.
“Services†means the software application known as “The Best Software†as provided by Company to Customer.
2. Agreement Structure
This Agreement contains terms and conditions applicable to the Services.
3. License
3.1 License Grant. Subject to the terms and conditions of this Agreement, Company grants to Customer a non-exclusive, non-transferable, limited license to use the Services solely for the Permitted Applications. There are no implied licenses under this Agreement, and any rights not expressly granted to Customer are reserved by Company for its own use and benefit.
3.2 License Restrictions. Customer represents and warrants to Company that it shall comply, and ensure that its Permitted Users comply, with the following:
(a)Customer shall not use the Services for purposes other than the Permitted Applications.
(b)Customer shall not share the Services with any third party.
(c)Customer shall not comingle, process or combine any portion of the Services or permit any portion of the Services to be comingled, processed or combined with other data or software from any other source.
(d)Customer shall not use the Services in any way that: (i) infringes Company’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property or proprietary rights or rights of publicity or privacy; (ii) violates any law, statute, ordinance or regulation; or (iii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing.
(e)Customer shall: (i) obtain any necessary licenses, certificates, permits, approvals or other authorizations required by federal, state or local statute, law or regulation applicable to Customer’s use of the Services; and (ii) limit use of the Services to its employees who have been appropriately trained. Customer shall maintain the confidentiality of any usernames and passwords issued by Company and Customer shall not permit usernames or passwords to be shared amongst its employees. Company may prohibit concurrent sessions with the same username and password.
(f) Customer shall not disassemble, decompile, manipulate or reverse engineer Company’s Confidential Information or any portion of the Services.
4. Delivery of Services
Company shall deliver the Services via Company’s secure, password-protected Internet site: BestSoftware.com. Company may discontinue, upgrade or change the production, support, delivery and maintenance of any Services if Company develops an upgraded version or otherwise can no longer provide such Services.
5. Fees
5.1 Fees. Customer shall pay Company $5,000.00 per month for access to the Services (“Monthly Feeâ€). Customer shall pay for all charges relating to the use of usernames and passwords whether or not authorized by Customer. At the end of each Company billing cycle, Company may invoice Customer for all Fees incurred by Customer during such billing cycle.
5.2 Taxes. Fees are exclusive of sales, use, ad valorem, personal property, and other taxes, which are the responsibility of Customer. Company shall charge Customer applicable sales tax. Customer shall file all other taxes. If applicable, Customer shall provide Company with a resale or exemption certificate in order to notify Company how to appropriately invoice Customer for taxes.
5.3 Late Fees. If full payment is not made within the period set forth in Section 5.1, Customer shall pay a charge equal to 1½ percent of the balance due, not to exceed the maximum legal limit permitted by law. If Customer becomes 10 or more days past due and fails to pay all past due fees within 10 days of Company’s written notice of such delinquency, Company may suspend access or delivery of any Services provided under this Agreement until all past due charges and any related interest are paid, or terminate the Agreement; if Company suspends access or delivery, Customer shall pay any minimum fees during any period for which access or delivery is suspended. Company may enforce Customer’s obligation to pay all fees through an attorney or collection agency, or Company may take legal action. Customer shall pay all of Company’s attorneys’ fees, agency fees, court costs and other collection costs, including all post-judgment costs for legal services at trial and appellate levels.
6. Reporting; Audits
6.1 Compliance Audits. Company may audit Customer for the purpose of ensuring Customer’s compliance with the terms and conditions of this Agreement, upon five days prior written notice. Company may choose the auditor in its sole discretion.
7. Term; Termination
7.1 Term and Termination. The term of this Agreement commences on the Effective Date and continues for a period of 12 months. Thereafter, the term of this Agreement shall not renew unless mutually agreed upon by the parties in writing 30 days prior to the end of the then current term. This Agreement may not be terminated without cause during their respective terms. If either Party breaches any provision of this Agreement, the non-breaching Party may, upon providing written notice of such breach, terminate this Agreement in its entirety, if the breach is not cured within 30 days following such notice, unless a shorter cure period is otherwise set forth in this Agreement.
