Wednesday, July 31, 2019

Posttraumatic Stress Disorder in The Things They Carried Essay

Posttraumatic Stress Disorder, PTSD, is a psychological disorder that involves extreme cases of anxiety. PTSD comes as a result of an individual’s experience of a highly distressing event wherein there was a threat of grievous physical harm and there was experience of intense psychological stress. An individual is diagnosed with PTSD based on the American Psychiatric Association’s DSM-IV & DSM-IV-TR definitions. Diagnosis of PTSD   is given if an individual shows the following symptoms for a period of more than one month. First, the individual’s recurrent experience of the event after the actual occurrence perhaps through dreams, recollections, and experience of anxiety upon display of different items linked with the traumatic event. Second, the individual avoids or does not feel anything when presented with things and people that are emotionally linked to the traumatic event. This may also include feelings of being estranged from other people in the individuals’ surroundings. Third, the individual experiences a heightened sense of arousal thus probably causing sleeplessness, sudden bursts of emotion, hyper vigilance, and the like. And lastly, the individual find himself or herself unable to properly function in certain aspects of his or her life perhaps at work, at home, or in other social environments. The severity of the PTSD, whether acute or chronic, is assessed based on how long the given symptoms persist in the individual. An event which has come to be heavily associated with PTSD is war. A great number of literary pieces have been dedicated to this event and one such work is Tim O’Brien’s The Things They Carried. PTSD in relation to war is clearly seen in the different collections of stories compiled and written by Tim O’Brien in his book. One particular story found in the book that shows PTSD in the case of a war veteran is â€Å"Speaking of Courage†. The main character in this particular story is Norman Bowker. Symptoms of PTSD are clearly seen in his actions. Bowker is unmotivated, experiences confusion and mental chaos, feels estranged and isolated from others in his town and is also unable to obtain work. Social inhibitions that plague this character, which are clear signs of PTSD, are exemplified in his inability to properly order in a drive-thru restaurant. Instead of speaking through the intercom, he honks his horn at the waitress until he gets his order. He then proceeds to eat his food without moving his car and leaves only upon finishing his meal. (Examples of Post Traumatic Stress Disorder in The Things They Carried; Tim O’Brien’s – The Things They Carried Eating Them Away) Bowker relives and is unable to move past the events of the war. He lives in a constant state of guilt because of his inability to prevent the death of his friend in Vietnam. The conclusion of Bowker’s story is suicide, an event that is not uncommon in cases of posttraumatic stress disorder. In the story â€Å"Stockings†, the main character named Henry Dobbins wrapped his girlfriend’s panty hose around his neck during battle supposedly as a good luck charm. He would also sleep with it against his face. Even after the war, when Dobbins and his girlfriend were no longer a couple, he still continued to sleep with and tie the stockings around his neck. Dobbins explains this act by the referral of the continued presence of the stocking’s magic. This shows an aspect of PTSD stated by the American Psychiatric Association in the DSM-IV & DSM-IV-TR wherein an individual experiencing the disorder experiences reactivity to objects linked with the traumatic event. The Things They Carried was clearly written by O’Brien with a theme in mind. That theme involves the experiences of war veterans after surviving the war. That is to say that the book depicts the effects of the war on the soldiers and the various individuals who were involved. Tim O’Brien particularly focuses on the psychological effects that the events of the war has left. The lives of the soldiers characterized in the stories are clear examples of emotional baggage carried by survivors of the war.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Jim Neilson states in his article The Truth in Things: Personal Trauma as Historical Amnesia in The Things They Carried, the recurring them of the horrors of war. The explicit descriptions of the incidents that the characters experienced in the story were the author’s way of communicating to the audience how such events could lead to anxiety, distress, disorder, and even insanity. Andrew Morgan also acknowledges that in reality, war veterans who experienced the Vietnam War still live with the guilt and fears induced by that experience. They carry these memories with them and are unable to lead the same lives they used to have before joining the war. These are what caused them to eventual experience of PTSD, to eventual insanity, and for some even to suicide.   Posttraumatic stress disorder is indeed a problem that plagues many war veterans today. It is encompassing in its scope and affects all aspects of the lives of those experiencing it. Tim O’Brien paints for us, in The Things They Carried, a clear picture of what PTSD is, what instances can lead to it, and the ugliness that it brings in its wake. Works Cited American Psychiatric Association. â€Å"DSM-IV & DSM-IV-TR: Posttraumatic Stress Disorder (PTSD)† 2000 BehaveNet.com 11 December 2007 â€Å"Examples of Post Traumatic Stress Disorder in The Things They Carried.† 123HelpMe.com 11 December 2007 . Morgan, Andrew. â€Å"The Things They Carried† Angelfire29 April 2003 11 December 2007 < http://www.angelfire.com/ga4/project1/research%20papers.htm#Christopher%20Luke%20Corno>. Neilson, Jim. â€Å"The Truth in Things: Personal Trauma As Historical Amnesia in The Things They Carried† Fortune City 11 December 2007 . â€Å"Tim O’Brien’s-The Things They Carried Eating Them Away†   Studyworld 11 December 2007

