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This Sales and Intellectual Property License and Support Agreement (the "Agreement"), is made and entered into in Las Vegas, Nevada USA, by and between SkyWire Media, Inc., a Nevada corporation ("SKYWIRE"), with offices at 5955 Edmond St., Las Vegas, Nevada USA, and the individual or entity identified in the SKYWIRE Sales Quote executed by said individual or entity ("Customer") in connection with this Agreement. SKYWIRE and Customer may be referred to herein as "party", or collectively, "parties". This Agreement and all terms and conditions therein shall be effective as of the date the Customer executes the SKYWIRE Sales Quote (the "Effective Date"), whether by electronic or written signature.
By executing the SKYWIRE Sales Quote, whether by electronic or written signature, Customer hereby acknowledges that they have had opportunity to consult with independent counsel regarding all terms and conditions in this Agreement, and that Customer has read, acknowledges and agrees to be bound by all terms and conditions in this Agreement. Customer hereby waives any and all legal defenses regarding Customer's mutual assent to the terms and conditions of this Agreement.
Customer acknowledges and agrees that SKYWIRE may amend this agreement from time to time without customer's consent. Customer agrees to be bound by the terms of such amendments without further consideration or notice, provided that said amendments are available to customer and posted on SKYWIRE's website at: http://www.SkyWire.com/ServicesAndSupport/SalesAndIntellectualPropertyLicenseAndSupportAgreement.
NOW, THEREFORE, in consideration of the representations and promises of the parties set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
- The following terms in this Agreement shall have the meanings set forth below:
Intellectual Property. "Intellectual Property" means the technology and products identified as "Intellectual Property" on the SKYWIRE Sales Quote.
License Fees. "License Fees" refers to those fees, if any payable by Customer to SKYWIRE for the license rights to the Intellectual Property, as set forth in the SKYWIRE Sales Quote.
Hardware. "Hardware" refers to the items identified as "Hardware" on the SKYWIRE Sales Quote.
Support Fees. "Support Fees" refers to those fees payable by Customer to SKYWIRE for the support and servicing of the Intellectual Property, if any, as identified in the Support Fees Schedule attached to the SKYWIRE Sales Quote or then in place.
One-Time Charges. "One-Time Charges" refers to the sum of One-Time Charges identified for certain items in the SKYWIRE Sales Quote.
Modifications. "Modifications" collectively refers to any and all standard maintenance releases directly relating to the Intellectual Property. The term "Modifications" does not include new modules, next generation products or releases, or customized enhancements or developments.
Error Corrections. "Error Corrections" means any and all software code designed to correct known, documentable, and reproducible defects in the Intellectual Property.
2. One-Time Charges. SKYWIRE shall have no obligation to deliver any products or services, including Intellectual Property, Hardware, software or other services, pursuant to this Agreement until receipt of one hundred percent (100%) of the total One-Time Charges identified in the SKYWIRE Sales Quote.
a. Down Payment. Prior to SKYWIRE commencing any work pursuant to this Agreement, Customer shall make a down payment of fifty percent (50%) of the total One-Time Charges identified in the SKYWIRE Sales Quote. The remaining fifty percent (50%) of the total of One-Time Charges shall be paid by Customer prior to SKYWIRE being obligated to deliver any Hardware identified in the SKYWIRE Sales Quote.
b. Non-Refundable. Any down payment(s) required by SKYWIRE pursuant to the SKYWIRE Sales Quote or this Agreement shall be non-refundable, including, but not limited to, any down payments required by SKYWIRE for One-Time Charges, Intellectual Property, License and Support Fees, Hardware, or other services pursuant to this Agreement.
3. Payment of Invoices. Customer shall pay one hundred percent (100%) of the total amount of all SKYWIRE invoices within thirty (30) days of the date of the SKYWIRE invoice. Retention by Customer of lease or sale financing shall not relieve Customer of its obligations hereunder.
a. Dispute. In the event that Customer should have a good faith dispute regarding any invoice or charge submitted by SKYWIRE, the parties shall first in good faith attempt to resolve such dispute as soon as reasonable practicable. Failure of the parties to resolve any such dispute shall not relieve Customer of any of its payment obligations hereunder.
b. Late Payment. For any balance outstanding for more than thirty (30) days from the date of the SKYWIRE invoice, the Customer shall be charged and shall pay interest on the balance due at the rate of 1.5% per month (18% per annum) or the maximum rate of interest permitted under applicable law, if less. SKYWIRE shall have the right to cease its obligations under this Agreement entirely if payment is not received within thirty (30) days of the date of the invoice.
c. Taxes and Shipping. Customer shall be solely responsible for payment of all taxes, freight and other shipping costs incurred by SKYWIRE pursuant to this Agreement as identified in the SKYWIRE Invoice or otherwise submitted by SKYWIRE.
d. Installation and Training Fees. Customer agrees to pay all travel, mileage, lodging, meals, accommodations and other reasonable expenses incurred by SKYWIRE' employees, subcontractors or agents in connection with the installation of and training for the Intellectual Property and SKYWIRE products, whether such expenses are incurred during start-up training or for additional training requested by the Customer. SKYWIRE shall endeavor to obtain reasonable available airfares and will not travel first class. Travel and related expenses will be invoiced separately as incurred by SKYWIRE.
4. Grant of License for Intellectual Property. Upon full payment by Customer of all sums due under this Agreement, and on the terms and subject to the conditions of this Agreement, SKYWIRE grants to Customer, and Customer accepts, a nontransferable and nonexclusive license to use the Intellectual Property at the site(s) identified in the SKYWIRE Sales Quote for Customer's internal business purposes. Customer agrees that it shall not copy, distribute, re-license, sublicense or allow third parties other than Customer's clients or employees to use or access the Intellectual Property. Customer shall not reverse engineer, disassemble, decompile, modify, or alter the Intellectual Property or any copy thereof, in whole or in part. SKYWIRE shall retain title to the Intellectual Property and expressly reserves all rights in the Intellectual Property not expressly granted to Customer.
5. Network/Hardware/Third Party Software Requirements. Customer acknowledges and agrees that the performance of the Intellectual Property is conditioned upon Customer procuring, at its sole cost and expense, the specified network, network configuration, and other required hardware and third party software in accordance with SKYWIRE specifications. Customer waives any claims, without limitation, including warranty claims against SKYWIRE arising out of or related to the network, network configuration, hardware or third party software used in connection with the Intellectual Property that does not meet SKYWIRE's specifications.
6. Inspection Rights. To assist SKYWIRE in the protection of its proprietary rights with respect to the Intellectual Property, SKYWIRE shall have the right, once a year, or upon reasonable belief that there may have been a breach hereunder, during regular business hours, to inspect the Intellectual Property at the location(s) at which the Intellectual Property is used and stored by Customer.
7. Restrictions. Customer may not loan, rent, lease, transfer, convey, assign or license the Intellectual Property, or any copy thereof to any other party. Customer may not sell information services to other parties through the use of the Intellectual Property, whether in the form of a service bureau, reservation center, or other information processing entity. In addition, Customer may not modify the Intellectual Property, or attempt to circumvent any licensing requirements, including the requirement to obtain a separate interface license for each third party device which sends information to or receives information from the Intellectual Property. Customer shall not reverse engineer, decompile or disassemble Intellectual Property without the express written consent of SKYWIRE. SKYWIRE reserves all other rights not expressly granted to Customer hereunder.
8. Intellectual Property Notices. Customer shall not remove any copyright, trademark or patent notices that appear on the Intellectual Property.
9. SKYWIRE Software License. In no event shall Customer write, interface, or otherwise access any SKYWIRE software products licensed hereunder with a third-party application or create or add fields, tables or indices to the SKYWIRE software products without SKYWIRE' express prior written consent. In the event Customer writes, interfaces or accesses any SKYWIRE software products with a third-party application or creates or adds fields, tables or indices to any SKYWIRE software products without SKYWIRE' written consent, Customer shall pay to SKYWIRE an additional annual surcharge in the amount of twenty percent (20%) of the annual Support Fees. SKYWIRE shall waive such surcharge if the third-party application has been previously certified by SKYWIRE and Customer has purchased the required interface from SKYWIRE. SKYWIRE shall have the right to inspect and audit any SKYWIRE software products at the location(s) at which any SKYWIRE software products are used and stored by Customer to assure compliance herewith.
10. License and Support Fees. In consideration of the licenses granted and services to be provided by SKYWIRE to Customer under this Agreement, Customer agrees to pay the License Fees as set forth in the SKYWIRE Sales Quote. Customer further agrees to pay the Support Fees, as incurred, specified in the Support Fees Schedule attached to the SKYWIRE Sales Quote. Customer shall pay all License Fees and Support Fees, as incurred, within thirty (30) days of the date identified on the SKYWIRE invoice for such fees. The License Fees and Support Fees hereunder do not include, and shall be increased to include any and all local, state, or federal taxes (including without limitation VAT, if any), however designated, levied or assessed, customs duties and disbursements such as the costs of materials, shipping, travel and telecommunications. Any indications of time contained in offers made by SKYWIRE shall be deemed estimated.
11. Installation. Customer acknowledges that the prices identified in the SKYWIRE Sales Quote do not include on-site installation of any Intellectual Property, hardware, software or other SKYWIRE products. Upon acceptance of this executed Agreement by SKYWIRE, SKYWIRE and Customer shall establish a mutually agreeable date for any necessary installation of the products identified in the SKYWIRE Sales Quote. Installation costs and fees shall be billed to Customer separately from any License and Support Fees. Customer recognizes the importance of honoring any scheduled installation date, and shall promptly notify SKYWIRE in writing if Customer is required to delay the scheduled installation date. Any such Customer written notice of delay shall be provided at least thirty (30) days before the scheduled installation date.
Customer shall be solely responsible for installation of any requisite AC power lines. SKYWIRE does not provide cabling service, and shall not be reasonable for the inspection of any electrical installation. Customer acknowledges receipt of documentation concerning the requirements for dedicated, isolated and insulated AC power lines for all SKYWIRE products.
12. Training. SKYWIRE shall only be responsible for providing the Customer with start-up training on the Intellectual Property and SKYWIRE products if expressly indicated in the SKYWIRE Sales Quote. If SKYWIRE is designated in the SKYWIRE Sales Quote to provide start-up training, such training will be provided exclusively to Customer and its employees. SKYWIRE's sole obligation for any such start-up training shall be to provide a qualified instructor for Customer's service for only the number of hours designated in the SKYWIRE Sales Quote. SKYWIRE does not guarantee that, after such training, the trainees will be able to use or operate the Intellectual Property properly.
At Customer's request, SKYWIRE may provide additional training time beyond the amounts stated on the SKYWIRE Sales Quote at SKYWIRE' then-prevailing rates for training. Customer agrees that it may not offer its trained employees to other third parties for the purpose of resale. SKYWIRE and Customer will mutually agree upon a training schedule. Customer agrees to pay all travel, mileage, lodging, meals, accommodations and other reasonable expenses incurred by SKYWIRE' employees, subcontractors or agents in connection with the installation of and training for the Intellectual Property and SKYWIRE products, whether such expenses are incurred during start-up training or for additional training requested by the Customer. SKYWIRE shall endeavor to obtain reasonable available airfares and will not travel first class. Travel and related expenses will be invoiced separately when incurred by SKYWIRE and shall be paid by Customer within thirty (30) days of the date of the SKYWIRE invoice.
13. Consulting Services. SKYWIRE may provide Customer with certain "Consulting Services" upon request. "Consulting Services" means and includes any professional and consulting services not explicitly defined or provided herein, including without limitation "gap" analyses, analyses of Customer legacy product features and functionality, consultation for feature enhancements and modifications, internal control evaluation, and all other such services. If Customer requests that SKYWIRE assist Customer in connection with internal control evaluation, audits or reporting (including without limitation those in connection with Sarbanes-Oxley compliance), SKYWIRE shall charge Customer at its standard daily rates. All other terms and conditions of this Agreement, including Customer's payment obligation for expenses, shall apply and be effective between the parties for such Consulting Services.
14. Subcontractors. SKYWIRE may make use of subcontractors or its dealers or distributors to perform any of its obligations or services under this Agreement. Subcontractors engaged by SKYWIRE shall perform in accordance with the terms and conditions of this Agreement.
15. Support. SKYWIRE will not provide Customer with Intellectual Property support, as defined herein, unless expressly indicated in the SKYWIRE Sales Quote or purchased by the Customer. Customer agrees to pay any Support Fees incurred at the rates identified on the Support Fee Schedule attached to the SKYWIRE Sales Quote, or, if later purchased, at the Support Fee Schedule provided to Customer at the time of purchase.
16. Support Fee Payments. During the term hereof, Support Fees shall be due and payable within thirty (30) days of the date of the SKYWIRE invoice. Any discontinuation of use by Customer of the Intellectual Property, or any portion thereof, or withholding by SKYWIRE of support as a result of Customer payment breach hereunder, shall not cause any reduction in the Support Fees. SKYWIRE reserves the right to increase the Support Fees payable hereunder upon thirty (30) days' notice.
17. Scope of Support. Support for the SKYWIRE Intellectual Property to the Customer shall be provided from SKYWIRE's premises, with any such support consisting exclusively of the following services ("Support"). All Support to be provided under the Agreement shall be provided to the Customer and its employees only. SKYWIRE reserves the right at any time to transfer or assign the Support services, or a portion thereof, to another independent entity.
a. Telephone Consultation: SKYWIRE shall be available for consultation and support by telephone on SKYWIRE's premises 7 days per week, 24 hours per day. No consultation or support shall be provided with respect to interference from other software programs not supplied by SKYWIRE that have the effect to alter files stored on the SKYWIRE Intellectual Property.
