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☰ EV Kit Software ✕
EV Kit Software
Security Lab Software
Software Version: 1.2.0
File Name: Security_Lab_Setup_V1.2.exe
Description: Security Lab Software, a connectivity utility for the web-based MAXAUTHDEMOs
Operating Systems Supported: Windows 7, 8, 10
Required Hardware: MAXAUTHDEMO1# (revisions Rev A); MAXAUTHDEMO2# (revisions Rev A)
Related Product Folder(s):
DS28E38
DS28C36
MAXAUTHDEMO
MAXIM INTEGRATED PRODUCTS, INC.
SOFTWARE LICENSE terms and conditions
The Software you have requested is provided pursuant to these Software License Terms and Conditions ("Agreement"). By selecting the AGREE button, you are entering into, agreeing to, and consenting to be bound by all of the terms of this Agreement, which is between you and Maxim Integrated Products, Inc. on behalf of itself and its affiliates and subsidiaries (collectively, "Maxim"). This Agreement is effective as of the date of your response (the "Effective Date"). You represent and warrant that you are at least eighteen (18) years of age if you are a resident of the United States, or the age of majority in the jurisdiction of your residence. If you are accepting these terms on behalf of your employer ("Company"), you represent and warrant that you have full authority to bind the Company to these terms. You and, if applicable, the Company may hereinafter be collectively referenced in this Agreement as the "Customer."
A. Maxim, among other things, develops, manufactures, and sells semiconductor products and offers software consisting of certain software development tools, operating systems, driver software, firmware, and example application code. The provided Software contains software or features representative or illustrative of those that can (only) be used with Maxim ICs and can (only) be used for development of software application programs to operate with Maxim ICs or products containing Maxim ICs.
B. Customer desires to license the Software from Maxim, under the terms and conditions of this Agreement.
C. This Agreement permits Customer to license the Software from Maxim or its distributors, representatives, or other partners who are duly authorized by Maxim to offer such licenses and sets forth the basic terms and conditions under which the Software will be delivered.
1.1. "Affiliate" means any entity under the Control of a party where "Control" means ownership of or the right to control greater than 50% of the voting securities of such entity.
1.2. "Customer Program" means a software program designed to operate with Maxim ICs and developed by Customer using the Software.
1.3. "Documentation" means all manuals, documentation, and other written materials that Maxim includes or otherwise provides as related to the Software or Maxim ICs, whether in printed or electronic form, including without limitation, customer reference and installation manuals, user's guides, and programmers guide.
1.4. "Executable Code" means software in a machine-readable and executable form which is not generally readable by humans without reverse assembly, reverse compiling, or reverse engineering, but which can be combined in an unmodified form with Source Code and which can be compiled to make a Customer Program.
1.5. "Maxim ICs" means integrated circuits that are separately purchased or obtained by Customer directly from Maxim or indirectly from Maxim's distributors, representatives, or other partners who are duly authorized by Maxim to sell such integrated circuits.
1.6. "Maxim-Enabled Products" means any product made by or for Customer that incorporates a Maxim IC.
1.7. "Maxim Proprietary Software" means the software provided by Maxim to Customer under and upon Customer's acceptance of this Agreement, all permitted copies, modifications, or derivative works thereof made by Customer, and all basic or related materials pertinent thereto, including without limitation any documentation provided, either in hardcopy form or electronic form. Maxim Proprietary Software excludes Open Source Software and Third Party Technology.
1.8. "Object Code" means software in machine-readable and executable form resulting from compilation or assembly of Source Code and that is not generally readable by humans without reverse assembly, reverse compiling, or reverse engineering.
1.9. "Open Source Software" means any open source, community, or other free software code or libraries of any type, including, without limitation, any code that (a) is made generally available for free or that meets the definition of "open source" or "free" as defined by the Open Source Initiative or Free Software Foundation or (b) is licensed under any license agreement approved by either such entity (such as, for example purposes only, the GNU GPL, GNU LGPL, Mozilla, or Apache license).
1.10. "Site(s)" means the Customer's and its Affiliate's premises.
1.11. "Software" means the Maxim Proprietary Software, any Third Party Technology, and any Open Source Software delivered to Customer under the terms of this Agreement. Unless otherwise noted, the Software and Documentation are referred to collectively herein as "Software".
1.12. "Source Code" means software in human-readable, high-level language form, which can be compiled or assembled into Object Code, machine code, or another executable form of code.
1.13. "Third Party Technology" means any software, feature or functionality that requires a license grant and/or payments by Customer to third parties for commercial activities related to Customer Programs and/or Maxim-Enabled Products.
Software Licenses. The Maxim Proprietary Software is licensed to Customer under the license grant set forth in Section 3 (Maxim Proprietary Software License Grant) below. Any Open Source Software delivered to Customer is licensed to Customer under the license specified in such Open Source Software and as further restricted by Section 4. For purposes of clarity, the provisions of this Agreement applying to Source Code shall only apply if Source Code is being provided to Customer.
Maxim Proprietary Software License Grant.
License Grant to Maxim Proprietary Software. Subject to the terms of this Agreement, Maxim hereby grants to Customer during the Term a personal, non-exclusive, non-transferable, non-assignable, non-sublicensable (except as expressly granted herein) license to do the following:
a. use Object Code versions of Maxim Proprietary Software, internally and only at the Site(s) for the sole purpose of creating Customer Programs;
b. load, install, run, execute, test, and debug Object Code versions of Maxim Proprietary Software, as incorporated within a Customer Program, in a Maxim-Enabled Product internally and only at the Site(s) and only for the purpose of enabling Maxim ICs in the Maxim-Enabled Product;
c. grant a personal, non-exclusive, non-transferable, non-assignable, non-sublicensable sublicense to third parties: (i) to install, run, load, and execute Object Code versions of Maxim Proprietary Software, as incorporated within a Customer Program, on Maxim-Enabled Products, and (ii) to distribute Object Code versions of Maxim Proprietary Software, as incorporated within a Customer Program, embedded in a Maxim-Enabled Product to such third parties solely for the purpose of and only to the extent needed to carry out such sublicense. The sublicense will subject the third party to the restrictions and obligations of Sections 3.4 (License Restrictions on Maxim Proprietary Software) and 14 (Confidential Information) as if the third party were in the place of Customer. Customer will be fully responsible for the compliance with and liable for the breach of the sublicense by the third party. Upon becoming aware of any breach or suspected breach of the sublicense by the third party, Customer will promptly report such breach or suspected breach to Maxim; and
d. use unmodified versions of Executable Code of Maxim Proprietary Software, to incorporate such Executable Code within Customer Programs, and to create an Object Code version of Customer Programs.
In all cases, the rights granted herein shall be exercised in accordance with (i) the Documentation, and (ii) this Agreement.
3.2. Source Code License. To the extent that the Maxim Proprietary Software includes any Source Code, subject to the terms and conditions of this Agreement, Maxim grants to Customer a non-sublicensable (except as expressly granted herein), non-exclusive, non-transferable, non-assignable license during the Term to use, modify, and compile the Source Code internally and only at the Site(s) solely to the extent necessary to support the development of a Customer Program as permitted under Section 3.1 (License Grant to Maxim Proprietary Software) above. Customer will keep track of all Customer employees who have had access to Source Code versions of Maxim Proprietary Software, and will provide a list of such employees to Maxim upon request during any Audits under Section 15.7.
3.3. Copies. Except for purposes of exercising the license granted in this Section 3 (Maxim Proprietary Software License Grant) and for back-up purposes, Customer may not copy the Maxim Proprietary Software. Customer agrees to reproduce and include Maxim's copyright notice on any copies of the Maxim Proprietary Software, which copies it makes in any form, including partial copies of the Maxim Proprietary Software.
3.4. License Restrictions on Maxim Proprietary Software. Except for the rights expressly granted in this Section 3, Maxim grants no rights in the Maxim Proprietary Software to Customer, whether by implication, estoppel, or otherwise. Subject to the rights expressly granted in this Section 3, Customer shall not and shall not encourage, allow, or facilitate any third party to:
modify, translate, adapt, reverse engineer, decompile, disassemble, or otherwise translate or create derivative works based on the Maxim Proprietary Software, except solely to the extent (i) expressly permitted in Section 3.1 (License Grant to Maxim Proprietary Software) above or (ii) by applicable law and then only with advance written notice of such activity to Maxim;
review, analyze, or evaluate Maxim Proprietary Software for the purpose of determining the infringement, validity, or enforceability of any intellectual property, or compare Maxim Proprietary Software to intellectual property in any way;
examine, review, evaluate, or otherwise use the Maxim Proprietary Software for the purpose of developing or enabling a product or technology that competes with Maxim;
rent, lease, or sublicense the Maxim Proprietary Software to a third party, except as expressly permitted in Section 3.1 (License Grant to Maxim Proprietary Software);
remove any product identification, proprietary, copyright or other notices contained in the Maxim Proprietary Software;
disclose or distribute to any third party (i) benchmarks or other comparisons relating to the Maxim Proprietary Software or (ii) any information (A) relating to the results of Customer's evaluation of the Maxim Proprietary Software (including relating to performance, function, or deficiencies of the Maxim Proprietary Software) or (B) contained in any documentation, report, or questionnaire of Maxim that constitutes Maxim Confidential Information; or
distribute or sell the Maxim Proprietary Software in standalone form or in any manner other than as permitted under Section 3.1 (License Grant to Maxim Proprietary Software) above.
3.5. Authorized Users. Customer's consultants and contractors, who are not direct competitors of Maxim and who are under written agreements to provide services to Customer ("Authorized Users"), may use the Maxim Proprietary Software in accordance with the licenses granted to Customer under this Agreement, provided that:
such Authorized Users agree to be bound by terms as protective of Maxim and Maxim Confidential Information as the terms set forth in this Agreement,
Customer shall remain responsible for the Authorized User's compliance with such confidentiality terms and the applicable terms of this Agreement,
