(c) Copyright(1) Data first produced in the performance of this contract. (c) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default. WebOffence Section Sentence Indictment (1) A person commits an offence who with a view to gain for himself or another, or with intent to cause loss to another, and without the consent of the proprietor - (a) Public Law 101-647, also known as the Crime Control Act of 1990 (Act), requires that all individuals involved with the provision of child care services to children under the age of 18 undergo a criminal background check. 202(e) and 37 CFR 401.10; (3) Use the balance of any royalties or income earned by the Contractor with respect to Subject Inventions, after payment of expenses (including payments to inventors) incidental to the administration of Subject Inventions for the support of scientific research or education; (4) Make efforts that are reasonable under the circumstances to attract licensees of Subject Inventions that are small business concerns, and give a preference to a small business concern when licensing a Subject Invention if the Contractor determines that the small business concern has a plan or proposal for marketing the invention which, if executed, is equally as likely to bring the invention to practical application as any plans or proposals from applicants that are not small business concerns; provided, that the Contractor is also satisfied that the small business concern has the capability and resources to carry out its plan or proposal. Deciding what you want to protect and to what extent is up to you. If applicable, the Contractor shall submit its final report for the remainder of the contract period no later than 20 days after the end of the reporting period in which the contract ended. 688; 43 U.S.C. (d) Inappropriate designations of the noninvolvement of human subjects or of exempt categories of research in a project may result in delays in the review of a proposal. As prescribed in HHSAR 326.505(b), the Contracting Officer shall insert the following clause: Indian Preference Program (December 18, 2015). C 07-05662 RMW, adding complaints related to ringtones,[13] and Kliegerman v. Apple, Inc., No. You might also choose to protect a slogan or logo for those goods or services, if you have one. (e) If this is an Indefinite Delivery contract, a Blanket Purchase Agreement or a Basic Ordering Agreement, the task/delivery order requests that include EIT supplies or services will define the specifications and accessibility standards for the order. This shall be submitted to the Contracting Officer for inclusion in the contract file. 352.211-2 Conference Sponsorship Request and Conference Materials Disclaimer. (c) Contractors involving other agencies or institutions in activities considered to be engaged in research involving human subjects must ensure that such other agencies or institutions obtain their own FWA if they are routinely engaged in research involving human subjects or ensure that such agencies or institutions are covered by the Contractors FWA via designation as agents of the institution or via individual investigator agreements (see OHRP website at: http://www.hhs.gov/ohrp/policy/guidanceonalternativetofwa.pdf). If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the provided documentation, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense. HHS regulations for the protection of human subjects (45 CFR part 46), information regarding OHRP registration and assurance requirements/processes, and OHRP contact information is available at the OHRP website (at http://www.hhs.gov/ohrp/assurances/index.html). The Contractor shall advise the subcontractor that the information will be made available to the public. This restriction applies to all collaborating sites, whether domestic or foreign, and subcontractors. The contractor shall not disseminate or publish such information without the written consent of the Contracting Officer. What's Wrong With this Picture? The lawsuit referenced Apple's SIM lock on the iPhone and Apple's (at the time) complete ban on third-party apps, and alleged that the 1.1.1 software update was "expressly designed" to disable unapproved SIM cards and apps. As part of the confidential settlement, no sources were revealed and Think Secret will no longer be published". The parties hereto agree that the Contractor retains the right to control and direct the performance of all work under this contract. [246] The San Jose jury eventually awarded Apple $290 million in damages after jurors completed a one-page assessment form for each infringed patent. Indirect infringement can occur, for instance, when a device is claimed in a patent and a third party supplies a product which can only be reasonably used to make the claimed device. For an undisclosed amount of cash and future ongoing iPhone royalties to be paid by Apple, Nokia agreed to settle, with Apple's royalty payments retroactively back-payable to the iPhone's introduction in 2007, but with no broad cross-licensing agreement made between the companies. (d) The prohibitions in subsections (a), (b), and (c) above shall include any activity to advocate or promote any proposed, pending, or future federal, state, or local tax increase, or any proposed, pending, or future requirement for,or restriction on, any legal consumer product, including its sale or marketing, including, but not limited to, the advocacy or promotion of gun control. [71][70], A new hearing was held in March 2014, in which Apple sought to prevent Samsung from selling some of its current devices in U.S.[63] At the hearing, Judge Koh ruled against a permanent injunction. [7], The case In re Apple iPod iTunes Antitrust Litigation was filed as a class action in 2005[8] claiming Apple violated the U.S. antitrust statutes in operating a music-downloading monopoly that it created by changing its software design to the proprietary FairPlay encoding in 2004, resulting in other vendors' music files being incompatible with and thus inoperable on the iPod. (a) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. (3) Greater Rights Determinations. [63][97], On December 6, 2016, the United States Supreme Court decided 8-0 to reverse the decision from the first trial that awarded nearly $400 million to Apple and returned the case to Federal Circuit court to define the appropriate legal standard to define "article of manufacture" because it is not the smartphone itself, but could be just the case and screen to which the design patents relate. [142] Apple motioned the court for a preliminary injunction to bar Amazon from using the "App Store" name but, in July 2011, U.S. District Judge Phyllis Hamilton, presiding over Apple's case against Amazon, denied Apple's motion. As prescribed in HHSAR 370.303(a), the Contracting Officer shall insert the following provision: Notice to Offerors, Protection of Human Subjects (December 18, 2015). (a) Pursuant to public law this contract requires the contractor to provide products or services or both that are funded from the Prevention and Public Health Fund (PPHF), Pub. Both Samsung and Apple were responding to a court order that instructed the completion of such a meeting before a new trial begins in March 2014. (i) Data first produced in the performance of this contract; (ii) Form, fit, and function data delivered