b. Remote Service: SKYWIRE agrees to be available for review of SKYWIRE Intellectual Property and related files, provided that such SKYWIRE Intellectual Property and files are made available to SKYWIRE by the Customer via a suitable communication connection. As between SKYWIRE and Customer, Customer is responsible for having and maintaining a communication connection that complies with SKYWIRE's specifications. SKYWIRE disclaims any liability hereunder, and Customer waives any claims hereunder, if SKYWIRE is prevented or limited in providing support to Customer as a result of Customer's failure to supply or maintain a suitable communication connection or if communication between SKYWIRE and Customer is disrupted by force majeure.
c. Maintenance: Notwithstanding anything herein to the contrary, SKYWIRE is under no obligation to produce or create any Modifications to the Intellectual Property. Notwithstanding, provided Customer is not in default hereunder, and to the extent that SKYWIRE has developed such, SKYWIRE shall make available to the Customer Error Corrections and Modifications. Customer shall be required to install: (i) all Error Corrections within six (6) weeks of being made available to Customer; and (ii) all Modifications within six (6) months of being made available to Customer.
Support services do not include assistance with implementation of Error Corrections or Modifications, and Customer shall be responsible for installing and configuring Error Corrections and Modifications itself. At Customer's option, Customer may request and contract with SKYWIRE for such services at SKYWIRE's regular rates for such services (plus reimbursement of expenses if the services are provided on-site). SKYWIRE reserves the right not to provide Support to Customer if Customer fails to install the Error Corrections and Modifications in accordance with the terms hereof. Customer shall be solely responsible for all costs and expenses associated with hardware or third-party software necessary or appropriate for the operation or performance of Error Corrections or Modifications.
18. Third Party Items. Customer agrees to purchase, install and maintain all necessary or appropriate Hardware, third party software, and/or operating system(s) as recommended and agreed with SKYWIRE for use with the Intellectual Property. All Hardware, network and related systems, operating system(s), and other third party software acquired pursuant to the foregoing, including ongoing support and upgrades for any such items are the sole responsibility of Customer. SKYWIRE shall not provide any support necessitated by, and disclaims all damages arising in connection with, data corruption or disruption or modification of the Intellectual Property caused by third party software or third party interfaces.
19. Termination Rights. SKYWIRE shall have the right to terminate Support upon the earliest of the following: (i) Customer's breach of the Agreement, including without limitation its obligations with respect to Support; (ii) Customer's failure to install Error Corrections or Modifications in accordance with the terms hereof; (iii) Customer's failure to pay invoices to SKYWIRE when due; or (iv) at any time, upon six (6) months' prior written notice to Customer.
20. Exclusions. The following services are not included in Support services to be provided hereunder. Upon Customer's request, SKYWIRE will use reasonable efforts to provide the services listed below at SKYWIRE's prevailing rates for such services, subject to any exceptions indicated below. If any such services cannot be provided remotely, Customer agrees to pay SKYWIRE's costs of on-site service, which will include a daily labor rate iplus all travel, accommodations and other reasonable expenses incurred by SKYWIRE's employees, subcontractors or agents in connection with the provision of such services.
A. Systems Maintenance and Monitoring Services:
(a) Configuration of printers, workstations, servers, or tape backup
(b) Repair/troubleshoot of operating system, hardware, third party applications
(c) Diagnosis/resolution of issues with tape backup systems, i.e. identifying media controller or media issues
(d) Diagnosis/resolution of issues with server or workstation hardware, i.e. drive failures, server RAID array issues, RAM faults, network card issues
(e) Diagnosis/resolution of issues with printer hardware or printer drivers
(f) Diagnosis/resolution of issues with network infrastructure
(g) Install/re-install of workstations, database servers, application servers, operating systems and service packs, internet Explorer® or other Windows® based software products
(h) Re-configuration of the Intellectual Property as a result of relocation of hardware or network changes
(i) Install/re-install or reconfiguration of back-up software, i.e. re-creating backup schedules, re-creating media labels
(j) Recovering corrupted database
(k) Restoring database from previously made backup
(l) Monitoring available storage capacity on the database servers
(m) Monitoring alerts and error logs generated by the server operating system, SKYWIRE database or backup software
(n) Monitoring proper functioning of the database backup
(o) Install/re-install/update restore disks
(p) Support of Intellectual Property for a non-supported release
(q) Support of Intellectual Property installed on equipment not included in or compliant with SKYWIRE' specified configurations
(r) Support of Customer-specific application development which is not available for general public release
(s) Support of Customer-specific application development which is not available for general public release
B. Application Management Services:
(t) Planning and execution of upgrades of installed SKYWIRE applications
(u) Administration of SKYWIRE application users, i.e. creation/update/granting permissions
(v) Applying a change to the configuration of SKYWIRE applications that may be necessary due to a change in business rules or third party software/hardware setup, i.e. adding or modifying rooms, transaction codes, rate codes, interface code conversion tables, add new keycard encoders, enable/disable features, etc.
(w) Install/re-install/reconfigure property interface software
(x) Install/re-install/reconfigure integration software such as OXI, i.e. installation and testing of new interface
(y) Changes to customized forms, i.e. folio; registration card; A/R statement; reminder letters; confirmation letters; message formats; receipts
(z) Modification of customized reports, reports that are created via simple report writer, or creation of new reports.
(aa) Creation/implementation of data correction scripts, if needed as a result of user action
(bb) Screen painting, i.e. changing layout of fields or adding conditions/fields.
C. Training Services:
SKYWIRE shall only be responsible for providing the Customer with training services for the Intellectual Property or other SKYWIRE products or services in accordance the terms of Section 10 of this Agreement.
21. Disclaimer of Database Administration. SKYWIRE does not provide any SKYWIRE database administration. It is the obligation of Customer to administer, maintain, update, enhance and purge its SKYWIRE database. SKYWIRE disclaims any liability in connection with SKYWIRE database administration, including data merging, data purging, and data corruption.
22. Customer Misuse. If SKYWIRE determines that errors reported by Customer are caused by Customer's misuse or misconduct, SKYWIRE reserves the right to charge Customer for any and all expenses associated with error diagnostic procedures.
23. Backup. Notwithstanding anything set forth herein or any products or services provided by SKYWIRE hereunder, Customer acknowledges that the backup and restoration and recovery of its systems and data is solely and entirely Customer's responsibility and SKYWIRE shall not be responsible for any liability or damages, direct or indirect, arising or resulting from any failed backup, restoration or recovery of Customer's system or data, even if SKYWIRE provided such backup, restoration or recovery products or services.
24. Application. SKYWIRE may sell computer hardware produced or supplied by third-party suppliers or manufacturers as part of this Agreement. The terms and conditions of this Agreement shall apply to any Hardware identified as such in the SKYWIRE Sales Quote, or purchased by Customer from SKYWIRE during the term of this Agreement.
25. Hardware Pricing and Payment. Customer shall pay the price listed for any Hardware in the SKYWIRE Sales Quote pursuant to Sections 2 and 3 of this Agreement. The prices on the SKYWIRE Sales Quote do not include shipping and handling costs, applicable taxes, and other related charges; these will be billed to Customer in the separate SKYWIRE invoice. All prices are free on board (F.O.B.) SKYWIRE, with title and risk of loss to the Hardware or other shipped products passing to the Customer upon delivery to the carrier. SKYWIRE shall not be liable for any delay in delivery or failure to deliver any Hardware or other products under this Agreement. Customer waives any claim for shortage of equipment unless such claim is made in writing to SKYWIRE within ten (10) days after Customer's receipt of the Hardware.
26. Default of Hardware and Payment. For any Hardware balance outstanding for more than thirty (30) days from the date of the SKYWIRE invoice, the Customer shall be charged and shall pay interest on the balance due at the rate of 1.5% per month (18% per annum) or the maximum rate of interest permitted under applicable law, if less. Upon an uncured payment default, SKYWIRE shall have and may exercise all rights and remedies available to it under this Agreement and at law or in equity, including, without limitation, the right to enter any premises where the Hardware is located and to repossess the Hardware with or without notice or demand or legal proceedings. In addition to all other rights in this Agreement, SKYWIRE's remedies for Customer's uncured payment default shall include recovery of a reasonable Hardware rental fee, and reimbursement for all reasonable expenses that SKYWIRE incurs as a result of the default, including, without limitation, attorneys' fees, and court costs.
27. Orders and Returns. Unless the Hardware is expressly identified in the SKYWIRE Sales Quote, all orders for Hardware are subject to acceptance in writing by SKYWIRE. Any order of Customer not accepted in writing by SKYWIRE is deemed rejected. SKYWIRE shall use reasonable efforts to deliver the Hardware to Customer's premises on a mutually agreed upon date. Once SKYWIRE has accepted an order, SKYWIRE may, but is not obligated to, agree to cancellation at Customer's request. If SKYWIRE agrees to a cancellation, Customer shall forfeit any payment already made, provided that, if Customer's cancellation is received by SKYWIRE in writing before SKYWIRE has placed its order with the supplier for the Hardware, SKYWIRE will credit Customer's account with the amount of the payment, less any expenses incurred by SKYWIRE in canceling the order.
Any Hardware returned for any reason (other than for warranty service or post-warranty maintenance) will be subject to a restocking fee of twenty percent (20%) of the cost of the Hardware. If SKYWIRE determines that the Hardware has been used, SKYWIRE will assess a restocking charge of up to fifty percent (50%) of the cost of Hardware.
28. Expedited Shipping. Lead time (the time from order to shipment) for purchases is ordinarily thirty (30) business days. If Customer requests (and SKYWIRE agrees) that purchased items shall be shipped within five (5) business days of the order, then the rush processing fees indicated below will apply. The shipper may also impose additional charges for express service.
Lead Time
24 hours
$100 for every 3 item lines
48 hours
$50 for every 3 item lines
5 business days or less
5% of order value (max. $500)
29. Exclusivity of Manufacturer Warranty. SKYWIRE assigns and Customer accepts the assignment of any warranties or representations made by the third-party manufacturers or suppliers of the Hardware. The assignment is effective only upon Customer's payment in full for the Hardware. Should any part of the Hardware subject to a supplier or manufacturer warranty prove to be defective in material or workmanship, Customer's exclusive rights and remedies are as provided in the supplier's or manufacturer's warranty, and SKYWIRE shall have no liability to Customer thereby. CUSTOMER SHALL SEND ALL REQUESTS FOR WARRANTY SERVICE DIRECTLY TO THE PRODUCT SUPPLIER OR MANUFACTURER AND NOT TO SKYWIRE. Customer bears all shipping costs associated with returns for warranty service unless the manufacturer/supplier warranty provides otherwise. Repair or replacement is at the discretion of the manufacturer or supplier. SKYWIRE is not responsible for any failure by the original manufacturer or supplier to honor its warranty for any reason whatsoever, and all issues regarding warranty service should be addressed directly to the manufacturer or supplier. If the foregoing is not effective (whether by law, court order, or otherwise), then SKYWIRE, at its sole discretion, may repair or replace the defective Hardware.
30. SKYWIRE to Customer. SKYWIRE represents and warrants to Customer that it has the full right, power and authority to enter into this Agreement and that SKYWIRE entering into this Agreement shall not result in a breach of or constitute a default under any other agreement or instrument to which it is a party.
31. By Customer to SKYWIRE. Customer represents and warrants to SKYWIRE that it has the full right, power and authority to enter into this Agreement and that Customer's entering into this Agreement does not result in a breach of or constitute a default under any agreement or instrument to which it is a party. Customer represents and warrants that it will comply with all applicable state, federal, national and international laws which may be applicable to Customer's performance under this Agreement. Further, Customer recognizes and acknowledges that: (i) the Intellectual Property is capable of compiling certain data; (ii) certain laws restrict or prohibit the compilation, analysis or transfer of certain personal data; and (iii) Customer shall comply in full with all laws that restrict or prohibit the compilation, analysis or transfer of certain personal data.
32. Disclaimer of Warranties. SKYWIRE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE CONCERNING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR USE, FOR ANY SKYWIRE PRODUCTS OR SERVICES, INCUDING INTELLECTUAL PROPERTY, AND HARDWARE PROVIDED UNDER THIS AGREEMENT. SKYWIRE DOES NOT WARRANT OR GUARANTEE THAT THE INTELLECTUAL PROPERTY OR HARDWARE (OR THE SUPPORT PROVIDED HEREUNDER) WILL SATISFY CUSTOMER'S REQUIREMENTS, OR THAT THE OPERATION OF SUCH WILL BE UNINTERRUPTED OR ERROR FREE. THE SKYWIRE PRODUCTS (OR SERVICES) PROVIDED HEREUNDER ARE PROVIDED WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE CUSTOMER.
33. Viruses and Security. It is Customer's responsibility to have and maintain in place virus protection software and security for all of its systems and data, which such security includes firewalls, passwords, physical security, and access control policies. If Customer's systems have persistent connections to the Internet, or transmit credit card or gift card transactions over the Internet, or use SKYWIRE or third-party SSL to transmit credit card or gift card transactions, or otherwise have persistent connections to any network where there is potential for unauthorized access, Customer acknowledges that the security and protection of the network and the data and applications on that network, including protections against unauthorized access, is solely and entirely Customer's responsibility. A properly configured firewall is required for each site using a persistent connection to the public Internet or any private network where there is a potential for unauthorized access to the SKYWIRE network. Customer acknowledges that, to be effective, virus protection software, system passwords, and other security software require periodic and routine updates, which Customer must obtain from its supplier or the manufacturer, as appropriate.
