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Q. 1 (a). Point out and explain the origin and development of Administrative Law in India from ancient period to present day. Or Explain about the causes of the development of Administrative law in India after obtaining the independence.
Q.1(b). Discuss about the sources of Administrative Law in India.
Q.2(a). What is Administrative Law? Explain its nature and scope.
(b) Point out the difference between Administrative Law and Constitutional Law?
(c) Discuss the causes for the growth or reasons of the importance of Administrative Law.
Q.3a). What do you mean by the doctrine of' droitAdministratif? Explain its characteristic features. Explain the merits of the system. Also state the composite and working of conseild Etat. b) What is the difference between Administrative law and Droit Administratif.
Q.4. Define the term 'Rule ofLaw'. How has this doctrine been applied in India? Is Rule of Law repugnant toAdministrative Law? What do you understand by 'Rule of Law'? What is the importance of 'Rule of law' for a welfare State?Or `The Rule of law' postulates the persuasiveness to the spirit of law throughout the whole range of Government in the sense of excluding arbitrary official action in any sphere.Or Explain fully the dicey's concept of the Rule of law.
Q.5. What do you mean by the Doctrine of 'Separation of Powers'? Describe its importance in the context ofAdministrative Law.
`The Indian Constitution has not indeed recognized the Doctrine of Separation of Power in its absolute rigidity but the functions of different branches of the Government have been sufficiently differentiated.' Discuss.
`The Doctrine of Separation ofPower is not fully applicable in India'. Comment Or Explain Montesquieu's theory of Separation of Power and examine its cpplicatioit «Rhin Indian Constitution.
Q.6a). What do you understand by delegated legistation? Discuss the various methods ofjudicial control over delegated legislation.
Q.6b). Examine the various methods of Legislative control over Delegated Legislation. What is the effect of failure to lay? What are the various kinds of laying?
Q.6c). I-low the Parliament exercises procedural control over Delegated Legislation? Also discuss the effect of failure to exercise of procedural control?
Q.6d). Examine the various causes of the growth of Delegated Legislation and also Explain the classification of Delegated Legislation.Or Discuss necessity for the delegation of Legislative Powers to the Executive.
Q.6e). Explain the constitutionality of the delegated legislation in India. What functions cannot be delegated under impermissible delegation?
Q.6(f). Discuss those legislative functions which can be delegated and which can not be delegated?
Q.6g). What is excessive delegation? Does the Court disapprove the practice of excessive delegation?
Q.7a). Explain the various kinds of classification of Administrative Action with examples. What is legislative, judicial and Administrative Action? Also explain the Quasi-legislative and Quasi-judicial Actions.
(b) Distinguish between (i) Quasi-legislative and quasi-judicial actions; (ii) Legislative and Judicial Actions; (iii) Legislative and Administrative Actions; (iv) Judicial,Quasi-judicial and Administrative Actions; (v) Administrative and Quasi-judicial Actions.
Q.8a). What is Administrative Instruction and Administrative Direction? Explain their effects on individual's rights and enforceability. (b) Define and explain "Administrative Discretion". To what extent the exercise ofAdministrative discretion is subject to Judicial Control?Or Discuss the Scope ofJudicial Review ofAdm inistrative discretion?
Q.9. What do you mean by Ombudsman (Lokpal)? What steps had been taken in India for establishing this institution?
Explain whether the institution of0mbudsman is feasible in India for redressal ofgrievance of c itizens against mal-administration.Or Describe the function and powers ofl,okayukta? What is the position of Ombudsman in India?
Q.10a). What do you mean by Natural Justice? Discuss. Or National justice is the name given to certain fundamental rules which are so necessary to the proper exercise of power, that these are protected from the judicial to administrative sphere. Comment.
Q.10b). How far is the requirement of giving a reasoned decision a component of natural justice?
Q.10c). 'No Person shall be a judge in his own cause.' Comment.Or What is the effect of 'Bias' on the administrative authority? Point out the different kinds of `Bias'.0r Explain the application ofthe 'Rule against Bias' making reference to the decided cases.
Q.10d). What do you mean by 'Audi Alteram Partem' and also state the exception to the principle.Or `No person shall be condemned unheard'. Explain and illustrate the above rule.
Q.11 a). What do you understand by Administrative Tribunal? Distinguish it from the Court.
Q.11 b). Discuss the circumstances which necessiated the creation of Administrative tribunals.
Q.12. What do you understand by prerogative writs? Discuss the nature, scope and object of Habeas Corpus.
Can successive applications for Habeas Corpus be moved? Explain the procedure and grounds of issuing of Habeas Corpus. Who may apply for it?
Q.13 a). Discuss the growth ofthe Administrative Tribunals in India.