7.2 Effects of Termination. Upon termination of this Agreement, all license rights granted by Company to Customer pursuant to the Agreement terminate and Customer shall pay Company in full for all Services accessed or delivered.
7.3 Return or Destruction of Materials. Within 15 days of termination of this Agreement by either Party, Customer shall: (i) return all Services and Company’s Confidential Information (including all copies of the same) (the “Materialsâ€) to Company at the address set forth on the signature page of this Agreement or as specified by Company and certify by an officer of Customer that Customer has returned all Materials; or (ii) destroy all Materials and certify by an officer of Customer that such Materials have been destroyed. If such Materials are not returned or destroyed in accordance with the above, Customer shall provide Company or its designee access to Customer’s premises for the retrieval of all such Materials, and Customer shall pay the actual costs as reasonably incurred by Company to retrieve such Materials. Customer shall continue paying Company fees ordinarily and reasonably charged by Company for the Services after the termination of this Agreement, until such time as Customer returns to Company or destroys such Materials.
8. Confidentiality
8.1. Obligations. Neither Party shall use, disseminate, reproduce or permit to be used, disseminated or reproduced, or in any way disclose the other Party’s Confidential Information to any person or entity except as required by law or as specifically permitted in this Agreement. Absent prior written consent of the other Party, each Party shall disclose Confidential Information only to those of its employees and independent contractors who have previously agreed to be bound by the terms and conditions of this Agreement and its in-house and outside legal counsel who need to know such information. Each Party shall treat all Confidential Information disclosed to it in connection with this Agreement as strictly confidential using commercially reasonable measures at least equal to those used by such Party with respect to its own Confidential Information.
8.2 Exceptions. The restrictions on use and disclosure of Confidential Information set forth in Section 9.1 shall not apply to any particular Confidential Information when and to the extent that the Confidential Information: (i) is or becomes generally available to the public through no fault of the receiving Party (or anyone acting on its behalf); (ii) was previously rightfully known to the receiving Party free of any obligation to keep it confidential; (iii) is subsequently disclosed to the receiving Party by a third party who may rightfully transfer and disclose the information without restriction and free of any obligation to keep it confidential; (iv) is independently developed by the receiving Party or a third party without reference or access to the disclosing Party’s Confidential Information; or (v) is otherwise agreed upon by the Parties not to be subject to the restrictions set forth in Section 9.1. The receiving Party may disclose Confidential Information if required to do so as a matter of law, regulation or court order, provided that: (i) the receiving Party shall use all reasonable efforts to provide the disclosing Party with at least 10 days prior notice of such disclosure, (ii) the receiving Party shall disclose only that portion of the Confidential Information that is legally required to be furnished, and (iii) the receiving Party shall use reasonable efforts to seek from the party to which the information must be disclosed confidential treatment of the disclosed Confidential Information. Notwithstanding that portions of the Services may be derived in whole or in part from publicly available sources, the Services and any of Company’s databases used in deriving the Services are proprietary, copyrighted and trade secrets of Company and, for the avoidance of doubt, the restrictions on use and disclosure of the Services are not subject to the exceptions contained in this Section 9.2.
9. Disclaimer; Injunction
9.1 Disclaimer. THE SERVICES ARE PROVIDED “AS IS†WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES BASED ON COURSE OF DEALING OR USAGE IN TRADE. company DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE COMPLETE OR FREE FROM ERROR OR WILL BE AVAILABLE 24 HOURS PER DAY, SEVEN DAYS PER WEEK, AND DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY LIABILITY TO ANY PERSON OR ENTITY FOR LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN THE SERVICES, WHETHER SUCH ERRORS OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT, OR OTHER CAUSE. company MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE SERVICES IN ANY GEOGRAPHIC AREA.