SKYWIRE is not responsible for breach of Customer's security for its systems or data, including, without limitation, damage caused by persons lacking authorized access. SKYWIRE shall not be liable for any damages arising or relating to a breach of the Customer's network or system and SKYWIRE disclaims any and all direct, consequential, incidental, indirect or special damages, including fines and penalties, lost profits, business interruption, or other incidental, punitive, or economic damages, arising from any breach of Customer's network or system, even if advised of the possibility of such damage. Customer expressly waives any right to refund, damages or other compensation.
34. SKYWIRE Indemnification Process. During the term of this Agreement only and provided that Customer is not in default of this Agreement, SKYWIRE agrees to indemnify, defend and hold Customer harmless from any and all damages arising directly from SKYWIRE' actual (not alleged) infringement of a third party's U.S. patent, patent application or copyright. In such an event, SKYWIRE may, in its sole discretion; (i) replace the infringing intellectual property with alternate Intellectual Property with substantially similar functionality that is not infringing; (ii) modify the Intellectual Property in such a manner that renders it noninfringing, or (iii) repossess all properly licensed copies of the infringing Intellectual Property in Customer's possession, reimburse Customer for a prorated portion of the License Fees paid by Customer for such Intellectual Property based on a 36-month straight line amortization period commencing on the Effective Date and terminate Customer's license to the same. If any action shall be brought against Customer in respect to which indemnity may be sought from SKYWIRE pursuant to this Section (hereinafter in this Section 19, a "Claim"), Customer shall promptly notify SKYWIRE in writing, specifying the nature of the Claim and such relief as is sought therein. SKYWIRE may, at its sole discretion, at any time upon written notice thereof to Customer undertake to conduct all proceedings or negotiations in connection therewith, assume the defense thereof, and if it so undertakes, it shall also undertake all other required steps or proceedings to settle or defend the Claim, including the employment of counsel. Customer shall cooperate with SKYWIRE in all reasonable respects in connection with the defense of the Claim. Customer shall have the right to employ separate counsel and participate in the defense thereof at its own expense.
SKYWIRE shall have no obligations under this Section 19 if the actual infringement is due to any of the following: (i) the Intellectual Property or any portion thereof has been modified, altered or changed in any manner by Customer or any party acting on Customer's request, if such actual infringement would have been avoided in the absence of the use of such altered Intellectual Property; (ii) the combination, operation or use of the Intellectual Property with any other party's software, operating system, and/or hardware, if such infringement would have been avoided in the absence of such combination, operation, or use; (iii) Customer's failure to install or have installed Error Corrections or Modifications that would have avoided the infringement and Customer had been notified of same; (iv) any unauthorized use of the Intellectual Property by Customer; (v) the requirements, specifications or functionalities requested or provided by Customer; or (vi) the infringement arises out of or is connected with claims (whether based in patent law or otherwise) to inventions, technologies, or methods that were in widespread unlicensed use by third parties as of the time the Intellectual Property was licensed to, or used by, Customer.
35. Customer Indemnification Process. Customer agrees that it will indemnify, defend and hold harmless SKYWIRE, its officers, directors, employees, affiliates and agents from any and all losses, claims, damages, expenses, other liabilities and causes of action of every nature whatsoever, including attorneys' fees, which arise, directly or indirectly, in connection with: (i) the negligent acts, omissions or intentional wrongdoing of Customer; (ii) the violation by Customer of any and all laws, ordinances, regulations and rules in connection with the offering of its services; and (iii) any breach of this Agreement. If any action shall be brought against SKYWIRE in respect to which indemnity may be sought from Customer pursuant to this Section 20 (hereinafter in this Section 20, a "Claim"), SKYWIRE shall notify Customer in writing, specifying the nature of the Claim and such relief as is sought therein. Except as otherwise provided herein, Customer shall upon written notice thereof to SKYWIRE undertake to conduct all proceedings or negotiations in connection therewith, assume the defense thereof, and take all other required or appropriate steps or proceedings to settle or defend any such Claim. SKYWIRE shall have the right to employ separate counsel and participate in the defense thereof at its own expense, if it should so elect.
36. Limitation of Damages. NEITHER PARTY WILL BE RESPONSIBLE TO THE OTHER PARTY OR ITS AFFILIATES FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, OR OTHER INCIDENTAL, PUNITIVE, OR ECONOMIC DAMAGES (INCLUDING THOSE ASSOCIATED WITH IMPROPER, UNDER-CALCULATED OR UNDER-ACCRUED TAXES OR GOVERNMENT LEVIES), WHETHER ARISING FROM CUSTOMER'S USE OF (OR INABILITY TO USE) THE INTELLECTUAL PROPERTY, SUPPORT PROVIDED HEREUNDER, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL SKYWIRE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE INTELLECTUAL PROPERTY LICENSE FEES PAID HEREUNDER. SKYWIRE SHALL NOT BE RESPONSIBLE FOR AND DISCLAIMS ANY LIABILITY ASSOCIATED WITH FAILURE TO PROCESS CREDIT CARD TRANSACTIONS. SKYWIRE SHALL NOT, BY REASON OF THE DISCONTINUATION OR MODIFICATION OF THE INTELLECTUAL PROPERTY OR ANY SKYWIRE SOFTWARE OR THE TERMINATION OR NON-RENEWAL OF THIS AGREEMENT, BE LIABLE TO CUSTOMER FOR COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PROSPECTIVE PROFITS, OR ON ACCOUNT OF EXPENDITURES, INVESTMENTS OR COMMITMENTS MADE IN CONNECTION WITH THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF CUSTOMER'S BUSINESS. SKYWIRE SHALL HAVE NO LIABILITY OF ANY KIND FOR ANY THIRD PARTY PRODUCT OR SERVICE NOT PROVIDED BY SKYWIRE HEREUNDER.
37. Mutual Representations. Customer and SKYWIRE shall retain in confidence all information and know-how received pursuant to this Agreement, or that the other party has identified as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, should in good faith be treated as proprietary and/or confidential, and will make no use of such information and know-how except under the terms and during the existence of this Agreement. Notwithstanding, either party may disclose confidential information as required by governmental or judicial order, provided it gives the other party prompt written notice before such disclosure and complies with any protective order (or equivalent) imposed on such disclosure. The parties agree that the terms and conditions of this Agreement shall be treated as confidential information. This provision shall survive termination of the Agreement.
38. Term. Unless terminated in accordance with the provisions of Sections 24 or 25, the term of this Agreement shall begin on the Effective Date and shall continue until completion of the services identified on the SKYWIRE Sales Quote.
39. Termination by SKYWIRE. SKYWIRE may terminate the license granted pursuant to this Agreement upon: (i) a failure by Customer to make payment of the One-Time Charges or pay any SKYWIRE invoices when due; (ii) any other breach hereunder, which such breach is not cured after notice to Customer and a continued failure to cure such breach within thirty (30) days following such notice; or (iii) the transfer or attempted transfer of the Intellectual Property and the rights hereunder to any party without the prior express written consent of SKYWIRE.
This Agreement constitutes an executory contract in accordance with Section 365 of the U.S. Bankruptcy Code. If Customer files or has filed against it by a third party any petition under the U.S. Bankruptcy Code, the Customer must either assume or reject this Agreement. Upon an assumption, Customer shall comply with 11 U.S.C. § 365(b)(1); upon a rejection, all of Customer's rights hereunder will terminate.
40. Termination by Customer. Customer may terminate the license granted pursuant to this Agreement upon any material breach hereunder by SKYWIRE, which such material breach is not cured after notice to SKYWIRE and a continued failure to cure such breach 60 days following such notice. Notwithstanding the above, in no event shall Customer be entitled to any refund of monies paid hereunder if the Agreement is terminated.
42. Customer Representation. Customer acknowledges and agrees that the employees of SKYWIRE constitute a valuable asset of SKYWIRE. Accordingly, Customer agrees not to make any offer(s) of employment to, nor enter into a consulting relationship with, any current employee of SKYWIRE or any former employee who was employed or retained by SKYWIRE within the immediately preceding three-hundred sixty-five (365) days who either: (i) provided services to Customer under or in connection with this Agreement; or (ii) was introduced to Customer during the performance of this Agreement.
If Customer employs or retains (through a consulting agreement or otherwise) an employee of SKYWIRE, Customer shall immediately pay SKYWIRE, solely for violation of this Section 40, an amount equal to fifty percent (50%) of the total salary paid by SKYWIRE to such employee in the three-hundred sixty-five (365) days immediately preceding such recruitment. Customer agrees that the provisions of this Section 40 shall not preclude or limit any other available actions at law or in equity, including, without limitation, any form of damages or any injunctive or equitable relief, for misappropriation of trade secrets, unfair competition, breach of contract or other cause(s) of action arising from or out of the hiring or recruitment of SKYWIRE's employees. Notwithstanding the foregoing, it shall not be a breach of this Agreement for Customer to hire an employee (or former employee) of SKYWIRE with the express written consent of SKYWIRE.
43. Notices. All notices, authorizations, and requests in connection with this Agreement shall be provided to the other party via U.S. Mail at the address listed for such party in the SKYWIRE Sales Quote. Should the address listed therein no longer be applicable to a party, such party shall promptly provide the other party with notice of the party's new mailing address. Notwithstanding the foregoing, all notices, authorizations, and requests in connection with this Agreement shall be deemed provided to the other party if provided to registered agent for service or process for such party, as identified by the Secretary of State (or equivalent thereof) of the party's State or territory.
44. Governing Law/Jurisdiction. This Agreement shall be construed in accordance with and be governed by the internal laws of the State of Nevada, United States, excepting the conflict of law rules of the State of Nevada, as if this contract were made and to be performed entirely within the State of Nevada. The parties mutually consent to exclusive jurisdiction and venue in the federal courts sitting in the State of Nevada and the state courts in Clark County, Nevada. The parties consent to the exclusive jurisdiction and venue of the federal courts sitting in the State of Nevada for all claims or actions arising under or relating in any way to this Agreement or the relationship between the parties, whether sounding in contract, tort, common law, or otherwise, and regardless of whether persons or entities who are not party to this Agreement are parties to such action. Customer expressly disclaims and waives the right to raise the defense of forum nonconveniens in any action arising out of or relating to this Agreement. Notwithstanding the foregoing, for any claims or actions for which the federal courts sitting in the State of Nevada would not have subject matter jurisdiction, the parties shall bring such claims or actions in the state courts in Clark County, Nevada, and consent to the exclusive jurisdiction and venue of such state courts for all such claims or actions. The parties agree that the Nevada Uniform Computer Information Transactions Act shall not apply to the transactions made or any claim of the parties arising under this Agreement. In addition, the parties agree to exclude the application of the 1980 United Nations Convention on Contracts for the International Sale of Goods if otherwise applicable to any claim arising out of this Agreement.
45. Export. Customer acknowledges that Licensor is subject to regulation by agencies of the U.S. Government, including the U.S. Departments of Treasury, Commerce, and/or State, which prohibit and limit export or diversion of the software licensed and hardware sold hereunder to certain countries. Customer agrees not to directly or indirectly export, re-export or distribute the software licensed or hardware sold hereunder or any portion thereof or any direct product thereof, to any country which, at the time of shipment or licensing, U.S. law prohibits shipment or licensing of such material, and shall not ship or license any such materials into any country listed at the time of shipment or licensing in Part 770 to Title 15 of the U.S. Code of Federal Regulations, without first obtaining any licenses or permits that may be required under such regulations.
46. No Assignment. Customer may not, and is expressly prohibited, from assigning or transferring this Agreement or its respective rights and obligations hereunder. Customer shall not engage any third parties, other than SKYWIRE, to provide any implementation services hereunder. Additionally, upon any Customer merger, consolidation, stock purchase, stock sale or reorganization, the rights and benefits accorded hereunder shall not be assignable and shall not inure to any entities and locations not legally affiliated with the Customer prior thereto. Nothing hereunder shall prevent or restrict Customer from changing its trading commercial name or its affiliation with a management company, provided Customer gives SKYWIRE prompt written notice of such change.
47. Severability. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
48. No Waiver. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
49. No Set Off. The Customer shall not be entitled to set off or reduce any of its claims against SKYWIRE, or claims of SKYWIRE against Customer, or to avail itself of a right of retention under civil or commercial law, except where the Customer's right of claims have been confirmed pursuant to a valid court order to which SKYWIRE is subject.
50. Section Headings. The Section headings used in this Agreement are intended for convenience only and shall not be deemed to supersede or modify any provisions.
51. Entire Agreement. SKYWIRE's representatives may have made oral statements with respect to the Intellectual Property or services provided hereunder. Customer agrees that all such oral statements do not constitute warranties, shall not be relied upon by Customer, and are not part of this Agreement. This Agreement, as may be amended by SKYWIRE in accordance with the provisions herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and shall merge all prior and contemporaneous communications.
52. Amendments. Customer acknowledges and agrees that SKYWIRE may amend this Agreement from time to time without Customer's consent. Customer agrees to be bound by the terms of such Amendments without further consideration or notice, provided that said amendments are available to customer and posted on SKYWIRE's website at: http://www.SkyWire.com/ServicesAndSupport/SalesAndIntellectualPropertyLicenseAndSupportAgreement. This Agreement shall not be amended by Customer except by a written agreement dated subsequent to the date of this Agreement and signed on behalf of Customer and SKYWIRE by their respective duly authorized representatives.
53. Conflict of Terms. THE TERMS OF THIS AGREEMENT SHALL SUPERSEDE ANY INCONSISTENCY OR CONFLICT BETWEEN THIS AGREEMENT AND THE TERMS AND CONDITIONS OF ANY PURCHASE ORDER, RECEIPT, OR OTHER TRANSACTION-RELATED DOCUMENT THAT CUSTOMER MAY ISSUE IN CONNECTION WITH THIS AGREEMENT OR SKYWIRE'S SALES QUOTE. SKYWIRE REJECTS ALL TERMS OF CUSTOMER'S PURCHASE ORDER, RECEIPT, OR OTHER TRANSACTION-RELATED DOCUMENT THAT CONTRADICT OR SUPPLEMENT THE TERMS HEREOF, AND NONE OF SUCH ADDITIONAL TERMS ARE BINDING ON SKYWIRE.