Q.13 b). Describe Central Administrative Tribunal. Discuss the objects of its establishment.
Q.14. Are the powers of the supreme court under Article 32 of the Constitution of India very wide? Express your opinion giving illustrations.Or Discuss the remedies available under Article 32 of the Constitution.
Q.15. Explain the writ jurisdiction ofthe High Courts in India under Art. 226 of the Constitution.
What is the scope of the writ issuing powers conferred on High Courts underArt. 226 to check the administrative authorities from assuming arbitrary powers?
Discuss the limitations which the High Court may itself place for the exercise °fits jurisdiction.
Q.16a). Discuss the nature, scope and object of the writ of certiorari. What are the grounds on the basis of which it can be issued? Can it be issued to call for the proceedings of an Act or Ordinance?
Q.16b). Discuss the meaning, nature and scope ofthe writ of Prohibition. Also state the grounds on the basis of which it can be issued.
Q.16c). Explain the meaning, nature, scope and object of the writ of Mandamus. What are the conditions and grounds on which it can be issued? Who may apply for it? Against whom mandamus will not apply? What remedies are provided by it?
Q.16d). Discuss the meaning, nature, scope and object of the Quo-warranto. What are the conditions of its issuing? Who may apply for? When can it be refused?
Q.17a). What do you understand by "Public Interest Litigation" (PIL)? Is it an exception to the "Locus Standi"? What is the object of Public Interest Litigation? On what grounds the court would allow litigation in public interest? Give some illustrative cases where the court allowed P.I.L.
Q.17b). What are the abuses or demerits of Public Interest Litigation? How the defects of P.I.L. may be removed?
Q.18a). Describe the contractual liability ofthe Government?
Q. I 8b). Discuss the tortious liability of the Government for torts committed by its servants during the course oftheir employment
Q.19. What is legitimate expectation? Refer to decided support ofyour answer. Also discuss the importance and development of the doctrine of legitimate expectation in India.
Q.20a). Discuss the ordinary remedies available to an aggrieved person on against the wrongful acts of the Administrative action?Or Write notes on Injunction, Declaration and Action for Damages.
Q.20b). Examine the Constitutional safeguards available to the civil servants in India. Do these safeguards apply to the
(a) Members of the Defence Forces,
(b) Employees ofthe Public Corporation and
(c) Employees of a University?
Discuss the doctrine of pleasure. What protections have been afforded to a civil servant by Art. 311 against arbitrary dismissal, removal or reduction in rank of civil servants? State the circumstances under which the said protections are not available.


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For Adblock Plus on Google Chrome: Dem, GOP voters agree: If you thought Weinergate was the end of crotch shots, dirty talk and Internet voyeurism all with the rosy glow of a history in politics! Below are steps you can take in order to whitelist Observer. Email Laura Donovan and follow her on Twitter.
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subset: commoncrawl


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Manchester City host Monaco in the first leg of their Champions League last-16 tie on Tuesday. Here are some of the main talking points ahead of the game.
Monaco's form
When the draw for the first knockout round was made last December, there was a broad consensus that City would have been happy, having avoided the likes of Atletico Madrid, Juventus and Borussia Dortmund. Monaco's form since may have changed the picture, however, with the principality team having marked themselves out as serious contenders. They lead Ligue 1 by three points from Paris St Germain, having scored 76 goals in their 26 games.
Aguero V Falcao
With two such attack-minded sides, this tie could feature plenty of goals over the two legs. Attention will focus on City's top scorer Sergio Aguero, who is back leading the line following an injury to impressive new signing Gabriel Jesus.
Aguero, who has scored 18 goals this term, had been on the bench for three successive games before starting at Huddersfield on Saturday. With speculation over his future continuing, he may have a point to prove. Radamel Falcao, who failed to impress in loan spells at Manchester United and Chelsea, seems back to his best this term having struck 19 times this season. He is once again a player to fear.
Pep Guardiola on Radamel Falcao: "The way Monaco play is perfect for him. I am happy he is back and scoring goals." pic.twitter.com/auGjDUh14f— Squawka News (@SquawkaNews) February 20, 2017
City's goalkeeper
Claudio Bravo kept a clean sheet after returning in goal for City in Saturday's FA Cup tie at Huddersfield.
It remains to be seen, however, whether this is a return to favour or simply manager Pep Guardiola maintaining his policy of rotating goalkeepers for domestic cup matches. Willy Caballero had played the previous four matches and conceded just one goal. The Argentinian has a good chance of starting but Guardiola says he will decide on the day.
Champions League prospects
With PSG thrashing Barcelona, the five-time European champions last week, the competition does seem wide open.
