Software License Terms (a) Software that is made available by a Provider to Recipient in connection with any Service (any such Software being referred to herein as “TSA-Licensed Software”) provided hereunder will be subject to the terms set forth in this Section 3.5 except as otherwise provided in the applicable Service Schedule. The Provider hereby grants to the Recipient a non-exclusive, non-transferable license to use, in object code form, any TSA-Licensed Software that is made available by the Provider pursuant to a Service Schedule. For the avoidance of doubt, the Provider that makes available any TSA-Licensed Software in connection with the provision of any Service retains the unrestricted right to enhance or otherwise modify such TSA-Licensed Software at any time, provided that such enhancements or other modifications do not disrupt the provision of such Service to the Recipient.
(b) The Recipient may not exceed the number of licenses, agents, tiers, nodes, seats, or other use restrictions or authorizations, if any, specified in the applicable Service Schedule. Some TSA-Licensed Software may require license keys or contain other technical protection measures. The Recipient acknowledges that the Provider may monitor the Recipient’s compliance with use restrictions and authorizations remotely, or otherwise. If the Provider makes a license management program available which records and reports license usage information, the Recipient agrees to appropriately install, configure and execute such license management program.
(c) Unless otherwise permitted by the Provider, the Recipient may only make copies or adaptations of the TSA-Licensed Software for archival purposes or when copying or adaptation is an essential step in the authorized use of TSA-Licensed Software. If the Recipient makes a copy for backup purposes and installs such copy on a backup device, the Recipient may not operate such backup installation of the TSA-Licensed Software without paying an additional license fee, except in cases where the original device becomes inoperable. If a copy is activated on a backup device in response to failure of the original device, the use on the backup device must be discontinued when the original or replacement device becomes operable. The Recipient may not copy the TSA-Licensed Software onto or otherwise use or make it available on, to, or through any public or external distributed network. Licenses that allow use over the Recipient’s intranet require restricted access by authorized users only.
(d) The Recipient must reproduce all copyright notices that appear in or on the TSA-Licensed Software (including documentation) on all permitted copies or adaptations. Copies of documentation are limited to internal use.
(e) Notwithstanding anything to the contrary herein, certain TSA-Licensed Software may be licensed under the applicable Service Schedule for use only on a computer system owned, controlled, or operated by or solely on behalf of the Recipient and may be further identified by the Provider by the combination of a unique number and a specific system type (“Designated System”) and such license will terminate in the event of a change in either the system number or system type, an unauthorized relocation, or if the Designated System ceases to be within the possession or control of the Recipient.
(f) The Recipient will not modify, reverse engineer, disassemble, decrypt, decompile, or make derivative works of the TSA-Licensed Software. Where the Recipient has other rights mandated under statute, the Recipient will provide the Provider with reasonably detailed information regarding any intended modifications, reverse engineering, disassembly, decryption, or decompilation and the purposes therefor.
(g) The Recipient may permit a consultant or subcontractor to use TSA-Licensed Software at the licensed location for the sole purpose of providing services to the Recipient.
(h) Upon expiration or termination of the Service Schedule under which TSA-Licensed Software is made available, the Recipient will destroy the TSA-Licensed Software. The Recipient will remove and destroy or return to the Provider any copies of the TSA-Licensed Software that are merged into adaptations, except for individual pieces of data in the Recipient’s database. The Recipient will provide certification of the destruction of TSA-Licensed Software, and copies thereof, to the Provider. The Recipient may retain one copy of the TSA-Licensed Software subsequent to expiration or termination solely for archival purposes.
(i) The Recipient may not sublicense, assign, transfer, rent, or lease the TSA-Licensed Software to any other person except as permitted in this Section 3.5.
(j) The Recipient agrees that the Provider may engage a third party designated by the Provider and approved by the Recipient (such approval not to be unreasonably withheld) to audit the Recipient’s compliance with the Software License terms. Any such audit will be at the Provider’s expense, require reasonable notice, and will be performed during normal business hours. Such third party will be required to execute a non-disclosure agreement that restricts such third party from disclosing confidential information of the Recipient to the Provider, except to the extent required to report on the extent to which the Recipient is not in compliance with the Software License terms.
NON-NETWORK PROVIDER is a provider that has not entered into a contract with us or any other Blue Cross and Blue Shield plan. For pediatric dental care services, non-network provider is a dentist that has not entered into a contract with us or does not participate in the Dental Coast to Coast Network. For pediatric vision hardware services, a non-network provider is a provider that has not entered into a contract with EyeMed, our vision care service manager.