if Source Code is licensed under Section 3.2 (Source Code License), Customer keeps track of all Authorized Users who have had access to Source Code, and provides a list of such Authorized Users in association with an audit under Section 15.7; and
each Authorized User's use of the Maxim Proprietary Software is only for Customer's benefit in accordance with this Agreement.
3.6. No Right to Manufacture. Customer acknowledges and agrees that the license to the Maxim Proprietary Software granted in Section 3.1 (License Grant to Maxim Proprietary Software) does not include any license to any of Maxim's other technology or intellectual property and that, consequently, it shall not have the right under this Agreement to develop, manufacture, or have manufactured any integrated circuits that incorporate any Maxim technology, and that Customer is required to separately purchase or obtain Maxim ICs from Maxim or a Maxim certified distributor.
3.7. Form of Delivery. Maxim will provide the Software licensed hereunder to Customer by electronic medium or other form as mutually agreed upon, in the condition as it exists on the Effective Date or date of delivery, if different, without special reformatting.
3.6. Use of Software in Critical Applications. Software provided by Maxim are not designed, intended or authorized for use in life support, life sustaining, nuclear, or other applications, including, but not limited to, transportation operating systems, safety, or any FDA Class 3 medical devices or medical devices with a similar or equivalent classification in a foreign jurisdiction, in which the failure of such Software could reasonably be expected to result in personal injury, loss of life or severe property or environmental damage. Customer acknowledges that use of the Software in such product applications is understood to be fully at the risk of Customer and that Customer is responsible for verification and validation of the suitability of the Software in such application. Customer agrees that Maxim is not liable, in whole or in part, for any claim or damage arising from use in such applications. Customer agrees to indemnify, defend and hold Maxim harmless from and against any and all claims, damages losses, costs, expenses and liabilities arising out of or in connection with such use.
Open Source Licenses. Customer understands and acknowledges that Open Source Software may be delivered pursuant to this Agreement and subject to an Open Source Software license, that each Open Source Software license is a separate agreement between Customer and the copyright holder of such Open Source Software and that Maxim is not a party to any such Open Source Software license. The terms and conditions governing Customer's use of the Open Source Software are set forth in the license agreement indicated in the Open Source Software and not in this Agreement. Customer's use of all Open Source Software must comply with the terms of each applicable Open Source Software license. This Agreement does not limit Customer's rights under, or grant Customer rights that supersede, the license terms of any particular Open Source Software license.
Third Party Technology. Customer acknowledges and agrees that Customer Programs and Maxim-Enabled Products, as well as any products based on Maxim Proprietary Software or other Maxim technology, may require certain licenses from certain standards bodies and/or other third parties holding intellectual property rights ("IPR") that may cover one or more of aforementioned items. Customer acknowledges and agrees that Maxim is not granting a sublicense to IPR of Third Party Technology, and Customer is solely responsible for procuring such license in connection with any use of such Third Party Technology.
6. Representations and Warranties of Customer.
6.1. General. Customer represents and warrants that:
a. Customer's business and its performance under this Agreement are in compliance with all applicable federal, state and local laws and government rules and regulations;
b. None of the Customer Programs, Maxim-Enabled Products, or any portion thereof, excluding any Maxim Proprietary Software contained therein, constitutes or may give rise to a claim of infringement of any patent, copyright, trade secret or other intellectual property right of a third party anywhere in the world; and
c. No portion of any Customer Program (including any libraries), or any Maxim-Enabled Product, contains or will contain any "viral" Open Source Software, or any other software or code which could compromise or interfere in any way with Maxim's rights, including IPR, in or to the Maxim Proprietary Software or other Maxim materials that may come into contact with such Customer Programs or Maxim-Enabled Products, or require Maxim or Customer to disclose any Source Code to any such Maxim Proprietary Software integrated in or distributed with any Customer Program or Maxim-Enabled Product.
6.2. Maxim Proprietary Software. Customer on behalf of itself and its Affiliates hereby covenants not to bring suit or otherwise assert any intellectual property right against Maxim or any user, distributor, or manufacturer of the Maxim Proprietary Software for the manufacture, use, import, offer for sale, or sale of any products or services based on the Maxim Proprietary Software.
7. Ownership. Notwithstanding anything to the contrary contained herein and except for the limited license rights expressly provided herein, Maxim and its suppliers have and will retain all rights, title, and interest in and to the Maxim Proprietary Software (including, without limitation, all patent, copyright, trademark, trade secret, and other intellectual property rights) and all copies, modifications, and derivative works thereof. Customer shall retain all rights, title, and interest in or to any modifications, improvements, or enhancements to the Maxim Proprietary Software as permitted under the Source Code License in Section 3.2. Customer acknowledges that it is obtaining only a limited license right to the Maxim Proprietary Software and that irrespective of any use of the words "purchase", "sale," or like terms hereunder, no ownership rights are being conveyed to Customer under this Agreement or otherwise. For the avoidance of doubt, as between Maxim and Customer, Customer shall have and retain all rights, title, and interest in and to any Customer Programs except to the extent that any Software is incorporated therein.
8.1. Term. This Agreement is effective as of the Effective Date, will continue for five (5) years (the "License Term"), and expire when the License Term has elapsed, unless earlier terminated in accordance with this Section (the "Term").
8.2. Termination. This Agreement (and all licenses and sublicenses granted hereunder) shall terminate on the earlier of:
a. immediately upon Customer's material breach of any term of this Agreement,
b. Maxim's notice of termination, which may be for any reason, to Customer;
c. the date upon which Customer discontinues the development, sale or distribution of Customer Programs or Maxim-Enabled Products;
d. the date that Customer becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver, becomes subject to any proceeding under any bankruptcy or insolvency law whether domestic or foreign, voluntary or involuntary; or
e. Expiration of the Term pursuant to Section 8.1 (Term).
Upon expiration or termination of this Agreement or upon written request from Maxim, Customer shall certify to Maxim in writing that Customer has returned (or, with the consent of Maxim, destroyed) all copies of the Maxim Proprietary Software and any other material provided by Maxim (excluding Open Source Software).
8.3. Survival. Sections 3.3 (Copies), 3.4 (License Restrictions on Maxim Proprietary Software), 3.6 (No Right to Manufacture), 3.8 (Use of Software in Critical Applications), 4 (Open Source Licenses), 5 (Third Party Technology), 6 (Representations and Warranties of Customer), 7 (Ownership), 8 (Term and Termination), 9 (Warranty Disclaimer), 11 (Taxes), 12 (Limitation of Remedies and Damages), 13 (Indemnification by Customer), 14 (Confidential Information), and 15 (General) shall survive any termination or expiration of this Agreement.
8.4. Limited Survival of License. Notwithstanding anything contained herein, unless this Agreement is terminated pursuant to Sections 8.2.a or 8.2.d, Customer shall, after termination or expiration of this Agreement, retain a limited license to the Maxim Proprietary Software, to use any Maxim-provided Source Code and Object Code versions of Maxim Proprietary Software internally and only at the Site(s) for the sole purpose of maintaining or supporting a Maxim-Enabled Product that was shipped in conjunction with an Object Code version of a Customer Program during the Term of this Agreement .
9. Warranty Disclaimer. TO THE EXTENT PERMITTED BY LAW, THE SOFTWARE AND ALL SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS." NEITHER MAXIM NOR ITS SUPPLIERS MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE LIMITED WARRANTY PERIOD.
Support & Maintenance. The Software is provided to Customer without any maintenance or support services. Ongoing maintenance and customer support for Customer's software that is based upon or includes portions of the Maxim Proprietary Software is the responsibility of the Customer. Maxim may provide to Customer, in Maxim's sole discretion, updates to the Software from time to time. Upon delivery, such updates to the Software are subject to the terms and conditions herein.
Taxes. Customer agrees to pay any sales, value-added, withholding or other similar taxes and assessments imposed by applicable law that Maxim is required to pay based on the licenses Customer ordered, except for taxes based on Maxim's income.
12. Limitation of Remedies and Damages.
12.1. NEITHER PARTY IS LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
12.2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, MAXIM'S AND ITS LICENSORS' AND SUPPLIERS' ENTIRE CUMULATIVE LIABILITY UNDER THIS AGREEMENT TO CUSTOMER SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER.
12.3. THIS SECTION 12 DOES NOT APPLY TO CUSTOMER WITH RESPECT TO ANY CLAIM ARISING UNDER SECTION 3 (MAXIM PROPRIETARY SOFTWARE LICENSE GRANT), SECTION 6 (REPRESENTATIONS AND WARRANTIES OF CUSTOMER), SECTION 13 (INDEMNIFICATION BY CUSTOMER) OR SECTION 14 (CONFIDENTIAL INFORMATION).
12.4. The parties agree that the limitations specified in this Section 12 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
13. Indemnification by Customer. Customer shall indemnify, defend, and hold Maxim and its Affiliates harmless from any and all claims, liabilities, damages, expenses (including reasonable attorney's fees and court, arbitration, and mediation costs), or associated proceedings ("Claims") in connection with, relating to, or which result from:
a. any allegation of infringement of a third party's intellectual property rights with respect to any Customer Program or Maxim-Enabled Product, but excluding any such claim in either case to the extent based on the Software on a stand-alone basis,
b. the sale, marketing, distribution, or manufacture of any Maxim-Enabled Product, but excluding any such claim to the extent based on the Software on a stand-alone basis, or
c. Customer's breach of any provisions of Section 6 (Representations and Warranties of Customer).
Maxim shall give Customer prompt notice in writing of any such Claims and the authority, information, and reasonable assistance (at Customer's expense) necessary to defend and settle such Claims, except that Maxim's failure to provide prompt notice will not relieve Customer of its indemnity obligations under this Section unless such failure materially prejudices the defense of the Claim, and Customer will not enter into a settlement of the Claim without Maxim's prior written consent. If Customer does not diligently pursue resolution of the Claim or provide Maxim with reasonable assurance that it will diligently pursue resolution, then Maxim may, without in any way limiting its other rights or remedies, defend or settle the Claim. Nothing herein shall limit or restrict Maxim's, its Affiliates', or its suppliers' rights to defend and protect their ownership and intellectual property rights in and to the Maxim Proprietary Software, in whole or in part, in connection with any Claim. Each party agrees to provide reasonable cooperation to the other party in the defense or settlement of any such Claims, upon the reasonable request of the other party.