City would not be regarded among the favourites yet but if they can get through this round, the event could open up. They can take encouragement from the fact they reached the semi-finals last year, beating PSG along the way, and Guardiola's undoubted Champions League know-how gives them an extra weapon.
Etihad Stadium atmosphere
City fans have been slow to warm to the Champions League, and still boo the competition's anthem in protest at perceived past wrongs by UEFA, but the last year has seen love for Europe's elite club event grow. The atmosphere for last year's big ties against PSG and Real Madrid was electric, as it was for this season's group visit from Barca. City will hope the crowd can give them an edge in this tie, particularly with Monaco having a small following.


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Media Engagers has over 14 years of experience of delivering effective business management solutions to a broad spectrum of organisations ranging from large companies to small/medium enterprises across the MENA region. Whilst technical competency is one of our key strengths, customers are able to leverage our wealth of business experience, knowledge and expertise ensuring a fit for purpose, low risk, low cost implementation2 reference(s)
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text: skill is not the key to happiness. Happiness is the key to success. If you adore what you are doing, you will be successful. Herman Cain Twenty years from now you will be more disappointed by the things that you didn't realize than by the ones you did do. http://bestromanticquotes56764.post-blogs.com/2981028/my-favorite-list-of-success-quotes-for-students


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Hello, and welcome once again to 'Have You Seen This, Adam?' I'm Adam and as the Guinea Pig of the Sensum office, I'll be recording and sharing my emotional responses to the videos you think will get my emotions running using the cutting-edge Sensum product.
These weeks seem to be flying in as we find ourselves now on Week 3 of this experiment, and today I watched the Culture Night Belfast 2012 review video from the boys at Redcap Productions..
When the music and visuals began I started to wonder who the soundtrack was by with its infectious African beat, which was followed by time-lapse footage of a lot of hustling and bustling. Unfortunately this was followed by what looked like Aphex Twin (aka Richard James) in a tracksuit, blowing me a kiss. Yuck!
There's quite an interesting spike, when this scary lady below appears. I don't remember feeling scared or shocked, but it's interesting to see that Sensum has picked up on this.
There are small spikes in the visualisation of my emotional response when drums appear on screen. I am a bassist, but maybe I should jump ship and learn the drums?!?!
Throughout the video there is a constant change in visuals and scenes, and as we can see from the overall view below, the graph continues to rise throughout. Therefore, my engagement was pretty high. Maybe it says something about my brain or attention span, that I need constant changes in visuals to build up to a large level of engagement to any given media.
Hmmmm this will have to be investigated!
Thanks again for reading and check out our review of Culture Night. We had an absolute blast!
Until next time, please keep submitting suggestions on Facebook the Have You Seen This, Adam? Facebook page, Twitter (#sensumadam) and our email: firstname.lastname@example.com


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Telephones Dubai
Address: Po Box 293787, Dubai, UAE
Phone: 04 2555070
Fax: 042555080
Email: Data not provided
Website: Data not provided
Description - BMG INTERNATIONAL FZCO Telephones Dubai
Our company BMG INTERNATIONAL FZCO belongs to category Telephones, located in the city of Dubai Airport Free Zone. Our company address is Po Box 293787, Dubai, Dubai. You can find out the information you need by calling 04 2555070. The location of the company BMG INTERNATIONAL FZCO and directions can be found on our interactive map.


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Email Sue Lewis - Business and Personal Development Coach, CPD Accredited
If you're ready for a new challenge, or not getting anywhere fast with your old ones, then get in touch. I work with individuals and teams on leadership and personal development, because sometimes you need more than a push in the right direction.
Please either enable it in your browser and try again, or return to the profile page for Sue Lewis and select a different method of contact.
Important: Please only use this confidential contact form to send life coaching related queries. If this life coach reports unrelated queries to us, appropriate action will be taken against the sender. To find out how we will process the information you enter on this form, please read our privacy notice.a life coaching


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Welcome to our parish community!
President: Shawn Turner
Treasuer: Jason Morrissey
School Liason & Facilities: Mary Jacobs
Secretary: Open
CYO Football: Shawn Turner
CYO Volleyball: Lori Thomas
CYO Basketball: Joe Erskine
CYO Track: Christina Craig
CYO Flag Football: Open
CYO Cross Country: Open
Field Maintainence: Kelly Mages
Field Rental: John McLenon
Join the Holy Spirit Track Team! All are welcome - we are looking forward to seeing new and old runners!Contact Holy Spirit Track & Field: email@example.com
The only requirement is that you must be a member of Holy Spirit Parish in grades 4-8. No experience is necessa! We encourage everyone to come out and experience what it means to be a part of such a fantastic team.