Provider Network The Panel of health service Providers with which the Contractor contracts for the provision of covered services to Members and Out-of-network Providers administering services to Members.
Customer Content As part of the Services provided under this Agreement, Customer Data will be stored and processed in the data center region specified in the applicable Ordering Document. Axway shall not access Customer Content except in response to support or technical issues where Customer provides Axway with prior Customer’s written authorization required to access such Customer Content. Axway is not responsible for unauthorized access, alteration, theft or destruction of Customer Content arising from Customer’s own or its authorized users’ actions or omissions in contravention of the Documentation. Customer’s ability to recover any lost data resulting from Axway’s misconduct is limited to restoration by Axway from the most recent back-up.
Business License Prior to commencement of work, Consultant shall obtain a business license from City.
Business Names Other than its full corporate name, Borrower has not conducted business using any trade names or fictitious business names except as shown on the Supplement.
Customer Focus Is dedicated to meeting the expectations and requirements of internal and external customers; gets first hand customer information and uses it for improvements in products and services; acts with customers in mind; establishes and maintains effective relationships with customers and gains their trust and respect Integrity and Trust Is widely trusted; is seen as a direct, truthful individual; can present the unvarnished truth in an appropriate and helpful manner; keeps confidences; admits mistakes; doesn’t misrepresent him/herself for personal gain. Drive For Results Can be counted on to exceed goals successfully; Is constantly and consistently one of the top performers; very bottom line oriented; steadfastly pushes self and others for results. Decision Quality Makes good decisions (without considering how much time it takes) based upon a mixture of analysis, wisdom, experience, and judgment; most of his/her solutions and suggestions turn out to be correct and accurate when judged over time; sought out by others for advice and solutions. Managing & Measuring Work Clearly assigns responsibility for tasks and decisions; sets clear objectives and measures; monitors process, progress, and results; designs feedback loops into work. Organisational Agility Knowledgeable about how organizations work; knows how to get things done both through formal channels and the informal network; understands the origin and reasoning behind key policies, practices, and procedures; understands the cultures of organizations. Interpersonal Savvy Relates well to all kinds of people – up, down, and sideways, inside and outside the organisation; builds appropriate rapport; builds constructive and effective relationships; uses diplomacy and tact; can defuse even high-tension situations comfortably. Motivating Others Creates a climate in which people want to do their best; can motivate many kinds of direct reports and team or project members; can assess each person and get the best out of him/her; pushes tasks and decisions down; empowers others; invites input from each person and shares ownership and visibility; makes each individual feel his/her work is important; is someone people like working for and with. • Directors of Nursing • Patients, families and whānau • Clinical Nurse Specialists • LMC Access Holders • Integrated Operations Centre • Other service providers (DHBs, NGOs, PHO) • Clinical Directors/Clinical Leaders • Health and Welfare Agencies • Service Managers • Relevant Support Groups • Other Charge Nurse Managers/Charge Midwife Managers/Unit Managers • University of Otago School of Medicine, Otago and Southland Polytechnics • Practice Development Unit staff • Professional Colleges and Registration Bodies • Clinical and Corporate support staff • SDHB wide staff The expertise required for a person to be fully competent in the role. Position specific competencies: ESSENTIAL DESIRABLE Education and Qualifications (or equivalent level of learning) • Registered Nurse/Midwife. • Holds a current practising certificate. • Holds a current portfolio (PDRP/QLP) or equivalent appropriate to the role. • Post-graduate diploma or degree in a relevant field. • Experience • Nursing leadership experience. • A history of a collaborative team approach. • Proven clinical credibility. • Extensive experience in the health sector. • Extensive experience of clinical quality and safety, best practice. • • Critical consumer of research and embraces evidenced based practice when carrying out tasks/functions. Knowledge and Skills • Strong clinical leadership and management skills. • Extensive knowledge of the health sector. • Extensive knowledge of clinical quality and safety, best practice. • Excellent group facilitation skills. • Advanced communication techniques such as conflict resolution, diffusion and mediation skills. • Knowledge of and demonstrated use of adult teaching and learning principles. • Personal Qualities • Commitment and personal accountability. • Excellent interpersonal skills, including ability to work effectively with people at all levels of the organisation. • Acts with discretion, sensitivity and integrity at all times. • Is adaptable and flexible – open to change (positive or negative). • Innovative and flexible with a positive problem solving approach in all situations. • Maintains an exceptionally high level of confidentiality. • Forward thinker, flexible, courteous, self-motivated. • Committed to continuous quality improvement. • Ability to liaise and