under this contract; (iii) Data delivered under this contract (except for restricted computer software) that constitute manuals or instructional and training material for installation, operation, or routine maintenance and repair of items, components, or processes delivered or furnished for use under this contract; and. Direct salary excludes any income that an individual may be permitted to earn outside of duties to the Contractor. (b) In the event the Contractor discovers Native American cultural items (including human remains, associated funerary objects, unassociated funerary objects, sacred objects and cultural patrimony), as defined in the Act during contract performance, the Contractor shall. The Contractor agrees that it has entered into this contract and will discharge its obligations, duties, and undertakings and the work pursuant thereto, whether requiring professional judgment or otherwise, as an independent Contractor without creating liability on the part of the Government for the acts of the Contractor or its employees. [144], In January 2013, Apple's claims were rejected by a US District judge, who argued that the company presented no evidence that Amazon had "[attempted] to mimic Apple's site or advertising", or communicated that its service "possesses the characteristics and qualities that the public has come to expect from the Apple APP STORE and/or Apple products"[145] In July 2013, Apple dropped the lawsuit. Having registered the domain name appleimac.com in an attempt to draw attention to the web-hosting business he ran out of his parents' basement, a note on Traya's site stated that his plan was to "generate traffic to our servers and try to put the domain to sale. 688; 43 U.S.C. [3], In certain jurisdictions, there is a particular case of patent infringement called "indirect infringement." (a) In addition to the requirements of the clause of this contract entitled Indian Preference, the Contractor agrees to establish and conduct an Indian preference program which will expand opportunities for Indians to receive preference for employment and training in connection with the work performed under this contract, and which will expand the opportunities for Indian organizations and Indian-owned economic enterprises to receive a preference in the awarding of subcontracts. The Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor's negligent performance of any of these services furnished under this contract. The template allows offerors or developers to self-evaluate their supplies and documentin detailwhether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Lloyd, Ian J., Information Technology Law, 5th ed., Chapters 10, 17, and 18, 2008. One of three Samsung chiefs met with Cook, but the filing did not reveal the name of the representative. When possible the offeror shall also certify the IRB has reviewed and approved the research. The Act also applies to all subcontracts awarded under this contract for the specified children's services. [38], On September 26, 2011, Samsung counter-sued and asked the court for an injunction on sale Apple's iPad and iPhones, on the grounds that Apple does not have the licenses to use 3G mobile technology. (1) The Government contract and order number, as applicable. [193][194][195], In August 2006, Apple and Creative settled the suit with Apple agreeing to pay Creative $100 million USD for the right to implement Creative's method of sorting songs on the iPod. The settlement's full terms were undisclosed. (3) On or near an Indian reservation means on a reservation or reservations or within that area surrounding an Indian reservation(s) where a person seeking employment could reasonably expect to commute to and from in the course of a work day. While the original three judges maintained their opinion from the previous hearing, the remaining judges argued that the three-member panel had dismissed the body of evidence from the jury trial supporting that Apple's patents were valid and Samsung was infringing upon them. [40], From 1993 to 1996, Apple developed a marketing strategy that promised free and unlimited live-telephone support on certain products for as long as the original purchaser owned those products; by 1997, however, changes in Apple's AppleCare support policy led Apple to rescind the offer, resulting in a consumer class action lawsuit for breach of contract. Patents are territorial, and infringement is only possible in a country where a patent is in force. [77], In 1994, engineers at Apple Computer code-named the mid-level Power Macintosh 7100 "Carl Sagan" after the popular astronomer in the hope that Apple would make "billions and billions" with the sale of the computer. [4], In Australia, a patent infringement occurs when a person, who is not the patentee, exploits or authorises another person to exploit the patent in question.[5]. 352.270-5b Care of Live Vertebrate Animals. (iii) For data other than computer software, the Contractor grants to the Government and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly by or on behalf of the Government. [119] In April 2011, the school reported it had settled its 3-year dispute with Apple, was launching a new logo under a new name, Q College, and was expanding its operations. [26][27], On September 9, 2011, the German court ruled in favor of Apple, with a sales ban on the Galaxy Tab 10.1. 352.270-9 Non-Discrimination for Conscience. [105], Samsung appealed to the Supreme Court, but the Court announced in November 2017 that it would not hear the appeal, leaving the Federal Circuit's ruling in Apple's favor in place. (2) Neither the Government's review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. (d) By acceptance of this contract or order, the Contractor agrees to comply with the requirements of the Act. (i) The numbers of Indians seeking employment for each employment position available under this contract; (ii) The number and types of positions filled by Indians and non-Indians; (iii) The total number of Indians employed under this contract; (iv) For those positions having both Indian and non-Indian applicants, and a non-Indian is selected for employment, the reason(s) why the Contractor did not select the Indian applicant; (v) Actions taken to give preference to Indian organizations and Indian-owned economic enterprises for subcontracting opportunities which exist under this contract; (vi) Reasons why Indian subcontractors and or suppliers did not receive preference for each requirement where the Contractor determined that such preference was inconsistent with efficient contract performance; and. (e) Unauthorized marking of data. (ii) Does not include computer databases or computer software documentation. (a) Unless otherwise specified in this contract, the Contractor may publish the results of its work under this contract. The Contracting Officer may agree to do so if the Contractor. This email address is being protected from spambots. Failure to comply with the Act may result in the imposition of a civil monetary penalty in an amount not to exceed $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. (3) Mentor-Protg agreementsjoint agreements, approved by HHS OSDBU, which detail the specific terms, conditions, and responsibilities of the mentor-protg relationship.
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