9.2 Injunction. Customer acknowledges that the Services are valuable commercial products, the development of which involved the expenditure of substantial time and money. Any violation of the Permitted Applications is a material breach of the Agreement and entitles Company to injunctive relief. If Customer infringe or misappropriate any of Company’s intellectual proprietary rights or violate the Permitted Applications, Company may not have adequate remedy in money or damages. Customer shall not oppose any filing for injunctive relief by Company as Customer deems Company has met its obligation of demonstrating that it prevails on the merits, irreparable harm to Company exists and no other remedy is practical. Granting of injunctive relief shall not limit Company’s right to seek further remedies at law or in equity and in connection with the issuance of an injunction, Company shall not be required to post a bond or provide an undertaking.
10. General Provisions
10.1 Agency. The Parties acknowledge that this is a business relationship based on the express provisions of this Agreement and no partnership, joint venture, agency, fiduciary or employment relationship is intended or created by this Agreement. Neither Party is the legal representative or agent of, nor has the power or right to obligate, direct or supervise the daily affairs of the other Party, and neither Party shall act or represent or hold itself out as such. The rights, duties, obligations and liabilities of the Parties shall be several and not joint, each party being individually responsible only for its obligations as set forth in this Agreement.
10.2 Severability. If any of the provisions of this Agreement becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
10.3 Waiver. Any waiver is only valid to the extent expressly set forth in writing. No waiver by either Party of any breach by the other Party of any of the provisions of this Agreement is deemed a waiver of any preceding or succeeding breach of the same or any other provision.
10.4 Survival. The following sections survive termination of this Agreement and continue in full effect until fully satisfied: 3.2 (License Restrictions); 5 (Fees); 6 (Reporting; Audits); 7.2 (Effects of Termination); 7.3 (Return or Destruction of Materials); 8 (Confidentiality); 9.1 (Disclaimer); and 10 (General Provisions).
10.5 Execution. This Agreement or any SOW may be executed in any number of counterparts, each of which is deemed an original, and all taken together constitute one and the same instrument. If this Agreement is executed in counterparts, no signatory is bound until all Parties have duly executed this Agreement and all Parties have received a fully executed Agreement. Any signature transmitted by facsimile or e-mail (in .pdf, .tif, .jpeg, or a similar format), or a photocopy of such transmission, is deemed to constitute the original signature of such Party to this Agreement. The individuals signing below represent that they are authorized to do so by and on behalf of the Party for whom they are signing.
10.6 Governing Law; Forum; Jury Trial; Attorneys’ Fees. The interpretation and construction of this Agreement is governed by the laws of the State of California. The Parties shall submit to the exclusive jurisdiction of, and waive any venue objections against, the courts of Southern California in any litigation arising out of this Agreement. Each Party hereby also waives any defenses it may have before such courts based on a lack of personal jurisdiction or inconvenient forum. Each of the Parties waives the right to a jury trial. The prevailing Party shall be awarded its reasonable attorneys’ fees and costs in any lawsuit or claim arising out of or related to this Agreement.
10.7 Uncontrollable Acts. Either Party shall be excused from performance of its obligations, except for Customer’s obligation to pay the Fees for Services provided, and shall not be liable for any delay caused by the occurrence of contingencies beyond its control including, but not limited to: act of terrorism, war (declared or not declared), sabotage, insurrection, riot, act of civil disobedience, act of any government, accident, fire, explosion, flood, storm, earthquake, volcanic eruption, nuclear event, any act of God, labor disputes, failure or delay of shippers, or unavailability of components or equipment.
10.8 Assignment. Customer shall not assign or transfer this Agreement or any rights or obligations under this Agreement. A change in control constitutes an assignment under this Agreement. For purposes of this Agreement, a “Change in Control†means: (a) any transaction in which Customer or a Permitted Affiliate merges or consolidates with or into another entity; (b) any transaction or series of transactions in which Customer or a Permitted Affiliate sells or otherwise transfers more than 20 percent of its capital stock (without regard to class or voting rights) or other securities or ownership interests; or (c) the sale, transfer or other disposition of all or substantially all of Customer’s or a Permitted Affiliate’s assets or the complete liquidation or dissolution of Customer or a Permitted Affiliate. Any unauthorized assignment or transfer shall be void and constitutes ground for immediate termination of this Agreement by Company. This Agreement binds and inures to the benefit of the Parties and their respective permitted successors and permitted assigns.