network at all levels. • A reasonable level of fitness is required to cope with the demanding physical requirements of the job. The following denote the key physical requirements for the position: standing, walking, bending, sitting, stairs, simple grasping, fine manipulation, operating machinery/equipment, lifting, overhead reaching, carrying, pushing/pulling, twisting, climbing/balancing, crouching/squatting, manual handling of people, other reaching, and ability to participate in personal restraint if required. Clinical Leadership Xxxxxx a culture that strives for excellence in clinical service provision within allocated resources. • Promote excellence in clinical service provision through the sharing of new knowledge, ideas, and research. • Encourage innovation and practice initiatives that enhance clinical care or service provision. • Maintain a high standard of clinical expertise within the xxxx/unit. • Xxxxxx the development of a cohesive team which works collaboratively to achieve optimal patient/ service outcomes. • Be active and visible within the team, motivating and actively praising/valuing staff endeavours, and acknowledging patient satisfaction and good clinical care. • Promote patient/client centred care that incorporates a strong customer service philosophy through effective and positive interactions with patients/ clients, staff, visitors and other agencies. • Ensure clinical practice is provided within accepted professional standards, codes, policies and relevant legislation. • Ensure Treaty of Waitangi principles and Tikaka best practice guidelines are fully integrated into practice. • Encourage a culture of continuous learning, positive critique of the status quo and use of evidence based practice. • Ensure there is adequate leadership and principles of direction and delegation are adhered to by all staff. Service Planning and Delivery Lead and manage wards/units to provide efficient and effective services. Participate in and lead where relevant, xxxx/ unit service planning. • Lead and manage respective wards/units/services in accordance with operational plans and budgets. • Ensure a consumer/patient service focus is adopted and maintained at all xxxx/unit/service team level. • Implement Southern District Health Board wide policies and processes. • Ensure service delivery complies with Health and Disability sector standards and relevant legislation. • Actively participate in the preparation of service activity plans. • In conjunction with the Associate Director of Nursing/ Director of Nursing/Service Manager ensure service planning and delivery complies with Ministry of Health elective service performance indicator standards (where applicable). • Ensure adherence to the SDHB delegations of authority. • Effectively utilise Southern District Health Board information systems and data to enable xxxx/unit/ service patient care management and human resource utilisation activities. • Identify, lead and manage projects to improve xxxx/ unit/service efficiency and effectiveness. • Lead the team to effectively ensure discharge processes are robust and support the needs of the service, including timeliness, and staff responsibility in efficient discharge planning. • Build and maintain effective relationships and communication mechanisms with staff, associated clinical and support services, and external agencies as applicable. • Develop and implement audit care pathways in conjunction with clinical staff. • Ensure integrated care plans are utilised in clinical service delivery. • Facilitate and champion the integration of the SDHB Team based model of nursing practice. • Monitor xxxx/unit/service performance against key performance indicator targets, identifying and implementing corrective actions as and if required in conjunction with the Associate Director of Nursing/ Director of Nursing/Service Manager. • Prepare accurate monthly management reports for the xxxx/unit including variance analysis of key performance indicators, balanced scorecard and financial management variances together with corrective actions. • Prepare business cases and/or reports as requested/ required by the Associate Director of Nursing/Director of Nursing/ Service Manager. Staff Management and Planning Ensure the service/s is/are appropriately staffed. Best practice human resource standards are met. Effectively lead and manage assigned staff in order to develop and maintain a cohesive and productive team. Ensure effective communication within service. • Lead by example acting as a positive, motivating and inspiring role model for all staff. • Model sound Human Resource practice and, facilitate coaching and performance development for staff, in consultation with Human Resources and the Associate Director of Nursing/Director of Nursing/Service Manager; facilitate change management as appropriate. • Ensure effective recruitment, orientation, preceptorship, rostering and administration of staff in accordance with Southern District Health Board policies. • Develop a comprehensive staffing plan for staff directly reporting to the CNM/MM that recognises potential shortcomings and identifies strategies to address gaps both short and long term. • Ensure professional staff practice with a current annual practising certificate and logs in the appropriate reporting system. • Ensure rosters are developed in accordance with approved core roster resource levels and SDHB Rostering Standards and budgets. • Ensure appropriately budgeted training and development plans are in place for all staff. In conjunction with the ACN/CNS/Practice Development • Develop communication mechanisms that facilitate effective and timely communication within and across the xxxx/s and/or unit/s. • Proactively plan