14. Confidential Information. Each party agrees that all code, inventions, know-how, business, technical and financial information it ("Receiving Party") obtains from the disclosing party ("Disclosing Party") constitute the confidential property of the Disclosing Party ("Confidential Information"), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be Confidential Information due to the nature of the information disclosed and the circumstances surrounding the disclosure. Any software, documentation, or technical information provided by Maxim (or its agents)(excluding Open Source Software), performance information relating to the Maxim Proprietary Software, and the terms of this Agreement are deemed Confidential Information of Maxim without any marking or further designation. Except as expressly authorized herein, the Receiving Party will hold in confidence and not use or disclose any Confidential Information. The Receiving Party's nondisclosure obligation does not apply to information that the Receiving Party can document:
a. was rightfully in its possession or known to it without the breach of any confidentiality obligations prior to receipt of the Confidential Information;
b. is or has become public knowledge through no fault of the Receiving Party;
c. is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation;
d. is independently developed by employees of the Receiving Party who had no access to such information; or
e. is required to be disclosed pursuant to a regulation, law, or court order (but only to the minimum extent required to comply with such regulation or order and with advance written notice to the Disclosing Party).
15.1. Assignment and Delegation. Customer may not assign its rights or delegate its obligations ("Assign" or "Assignment") under this Agreement without the prior written consent of Maxim, and any purported Assignment without such consent shall have no force or effect. In the event, Customer desires to Assign this Agreement to a successor in interest by merger or acquisition of its entire business, Customer shall obtain Maxim's prior written approval, which shall be rendered by Maxim in its sole discretion. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the respective parties hereto and their permitted successors and assigns. In the event of an Assignment or attempted Assignment by Customer without Maxim's prior written approval, Maxim may, in its sole discretion, immediately terminate this Agreement.
15.2. Severability. If any provision of this Agreement is adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision is limited to the minimum extent necessary so that this Agreement shall otherwise remain in effect.
15.3. Governing Law; Jurisdiction and Venue. This Agreement is governed by the laws of the State of California and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. The parties agree to submit any claim or actions arising from and/or related to this Agreement to the exclusive jurisdiction and venue of the Superior Court of California, Santa Clara County or the United States District Court for the Northern District of California, San Jose Branch and agree to waive any right to assert the defense of forum non conveniens or to object to such venue in any such proceeding.
15.4. Notices and Reports. Any notice or report to Maxim hereunder shall be in writing to the following notice address:
Attn: General Counsel
Any notice or report shall be deemed given:
a. upon receipt if by personal delivery;
b. upon receipt if sent by certified or registered mail (return receipt requested); or
c. one day after it is sent if by next day delivery by a major commercial delivery service.
15.5. Amendments; Waivers. No supplement, modification, or amendment of this Agreement is binding, unless executed in writing by a duly authorized representative of each party to this Agreement. No waiver will be implied from conduct or failure to enforce or exercise rights under this Agreement, nor will any waiver be effective unless in a writing signed by a duly authorized representative on behalf of the party claimed to have waived. No provision of any purchase order or other business form employed by Customer will supersede the terms and conditions of this Agreement, and any such document relating to this Agreement is for administrative purposes only and shall have no legal effect.
15.6. Entire Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement.
15.7. Audit Rights. Upon Maxim's written request, Customer shall certify in a signed writing that Customer's use of the Software is in full compliance with the terms of this Agreement (including any copy and user limitations). With prior reasonable notice, Maxim may audit the copies of the Software in use by Customer provided such audit is during regular business hours; Customer is responsible for such audit costs only in the event the audit reveals that Customer's use is not in accordance with the applicable license(s).
15.8. Independent Contractors. The parties to this Agreement are independent contractors. There is no relationship of partnership, joint venture, employment, franchise, or agency created hereby between the parties. Neither party will have the power to bind the other or incur obligations on the other party's behalf without the other party's prior written consent.
15.9. Force Majeure. Neither party is liable to the other for any delay or failure to perform any obligation under this Agreement if the delay or failure is due to events that are beyond the reasonable control of such party, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power, telecommunications, data networks or services, or refusal of approval or license by a government agency.
15.10. Government End-Users. If the user or licensee of the Software is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of this Software, or any related documentation of any kind, including technical data and manuals, is restricted by a license agreement or by the terms of this Agreement in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes.
15.11. Export Compliance. Customer acknowledges that the Software is subject to export restrictions by the United States government and import restrictions by certain foreign governments. Customer shall not and shall not allow any third-party to remove or export from the United States or allow the export or re-export of any part of the Software or any direct product thereof:
a. into (or to a national or resident of) any embargoed or terrorist-supporting country;
b. to anyone on the U.S. Commerce Department's Table of Denial Orders or U.S. Treasury Department's list of Specially Designated Nationals;
c. to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or
d. otherwise in violation of any export or import restrictions, laws, or regulations of any United States or foreign agency or authority. Customer agrees to the foregoing and warrants that it is not located in, under the control of, or a national or resident of any such prohibited country or on any such prohibited party list. The Software is further restricted from being used for the design or development of nuclear, chemical, or biological weapons or missile technology, or for terrorist activity, without the prior permission of the United States government.
15.12. Injunctive Relief. Customer understands and agrees that, notwithstanding any other provision of this Agreement, breach of the provisions of this Agreement by Customer will cause Maxim irreparable damage for which recovery of money damages would be inadequate, and that Maxim shall therefore be entitled to obtain timely equitable relief, including but not limited to injunctive relief, to protect Maxim's rights under this Agreement in addition to any and all remedies available at law.
Maxim Software License Ver 02; August 3, 2020
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'); }, error: function(jqXHR, exception) { $("#spinner").hide(); $('#submit').removeClass( 'disabled' ); // infomsg div below for debugging. delete for production //$('#infomsg').html('
AJAX Request Failed
textStatus='+textStatus+'
errorThrown='+errorThrown+'
'); if (jqXHR.status === 0) { digitalErrorFunction("Not connect. Verify Network."); alert("Not connect. Verify Network."); } else if (jqXHR.status == 404) { digitalErrorFunction("Requested page not found. [404]"); alert("Requested page not found. [404]"); } else if (jqXHR.status == 500) { digitalErrorFunction("Internal Server Error [500]."); alert("Internal Server Error [500]."); } else if (exception === 'parsererror') { digitalErrorFunction("Requested JSON parse failed."); alert("Requested JSON parse failed."); } else if (exception === 'timeout') { digitalErrorFunction("Time out error."); alert("Time out error."); } else if (exception === 'abort') { digitalErrorFunction("Ajax request aborted."); alert("Ajax request aborted."); } else { digitalErrorFunction("Uncaught Error: " + jqXHR.responseText); alert("Uncaught Error: " + jqXHR.responseText); } } }); } }); // end form validation $("#formRestricted").validate({ submitHandler: function() { $("#spinner").show(); $("#submitRestricted").addClass( "disabled" ); var postData = $('form#formRestricted').serializeArray(); var postData2 = $('form#form').serializeArray(); for(var i =0 ; i< postData2.length; i++) { postData.push(postData2[i]); } //alert(JSON.stringify(postData)); //alert(JSON.stringify(postData2)); $.ajax( { url : '/bin/RequestQuoteServlet', type: "POST", data : postData, contentType: "application/x-www-form-urlencoded", success:function(data) { //alert(data.status); if (data.status) { $('#formRestricted').slideUp(); $('#submitRestricted').removeClass( 'disabled' ); $('#submit').removeClass( 'disabled' ); $('#quoteRequestSubmitted').slideDown(); $("#spinner").hide(); $("#isRestrictedPart").val("false"); $('#formRestricted').reset(); if (isEmpty(CQ_Analytics.PersonalInfoStoreMgr.getProperty("company")) || isEmpty(CQ_Analytics.PersonalInfoStoreMgr.getProperty("city")) || isEmpty(CQ_Analytics.PersonalInfoStoreMgr.getProperty("state"))) { if(typeof personalInfoLink != "undefined" && typeof personalInfoLink.url != "undefined") CQ_Analytics.PersonalInfoStoreMgr.init(personalInfoLink.url, navBarProfileCallback); } } else { $("#spinner").hide(); digitalErrorFunction(data.error); bootbox.alert(data.error); $('#submitRestricted').removeClass( 'disabled' ); $('#submit').removeClass( 'disabled' ); } // infomsg div below for debugging. delete for production // $('#infomsg').html('
'); }, error: function(jqXHR, exception) { $('#submitRestricted').removeClass( 'disabled' ); $("#spinner").hide(); // infomsg div below for debugging. delete for production //$('#infomsg').html('
'); if (jqXHR.status === 0) { digitalErrorFunction("Not connect. Verify Network."); alert("Not connect. Verify Network."); } else if (jqXHR.status == 404) { digitalErrorFunction("Requested page not found. [404]"); alert("Requested page not found. [404]"); } else if (jqXHR.status == 500) { digitalErrorFunction("Internal Server Error [500]."); alert("Internal Server Error [500]."); } else if (exception === 'parsererror') { digitalErrorFunction("Requested JSON parse failed."); alert("Requested JSON parse failed."); } else if (exception === 'timeout') { digitalErrorFunction("Time out error."); alert("Time out error."); } else if (exception === 'abort') { digitalErrorFunction("Ajax request aborted."); alert("Ajax request aborted."); } else { digitalErrorFunction("Uncaught Error: " + jqXHR.responseText); alert("Uncaught Error: " + jqXHR.responseText); } } }); } }); // end form validation }); // end document ready $(".partListClose").click(function() { $("#partList"+$(this).data("list-id")).remove(); });
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text:
Der Premiolino ist eine italienische Auszeichnung für Journalisten.