The first practice is on MONDAY, MARCH 18 from 6:00-7:30PM. Practice will be Monday, Tuesday and Thursday from 6:00 – 7:30 PM at Overland Trail Middle School track, located at 6201 W. 133rd Street, Leawood, KS 66209. Spring is a busy time of year, we offer practice 3 nights a week to accommodate all our athletes, come as you are able! 4th graders will only practice one night a week, which will be Monday. Again, we run a flexible program, if your 4th grade athlete has another commitment Monday evening, send them Tuesday.
No, but we encourage you to come as often as possible. Track is a short season. At the end of our seven weeks we are just beginning to see what your potential might be. Take advantage of time on the track. Work hard and we promise that you will see improvements.
Absolutely, but we do ask that you consider making track meets a priority, most importantly, the City Track Meet. This is an all-day meet. This is the only meet were points are scored and trophies are awarded. It is also the only time that records in the running events can be set. To compete in City Meet, you must participate in 2 meets prior to the City Meet.
*Note that 4th graders do not participate in City Meet.
Click here to visit the HSAA page.
The mission of Holy Spirit Athletic Association (HSAA) is to organize and administer parish youth sports. Holy Spirit youth participate in the Wyandotte and Johnson County Catholic Youth Organization (CYO) League, which sanctions football, volleyball, basketball and track programs for students in grades 5th through 8th.
The Athletic Association parish K-4 program organizes Holy Spirit teams which compete in local soccer, basketball, baseball and softball leagues.
The HSAA also maintains the parish gym, baseball/softball, soccer and football practice fields, walking track and picnic shelter.
If you have any questions about HSAA, please contact Shawn @ 913.219.5466 or email hsaa at hsaa @hscatholic.net
Leading Youth to Christ through Sports!
Mission of CYO: CYO, a collaborator with parish youth ministry, is in partnership with parents, coaches, volunteers, parish staffs and clergy to offer elementary and secondary school youth the opportunity, through the media of sports, recreation and other activities to grow in virtue, develop their full human potential and become a more committed disciple of the Lord Jesus.


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Learning The Secrets About Dentists
All on Gum Diseases and Your Dental Health
Periodontal or gum disease a kind of oral infection that particularly affects the surrounding gum tissues that serve to have your teeth held in place on the gums. Gum disease is often a result of wanting brushing and flossing of the teeth that is often resulting in the buildup of plaque. Where these are not treated in good time and as such the signs are allowed to advance like so, they will lead to the gums appearing and getting swollen and bleeding will as well follow and all these will eventually culminate in loss of teeth. You need to be alert to the fact that periodontal disease happens to be a sure cause of threat to your oral health and this is a fact that you need to be quite alive to. In act looking at this whole issue from the statistics and data collected by the researchers, it has been revealed that in every 10 cases of adult tooth loss, 7 were as a result of periodontal disease, making the whole appear and be more serious.
What's worsening the whole situation happens to be the fact that at the beginning, the signs of the disease are not as loud. It may only show in some bleeding which may be mild or even merely blood stains, and painless and mild swollen gums. This is the very reason why it will be quite imperative for you to have some regularity with your visit to a dentist as it is only with the services of the professionals that you will be able to reverse and have treated these early signs of gum disease.
Who will get to suffer this kind of oral health condition, periodontal disease? In a number of cases, you will realize … Read More..Read More →


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Throughout the conference, food is our special theme. To spice things up a little, we will take you on an inspiring and equally tasty journey in the world of agro and food. The onion, probably the Netherlands' most invisible yet omnipresent agricultural export product, will be your tour guide on this mission. Along the way, you will learn about the sector, about its often surprising cross-overs with high-tech and science, and most importantly: taste and judge the success of the products of these peculiar collaborations yourself, culminating in the FoodTech Experience Dinner, a moment of relaxation and enjoyment to experience the latest and tastiest the Netherlands has to offer. Are you ready to bite in?
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Angelic investors in entertainment are quite common these days. We're honest, who does not like good old entertainment and the angel investors are not different from the rest of us. Except the fact that they are rather unimaginably rich! They too have their musical tastes and if you can get their patronage, then there is no limit to how high their company will fly!
Investment needs
If you're starting an entertainment business of your choice, you'll definitely need funding because entertainment is an activity that has many requirements:
• A large office: appearances are very important in the entertainment world and we all know it.
• A capable task force – PR is the watchword for the entertainment industry.
• Good sound system – preferably Bose, and we all know how expensive it can be.
• Excellent food: you have to convince all potential customers and investors.
And a myriad of other needs, depending on the branch of entertainment in which you decide to venture. Frankly, creating an entertainment business requires more capital than creating businesses of any other type and angelic entertainment investors are very much needed.
Wanted: Angel!