and implement appropriate staffing aligned with variations in patient/staff activity, e.g. winter, Christmas, school holidays. • Ensure timely staff appraisal and feedback structures are in place. With staff, identify professional development plans aligned to SDHB and service priorities. • Proactively deal with staff conflict and performance issues. • Ensure effective strategies are in place to resolve issues. • Maximise opportunities to create a harmonious working environment. Show positive leadership and seek feedback. • Manage employee leave to ensure service demands are matched with the legal requirements for staff to take leave. • Ensure accuracy and timeliness in rostering and payroll transactions in compliance with OneStaff (staff management system) and the SDHB Rostering Standards Unit Nurse Educator, and ensure in-service training and education is carried out to maintain quality of service. • Promote and facilitate nursing staff participation in the PDRP (Professional Development Recognition Programme). • Ensure all staff have an up to date annual leave management plan at all times. Financial Management Work within budgets for the financial year, and work in collaboration with the Associate Director of Nursing/Director of Nursing/Service Manager to develop risk mitigation strategies for unexpected expenditure. Participate in developing and managing annual and three year capital expenditure plan. • Report to the Associate Director of Nursing/Director of Nursing/Service Manager on a monthly basis, financial performance including variations and corrective actions. • Work closely with Analyst to understand variances and operationalise mitigating strategies. • Participate in annual budgeting process with Associate Director of Nursing/Director of Nursing/Service Manager and Analyst. Report to the Associate Director of Nursing/Director of Nursing/Service Manager on a monthly basis, financial performance including variations and corrective actions. • Work closely with Analyst to understand variances and operationalise mitigating strategies. • Participate in annual budgeting process with Associate Director of Nursing/Director of Nursing/Service Manager and Analyst. • Manage capital expenditure within annual capital expenditure plans, and in accordance with SDHB policies and procedures. • Proactively engage with staff to identify ideas and action plans for xxxx/unit efficiency improvements and cost reduction initiatives. Quality and Risk Management Manage xxxx/unit quality and risk programmes. Lead and manage certification and accreditation within xxxx/unit. Xxxxxx a quality improvement culture. • Lead, administer and facilitate staff involvement in xxxx/unit quality and risk programmes and action plans, and participate in service wide programmes, in accordance with Southern District Health Board policy. • Lead and manage service level health and safety programmes including audit of hazards and routine reporting of incidents and accidents. • Investigate complaints, incidents and other matters in a timely manner, reporting outcomes as required • Ensure compliance including: all relevant standards and legislation, health safety, professional regulations, and equipment. • Manage xxxx/unit balanced scorecard and report and manage variations. • Lead the xxxx/unit incident reporting and investigation processes, within SDHB policies and procedures. • Support and demonstrate the philosophy and practice of a service and organisational wide systems approach to service and operational processes. including development of action plans to facilitate xxxx/unit/ service development. • Proactively develop new xxxx/unit/service policies and protocols in conjunction with members of the team. • Maintain professional and organisational quality standards. • Ensure delivered work is planned, delivered, and implemented consistently against quality standards. • Continuously identify improvement opportunities to perform job in most effective manner. • Investigate opportunities to achieve goals in a more efficient way. • Lead and support the implementation of the Releasing Time to Care programme for the xxxx/unit/ service. • Performance is in alignment with HR quality audit standards, organisational requirements, and professional standards. • Lead the roll out and continual update of visual management boards for the xxxx/unit/service which displays key elements of performance for staff and patients. Strategic Management Contribute and lead xxxx/unit operational and clinical projects. Lead in the process of change and instil a continuous quality improvement culture. • Maintain knowledge of current and emerging strategic priorities for the relevant service grouping specialties. • Lead assigned projects that are of strategic xxxx/unit & service priority, ensuring their effective completion within assigned timeframes and resources. • Build a collective vision for the xxxx/unit to allow staff to have a clear understanding of their role in service provision. • Use Balanced Scorecard, incidents, complaints and other KPIs to inform xxxx/unit development and improvement opportunities • Participates in SDHB wide projects as relevant to xxxx/unit/service. • Participate in focus groups/projects that advance issues and strategies for the organisation. • Provide cover for other CNM/CMM/UM within the service as required. • Act up as Associate Director of Nursing/Director of Nursing/Service Manager as required/requested. • Participate collectively with other CNM/CMM to provide a collaborative approach to provide clinical service provision. • Plan and manage own work to achieve desired results on time, within budget and to required standard. • Act as a role model for the SDHB organisational values.