Der Premiolino wurde 1960 gegründet und gilt als der renommierteste italienische Journalistenpreis. Es wird jährlich an sechs Journalisten von Printmedien und Fernsehen für ihre beruflichen Leistungen und ihre Beiträge verliehen.

Weblinks
 Website des Premiolino

Journalismuspreis
Italienische Auszeichnung
Fernsehpreis (Italien)
Erstverleihung 1960

redpajama_set_name: RedPajamaWikipedia


text:
package org.apache.causeway.incubator.viewer.vaadin.ui.components.action;

import java.util.function.Predicate;
import java.util.stream.Stream;

import com.vaadin.flow.component.Component;
import com.vaadin.flow.component.button.Button;
import com.vaadin.flow.component.button.ButtonVariant;
import com.vaadin.flow.component.dependency.CssImport;
import com.vaadin.flow.component.dialog.Dialog;
import com.vaadin.flow.component.html.Div;
import com.vaadin.flow.component.html.Footer;
import com.vaadin.flow.component.html.H2;
import com.vaadin.flow.component.html.Header;
import com.vaadin.flow.component.icon.VaadinIcon;
import com.vaadin.flow.theme.lumo.Lumo;

import org.apache.causeway.commons.collections.Can;
import org.apache.causeway.core.metamodel.interactions.managed.ManagedAction;
import org.apache.causeway.core.metamodel.interactions.managed.ParameterNegotiationModel;
import org.apache.causeway.core.metamodel.object.ManagedObject;
import org.apache.causeway.incubator.viewer.vaadin.ui.components.UiComponentFactoryVaa;

import lombok.NonNull;
import lombok.RequiredArgsConstructor;
import lombok.val;

@CssImport(value = "./css/dialog-overlay.css", themeFor = "vaadin-dialog-overlay")
@CssImport("./css/action-dialog.css")
public class ActionDialog extends Dialog {

    private static final long serialVersionUID = 1L;

    public static ActionDialog forManagedAction(
            final @NonNull UiComponentFactoryVaa uiComponentFactory,
            final @NonNull ManagedAction managedAction,
            final @NonNull Predicate<Can<ManagedObject>> submitCallback) {

        val actionDialog = new ActionDialog(uiComponentFactory, managedAction, submitCallback);
        return actionDialog;
    }

    protected ActionDialog(
            final UiComponentFactoryVaa uiComponentFactory,
            final ManagedAction managedAction,
            final Predicate<Can<ManagedObject>> submitCallback) {

        setDraggable(true);
        setModal(false);
        setResizable(true);

        // Dialog Theme

        getElement().getThemeList().add("action-dialog");
        setWidth("600px");
        setHeight("auto");

        // Content

        val actionForm = ActionForm.forManagedAction(uiComponentFactory, managedAction);
        val content = new Div(actionForm);
        content.addClassName("dialog-content");

        // Footer

        val footer = footer(managedAction, actionForm.getPendingArgs(), submitCallback);

        // Header

        val hidableComponents = Can.of(content, footer);
        val header = header(managedAction, hidableComponents);