text:
- North America
- United States
- Arkansas
- Prairie Country Club
- Search
Traveling Luck for Prairie Country Club Arkansas, United States
The timezone in Prairie Country Club is America/Rankin_Inlet
Morning Sunrise at 07:02 and Evening Sunset at 17:01. It's Dark
Rough GPS position Latitude. 33.1764°, Longitude. -91.8969° , Elevation. 51m
Morning Sunrise at 07:02 and Evening Sunset at 17:01. It's Dark
Rough GPS position Latitude. 33.1764°, Longitude. -91.8969° , Elevation. 51m
Weather near Prairie Country Club Last report from Camden / Harrell Field, AR 27.2km awayTemperature: 15°C / 59°F
Wind: 0km/h North
Cloud: Solid Overcast at 400ft
Satellite map of Prairie Country Club and it's surroudings...
Geographic features & Photographs around Prairie Country Club in Arkansas, United States
church a building for public Christian worship.
- Cloverdale Church (5.5km)
- Pleasant Lane Baptist Church (5.8km)
- United Church (5.8km)
- Crossroads Baptist Church (8.3km)
- Phillip Grove Church (9.7km)
- Living Word Church (9.8km)
- Crossett Presbyterian Church (9.9km)
- Beech Street Missionary Baptist Church (9.9km)
- Holy Cross Catholic Church (9.9km)
- Saint Marks Episcopal Church (10km)
- Zion Temple African Methodist Episcopal Church (10.3km)
- First Baptist Church (10.3km)
- Gates Chapel African Methodist Episcopal Church (10.4km)
- First Baptist Church (10.4km)
- First United Methodist Church (10.5km)
Local Feature A Nearby feature worthy of being marked on a map..
- Prairie Country Club (0km)
- Quinn Chapel (5.7km)
- Kingdom Hall of Jehovahs Witnesses (6km)
- Bethel Church (historical) (6.3km)
- Rolfe Chapel (6.7km)
- Whetstones Store (historical) (7.5km)
- Yale Camp (8km)
- North Crossett Industrial Park (8.3km)
- Hollis Chapel (9.8km)
- Crossett Church of Christ (9.8km)
- Bess Store (historical) (10km)
- Church of Christ (10.5km)
populated place a city, town, village, or other agglomeration of buildings where people live and work.
- Bovine (1.8km)
- North Crossett (5.5km)
- Unity (5.9km)
- Rolfe Junction (8.1km)
- Crossroad (8.3km)
- Brushy (historical) (8.4km)
- Whitlow Junction (8.8km)
- Crossett (10.3km)
school building(s) where instruction in one or more branches of knowledge takes place.
- North Crossett Primary School (5.2km)
- Forest Echoes Vocational Technical School (8.4km)
- Hastings Elementary School (9.8km)
- Anderson Elementary School (10.2km)
- Calhoun Elementary School (10.3km)
- Daniel Intermediate School (10.6km)
- Ashley County Training School (historical) (10.6km)
Accommodation around Prairie Country Club
Americas Best Value Inn 1400 S Florida St, Crossett
cemetery a burial place or ground.
- Pinewood Memorial Park (3.9km)
- Simms Cemetery (5.1km)
- Evergreen Cemetery (5.6km)
- United Cemetery (5.9km)
- Bethel Cemetery (6.3km)
- Carter Cemetery (7.1km)
- Crossroad Cemetery (10.3km)
tower a high conspicuous structure, typically much higher than its diameter.
- KWLT-FM (North Crossett) (6.8km)
- KAGH-FM (Crossett) (8.4km)
- KAGH-AM (Crossett) (8.4km)
building(s) a structure built for permanent use, as a house, factory, etc..
- Paul Sullins Public Library (9.8km)
- Crossett City Hall (10km)
stream a body of running water moving to a lower level in a channel on land.
- East Fork West Creek (7.8km)
- Middle Fork West Creek (10.4km)
post office a public building in which mail is received, sorted and distributed.
- Crossett Post Office (10.1km)
area a tract of land without homogeneous character or boundaries.
- Smith Prairie (2.2km)
airport a place where aircraft regularly land and take off, with runways, navigational aids, and major facilities for the commercial handling of passengers and cargo.
section of populated place a neighborhood or part of a larger town or city.
- Forest Park Addition (subdivision) (10.3km)
hospital a building in which sick or injured, especially those confined to bed, are medically treated.
- Ashley Memorial Hospital (10.2km)
Wikipedia entries close to Prairie Country Club
- North Crossett, Arkansas city o city
- Crossett city k city
- Ashley County adm2nd adm2nd
- Hamburg (Arkansas) city l city
- West Crossett, Arkansas city o city
- Fountain Hill, Arkansas city o city
- Felsenthal, Arkansas city o city
- Huttig, Arkansas city o city
- Bolding, Arkansas city o city
- Wilmot, Arkansas city o city
- Parkdale, Arkansas city o city
- Bonita, Louisiana city o city
- Portland, Arkansas city o city
- Hermitage, Arkansas city o city
- Montrose, Arkansas city o city
Airports close to Prairie Country ClubMonroe rgnl(MLU), Monroe, Usa (96.6km)
South arkansas rgnl at goodwin fld(ELD), El dorado, Usa (109.8km)
Grider fld(PBF), Pine bluff, Usa (141.6km)