So, where do you find angel investors in entertainment, Where can you watch, After all, nothing is easy in this world and not even the financing for your business. The best way to search angel investors is through the network. Ask around, set up all your personal contacts in search of angel investors for your business, you'll never know where you might come across an investor angel.
Ask people if they know someone who knows how to be willing to invest in your business. If you are not lucky enough to find an angel investor in this way, what you need to do is visit the chamber of commerce, job seekers, service providers or even local boards of directors. You can create new contacts in this way and you will be able to find your angel investor soon enough. If you're lucky, you could meet large groups of angel investors who will be willing to put a lot of capital into your business.
An angel investor is someone who does not require a high return on his investment. They have lower interest rates and one has the freedom to repay their money over a longer period of time. This is probably why they are called angelic investors.
Nowadays, the challenge is not simply looking for angelic investors in entertainment. Nowadays, what an enterprising entrepreneur will do is look for angel investors in their area who provide a high investment and also a vast and extensive list of contacts along with advice that comes only from many years of activity in the sector. This is the reason why the business of the show is all focused in these days, after all the competition, especially in this field, is becoming more rigid and rigid. Finding angelic investors in entertainment might just be the step that will take your business to the next level.


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Ask Me About Salt
Performance Description
Framed as an improvised walk, this performance highlights our complex relationship with salt. The piece begins with a drawing of the sodium chloride chemical structure (NaCl) on the sidewalk using common table salt. This is followed by interactions with the public initiated through taste tests of different kinds of edible salt. Through these savoury comparisons, I hope to enter into discussions about the use of salt in food and its related health issues. Depending on the direction of the exchange I may also talk about the harvesting of salt in China 8,000 years ago, the salt caravans (Azalai) practiced by Tuareg traders in the Sahara desert or its long history of use in rituals of purification, magical protection, and blessings.
Artistic Statement
Whether through performance art, experimental video or creative/critical writing, Randy Lee Cutler's practice explores the aesthetic of food, appetite and embodiment. She is interested in historical and contemporary engagements with food as image, material and method. Through photographs, recipes, staged cooking shows, or interventions in gallery windows, her artwork takes up food as its primary frame and reference. More than simple sustenance, food is also a metaphor for desire, bringing people together by way of conviviality. The production and distribution of foodstuffs have an integral effect on existence and concerns all living creatures. By making artwork informed by food, Cutler creates opportunities for audiences to be more connected to the land that sustains us and to each other.
Artist Biography
Randy Lee Cutler has performed and shown work at numerous Vancouver venues including the Vancouver Art Gallery, the Contemporary Art Gallery, Zeno Gallery/Dadabase, the Charles Scott Gallery, VIVO, the Helen Pitt Gallery, Out on Screen Film Festival as well as Video Pool (Winnipeg), Centre for Art Tapes (Halifax), Herland Film & Video Festival (Calgary), Groupe Intervention Video-GIV (Montreal), Outtakes Dallas Film Festival and the Tate Modern -Turbine Hall (London) for the Western Front. She contributes essays to catalogues and art magazines as well as maintains an experimental relationship to pedagogy, gardening and embodiment. Originally from Montreal, she lives in Vancouver where she is an associate professor at Emily Carr University.


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Foothills Golf Club
Holes: 18
Type: Public
Par: 72
Slope: 132
Yards: 6,968
Architect: Tom Weiskopf & Jay Morrish
Nestled amid the rustic beauty of South Mountain's ridges and buttes, the unique links-style layout of The Foothills Golf Club contrasts challenge with forgiveness. Measuring 6,968 yards from the back tees, this Tom Weiskopf and Jay Morrish design offers all the fun and excitement of a target layout with more than 65 daunting bunkers, lush rolling fairways and contoured greens.
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This software program, any printed materials, any on-line or electronic documentation, and any and all copies and derivative works of such software program and materials (the "Program") are the copyrighted work of SCAN2FX, and its holding company ("SCAN2FX"). All use of the Program is governed by the terms of this End User License Agreement ("License Agreement"). The Program is solely for use by end users according to the terms of the License Agreement. Any use, reproduction or redistribution of the Program not in accordance with the terms of the License Agreement is expressly prohibited.
1. Limited Use License. SCAN2FX, hereby grants, and by installing the Program you thereby accept, a limited, non-exclusive license and right to install and use one (1) copy of the Program for your use on either a home or portable computer subject to the terms of this License Agreement. You may not network the Program or otherwise install it or use it on more than one computer at a time. The Program is licensed, not sold. Your license confers no title or ownership in the Program.