        // Add to Layout

        add(header, content, footer);
    }

    // -- HELPER

    private Component header(final ManagedAction managedAction, final Can<Component> hidableComponents) {

        val resizeHandler = DialogResizeHandler.of(this, hidableComponents);

        val title = new H2(managedAction.getFriendlyName());
        title.addClassName("dialog-title");

        val minButton = new Button(VaadinIcon.ANGLE_DOWN.create());
        val maxButton = new Button(VaadinIcon.EXPAND_SQUARE.create());
        val closeButton = new Button(VaadinIcon.CLOSE_SMALL.create());

        val header = new Header(title, minButton, maxButton, closeButton);
        header.getElement().getThemeList().add(Lumo.DARK);

        // Button Themes
        Stream.of(minButton, maxButton, closeButton)
        .forEach(button->
            button.addThemeVariants(ButtonVariant.LUMO_CONTRAST, ButtonVariant.LUMO_TERTIARY));

        // Button Events
        resizeHandler.bindMinimise(minButton);
        resizeHandler.bindMaximise(maxButton);
        closeButton.addClickListener(event -> close());

        return header;
    }

    private Component footer(
            final ManagedAction managedAction,
            final ParameterNegotiationModel pendingArgs,
            final Predicate<Can<ManagedObject>> submitCallback) {

        val okButton = new Button("Ok");
        val cancelButton = new Button("Cancel");
        val footer = new Footer(okButton, cancelButton);

        // Button Themes
        okButton.addThemeVariants(ButtonVariant.LUMO_PRIMARY);
        cancelButton.addThemeVariants(ButtonVariant.LUMO_TERTIARY);

        // Button Events
        okButton.addClickListener(event -> {
            //invoke the action and route to the result page
            if(submitCallback.test(pendingArgs.getParamValues())) {
                close();
            } else {
                //TODO handle validation feedback (vetos)
            }
        });
        cancelButton.addClickListener(event -> close());

        return footer;
    }

    // -- RESIZING

    @RequiredArgsConstructor(staticName = "of")
    private static class DialogResizeHandler {

        private static final String DOCK = "dock";
        private static final String FULLSCREEN = "fullscreen";

        private boolean isDocked = false;
        private boolean isFullScreen = false;

        private final Dialog dialog;
        private final Can<Component> hidableComponents;

        private Button minButton;
        private Button maxButton;

        public void bindMinimise(final Button minButton) {
            this.minButton = minButton;
            minButton.addClickListener(event -> minimise());
        }

        public void bindMaximise(final Button maxButton) {
            this.maxButton = maxButton;
            maxButton.addClickListener(event -> maximise());
        }

        private void initialSize() {
            minButton.setIcon(VaadinIcon.ANGLE_DOWN.create());
            dialog.getElement().getThemeList().remove(DOCK);
            maxButton.setIcon(VaadinIcon.EXPAND_SQUARE.create());
            dialog.getElement().getThemeList().remove(FULLSCREEN);
            dialog.setWidth("600px");
            dialog.setHeight("auto");
        }

        private void minimise() {
            if (isDocked) {
                initialSize();
            } else {
                if (isFullScreen) {
                    initialSize();
                }
                minButton.setIcon(VaadinIcon.ANGLE_UP.create());
                dialog.getElement().getThemeList().add(DOCK);
                dialog.setWidth("320px");
            }
            isDocked = !isDocked;
            isFullScreen = false;
            hidableComponents.forEach(comp->comp.setVisible(!isDocked));
        }

        private void maximise() {
            if (isFullScreen) {
                initialSize();
            } else {
                if (isDocked) {
                    initialSize();
                }
                maxButton.setIcon(VaadinIcon.COMPRESS_SQUARE.create());
                dialog.getElement().getThemeList().add(FULLSCREEN);
                dialog.setSizeFull();
                hidableComponents.forEach(comp->comp.setVisible(true));
            }
            isFullScreen = !isFullScreen;
            isDocked = false;
        }

    }

}

redpajama_set_name: RedPajamaGithub


text:
About us Hard Bounce Partner Affiliate program Newsletter
Encyclopedia:
What does Hard Bounce mean ? The term Hard Bounce is used to describe an e-mail that cannot be delivered. The sender then usually receives an error message. This problem particularly affects newsletters that do not properly maintain and update the e-mail addresses of their target audience. However, technical...
What is a Hardware Security Module? Hardware Security Module means hardware security module and is also known under the abbreviation HSM. It is a so-called peripheral device that is used in the environment of a computer, for example, to secure its data exchange. The HMS can be used in...
Hash function
What is a hash function? A hash function is a mapping that breaks down a larger input set into smaller target sets, which in turn reference the original input set. Using hashing, the individual elements from the input set are first mapped to a key and then to the...
Hash value
Data security and the speed at which data is processed are central aspects of IT. Hash values play an important role in both data security and processing speed. What is a hash value? A hash value is a unique alphanumeric value with a fixed length that is calculated with...
What is a Hashtag? The term Hashtag is a compound of a word/word combination and a preceding hash. Through the use of Hashtags, postings on social networks, such as Twitter, can be listed or searched for specific terms. What makes Hashtags so popular on the World Wide Web is...
What is Header Bidding? The Header Bidding is a code snippet that is built into the non-visible part of a web presence. As soon as the page is called, this code is executed. This happens while the web page is being built and even before the ad tags are...
What does high availability mean? According to the official definition of the Institute of Electrical and Electronics Engineers (IEEE), high availability means that IT resources can be accessed even if individual system components fail. For this purpose, data is continuously copied to a backup server and can be accessed...
Honeypot
A Honeypot is designed to trick hackers and malware into attacking a false target, providing information about the attackers and their method. The sweet honey pot can distract the eye from the real targets. The seductive lure attracts a target audience (Honeypot as a tourist destination) or lures criminals...
What is HootSuite? A platform for managing and administering various social media accounts, such as Facebook, Instagram and Twitter. The tool aims to make it easier for users to implement social media marketing strategies across multiple platforms simultaneously. What are the advantages of the tool? The management tool allows...
Hosts-Datei
Description A hosts-Datei is a computer file (operating system file) that maps host names to IP addresses. It is a plain text file. Originally, a file called hosts.txt was manually maintained and provided by the Stanford Research Institute to the Arpanet membership via file share. It contained the hostnames...
Hot Linking
What does Hot Linking mean ? Hot Linking (also referred to as "inline linking, piggy backing, leeching) is the use of a linked object, often an image, on one page by a web page belonging to a second page. One page is supposed to have a Hot Linking to...
HSTS (HTTP Strict Transport Security)
What does HSTS (HTTP Strict Transport Security) mean? It is still common on the Internet to use encrypted and unencrypted connections via the Hypertext Transport Protocol (HTTP). HSTS can enforce the use of the encrypted connection. However, it provides other security mechanisms as well. What does it protect against...
What does htaccess mean ? htaccess or a htaccessfile is a configuration file for web servers, such as the Apache web server. With this file you can influence the configuration of the web server without necessarily having direct access to the main configuration file of the server. Since the...
HTTP-Accept-Language-Header
What is HTTP-Accept-Language-Header? Headers are so-called key-value pairs in the HTTP area. These are sent during a request by the Client or the server. The metadata or connection parameters contained therein provide information about the resource (this is also referred to as body or entity ), which follow the...
Human Computer Interaction (HCI)
What is Human Computer Interaction (HCI)? In recent years, computer-human interaction has become a central area of computer science. This Human-Computer Inter action (HCI) explores the use and design of computer technologies, targeting the interface between humans and computers. "The meaningful, human-centered design of the now ubiquitous novel operating...
Human Solution Design
The term Human Solutions Design refers to a design and management framework that places people at the center of product development. It is therefore sometimes also referred to as Human Centered Design. It is about getting to know the user, customer, guest, client, etc. and understanding their needs. This...
In principle, there are three different approaches to the development of modern Apps, namely: native App development hybrid App development Development of Web-Apps A hybrid App is a combination of the other two types. Hybrid Apps at a glance In order to understand what a hybrid App even is,...

redpajama_set_name: RedPajamaCommonCrawl


Italian F1 sports brand Caracalla 1947 has unveiled its new Carbonio Nero collection of luxury leather accessories. The brand pays homage to many of the greatest racing marquees, colours, drivers and individual cars that the world has ever seen, and the numbers that left their mark in motor sport history.
The Carbonic collection takes its inspiration from the uber cool styling and lightweight strength of the carbon fiber now being used in modern motor sport, staying true to the brand's heritage.
The pieces come in classic black with a choice of yellow, red or orange stitching and each piece is hand crafted in Italy utilising the best materials and craftsmen of the country. In addition to the bags, other accessories in the range include a key ring, wallet, wash bag, messenger bag and document case.
The highlight of the collection is the Monza holdall, named after the world famous Italian racing circuit. It makes an ideal travel bag with the coloured stitching giving the bag a nice pop of colour. Designed with durability in mind, the holdall features solid metal feet for added protection, a reinforced zipper and thick leather handles along with a detachable shoulder strap and luggage strap with an internal pocket and tan lining.
Made to order, each item in the collection is handcrafted in high-quality Nero (black) carbon fiber print leather and comes complete with coloured stitching, or an Italian Racing Stripe design.