subset: commoncrawl


text:
NowGamer's hands-on preview of Quantic Dreams' re-imagining of Heavy Rain. (previous URL was broken, this one now works)
According to them, the move to Move is not shaping up well. The troubling part is the fact that Sony decided to forgo the Episodic content in favor of a Move make over. Not looking to be the best of trade-offs.


text:
Pakistani police arrest alleged al-Qaida financier in Karachi
KARACHI, Pakistan – A Pakistani counter-terrorism official says police have arrested an alleged al-Qaida financier in the southern port city of Karachi.
Naveed Khawaja announced the arrest Wednesday but did not say when the man, identified as Mohammad Shabih, was detained.
He described Shabih as a businessman who had two chemical companies in Karachi and neighboring Iran. He says Shabih made large donations to the Afghan Taliban and another extremist group before focusing on al-Qaida's South Asian affiliate.
He says police are investigating possible links to the Islamic State group, which has recently made some inroads in Pakistan and Afghanistan.
Al-Qaida's senior leadership is widely believed to be based in the rugged tribal regions along the Pakistan-Afghanistan border, where Pakistan has been waging a military offensive for more than a year.


text:
Acumentrics Exhibits New Fuel Cell Powered Home Energy Appliance
Published: 11-May-2007
Acumentrics Corporation garnered much attention when they exhibited a new, fuel cell powered, home energy appliance at the 2007 Hannover Fair in Germany. Their micro-CHP (combined heat and power) generates heat and electricity directly from municipal gas or propane.
The Acumentrics 'AHEAD' micro-CHP provides enough electricity to power the average home, with peaks being handled by the grid or batteries. Electricity is created electrochemically in an array of solid-state tubes. Extra electricity can be metered back to the grid. No hydrogen is required; it operates directly from propane or natural gas.
The AHEAD micro-CHP also contains a state-of-the-art hydronic boiler capable of supplying the heating needs of an average home. The hydronic system efficiently captures the excess energy from the hot fuel cells, and supplements peak thermal loads with a clean, high-efficiency burner. CO2 emissions are significantly reduced due to high overall conversion efficiencies, as compared to conventional technologies.
'Our micro-CHP can truly bring modern, efficient technology to the home,' said Vikram Varma, Acumentrics' Director of Business Development. 'Our ability to run directly off of municipal fuels truly increases our value proposition, since hydrogen is very expensive today.'
To date the Company has shipped 30 pre-commercial fuel cell power generators for field trials. Acumentrics' fast-starting, tubular, solid oxide fuel cell (SOFC) systems are:
* Able to start and stop quickly
* Highly efficient
* Fuel flexible
* Tolerant of repeated thermal cycling
* Designed to be inexpensively manufactured, with no high-cost catalysts or exotic materials
About Acumentrics:
Acumentrics is a leading developer of solid oxide fuel cell products in the 250 W - 10 kW range. Acumentrics' durable, patented, tubular, solid oxide fuel cell generation uses in-situ reformation to run directly from natural gas, propane and other hydrocarbon fuels at standard delivery pressures.
Acumentrics also manufactures a line of uninterruptible power supplies (UPS)
for power conversion, quality, and backup. Their Rugged UPS products can be
deployed in harsh physical and electrical environments including heat, cold,
rain, dust, and blowing sand. The Rugged UPS is used extensively in various
military and heavy-duty industrial applications.
Contact: Gary Allen, Director of Sales +1 (613) 483-4157
blog comments powered by Disqus