License Types (a) A Team License shall mean a subscription license that provides a limited number of licenses to a set amount of developers for a named Customer. Customer must procure enough active licenses for each individual who has Programmatic Access. A Team License only grants rights to a named Customer and does not extend any right, in any form, to any parent or subsidiary company of Customer. A Team License cannot be used as a floating license.
(b) A Project License shall mean a subscription license which covers one named Customer application. The license fees are based on the total number of developers working on a named project, regardless of whether such developers are directly using the Licensed Product. For the purposes of pricing and license administration, a “Project Group” is deemed to be a distinct Customer software team within a Customer’s business unit that works towards a distinct business purpose for the benefit of a single application. Customer is required to identify the name of each such Project Group to Syncfusion; such name must be unambiguous in nature. It is acknowledged and agreed by Customer that each identified Project Group shall exist for a valid business purpose and not just as a means for consolidating software licenses to minimize license fees that are otherwise due. If, in the sole opinion of Syncfusion, multiple Customer teams would each individually meet the above definition of a Project Group, such multiple teams shall not be combined for the purpose of consolidating licenses under a single Project Group. Customer is responsible for providing information about each such Project Group to Syncfusion. By entering into this Agreement, Customer represents that after the effective date, it will not withhold information that Syncfusion requires to properly license each such Project Group, and further agrees that any misrepresentation in this regard constitutes a material breach of this Agreement.
(c) A Division License shall mean a subscription license which will cover one named Division and allow for development work on more than one project within such Division. A Division shall mean a business unit within Customer’s organization that works towards a distinct business purpose. Customer is required to identify the name of such Division to Syncfusion; such name must be unambiguous in nature. License fee determinations will be at the sole discretion of Syncfusion and be based on such factors including, but not limited to, Customer’s Division size, developer count, and the scope of the Division’s business purpose. By entering into this Agreement, Customer acknowledges that it is responsible for providing information about the named Customer Division to Syncfusion sufficient for Syncfusion to price the Division License, and Customer represents that it will not withhold information that Syncfusion requires to properly license each such named Customer division, and further agrees that any misrepresentation in this regard constitutes a material breach of this Agreement.
(d) A Global License shall mean a subscription license for all development for a named Customer, where the license fees are based on the overall size of a named Customer. A Global License only grants rights to a named Customer and does not extend any right, in any form, to any parent or subsidiary company of Customer.
(e) A Retail License shall mean a single named user, non-transferable license to use the Licensed Product. Retail Licenses will only made available to Customers in Syncfusion’s sole discretion and only when the number of such End-Users is finite and readily ascertainable. Accordingly, Syncfusion will make a determination as to whether or not the provision of Retail Licenses is appropriate under the circumstances applicable to any given Customer, and Syncfusion reserves the right, in its sole discretion, to refuse to make available Retail Licenses to a Customer and instead require a given Customer to procure a Project License, Division License, or Global License as circumstances dictate. A Retail License only grants rights to a named Customer and does not extend any right, in any form, to any parent or subsidiary company of Customer.
Proposed Policies and Procedures Regarding New Online Content and Functionality By October 31, 2017, the School will submit to OCR for its review and approval proposed policies and procedures (“the Plan for New Content”) to ensure that all new, newly-added, or modified online content and functionality will be accessible to people with disabilities as measured by conformance to the Benchmarks for Measuring Accessibility set forth above, except where doing so would impose a fundamental alteration or undue burden.
a) When fundamental alteration or undue burden defenses apply, the Plan for New Content will require the School to provide equally effective alternative access. The Plan for New Content will require the School, in providing equally effective alternate access, to take any actions that do not result in a fundamental alteration or undue financial and administrative burdens, but nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services as their nondisabled peers. To provide equally effective alternate access, alternates are not required to produce the identical result or level of achievement for persons with and without disabilities, but must afford persons with disabilities equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement, in the most integrated setting appropriate to the person’s needs.
b) The Plan for New Content must include sufficient quality assurance procedures, backed by adequate personnel and financial resources, for full implementation. This provision also applies to the School’s online content and functionality developed by, maintained by, or offered through a third-party vendor or by using open sources.
c) Within thirty (30) days of receiving OCR’s approval of the Plan for New Content, the School will officially adopt, and fully implement the amended policies and procedures.
Terms of Use The Clean Energy Council Limited (CEC) owns all intellectual property rights in the Solar PV Sale and Installation Agreement (Agreement).