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August 2016, Boultbee Brooks Real Estate (BBRE) are pleased to announce the recent acquisition of Stone Cross, Brentwood, Essex from Standard Life Investments for £10,050,000.
Built in 2002, Stone Cross is let on FRI terms to Canon (UK) Limited until June 2018 with two established sub-tenants also in occupation. The building provides 38,360 sq ft of Grade A office accommodation arranged over ground and three upper floors and also benefits from one of the best car parking ratios in Brentwood, with parking for 130 cars (1:295 sq ft).
Situated on the edge of Brentwood Town Centre, the property is located only a short distance from the amenities of the High Street but also benefits from its close proximity to Brentwood railway station, which provides direct access within half an hour to the City of London via Liverpool Street Station. In addition, rail connections to London are set to improve further by 2018 once the new Elizabeth Line (Cross Rail) opens at Brentwood Station. The town also benefits from excellent access to Central London via the A12 and the wider national motorway network via its proximity to the M25 Motorway.
Acting on behalf of the purchaser, Robert Cannock of Aurum Real Estate, who advises BBRE, said: "The purchase of this asset continues our strategy of selectively acquiring properties with strong underlying fundamentals, where there are short term opportunities to improve the asset through active asset management.".
Savills advised Standard Life Investments.


North Korea has fired an "unidentified projectile" into the Sea of Japan, Seoul's Joint Chiefs of Staff said. The suspected ballistic missile, fired off the country's east coast, reportedly flew over the Korean territory and fell into the sea.
The "projectile" was launched early Monday morning at 7:36 am local time from the Dongchang-ri long-range missile site, Yonhap news reports, citing South Korea's military.
The unidentified projectile object flew across the country before splashing into the East Sea.
"We are conducting an analysis on the projectile to determine its type and flight range. It will take a while before we come up with a final analysis (based on US satellite data)," the JCS said.
Last week, Pyongyang issued a warning of a potential "merciless" response to Washington and Seoul following the start of US-South Korean Foal Eagle annual war drills.
"Should the US imperialists and the south Korean puppet forces fire even a single shell into the waters where the sovereignty of our Republic is exercised, the KPA will immediately launch its merciless military counter-actions," the state-run Korean Central News Agency said in a statement.
"The KPA will mercilessly foil the nuclear war racket of the aggressors with its treasured nuclear sword of justice," KCNA added.
North Korea repeatedly has claimed its close to developing an intercontinental ballistic missile able to carry a nuclear warhead as far as the West Coast of the US. Despite frequent launch failures and absence of evidence, Pyongyang's missiles were getting close to such a capability, with Washington following developments with concern.
The last time North Korea claimed to have launched a long-range ballistic missile, it was hit by a new round of sanctions by the UNSC. Overall North Korea has conducted a total of five nuclear tests — in 2006, 2009, 2013 and twice in 2016.
The latest nuclear tests were accompanied by a number of North Korean ballistic missile tests. Just last month, Pyongyang launched a missile in the direction of Japan, before the projectile landed into the sea. US and South Korean military officials stipulated that the missile fired was a Hwasong-10, or Musudan intermediate-range ballistic missile, which has a range of 3,000 kilometers.
← Why Is Gendercide Wrong But Screening For Down Syndrome Okay?


The Leadmill's Big Fat Quiz of the Year 2018!
…we've welcomed the Arctic Monkeys back for 4 hometown shows, watched Pulp on Bargain hunt, seen the election of Sheffield Mayor Magid Magid, Louis Theroux has been given an honourary degree, and the new Dr. Who was launched in Sheffield. We witnessed Football very nearly coming home, we've rooted for two Sheffield bake-off contestants, we've endured political turmoil (to put it lightly) and now here at The Leadmill we're putting on our very own Big Fat Quiz of the Year!
Grab a bev, grab your team, and come down and prove yourselves as the ultimate Quiz champions!


text:
Too Good For You
Published on Wed, Feb 23, 1994
Originally published in Len Frank's column for the LA Reader newspaper, 1994
Since this is a kind of Everyperson car, I should use a sports metaphor here, something like, "nobody hits home runs all of the time" or something and then talk about Ted Williams or somebody but I really don't give a damn about stick-and-ball games so I won't. Now watch me bring this back to cars.
The "nobody-hits-etc." to whom I referred above is the Ford Motor Company which managed to strike out with turkeys like the Mustang II, and the LTD Elite, and, if one goes back far enough, the '57 Mercury and '58 Lincolns (the ugliest cars ever built), the Edsel (which has entered the language as the supreme gaffe/or merely a tragically stupid, tasteless, mistake), and more recently, the Australian-built Capri.
The same company also produced the exquisite pre-WWII Lincoln Continental, the original Mustang, and even some superb appliances like the original Falcons. I have no idea what their batting average might be but this isn't a baseball game.
A year or so ago Ford introduced, in Europe, a car called "Mondeo" that got great notices. It was sold in various versions to serve diverse markets like Germany, Switzerland, Italy, and the United Kingdom, all of which have different requirements.
Ford does not have a great record in bringing their European cars to the U.S., the latest losers being the Merkur XR4Ti and Merkur Scorpio—basically nice cars sold by dealers who didn't understand them to a population that also didn't understand them, and they were underdeveloped for the U.S.
Then we heard that they were going to build the Mondeo here and call it Ford Contour and Mercury Mystique. The guy who told me said "Ford Torture and Mercury Mistake." Please.
What we didn't need, I figured, was one more dismal, front-drive, semi-econo sedan with an undistinguished drivetrain, thin seat cushions, cheap plastic interior, and a heavy advertising campaign. I went off to see and drive the Torture and Mistake.
OK, SO I WAS WRONG
The car(s) that I described—dismal, undistinguished, thin—are the Ford Tempo and Mercury Topaz, prototypical rental slugs, beancounter cars. The Mondeo twins are about the same size, the same price, and they too occupy the slot between the Escort and the Taurus. Ford says they are not replacements for the Tempo but the positioning is hard to escape.
People who bought the Tempo (and Topaz) were those who thought they were getting appliance/cars more upscale than the Escort because it had slightly nicer upholstery, a trunk instead of a hatch, and a larger engine. They were conservative, frugal/impecunious, and, if the Tempo was upscale to them, must have had a rather poor self image or been dangerously poor judges.
For convenience, let's just call the new cars Mondeo (I wish Ford had), and for further convenience, let's talk about the upscale equipment levels—they're more fun. The Mondeo actually has a longer wheelbase, more legroom and more headroom than the Taurus, It's about five inches narrower but it has as much usable interior width. Remember, this is the Taurus we're comparing it to. Ford would like you to compare it to the Accord or Nissan Altima.
Ford Mondeo Mk 1 (illustration by Terry Collins for Ford Motor Company)
The Mondeo has (optional) a nifty V6 2.5 liter engine with 20 hp more than the Taurus, roughly the same power as a Volvo 850 or a Buick Regal with a 3800 V6 half again as big as the Ford. The great thing about the engine (for the appliance buyer) is that it has a 100,000 mile tune-up interval. The lousy thing is that for the enthusiast, there is no excuse (or much opportunity) to get in there and fiddle with all of those valves, camshafts, advanced engine management systems, etc. Look for an SHO model with 200+ hp sometime in the not too distant future.
Remember that this is a smallish sedan that Ford has aimed at people who can't afford a Taurus and aren't sporty enough for a Mustang—it's not a car for the enthusiast but it should be..
There are cars that perform well but don't feel or sound very good doing it—the Neon, for instance. And there are cars that feel good but don't perform well—a BMW 318i perhaps. The Mondeo has both a level of performance and a precision of control feel that would lead an enthusiast to believe that there is some exotic badge on the front—certainly not Ford or Mercury. The sad part is that Ford dealers, like all dealers, will follow that well-trodden path of least resistance and sell the Mondeo on price—somewhere between $13,000 and $18,000—to those who would really rather have a Taurus but can't afford it or just need a replacement for the old Tempo. More pearls in the pig pen. Pity.
Top image: Ford Mondeo Mk1 (from the archives of the Ford Motor Company)
Len Frank