text:
I am getting following error when upload 250 MB sql file.
"You probably tried to upload too large file. Please refer to documentation for ways to workaround this limit."
Here is my.cnf
# Example MySQL config file for medium systems.
# This is for a system with little memory (32M - 64M) where MySQL plays
# an important part, or systems up to 128M where MySQL is used together with
# other programs (such as a web server)
# You can copy this file to
# /etc/my.cnf to set global options,
# mysql-data-dir/my.cnf to set server-specific options (in this
# installation this directory is /opt/lampp/var/mysql) or
# ~/.my.cnf to set user-specific options.
# In this file, you can use all long options that a program supports.
# If you want to know which options a program supports, run the program
# with the "--help" option.
# The following options will be passed to all MySQL clients
#password = your_password
port = 3306
socket = /opt/lampp/var/mysql/mysql.sock
# Here follows entries for some specific programs
# The MySQL server
port = 3306
socket = /opt/lampp/var/mysql/mysql.sock
key_buffer = 16M
max_allowed_packet = 1M
table_cache = 64
sort_buffer_size = 512K
net_buffer_length = 8K
read_buffer_size = 256K
read_rnd_buffer_size = 512K
myisam_sort_buffer_size = 8M
# Don't listen on a TCP/IP port at all. This can be a security enhancement,
# if all processes that need to connect to mysqld run on the same host.
# All interaction with mysqld must be made via Unix sockets or named pipes.
# Note that using this option without enabling named pipes on Windows
# (via the "enable-named-pipe" option) will render mysqld useless!
# Replication Master Server (default)
# binary logging is required for replication
# log-bin deactivated by default since XAMPP 1.4.11
# required unique id between 1 and 2^32 - 1
# defaults to 1 if master-host is not set
# but will not function as a master if omitted
server-id = 1
# Replication Slave (comment out master section to use this)
# To configure this host as a replication slave, you can choose between
# two methods :
# 1) Use the CHANGE MASTER TO command (fully described in our manual) -
# the syntax is:
# CHANGE MASTER TO MASTER_HOST=<host>, MASTER_PORT=<port>,
# MASTER_USER=<user>, MASTER_PASSWORD=<password> ;
# where you replace <host>, <user>, <password> by quoted strings and
# <port> by the master's port number (3306 by default).
# Example:
# MASTER_USER='joe', MASTER_PASSWORD='secret';
# 2) Set the variables below. However, in case you choose this method, then
# start replication for the first time (even unsuccessfully, for example
# if you mistyped the password in master-password and the slave fails to
# connect), the slave will create a master.info file, and any later
# change in this file to the variables' values below will be ignored and
# overridden by the content of the master.info file, unless you shutdown
# the slave server, delete master.info and restart the slaver server.
# For that reason, you may want to leave the lines below untouched
# (commented) and instead use CHANGE MASTER TO (see above)
# required unique id between 2 and 2^32 - 1
# (and different from the master)
# defaults to 2 if master-host is set
# but will not function as a slave if omitted
#server-id = 2
# The replication master for this slave - required
#master-host = <hostname>
# The username the slave will use for authentication when connecting
# to the master - required
#master-user = <username>
# The password the slave will authenticate with when connecting to
# the master - required
#master-password = <password>
# The port the master is listening on.
# optional - defaults to 3306
#master-port = <port>
# binary logging - not required for slaves, but recommended
# Point the following paths to different dedicated disks
#tmpdir = /tmp/
#log-update = /path-to-dedicated-directory/hostname
# Uncomment the following if you are using BDB tables
#bdb_cache_size = 4M
#bdb_max_lock = 10000
# Comment the following if you are using InnoDB tables
innodb_data_home_dir = /opt/lampp/var/mysql/
innodb_data_file_path = ibdata1:10M:autoextend
innodb_log_group_home_dir = /opt/lampp/var/mysql/
innodb_log_arch_dir = /opt/lampp/var/mysql/
# You can set .._buffer_pool_size up to 50 - 80 %
# of RAM but beware of setting memory usage too high
innodb_buffer_pool_size = 16M
innodb_additional_mem_pool_size = 2M
# Set .._log_file_size to 25 % of buffer pool size
innodb_log_file_size = 5M
innodb_log_buffer_size = 8M
innodb_flush_log_at_trx_commit = 1
innodb_lock_wait_timeout = 50
max_allowed_packet = 16M
# Remove the next comment character if you are not familiar with SQL
key_buffer = 20M
sort_buffer_size = 20M
read_buffer = 2M
write_buffer = 2M
key_buffer = 20M
sort_buffer_size = 20M
read_buffer = 2M
write_buffer = 2M
Here is php.ini
; This is the default settings file for new PHP installations.
; By default, PHP installs itself with a configuration suitable for
; development purposes, and *NOT* for production purposes.
; For several security-oriented considerations that should be taken
; before going online with your site, please consult php.ini-recommended
; and http://php.net/manual/en/security.php.
; About this file ;
; This file controls many aspects of PHP's behavior. In order for PHP to
; read it, it must be named 'php.ini'. PHP looks for it in the current
; working directory, in the path designated by the environment variable
; PHPRC, and in the path that was defined in compile time (in that order).
; Under Windows, the compile-time path is the Windows directory. The
; path in which the php.ini file is looked for can be overridden using
; the -c argument in command line mode.
; The syntax of the file is extremely simple. Whitespace and Lines
; beginning with a semicolon are silently ignored (as you probably guessed).
; Section headers (e.g. [Foo]) are also silently ignored, even though
; they might mean something in the future.
; Directives are specified using the following syntax:
; directive = value
; Directive names are *case sensitive* - foo=bar is different from FOO=bar.
; The value can be a string, a number, a PHP constant (e.g. E_ALL or M_PI), one
; of the INI constants (On, Off, True, False, Yes, No and None) or an expression
; (e.g. E_ALL & ~E_NOTICE), or a quoted string ("foo").
; Expressions in the INI file are limited to bitwise operators and parentheses:
; | bitwise OR
; & bitwise AND
; ~ bitwise NOT
; ! boolean NOT
; Boolean flags can be turned on using the values 1, On, True or Yes.
; They can be turned off using the values 0, Off, False or No.
; An empty string can be denoted by simply not writing anything after the equal
; sign, or by using the None keyword:
; foo = ; sets foo to an empty string
; foo = none ; sets foo to an empty string
; foo = "none" ; sets foo to the string 'none'
; If you use constants in your value, and these constants belong to a
; dynamically loaded extension (either a PHP extension or a Zend extension),
; you may only use these constants *after* the line that loads the extension.
; All the values in the php.ini-dist file correspond to the builtin
; defaults (that is, if no php.ini is used, or if you delete these lines,
; the builtin defaults will be identical).
; Language Options ;
; Enable the PHP scripting language engine under Apache.
engine = On
; Allow the <? tag. Otherwise, only <?php and


text:
I've just discovered technorati…. yes I know I'm about 6 years behind the curve…. but now I've seen the light.
This nice Swiss army knife of blog reading allows you to search all blogs written by absolutely anyone in one hit.
See all the K2 blog posts here
A nifty automatically updated chart showing the number of K2 [blackpearl] postings over the last 30 days!


text:
"The finalists in this year's European Business Awards for the Environment clearly demonstrate that taking a green approach can make a major difference to their profitability and to our common good through innovative and sustainable eco-technologies and processes." said Janez Potočnik Commissioner for the Environment.
The five winners represent large corporations and SMEs, old and new Member States, and sectors from retail to energy to material engineering. Most of the applicants were SMEs. The greatest number of entries (62) was in the newly introduced "business and biodiversity" category. They were selected from a shortlist of 14 candidates from nine European countries and wide-ranging economic sectors. They are companies that successfully combine innovation, competitiveness and outstanding environmental performance.
"The Europe 2020 Strategy recently adopted by the Commission follows the same line of thought, recognizing that a better environment matters not only for the quality of life of citizens, but also for the economy. The strategy will help prepare businesses for the long-term challenges of resource efficiency and sustainable growth, and it will do this with economic incentives that promote true innovation and creativity." concluded Janez Potočnik Commissioner for the Environment.


text:
Welcome To Banffshire Partnership Limited
MiDAS Minibus Driver Awareness
First Aid Training
Other Training
Event First Aid
Dial-A-Bus/Bus Hire
Community Economic Development
Support for an active community . . .
Banffshire Partnership Limited was established in 1999 to help the community. Over the years the business has diversified and as well as helping community groups, we now provide extensive training, Dial-A-Bus shopping service and Community Bus hire.
Meet the team:
Duncan Leece
Director of Operations
Jan Maddock
Transport Manager
Robin Maddock
Community Development Officer
Scott Ord-Jones
Training & Event First Aid Co-ordinator
Alan Thomson
Training & Event First Aid Manager
Don't forget, BPL can also arrange your PVG/Disclosure checks, please contact us for more information
Banffshire Partnership Ltd. is a Company Limited by Guarantee in Scotland. Reg No. 201922 Registered Office: 1A Cluny Square, Buckie, AB56 1AH.
Recognised as a Charity by the Inland Revenue. No. SCO29693.
Banffshire Partnership Ltd. is recognised as a Local Rural Partnership by the Scottish Executive.


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"Jenna has given me a new-found hope on life. The story I needed to share with the world needed a lot of work! I knew she was perfect from the first telephone conversation. After many talks and e-mails, we finally met in person. I appreciated her professionalism to stay on task throughout my stay, which could not have been so easy with me. My story is my lifeline; without it I would be lost. I will never be able to thank her enough for helping me to help others. I never realized what it took to become the successful author that she is. What touches my heart the most is to witness the wonderful mom she is to her little girl. I am proud and honored to call Jenna my friend."
If you'd like to receive very occasional e-mails from Jenna to announce her new books, please sign up here.
Where to Find Me Online
Follows and friend-requests give me the jollies.
Are you thinking about hiring me? Then this is probably what you want to see.
Just for Kindle:
What's a SASE? What's the definition of sell-through, laydown date, query, treatment, BIC, stet, and brads? Find out here:
You can see lots and lots of interviews with me on this page.
You can also join the Honoring Nick Markowitz group to offer your support to Susan Markowitz (my friend and writing client), whose son's murder was the basis of the movie Alpha Dog.
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text: Armagh Caravans is a caravan dealer in County Armagh Armagh Caravan and Trade Sales offer a selection of Used Caravans at their location just outside Armagh, Northern Ireland. http://bit.ly/1SWjCA6 Most Caravans come with guarantee and service. Used Caravan, Awning and Boat Sales. Check our latest stock or Contact us for all your needs. Alternatively we may be interested in buying your caravan so Get in Touch!