2. Ownership. All right, title, interest and ownership rights in the Program and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications thereof and other intellectual property rights ("Intellectual Property Rights"), in or connected with and to the Program and any and all copies thereof (including but not limited to any titles, computer code, methods of operation any related documentation incorporated into the Program) are owned by, belong to and vest in SCAN2FX or its licensors. The Program is protected by the copyright laws of all countries on the Earth, international copyright treaties and conventions and other laws. All rights are asserted and reserved. The Program may contain certain licensed materials and SCAN2FX licensors may act to protect their rights in the event of any violation of this License Agreement. All trademarks are the property of their respective owners.
3. Responsibilities of End User. Subject to the grant of license herein above, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, translate, disassemble, decompile, or create derivative works based on or of the Program, or remove any proprietary notices or labels on the Program without the prior consent, in writing, of SCAN2FX.
Where applicable law provides otherwise (all and any modification, adaptations or improvements shall belong to, vest in and be the exclusive property of SCAN2FX on creation in any event); The Program is licensed to you as a single product. Its component parts may not be separated for use on more than one computer.
You are entitled to use the Program for your own personal non-commercial use as described in this License Agreement, but you are not entitled to, and shall not authorize any End User or other third party to:
You must back-up to another secure location, on a regular basis, any data files concerning your use of the Program as SCAN2FX has no liability for lost or corrupted data.
4. Node-Locked Subscription Service. Each subscription is tied to a single computer once the license key purchased is used to authenticate the subscription. The subscription cannot be transferred to another computer for the duration subscription term, and major modifications to the computer may grant the license invalid. In such case, a new subscription will need to be purchased for a full service term.
5.1. Fees and Payment. Customer shall pay to SCAN2FX fees in the amount and at the times specified. All Fees shall be payable in the designated currency and, except as otherwise agreed by the parties, are due immediately. All Fees paid are nonrefundable except as may be expressly provided herein. SCAN2FX reserves the right to change fee structures at any time. Renewals of licenses will be charged at the then current rate structure. SCAN2FX provides multiple Modules or Programs. Purchasing one Program or Module does not grant you a license to other Programs or Modules.
5.2. Taxes. All Fees hereunder do not include, and Customer shall be responsibly for, any national, federal, regional, state and local excise, withholding, sales, use or similar taxes, or any tariffs, customs or duties that may be applicable under this Agreement (excluding taxes based on SCAN2FX's income), unless Customer supplies SCAN2FX with a valid tax exemption certificate related thereto. If SCAN2FX has the legal obligation to collect such taxes or fees, SCAN2FX shall provide appropriate documentation related to such obligation to Customer and the appropriate amount shall be paid or reimbursed by Customer.
6. Termination. This License Agreement is effective until terminated or upon expiration of your license. Your License is limited for use during the timeframe purchased or during any free trial period. You may terminate the License Agreement at any time by deleting and removing the Program from your home or portable computer and destroying your copy of the Program in your possession. This License will terminate automatically if you fail to pay fees, or fail to abide by any of the terms and conditions. SCAN2FX may additionally, at its discretion, give notice to terminate this License Agreement in the event that it becomes aware that you are failing to comply with the terms and conditions contained herein. In such event, you must immediately destroy and erase the Program and all and any copies in your possession or control and stored on any media whatsoever and on SCAN2FX's request certify that you have done so. All End User obligations in Clauses 2, 3, 5-21 of this License Agreement will survive Termination or Expiration.
7. Limited WARRANTY; WARRANTY DISCLAIMER. SCAN2FX Warranty. SCAN2FX warrants to Customer that the SCAN2FX Program will conform in all material respects with SCAN2FX 's documentation and specifications related to such SCAN2FX Programs ("Program Warranty"). In the event of a breach of the Program Warranty, Customer shall provide written notice thereof to SCAN2FX, and SCAN2FX, at its option, may (i) correct, within a reasonable period of time, any documented and reproducible non-conformance in the SCAN2FX Program; or (ii) if, in SCAN2FX judgment, subpart (i) above is not feasible using commercially reasonable efforts, refund the Fees paid for the non-conforming SCAN2FX Program and terminate this Agreement with respect to such SCAN2FX Program. The Program Warranty does not cover non-conformance due to: (a) modification, configuration or support of the SCAN2FX Program performed by any party other than SCAN2FX or its designated agents, (b) use of the SCAN2FX Program with equipment that does not meet SCAN2FX's minimum standards for such SCAN2FX Programs, (c) Customer's or any End User's use of software other than the SCAN2FX Program, (d) use of the SCAN2FX Program or SCAN2FX Software other than in accordance with this Agreement or the EULA, or (e) Customer's or any End User's failure to provide accurate or legible information or other acts of negligence or willful misconduct. THIS SECTION 7 SETS FORTH SCAN2FX's ENTIRE LIABILITY AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THE WARRANTY. DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SCAN2FX PROGRAM AND SCAN2FX SOFTWARE ARE PROVIDED BY SCAN2FX HEREUNDER WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SCAN2FX DOES NOT GUARANTEE THAT THE SCAN2FX SERVICES OR SCAN2FX SOFTWARE WILL MEET CUSTOMER'S REQUIREMENTS, BE ERROR-FREE OR ACCURATE, OR OPERATE WITHOUT INTERRUPTION. WITHOUT LIMITING THE FOREGOING, CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT THE USE OF THE SCAN2FX PROGRAMS PROVIDED HEREUNDER DOES NOT GUARANTEE CUSTOMER'S COMPLIANCE WITH ANY REGULATIONS, LAWS, STATUTES OR RULES AND CUSTOMER IS SOLELY RESPONSIBLE FOR ITS COMPLIANCE WITH SUCH LEGAL REQUIREMENTS AND FOR OBTAINING LEGAL COUNSEL AND ADVICE IN CONNECTION THEREWITH.