Ray-Ban pioneered a revolutionary approach to eyewear that it champions today, and that is the use of sunglasses and lenses as a medium to express one's vision, personality and freedom. Ray-Ban has always prided itself in using the finest materials in the construction of its eyewear, using metals and plastics beyond its time. Now, Ray-Ban continues on with the heritage of creating the best pieces in terms of quality and style; and with revolutionary materials beyond our time. Ray-Ban just unveiled a collection at 71 Gramercy, of eyewear that is lighter yet durable, without compromising its iconoclastic cool identity. Making use of modern technology, Ray-Ban is able to tap into the high-tech resource of prime lightweight steel, acetates, aluminum, titanium and other materials to bring lightweight, high quality Ray-Ban icons fit for today's faster lifestyle. View more photos below.


text:
Q: How do I order by the number of repetitions, then by date in MySQL? I have the following SQL query.
SELECT p.`id`, p.`data`, p.`title`, p.`creation_date`, t.`name` AS 'tag'

    FROM `post_tag` pt, `post` p, `tag` t

    WHERE p.`id` = pt.`post`
        AND pt.`tag` = t.`id`
        AND p.`author` <> '1'
        AND (t.`name` = 'Programming'
            OR t.`name` = 'Photography'
            OR t.`name` = '[...]')

    ORDER BY p.`creation_date`, t.`name` DESC

And my resulting table looks like this:

As I've highlighted in the screenshot, rows with ID 76 and 77 are repeated. In my application's case, that is a measure of "popularity". I want to be able to:

*

*Group rows where "data" is repeated into one row (I know I can do this with GROUP BY)

*Order the rows by "popularity" first, then by "creation_date". So, if there are 3 rows with the same "data", the I want that to be returned first, followed by rows with a count of 2, etc.

A: ... group by p.data order by count(*) desc, p.creation_date, t.name desc

redpajama_set_name: RedPajamaStackExchange


Do you have what it takes to be the next Iron Chef? To prove it, join us on Friday, January 18th at 5:00 pm. You will be asked to make dishes with a variety of ingredients. You do not have to know how to cook to participate.


We want everyone to feel comfortable in our unique designs which is why you'll find them on tanks and unisex tees; even on gift items such as pillows, mugs, bags.
Our extensive designs are added daily and we even showcase designs from outside sources as we love to support the arts and the artists that create. If you would like to have your work included in our collection, send us an email to ajaandarya@gmail.com.
We can't wait to see you in our designs so send us a selfie by tagging us in your Facebook, Instagram or Twitter posts @AjaAndArya.
Follow us on SnapChat by using the same username.
For Moms when you want to match your little, we have matching outfits just for the occasion and some designs are just for you.
We also offer designs for Daddy and Grandparents!


Rosetta Translation provides a full range of Welsh translation services to companies worldwide.
We assign every single translation to the most appropriate specialised team of highly qualified Welsh translators, proofreaders and editors, thus making sure of a consistent and excellent quality of Welsh translation in each of these areas.
Combined with our use of translation technology and our extraordinary flexibility as regards client needs, this results in the professional and reliable Welsh translation service that our regular customers expect and value.
We also provide Welsh interpreting services in London and worldwide.
Rosetta Translation one of the few translation companies that holds both the prestigious ISO 9001:2008 accreditation as well as the DIN EN 15038 certification, the only norm that is specifically designed for translation services. Our customers can therefore rest completely assured of the consistent and excellent quality of our Welsh translations.
Welsh Translations can of course be certified, notarised and legalised to meet your exact requirements.
For all our English-Welsh translation assignments, we use experienced, native Welsh translators – capable of translating the different dialects of Welsh (North, South, etc.), all of whom specialise in a number of different areas of translation to give the best possible results for our customers. We then make sure the formatting is correct, which is particularly important for Welsh with its important system of diacritics, have the document proofread by an experienced, professional third party, all of which culminate in providing a final translation of excellent quality.
Welsh (Cymraeg) is a Brythonic-branch Celtic language, spoken mainly in Wales and around the Anglo-Welsh borders. Interestingly, there is also a tiny pocket of speakers in Argentina. Welsh has recently enjoyed a strong revival in Wales following the Welsh Language Act 1993, which now means it enjoys equal status with English.
Whatever the exact nature of your Welsh-English translation assignment, complex and technical or more basic in style, Rosetta Translation has experienced translators on hand to deliver, with expertise in a number of areas, from technical computer jargon to pharmaceutical industry terminology.


All aspiring management students are familiar with the Jamnalal Bajaj Institute of Management Studies (JBIMS). It is one of the most well known B-schools in the Asia-Pacific region and has consistently been ranked among the top 10 MBA colleges in India.
Established in 1965 by the University of Mumbai in association with the Graduate School of Business, Stanford University, JBIMS has a unique curriculum and academic system designed to help management students develop the skills and abilities required for navigating the Indian market and meeting challenges in the corporate sector.
Applicants need to clear the CAT 2017 or MH-CET 2017 cutoff as decided by the institution. Application is to be made online. Applicants must also pay a Rs. 1250 application fee.
Candidates short listed on the basis of their CAT 2017/ MH-CET 2017 scores will have to appear for group activity, personal interview (PI) and written ability test (WAT) to be held at Mumbai.
Application for these courses is done online and through the MH-CET exam followed by group discussion for selecting the final crop.
Both MMS and MSc Finance are celebrated two-year programs that require students to hold an undergraduate degree in any field recognized by the UGC with a minimum 50% aggregate (45% for SC/ST/OBC) and provisional certificate.
Additionally for MSc Finance the applicant needs to have opted for mathematics in higher secondary and had mathematics as a subject in the undergrad first year.
To be eligible for selection the applicant must be a undergrad degree holder or must have passed Graduate Aptitude Test in Engineering (GATE) and have two years of relevant full-time working experience.
Jamnalal Bajaj Institute of Management Studies has an elaborate placement process which has been consistently successful in providing students with high-paying jobs in multinational corporations.
The average placement package is Rs. 17.42 lakh per annum and the highest salary offered is Rs. 35 lakh.


When the Michigan Wolverines travel to East Lansing this Saturday to take on the Michigan State Spartans, everything will be on the line. With a win, Michigan will remain in the hunt for the College Football Playoff, while a loss would destroy their season.
It's time to start getting fired up, Michigan fans! Check out this amazing hype video that a Wolverines' fan created.


Got a nice surprise this week when I opened the September issue of Smart Parenting Magazine and read my advice to new moms on page 46. Mishca's name is there, too–her first in a magazine.
Thanks to my former editor and friend Jaclyn Lutanco-Chua for the feature. It's been 14 years since my first article came out in Summit Media's Good Housekeeping Magazine but I still get a thrill seeing my name in print. 🙂 Thanks, Jac!
Incidentally, we have opened a new online store called Kid StarMaker. We are offering personalized books, music and cartoons for kids. We are really excited about this because we have seen first hand how these products brings joy to children.Hope you can check it out at www.kidstarmaker.com!
Click here for my review of the SaYa carrier! Thanks!