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Neurolinguistic Approach to Reading
A Guide for Speech-Language Pathologists Treating Dyslexia
- Details:
- 320 pages, Illustrated (B/W), Softcover, 8.5 x 11" 1 lbs
- 978-1-59756-655-1
- Release Date:
- 02/28/2015
Neurolinguistic Approach to Reading: A Guide for Speech-Language Pathologists Treating Dyslexia aids speech-language pathologists (SLPs) in assessing and treating dyslexia through an approach proven effective by national standardized tests, subjective evaluation, parents, teachers, as well as those in the field.
The author developed the Neurolinguistic Approach to Reading (NAR) based on more than 25 years of experience working with individuals with dyslexia. This inclusive approach is based on the complete communication process, oral and written. The text also includes the Cornell note-taking system and can be used as an effective clinical manual or a university reference.
This text comes at a crucial time as the scope of practice for speech-language pathology has greatly expanded with the increased recognition of the direct relationship between oral language and a child's ability to read and spell. Additionally, the American Speech-Language-Hearing Association has defined the SLP's role in the remediation of literacy disabilities such as dyslexia.
Through this effective text and utilizing NAR as a treatment framework, SLPs in all work environments can be more involved in working with individuals with dyslexia.
Appendices include:
Appendix A. Alphabet Charts
Appendix B. Consonant and Vowel Distinctive Feature Charts
Appendix C. Stage II Activities
Appendix D. Phoneme Deletion Exercises
Appendix E. NAR Spelling Forms
Appendix F. Miscue Analysis
Appendix G. Sample Charts, Sentences, and Stories From NAR Lists
Appendix H. Rules for Double Consonants
Appendix I. Diagrams
Appendix J. Grade-Level Spelling Sets
Chapter 1. Provider and Recipient of NAR
- Qualifications of the Speech-Language Pathologist
- Dyslexia
- The Gifts of Dyslexia
- The Client Who Would Benefit From NAR
- Early Identification
- Assessment
- Central Auditory Processing Disorder (CAPD)
Chapter 2. Rationale for Approach
- Neurolinguistics: The Neurobiology of Language
- Language: Listening=>Talking=>Reading=>Writing
- Reading and Writing as an Overlain Process
- The Listening Environment
- Brain Plasticity
- Zone of Proximal Development (ZPD)
- Brain Training
Chapter 3. Measuring Outcome
- Evidence-Based Practice
- Outcomes of Phonology Focus in Early Years
- NAR Outcomes
Chapter 4. Other Spelling/Reading Programs
- Phonics Versus Whole Language
- Lindamood
- Phono-Graphix
- Phonics
Chapter 5. Overview of NAR
- Four Stages of NAR
- Stage I: The Alphabet
- Stage II: The Mouth
- Stage III: Nonletter Spelling (Color Coding)
- Stage IV: Letter Spelling
- Adults
Chapter 6. Detailed Description of Stage I: Alphabet Knowledge
Chapter 7. Detailed Description of Stage II: Mouth-Ear Phoneme Perception Training
- Distinctive Features
- The International Phonetic Alphabet (IPA)
- Consonant Distinctive Features
- Front (Anterior)
- Labial (Lips)
- Voiced (Loud, noisy, vibrated)
- Dental (Teeth)
- Plosive (Exploding, stopping, popping)
- Sibilant (Hissing, snake, sharp, strident)
- Fricative (Scraping, sanding, buzzing)
- Nasal (Nose, honking)
- Glide (Sliding, moving, joining)
- Vowel Phoneme Distinctive Features
- Lip Rounding Versus Spreading
- High Versus Low Tongue Height
- Open and Closed Vowels
- Front Versus Back Vowels
Chapter 8. Detailed Description of Stage III: Coding Phoneme Patterns With Colored Objects
- Color Coding Phoneme Strings
Chapter 9. Detailed Description of Stage IV: Spelling Sounds With Letters
Chapter 10. Special Considerations
- Pronunciation Peculiarities
- Dealing with the Schwa
- Merger of Phonology and Syntax Rules
- Regular Past-Tense Pronunciation of /-ed/
- Plural, Possessive, and Third-Person Singular Word Endings
- Plural Noun Endings
- Plural Words Ending in /y/ and /ey/
- Plural Words Ending in /f/
- Plural Words Ending in /o/
- Root Word Changes for Plural Nouns and Nouns Used Only in Plural
- Zero Plural Nouns
- Possessive Designation of Zero Plural Nouns
- Possessive Designation of Regular Plural Nouns
- Pronunciation of Third Person Singular Verb
Chapter 11. Logistics
- Using the Block-by-Block Spelling Charts
- The Grade-Level Spelling Lists in Appendix J
Chapter 12. Summary
Appendix A. Alphabet Charts
Appendix B. Consonant and Vowel Distinctive Feature Charts
Appendix C. Stage II Activities
Appendix D. Phoneme Deletion Exercises
- Common Discrimination Errors
- Discrimination of Glides
- Discrimination of Nasals
Appendix E. NAR Spelling Forms
Appendix F. Miscue Analysis
Appendix G. Sample Charts, Sentences, and Stories From NAR Lists
- Sample Charts, Sentences, and Stories
- Sample Charts, Sentences, and Stories from NAR Lists
Appendix H. Rules for Double Consonants
Appendix I. Diagrams
Appendix J. Grade-Level Spelling Sets
About The Author
Carol A. Kamara, PhD, CCC-SLP/A, FAAA, is director of the Kamara Center for Learning and Communication Disorders in North Bethesda, Maryland. For more than three decades as a clinician, she has researched and applied theories and methodologies about the diagnosis and treatment of children and adults with mild to severe manifestations of dyslexia.
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Here are my personal recommendations for top quality products to make your life a blessing!
Monday, March 6, 2017
The Women in the Castle
Well I was disappointed. Based on the rear cover's premise of what the novel, The Women in the Castle was promised to deliver and also based on the accolades from others on this novel I wanted so much more than it delivered. The first half of the novel was great, highlighting the stories of Marianne Von Lingenfels and Benita Fledermann, the wife of a childhood friend she promises to look after if anything should happen to her husband Connie. The stage is just before World War II when a group of resistors to Hitler's plan to take over Germany and eliminate those who stand against him. Her husband along with most of her friends have all been hanged for their crimes against Hitler and now she has lived up to her vow to protect their wives, fellow resistors like herself along with their children.
The novel showcases both of the women's lives in a toggling between chapters of their past and present lives while living in a Bavarian castle of her husbands ancestors even though it doesn't have much of the creature comforts it once did. They eventually take on another woman Ania and her two sons who are now refugees with no place to go. They all band together to try and make it to their futures despite the odds against them in a makeshift family of sorts. It is an interesting perspective on what life would have been life trying to survive against the odds in the midst of a world war and one I had anticipated I would have enjoyed until midway through the book where it seems to take on a darker worldly side of not only language but also subject matter you didn't experience until this far into the novel. For me, it wasn't needed to get into the particulars of such events and sexual encounters because up to this point the novel was moving along and conveying such events were possible without describing them and adding profanity to both the characters dialogue, which in my opinion, cheapened the storyline even if such things were probably said in real life.
I received The Women in the Castle by Jessica Shattuck compliments of William Morrow, a division of Harper Collins Publishers. It is for this very reason that reviews are needed. It prevents the reader from having to endure things they don't wish to read in novels while hoping for an enjoyable historical novel. That being said, most people will rave over the novel as other reviews will undoubtedly praise it for the historical details of what women might have had to endure when their husbands were killed for their beliefs against Hitler and even those who didn't know if their husbands were alive when they were shipped off to imprisonment camps of the SS Nazi's. I give this novel a 3 out of 5 stars.
For more information about The Women in the Castle, Jessica Shattuck or where you can pick up a copy of this novel today, please click on the links below:
You can find Jessica Shattuck on Facebook to stay up to date on all her latest novels.
To read more reviews on The Women in the Castle, please visit Harper Collin's website.
Posted by Heart2Heart at 12:01 AM
Labels: Book Review, Fiction, Germany, Harper Collins Publishers, Historical, Jessica Shattuck, Nazi Occupation, The Women in the Castle, William Morrow, WWII Fiction
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Here in North America, the F-150 pickup and its Super Duty siblings are Ford's (NYSE:F) bread and butter -- and they've been posting big sales gains lately, thanks to surges in the construction and oil markets. Now, a related segment -- commercial vans -- is showing signs of heating up, and Ford's small Transit Connect is posting big gains as well.
But sales of Ford's mainstay E-Series van have actually dropped lately. In this video, Fool.com contributor John Rosevear looks at the important commercial van market -- and at Ford's surprising plan to replace its familiar old Econoline with a very different product.
Fool contributor John Rosevear owns shares of Ford. Follow him on Twitter at @jrosevear. The Motley Fool recommends Ford. The Motley Fool owns shares of Ford. Try any of our Foolish newsletter services free for 30 days. We Fools may not all hold the same opinions, but we all believe that considering a diverse range of insights makes us better investors. The Motley Fool has a disclosure policy.


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few months ago I decided that I wanted to get something pierced, but I didn't want to get a facial piercing or a genital piercing for various reasons. And the belly button piercing is getting a little too cliche for me to take, so I decided that I wanted to get my nipple pierced. At first I was worried that my nipple would be permanently erect (that was what I had heard), and I was worried about breast feeding (which I have been told I will still be able to do if I ever want to), and I was worried about pain. I am really afraid of needles. In fact, I pass out from things like flu shots and things like that. But I decided the best way to ring in the new year, and celebrate my 18th birthday (which is December 31st) would be to get a barbell in my left nipple.
I came to the conclusion that I wanted a barbell from looking at looking at the pictures on BME. PLus I heard that barbells were less likely to migrate or get caught on things. Sounded good to me. Plus if I ever wanted to, I could always put in a CBR.
I had a friend who got her belly button pierced at a place in Seattle called Michelle Hamilton Salon (www.mhsalon.com), and I had gone with her. The place was clean and did things by the book, and the people there all seemed really nice. So I decided that Michelle Hamilton Salon was where I wanted to go. And then I found out that there was an ad in the Stranger (an alternative weekly paper in Seattle) for 20% off of jewelry at MHS. So that settled it.
I went with about 4 friends, as part of my birthday celebration. The piercer, known as Lisa the Gentle Piercer, was really nice and professional. She put me at ease, and I warned her ahead of time that I don't do so good with needles. Turns out that I did just fine (but that comes later). So she went through her aftercare instructions with me as she was getting everything ready. Then I took off my shirt and bra and she disinfected me with something that reminded me of iodine (but I don't know if it was). And she also drew lines on my nipple to make sure that she would get it in straight (I don't remember if that came before or after the iodine) Then she clamped me, which really didn't hurt as bad as I expected. I was thinking it would hurt like a titty twister, but it didn't.
Then she asked me if I wanted anyone to hold my hand, so I held two of my friends' hands. She had breathe deeply for a little while, and get relaxed. Then She told me that I was to breathe in, hold it for two seconds, and then breathe out when I felt ready for her to pierce me. I decided not to hesitate, or I could be laying there forever trying to psych myself up for it. So I did what she said, and she pierced me on the exhale. It was so quick, less than half a second (which I have been told is one of the signs of a skilled piercer). It didn't hardly hurt at all, just a little bite. Not nearly as painful as getting a shot (and a completely different kind of pain from the tattoo on my hip that I got 2 years ago).
Well about 30 minutes later it started to get really tender. I think that all the endorphins must have left my system. I found that the less my breasts bounced, the less it hurt. So I just kinda walked slow and stuff. I am glad that i was wearing ablack shirt because later in the evening the blood had oozed through my shirt (not as much blood as I expected though). That night I cleaned it, which took about 15-20 minutes to get all the blood off, plus I was being really gentle because it was tender.
That night I slept with a sports bra on because it helped it hurt less. The next day there was a little blood but not much. Not enough to even soak my bra. And it hurt a lot less too. The next day it had stopped bleeding totally. It got to the point that even if I bumped something with my chest it didn't even hardly hurt at all. I kept wearing the sports bra at night for the next 2 weeks. I followed (and still do) the aftercare instructions to the letter. I found that putting a wet piece of paper towel on my nipple for about 30 seconds or so helped soften some of the crusties a little better so I could clean them off easier.
Now I have noticed (15 days later) that my nipple is more sensitive, in a good way. And even though it hurt before when my nipple got hard (right after piercing) I find now that it feels very good. I have decided to get my right nipple pierced now too. But I will wait until I get another break from school, so I can get pierced at MHS in seattle again (I live there, but go to school across the state).
Anyway, it was a very good experience, and I am glad that I got it done. And, especially for a needle phobic like me, that it was less painful and scary than I had expected.
Happy Piercing!
Amanda G.
submitted by: Anonymous
on: 01 Feb. 1999
in Nipple Piercing
Artist: +
Studio: +
Location: +


