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.
End Users Customer will control access to and use of the Products by End Users and is responsible for any use of the Products that does not comply with this Agreement.
End User This agreement shall bind the ordering activity as end user but shall not operate to bind a Government employee or person acting on behalf of the Government in his or her personal capacity.
User Content 13.1 The Site permits the submission and posting of questions and answers in connection with Evaluation Processes and may also permit the submission and posting of other text and/or other content submitted by you and other users (all of the foregoing, collectively, “User Submissions”), and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, the Company does not guarantee any confidentiality with respect to any User Submissions. You acknowledge that you shall not be due any remuneration in connection with your User Submissions from the Company or from any other User. 13.2 You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with your User Submissions, you affirm, represent, and/or warrant that: (i) your submission of User Submissions and the publication and use thereof by the Company does not violate the copyrights, trade secrets rights or other intellectual property rights of any third party, nor shall it constitute or result in a breach of any duty or obligation of confidentiality owed by you to any third party, and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Company and this Agreement. 13.3 By submitting User Submissions to the Site, you hereby grant to the Company a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable right and license to use, reproduce, modify, distribute and exploit such User Submission in any manner and in any form of media, whether currently or hereafter existing. You represent and warrant that you have all necessary right, title and interest in and to each such User Submission to validly grant such license to the Company. 13.4 In connection with User Submissions and any other transmission of messages or material facilitated by the Site, you further agree that you will not: (i) submit or transmit material that is not authorized by the copyright owner, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and grant the rights granted to the Company in Section 13.3 above; (ii) publish or transmit falsehoods or misrepresentations that could damage the Company or any third party; (iii) submit or transmit material that is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post or transmit advertisements or solicitations of business; or (v) impersonate another person. If notified by a user or a content owner of a User Submission that allegedly does not conform to this Agreement, the Company may investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Submission, which it reserves the right to do at any time. Additionally, the Company may, at any time, remove any User Submission that in the sole judgment of the Company violates this Agreement. 13.5 User Submissions may be provided by (without limitation) Users who are members of a Start-Up management team, contacts referred by Start-Ups (including without limitation customers, scientific advisors, background references, suppliers and distributors), external experts referred by the Company. The insights, recommendations, views and other content reflected in a User Submission should be taken as opinion rather than statements of facts. Investors should conduct their own diligence before making an investment. Nothing contained in a User Submission constitutes tax, legal, insurance or investment advice, or the recommendation of or an offer to sell, or the solicitation of an offer to buy or invest in, any investment product, vehicle, service or instrument. Such an offer or solicitation may only be made by delivery to a prospective investor of formal offering materials, including subscription or account documents or form, which should be reviewed carefully by any such investor before making the decision to invest in any particular company issuer listed, reviewed or discussed on the Propel(x) platform. To the maximum extent permitted under applicable law, you hereby release Propel(x) (and our officers, directors, agents, investors, subsidiaries, and employees) and each other User from any and all claims, demands, liabilities, losses or damages (whether direct, indirect, consequential, incidental or otherwise) of every kind and nature, known and unknown, suspected or unsuspected, arising out of or in any way related to User Submissions (including your reliance thereon). You acknowledge that, in connection with the foregoing release, you hereby irrevocably waive all rights granted to you under Section 1542 of the California Civil Code or any analogous applicable state or federal law or regulation. Said Section 1542 of the Civil Code of the State of California reads as follows:
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.
Third Party Products and Services Any third-party hardware, software and/or services that is delivered by ResMed for use either standalone or in conjunction with ResMed products and/or services, shall be subject to the third-party terms and conditions and/or license agreements between Customer and the third party. Such third-party hardware, software and/or services is provided by ResMed "AS IS," without any warranty of any kind. Any representations or warranties as to such hardware, software and/or services shall only be as granted by the applicable third parties, if any, that accompany such products and/or software and/or services. Any representations, warranties, or other similar obligations with respect to such third-party hardware, software and/or services flow directly from the third party to Customer and ResMed shall have no responsibility at all for any such representations, warranties, obligations or lack thereof.
Company Products Schedule 2.10(d) of the Company Disclosure Letter lists all Company Products, and for each such product or feature (and each version thereof) identifying its release date.
License; Use Upon delivery to an Authorized Person or a person reasonably believed by Custodian to be an Authorized Person of the Fund of software enabling the Fund to obtain access to the System (the “Software”), Custodian grants to the Fund a personal, nontransferable and nonexclusive license to use the Software solely for the purpose of transmitting Written Instructions, receiving reports, making inquiries or otherwise communicating with Custodian in connection with the Account(s). The Fund shall use the Software solely for its own internal and proper business purposes and not in the operation of a service bureau. Except as set forth herein, no license or right of any kind is granted to the Fund with respect to the Software. The Fund acknowledges that Custodian and its suppliers retain and have title and exclusive proprietary rights to the Software, including any trade secrets or other ideas, concepts, know-how, methodologies, or information incorporated therein and the exclusive rights to any copyrights, trademarks and patents (including registrations and applications for registration of either), or other statutory or legal protections available in respect thereof. The Fund further acknowledges that all or a part of the Software may be copyrighted or trademarked (or a registration or claim made therefor) by Custodian or its suppliers. The Fund shall not take any action with respect tot the Software inconsistent with the foregoing acknowledgement, nor shall the Fund attempt to decompile, reverse engineer or modify the Software. The Fund may not xxx, sell, lease or provide, directly or indirectly, any of the Software of any portion thereof to any other person or entity without Custodian’s prior written consent. The Fund may not remove any statutory copyright notice or other notice included in the Software or on any media containing the Software. The Fund shall reproduce any such notice on any reproduction of the Software and shall add any statutory copyright notice or other notice to the Software or media upon Custodian’s request.
License for Txdot Logo Use DocuSign Envelope ID: 08011FCF-93C2-4F54-8A05-20A33047A1D8
Users There is no limit to the number of users who can access the Software. You can invite any person You wish to access the Software.