8. INDEMNIFICATION. SCAN2FX, AT ITS OWN EXPENSE (INCLUDING PAYMENT OF ATTORNEYS FEES, EXPERT FEES AND COURT COSTS), SHALL DEFEND CUSTOMER FROM ANY AND ALL THIRD PARTY CLAIMS THAT THE SCAN2FX PROGRAM OR SCAN2FX SOFTWARE INFRINGES OR MISAPPROPRIATES ANY INTELLECTUAL PROPERTY RIGHTS OF SUCH THIRD PARTY IN THE UNITED STATES AND SHALL INDEMNIFY CUSTOMER FROM ANY AMOUNTS ASSESSED AGAINST CUSTOMER IN A RESULTING JUDGMENT OR AMOUNTS TO SETTLE SUCH CLAIMS, PROVIDED THAT CUSTOMER (I) GIVES SCAN2FX PROMPT WRITTEN NOTICE OF ANY SUCH CLAIM, (II) PERMITS SCAN2FX TO CONTROL AND DIRECT THE DEFENSE OR SETTLEMENT OF ANY SUCH CLAIM, AND (III) PROVIDES SCAN2FX ALL REASONABLE ASSISTANCE (AT SCAN2FX'S EXPENSE) IN CONNECTION WITH THE DEFENSE OR SETTLEMENT OF ANY SUCH CLAIM. Options. If the SCAN2FX Program or SCAN2FX Software are, or in SCAN2FX's opinion are likely to be, infringing or misappropriating third party Intellectual Property, SCAN2FX, at its expense and in its sole discretion, may: (i) procure the right to allow Customer to continue to use the SCAN2FX Program or SCAN2FX Software; or (ii) modify or replace the SCAN2FX Program or SCAN2FX Software or infringing portions thereof to become non-infringing. If neither (i) nor (ii) is commercially feasible, SCAN2FX shall have the right to terminate Customer's rights to use the affected portion of the SCAN2FX Program or SCAN2FX Software and refund any pre-paid Fees corresponding to such portion of SCAN2FX Program or SCAN2FX Software. Exclusions. Notwithstanding the foregoing, SCAN2FX shall have no obligations under this Section 6 to the extent any infringement claim is based upon or arising out of (i) any modification or alteration to the SCAN2FX Program or SCAN2FX Software not made by SCAN2FX, (ii) any combination or use of the SCAN2FX Programs or SCAN2FX Software with products or services not supplied by SCAN2FX or approved in writing by SCAN2FX in advance of such combination, (iii) Customer's continuance of allegedly infringing activity after being notified thereof, or after being informed of modifications that would have avoided the alleged infringement, (iv) SCAN2FX's compliance with the specifications or requirements of Customer, and/or (v) use of the SCAN2FX Program or SCAN2FX Software not in accordance with the applicable SCAN2FX documentation or the terms of this Agreement or the EULA. Customer shall indemnify, defend and hold harmless SCAN2FX from all damages, settlements, attorneys' fees and expenses related to claims of infringement or misappropriation excluded under this Section 6.3.
Sole Remedy. THE FOREGOING REMEDIES CONSTITUTE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES, AND SCAN2FX'S ENTIRE LIABILITY, WITH RESPECT TO INFRINGEMENT OR MISAPPROPRIATION OF THIRD PARTY INTELLECTUAL PROPERTY.
9. LIMITATION OF LIABILITY. EXCEPT WITH RESPECT TO A BREACH OF CONFIDENTIALITY OBLIGATIONS HEREUNDER, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES OR COSTS HOWSOEVER ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SCAN2FX UNDER THIS AGREEMENT (UNDER ANY THEORY OF LIABILITY) EXCEED FEES RECEIVED BY OR OWED TO SCAN2FX FROM CUSTOMER in the twelve (12) month period prior to the claim giving rise to liability REGARDLESS OF WHETHER SCAN2FX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE.