text:
1 Min Read
Dec 19 (Reuters) - CROWDSOFT TECHNOLOGY AB:
* FLOWSCAPE ENTERS FIVE YEAR COOPERATION AGREEMENT WITH SWEDISH FUJITSU Source text for Eikon: Further company coverage: (Gdynia Newsroom)
All quotes delayed a minimum of 15 minutes. See here for a complete list of exchanges and delays.
© 2018 Reuters. All Rights Reserved.


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Double Lattice 42″ x 84″ Oval Table Top (HOLE)
Perfect with the Double Lattice Oval Table Base, but Summer Classics signature table top is also compatible with two of our Cort dining table bases which all have a hole spacing of 24″ (See related bases below, requires 2). Choose from Bar height, counter height, dining table height, or euro table height bases. Comfortably seats 8. Each perforation in the double lattice pattern is hand filed. In the early production of our Provance (Double Lattice) Collection, the original designs were sand cast from hand carved wooden molds that were intricately crafted by skilled artisans. Today these signature tables are permanent mold cast in four sections and welded in 360 degrees together with extreme precision.
- Item Number
- 4056 + Finish #
- Dimensions
- Weight
- 57.625
- Umbrella Hole
- Yes
- Material
- Cast Aluminum


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Download the authoritative guide: Cloud Computing 2018: Using the Cloud to Transform Your BusinessMaybe it's time enterprise software took the credit, and the blame, for the jobless recovery.
When Federal Reserve chairman Alan Greenspan famously praised technology for boosting productivity in a March 2000 speech, everyone in high-tech said their "I told you so's" and patted each other on the back. Of course, Greenspan has been too polite to pass around the blame for the subsequent recession, though we all know in our heart of hearts that high-tech's pact with the dotcom devil had plenty to do with the bad times we've all felt since the economy turned sour shortly after Greenspan's speech.
What's been largely untold is that the rate of productivity gains when Greenspan took his measurements has to be a fraction of what it is today. That's because when Greenspan was taking his measurements prior to March 2000, high-tech was at the height of the dotcom hype. Greenspan's productivity gains were based largely on pre-Internet technology and the nascent effects of a still-untried new economy.
Three-plus years later, we know that many of the promises of the new economy really did make sense, and were adopted even as the recession loomed. The result is that today there's an even better case for productivity gains from technology than could have been evident in 1999.
The fact is, enterprise software is making real headway in improving productivity, lowering costs and streamlining operations. Not to mention facilitating new markets. In other words, three-years post-hype, we're finding that Greenspan's comments seem both prescient and conservative. The improvements have had an impact across the board, from the boardroom to the shop floor, from mid-sized regional players to global giants. While far from perfect, the fact remains that, with 2004 on the horizon, it's time to say that enterprise software is beginning to hit its stride.
Which brings us to the jobless recovery.
While I don't contend that technology got people fired in the first place -- management largely fired workers out of a desperate need to reduce costs, not through perceived efficiencies gained from using technology -- I'm beginning to believe that technology is what's preventing the current turnaround from bringing on massive new employment. Since the recession began, a lot of enterprise software has gone on line, and taken a lot of jobs with it.
Take retail, for example. Turns out that e-retailing actually does work: Customers are buying many billions worth of goods online. While early on-line retail systems also used low-tech paper order or fax at some point in the order process, most of the big e-retail systems of today are highly automated. Published estimates say that consumers will buy $12.5 billion in goods online this year -- that's still only 4.5 percent of the retail spending pie.
But those numbers represent thousands of potential jobs lost to the Internet. And even if customers still shop in stores, the move to automate the supply chain will make retail even more productive. Add RFID tags, and the efficiencies in warehousing, inventory management, and logistics will be enormous. As that number grows from 4.5 percent to 10 percent and beyond, the productivity gain in retail will continue to grow. All with a net reduction in the number of workers needed.
Hence the problem with joblessness: Once a company has implemented these technologies, there's no need to fill in the gaps by rehiring once the recession turns around. That growing e-retail component will scale nicely without additional hiring. And the future promises more bad news. Many enterprise software products can be bought and installed for the price of four to 10 full-time equivalents. If the software can be proven to obviate the need for a few bodies, the economics of software versus hiring will continue to favor software.
Short of becoming Luddites, there's not much to do except retrain workers and hope that new productivity will also expand opportunity. Enterprise software is not to blame, it has merely done its job. But if you're among those made redundant by the new new economy, software has done its job just a little too well.
Joshua Greenbaum is a principal with Enterprise Applications Consulting, a technology and marketing consultancy in Daly City, Calif.
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In part one of this article, the term "karat" was identified as referring to the purity of gold. 24k gold is the purest form of gold, and as the number of karats lessens, so does the purity of the metal.
Goldsmiths mix other metals to gold, in a process called "alloying". The purpose of alloying is to harden soft gold so that it is durable and wears well. Different types of metal alloys will also change the colour of the gold. The most common alloys added to pure 24K gold are as follows:
Yellow Gold: Silver, Copper, and Zinc. Yellow gold is the most popular worldwide.
White Gold: Nickel, Zinc, Silver, Platinum, and Palladium. Brilliant luster.
Pink (Rose) or Red Gold: Copper and Silver. Pink gold has become increasingly popular and looks lovely when combined with yellow, white or green gold.
Green Gold: Silver, Copper, and Zinc. Green gold is being used more and more with pink and yellow gold to make uniquely contrasting designs.


text: Manchester: Manchester United chief coach Jose Mourinho has once again taken a dig at his Arsenal counterpart Arsene Wenger indirectly, stating some coaches' have not won a major club football trophy in 10 years. Mourinho and Wenger's feud dates back to the mid-2000s when the former had come in for his first spell at Chelsea and it looks set to be reignited this season too. The Portuguese tactician was asked if he can bounce back this summer after being sacked by Chelsea last December. Mourinho took the opportunity to make a veiled attack on Wenger. "There are some managers, the last time they won a title was 10 years ago. For me, it was one year," the 53-year-old was quoted as saying by the Independent on Wednesday. Wenger, who is presently the longest serving coach in the English Premier League (EPL), has not lifted the domestic trophy since the 2003/2004 season. Arsenal finished second in the 2015-16 EPL, while Chelsea came 10th. The pair infamously came to physical blows during a league match between Chelsea and Arsenal at Stamford Bridge in October 2014. Mourinho had previously called Frenchman Wenger a "voyeur" and a "specialist in failure".


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Team trying to keep NHL Predators in Nashville says deal with Leipold unlikelyNHL.com @NHLdotcom
It looks like Craig Leipold will have to start looking for a buyer for his Nashville Predators all over again.
The Nashville-based Tennessean newspaper says the leader of a local group trying to buy the NHL club doesn't expect the deal to work out.
The group asked Saturday for new municipal tax money and several improvements to the Sommet Center, where the Predators play. According to leader David Freeman, the city has rejected the requests.
"No, I'm not hopeful, but also not bitter," Freeman, CEO of 36 Venture Capital, told the newspaper Monday after his group's proposal to change the Predators' Sommet Center lease was made public. "We put a ton of work into it, and we did our best."
The group has until Oct. 31 to negotiate exclusively with Leipold, who previously had talks with buyers who might move the team out of town.
One of those prospective buyers was Canadian billionaire Jim Balsillie, the co-CEO of Waterloo, Ont.,-based BlackBerry maker Research In Motion.
That fell through when Balsillie started taking season-ticket deposits in Hamilton after promising not to move the team.


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National Human Rights Month Lecture: Accidental Holocaust Fiction
Skokie | Website
This event occurred in the past.
Map | Find Parking
Dr. Danny M. Cohen discusses the surprising process of writing his historical novel. Set in 1943 Berlin, Train follows six teenagers who witness and try to escape the Nazi round-ups, shedding light on the "other victims" of Nazism—the Roma, the disabled, homosexuals, intermarried Jews, and political enemies of the regime. Dr. Cohen is founder of Unsilence Project and a professor at Northwestern University's School of Education and Social Policy. A book signing follows.


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Body Therapies
Class Schedule
About Megan
To Contact Megan:
I check emails a few times a week and will respond as quickly as possible.
Office Phone:
(812) 272-1850
I return phone messages on week days, as soon as possible.
Thank you for your patience.
Office Location:
Main office in Baton Rouge at:
The Red Shoes
2303 Government St.
Baton Rouge, LA 70806
I am thrilled to be aligned with The Red Shoes. This local non profit women's spirituality and personal growth center
is located across from Heroman's Florist. Well lit parking is available behind the building.
Satellite office in Lafayette:
The Camelia House:
708 Jefferson Blvd., Lafayette, LA 70501
I am here usually once a month and have limited session availability. Contact me for details.
Satellite office in Indiana:
East West Acupuncture:
357 S. Landmark Avenue, Bloomington, IN
I travel here a few times a year to see clients. Contact me for details.
Mailing Address:
Please do not send mail to the office addresses. Contact me instead.
webpage copyright 2008 Megan Assaf