10.9 Notices. Any notice or other communication required or permitted under this Agreement is sufficiently given if delivered in person or sent by one of the following methods: (a) facsimile or (b) commercially recognized overnight service with tracking capabilities. Notices to the Parties shall be sent to the address or facsimile located in the signatory lines. Any such notice or communication is deemed properly delivered as of (i) the date personally delivered, (ii) sent by facsimile, or (iii) one business day after it is sent by commercially recognized overnight service. A Party may change its address by written notice given to the other Party before the effective date of such change.
10.10 Headings; Joint Drafters. Headings at the beginning of each section and subsection are solely for convenience and shall have no effect upon construction or interpretation of this Agreement. The Parties acknowledge that this Agreement was prepared by both Parties jointly.
10.11 Entire Agreement. With respect to the Services provided under this Agreement, this Agreement constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements and understandings of the Parties. No modifications to this Agreement are effective unless in writing and signed by both Parties.
THE PARTIES HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
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XYZ, INC. (“CUSTOMERâ€)
By: ______________________________________
Authorized Signature
Name: Monica Justice
Title: Chief Financial Officer
Date: ____________________________
Address: 876 Lucky Drive
This City, California 90002
Facsimile: (987) 555-3456
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ABC, LLC (“COMPANYâ€)
By: _____________________________________
Authorized Signature<
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Joseph2023-08-06 04:26:432023-08-06 04:26:43BUS Mod 3In the ever-evolving landscape of education, students face increasing challenges to meet the demands of their academic pursuits. Striking a balance between extracurricular activities, personal commitments, and a rigorous academic curriculum can be overwhelming. Amidst this struggle, online homework help services have emerged as invaluable resources for students seeking academic excellence. Among these, HomeworkProWriters.com shines as a beacon of light, standing tall as the best website for homework help.
Use the Internet to research the Best Places to Work (http://www.greatplacetowork.com/). Select two companies from two different industries on the Fortune 100 list.
Write a five to six (5-6) page paper (cover and reference pages are not included in the required assignment page length.) in which you:
1. Compare and contrast the two (2) industries you have identified in terms of size, products, services, customers, economic and regulatory environment.
2. Describe the mission, vision, values and core business practices of each of the companies you selected.
3. Recommend four to five (4-5) possible HR strategies that will support each organization’s mission, vision, values and core business practices for each company. Support your recommendations.
4. Identify how your recommended HR strategies will promote a competitive advantage for each company within their industry. Provide a rationale for your position.
5. Use at least five (5) academic quality resources in this assignment. Note: Wikipedia does not qualify as an academic resource.
Your assignment must follow these formatting requirements:
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Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format.
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Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date.
The specific course learning outcomes associated with this assignment are:
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Integrate the core human resource management functions and considerations into viable recommendations to meet the organization’s operating requirements.
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Use technology and information resources to research issues in contemporary business.
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Write clearly and concisely about contemporary business using proper writing mechanics.
At the core of HomeworkProWriters.com lies a team of exceptional and proficient writers. Each member of this distinguished cadre possesses advanced degrees in their respective fields, empowering them with the knowledge and expertise to tackle assignments from various academic disciplines. From complex mathematical problems to intricate literary analyses, their writers exhibit a remarkable ability to deliver impeccable content that adheres to the highest academic standards. One hallmark of the best homework help website is its comprehensive subject coverage. HomeworkProWriters.com leaves no academic stone unturned, catering to students across diverse subjects and levels of study. Whether it be fundamental sciences, nursing, humanities, social sciences, or technical disciplines, this platform ensures that no student is left without the support they need to excel.
Do you need a similar assignment done for you from scratch? We have qualified writers to help you. We assure you an A+ quality paper that is free from plagiarism. Order now for an Amazing Discount!
Use Discount Code "Newclient" for a 15% Discount!
NB: We do not resell papers. Upon ordering, we do an original paper exclusively for you.
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