text:
At Least Dubya is Bankrupting the U.S. Government
I'm one of those sad, pathetic creatures who is occasionally gripped with visceral loathing for Dubya in spite of himself. I shudder with disgust when I hear him try to speak. My eyes water with anguish when I discover some new example of suffering his foreign policy is causing. If I pay too close attention, I'm a wreck.
But I've always had a sort of shameful respect for his tax policy. He's been doing on an enormous scale pretty much what I've been trying to do on a feeble one.
I've taken myself off of the income tax rolls and I've done what I can do reduce the amount of money I provide for the government to pay with. Dubya, meanwhile, has taken millions of people off the income tax rolls, and has slashed government revenue with a vengeance.
Needless to say, I'm conflicted.
I think I'd always assumed that if the government was taking in less money, it'd eventually (once it maxed out the credit cards) have to shrink. That while Dubya's certainly no government-shrinker himself, his policies would eventually have that effect. This is that "starve the beast" theory that the Norquist wing of Republican tax cutters has made notorious.
Daniel Shaviro thinks we've got it backwards. In his paper — The Bush Administration's Huge Tax Cuts: Steps Towards Bigger Government? — he says, "the idea that the tax cuts would make the government smaller seems to have rested on spending illusion, or confusion between the actual size of government, in terms of its allocative and distributional effects, and the observed dollar flows that are denominated 'taxes' and 'spending.'"
The size of government, Shaviro notes, is not measured only by the amount of money it inhales and exhales, but by the amount of control it has over other parts of society and the economy and how it chooses to honor or disregard its debts and obligations. As a simple example: If the government forces Peter to pay Paul, it is no smaller than if it taxes Peter and subsidizes Paul.
Shaviro believes that the indebting effects of Dubya's tax policy will lead to a massive "wealth redistribution from younger to older generations." By incurring debts now (obligations to those who are on or will soon be on Social Security, bonds to pay for war and government), the government is either forcing future taxpayers to pay for the current generation's folly, or forcing future taxpayers to renege on this debt — either one of which will be a huge, government-mandated transfer of wealth.
There's no substitute, it turns out, for reducing the size of government directly, says Shaviro — trying to "starve" it only makes it bigger:
[T]he case becomes quite powerful that the tax cuts will probably, over time, make the government larger on balance. The overall package is one of much more redistribution to older generations, accompanied by only a possibility of commensurately reduced allocative effects.
If one looks beyond the tax cuts themselves to the overall budget policy of the Bush Ⅱ Administration, the case for an increase in the size of government becomes almost irrefutable. This, after all, is an Administration that in its first two years increased Federal outlays by $222 billion, or from 18.4 percent to 19.5 percent of gross domestic product. Only about forty percent of this increase was for defense spending, suggesting that one could not attribute all (or even most) of it to the events of September 11, 2001 even if one assumed that any Administration would have responded to those events in the same way. By its third year, the Administration was busy proposing a new prescription drug benefit in Medicare that was expected to cost $400 billion over the following ten years.
If nothing else, this proposal pretty much exploded any notion that the 2001 through 2003 tax cuts were aimed at shrinking the government's allocative effects via Medicare, since simply recouping the expansion of government from this new benefit would be a tall task. Rather, the Administration appears to be seeking short-term political advantage and favors for particular groups, merely deceptively clothed in antigovernment rhetoric. Then again, conservative ideologues of the Norquist genre, even when opposed to the Bush Administration's spending increases, appear no less convinced than it (if it is sincere) that tax cuts somehow have a greater impact on the size of government than spending increases. They evidently do not, or choose not to, understand the long-term budget constraint, under which a dollar of added government outlays today, if it does not reduce expected future outlays (which more likely it would increase, given the effect on political expectations) implies added taxes with a present value of a dollar.
How you can resist funding the government → about the IRS and U.S. tax law/policy → the "starve the beast" theory
♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦
Congress is changing the tax laws, and redefining what it means to be a child. Also: Can the government take in less money and still grow bigger? And that constitutional democracy in Iraq is worth about as much as the paper it was printed on. Furthermore, Social Security / Medicare start tapping the general fund this year.
Will tax cuts paradoxically make the government bigger, or can they "starve the beast" after all? Also: more families turn to flea markets and other income streams in the "informal economy."
The beast may not be starving, but it may be starting to diet. Also: all this torture and abuse seems, in addition to being repulsive and cruel, useless and counterproductive — what's the motivation? And: the anti-war movement in Scotland is actually gumming up the war machine. Also: The Picket Line scoops Newsweek by about six months.
People are reporting a lot less of their income to the I.R.S., but are they being evasive or just crafty? Also: is the "starve the beast" theory fundamentally flawed?
If Dubya gets his wish for more tax incentives for Health Savings Accounts, it will be a great day for tax resisters like me. Also: how much money does the government "spend" by giving tax breaks? And: updates on the "tax gap" and the future of tax reform. Also: Irwin Schiff's lawyers plead insanity on his behalf. And: Dead-Eye Dick Cheney brags that the government is bringing in more tax money than ever.
Years of Republican rule have led to record-setting tax receipts and government spending; a new Democratic Congress is passing the most bloated military budget ever. Pretty much what you expected?
The government is more in debt than ever, is running a huge deficit this year, and yet the politicians in charge are falling over each other to spend more money. Is the amount of government income any restraint at all on government spending? If not, why not? And does this mean the hopes of some tax resisters are in vain?
Derek Brett of Conscience and Peace Tax International explains how their campaign grew out of the international movement to recognize conscientious objection to military conscription, and how he sees the movement's goals. And has the "starve the beast" hypothesis been refuted by experiment?
A suffragette tax resister gets her own postage stamp, the Den Plirono movement comes to the rescue, a former White House staffer becomes a war tax resister, a Greek Orthodox Archbishop vows to defy Jerusalem's attempt to tax church property, and more skepticism about the "starve the beast" theory.


text:
11934 Lundgren eller 1993 FL4 är en asteroid i huvudbältet som upptäcktes den 17 mars 1993 av UESAC vid La Silla-observatoriet. Den är uppkallad efter astronomen Kjell Lundgren.

Referenser

Huvudbältesasteroider
Småplaneter namngivna efter personer
Astronomiska upptäckter av UESAC
Astronomiska upptäckter 1993


text:
[![Twitter](https://img.shields.io/badge/contact-%40spacepyro-00aced.svg)](https://twitter.com/spacepyro)
[![GitHub license](https://img.shields.io/github/license/mashape/apistatus.svg)](http://choosealicense.com/licenses/mit/)
[![Build Status](https://travis-ci.org/croberts22/railgun.svg?branch=master)](https://travis-ci.org/croberts22/railgun)
[![Coverage Status](https://coveralls.io/repos/github/croberts22/railgun/badge.svg?branch=master)](https://coveralls.io/github/croberts22/railgun?branch=master)

Railgun is a REST API extension to the [MyAnimeList API](http://myanimelist.net/modules.php?go=api).

## Motivation

Previously, a separate project dedicated to providing a richer developer experience was derived from [chuyeow](https://github.com/chuyeow)'s fantastic [myanimelist-api](https://github.com/chuyeow/myanimelist-api). It seems like that project is no longer in development, nor does it seem like there is any interest in reviving the endpoints. So, I've decided to take in the responsibility of creating my own so that people can harness a stronger, dedicated API. Furthermore, MyAnimeList's official API hasn't been updated in several years, stagnating development.

Learning a few new languages and technologies is also a New Year's Resolution of mine. I'm not familiar with Ruby and Sinatra, so I've decided to dedicate this project for my own learning's sake.

## Requirements

- A User-Agent from MyAnimeList.net
- Ruby 2.4.0 or greater

## How to Use

- Clone this repository. 👌
- Run `bundle install` to install all of the dependencies.
- Set up your environment variables to include your User-Agent. This environment variable must be set up as `ENV['USER_AGENT']` (see `keys.rb`).
- If you have an instance of Rollbar running, you can also set up your access token via `ENV['ROLLBAR_ACCESS_TOKEN']`.
- If you have RubyMine, you can open this app and configure it to run `config.ru`. Otherwise, open up a terminal prompt and start it with the following command:

```
rackup -o 0.0.0.0 -p 9292 config.ru
```

- This project also supports `memcached`. You can run your instance of `memcached` and it will work out of the box.

## API Documentation

The interactive API is currently under construction, but you can check it out [here](http://docs.railgun.apiary.io/).

## Why the name "Railgun"?

A few reasons:

- Railguns are blazingly fast, efficient, and powerful. Those are the principles for what this API will accomplish.

- It's the nickname given to [Misaka Mikoto](http://myanimelist.net/character/13701/Mikoto_Misaka) from [A Certain Scientific Railgun](http://myanimelist.net/anime/6213/Toaru_Kagaku_no_Railgun).
![](http://i.imgur.com/74Zdsnu.png)

- It just sounds badass.

## Licensing

The MIT License (MIT)

Copyright (c) 2017 Corey Roberts

Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.