10. Proprietary Rights. Ownership. Except for the licenses expressly granted by SCAN2FX to Customer under this Agreement or a EULA, (i) SCAN2FX reserves all rights, title and interest in and to the SCAN2FX Programs and SCAN2FX Software and all Intellectual Property rights therein and (ii) no right, title, ownership, interest or license in or to the SCAN2FX Program or SCAN2FX Software or any Intellectual Property rights therein, whether by implication, estoppel or otherwise, is granted, assigned or transferred to Customer under or in connection with this Agreement. The SCAN2FX Software is licensed and not sold to Customer and its End Users. All rights not granted under this Agreement or pursuant to a EULA are expressly reserved by SCAN2FX. Use of Data and Feedback. Customer agrees that SCAN2FX may collect and use technical information and feedback received from Customer relating to the SCAN2FX Programs to support and improve its products and services. SCAN2FX may disclose this information to others in conformity with SCAN2FX's privacy policies, but not in a form that personally identifies Customer or any End Users. SCAN2FX shall have the right to collect and use data generated by and through Customer's and its End Users' access to and use of SCAN2FX Program and SCAN2FX Software and residing on SCAN2FX's servers in aggregate, non-personally identifiable form for any purpose. SCAN2FX may also contact Customer via email or phone for support, marketing, sales and other purposes.
11. Equitable Remedies. You hereby agree that SCAN2FX would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that SCAN2FX shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as SCAN2FX may otherwise have available to it under applicable laws.
12. Amendment, Alteration Or Modification. This License Agreement may be amended, altered or modified only by an instrument in writing specifying such amendment, alteration or modification, which is executed by both parties. In the event that any provision of this License Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this License Agreement shall remain in full force and effect.
13. Compliance with Laws; Export Control. Customer shall use the SCAN2FX Programs and SCAN2FX Software in compliance with all applicable laws, statutes, rules and regulations. Customer acknowledges that the SCAN2FX Programs, SCAN2FX Software or other technical information provided hereunder may be subject to United States or other governments' export laws, rules and regulations, and any use or transfer of that technical information or products made using such technical information must be permitted or authorized under those laws, rules or regulations.
14. Notice. Any and all notices or other information to be given by one of the parties to the other shall be deemed sufficiently given when forwarded by email to the other party. Such notices shall be deemed to have been received on the first business day following the day of receipt confirmation by SCAN2FX. The address of either party may be changed at any time by giving ten (10) business days prior written notice to the other party in accordance with the foregoing.
15. Publicity. During the term: (i) Customer consents to SCAN2FX's use of Customer's name and the general description of Customer's relationship with SCAN2FX in press releases and other marketing materials; and (ii) SCAN2FX may publicize the use of the SCAN2FX Programs by Customer by including Customer's name and logo in SCAN2FX's customer lists and on SCAN2FX's website.
16. Relationship of the Parties. Neither the making of this Agreement nor the performance of its provisions shall be construed to constitute either of the parties hereto an agent, employee, partner, joint venturer, or legal representative of the other.
17. Severability; Waiver. Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof, which shall continue in full force and effect. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
18. Assignment. SCAN2FX may re-assign all of its rights and obligations under this Agreement at any time. All terms and provisions of this Agreement are binding upon and inure to the benefit of the parties and their successors. End User may not re-assign its rights and obligations.
19. Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding rules governing conflict of law and choice of law. The federal and state courts within New York City, New York, USA, shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. Each party hereto expressly consents to the personal jurisdiction of, and venue in, such courts.
20. Force Majeure. Neither party will be deemed in default of this Agreement to the extent that performance of their obligations (other than payment) or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, act of government, shortages of materials or supplies or any other cause beyond the reasonable control of such party, provided that such party gives the other party prompt written notice thereof, and uses its best efforts to cure the delay.
21. Entire Agreement. This Agreement and the Exhibits attached hereto sets forth the entire agreement of the parties with respect to the subject matter contained herein, and no oral or written statement or representations not contained in this Agreement shall have any force or effect. This Agreement may be amended only upon the written consent of both parties. This Agreement supersedes any conflicting terms in any purchase order or acknowledgment, or in any license agreement included with or incorporated in the SCAN2FX Programs. This Agreement may be executed (by original or facsimile) by the parties in any number of counterparts, each of which shall be deemed one and the same agreement, and shall become effective when one or more counterparts have been signed by each party and delivered to the other party.
© Copyright 2017 SCAN2FX. All Rights Reserved. SCAN2FX, SCAN2FX Exporter, SCAN2FX Photo Projector, SCAN2FX Texture, and the SCAN2FX logo are trademarks of SCAN2FX.


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