Tuesday, July 30, 2019

Consider Laertes’s contribution to the theme of revenge Essay

Of the various parallels between Hamlet and Laertes is one of the most telling. From the beginning of the play we see the two in comparable situations, each young men of the court, each seeking university, each spied on by Polonius, each (it would appear) loving Ophelia, in different ways. Therefore, when Laertes finds himself in Hamlet’s position of having a father murdered, the audience watches with interest to see how he will react, and how this will compare with Hamlet’s behaviour in the same situation. In fact, although Hamlet points out that: ‘by the image of my cause I can see The portraiture of his’ Laertes reaction to murder of his father is very different from hamlet’s, and indeed he is everything which Hamlet rebukes himself for failing to b. He forms the very epitome of a traditional avenger, and almost everything he does forms a contrast with what Hamlet does not do. Immediately as he returns to the court ‘in a riotous head’, having recruited ‘a rabble’, to aid him in his revenge. Thus we see that he finds both opportunity and means to destroy his father’s supposed murderer as soon as he possibly can. It is sometimes argued that Hamlet has little opportunity, doing the first two acts of the play, at least, to confront Claudius and exact his revenge. However, it is clear that – particularly since he is ‘loved by the distracted multitude’ – Hamlet might have actively created such an opportunity for himself, just as Laertes does. Furthermore Laertes is determined that he will ‘dare damnation’ in order to revenge his father. This is very important when soliloquy beginning, ‘To be or not to be’, in which he confesses that ‘the dread of something after death’ is, in part, what makes him ‘lose the name of action’, for again we see hamlet’s attitude to his task differs radically from that of a traditional avenger. This is also apparent when Laertes says that he would ‘cut (Hamlet’s) throat I’ th’ church ! ‘, since we are immediately reminded that Hamlet refused to kill Claudius, when given the perfect opportunity, because he was in prayer. Hamlet’s refusal to kill Claudius at this time (because his prayers make him ‘fit and seasoned’ to go to heaven – which is hardly a fitting revenge for a man who has sent his brother to be judged with ‘his crimes broad blown’) may – if we decide that they are more than just another rationalization (an entirely debatable point in itself) – prove that Hamlet reflects more carefully than Laertes on the business of revenge and that he is more caught up in the need for a perfect and fitting revenge. Nevertheless Laertes’ clear opinion that ‘Revenge should have no bounds’, and his immediate and unhesitating action, in comparison with Hamlet’s continual prevarication, persuade us that he is the more effective avenger. Laertes falls into the same category as Fortinbras, who with his ‘unimproved mettle hot and full’ seeks revenge on Denmark for winning and taking control of what had been his father’s lands, and Pyrrhus, who brutally kills an old and defenceless man in the name of revenge. All these characters’ unhesitating and decisive action, and what seems to be their lack of fear at the consequences, throw Hamlet’s indecisiveness very much into relief, for whilst he can only ‘unpack (his) heart with words’, they can ‘sweep†¦ to revenge’ as he longs to. However, it is Claudius, not Laertes, who actually states that ‘Revenge should have no bounds’, which is not only ironic, since it is Hamlet’s hesitation alone which has saved him so far, but – I feel – also has sinister undertones, since one would hardly have put such words into the mouth of the clearest villain of the play without implying that this sentiment is also, somehow, villainous. Of course, as Claudius is here manipulating Laertes’ strong desire for revenge, it would be unwise to attach too much importance to this point, but it is nevertheless interesting to examine our attitude to Laertes’ attitude towards revenge as opposed to Hamlet’s. After all, the impetuous approach of the former allows him to believe: ; The people muddied, Thick and unwholesome in their thoughts and whispers. ‘ Thus he promptly accuses the wrong man (Claudius, rather than Hamlet) of killing his father. Compare this with Hamlet – well aware that all is not necessarily what it seems in Denmark – who creates an elaborate plan to ‘catch the conscience of the king’ before he proceeds. It might also appear to the audience that Laertes’ defiance of damnation is more to do with a lack of reflection on ‘the undiscovered country’ than courage in facing it. After all, as hamlet points out: ‘the native hue of resolution Is sicklied o’er with the pale cast of thought’ Laertes is all ‘resolution’, untroubled by the words and thoughts, which impede hamlet’s action. (We never see Laertes in soliloquy, of course, because he is morally certain of what he must do, and does not explore the subject further. ) However, we possibly feel some sympathy with the view that: ‘blest are those Whose blood and judgement are so well co meddled That they are not a pipe for Fortune’s finger. ‘ Ironically, these words, spoken by Hamlet in praise of Horatio, actually describe the former in some respects, and particularly when we see him in comparison with Laertes. After all, whilst his endless reflection might appear to serve, at times, only to exacerbate and rationalize his delay, at least he can only rarely be accused of being rash. Laertes believes that, ‘That drop of blood that’s calm proclaims me bastard. ‘ However, this rage, this refusal to reason calmly and to reflect on what has happened, allows the slippery Claudius to manipulate Laertes for his own ends, leading to the treachery which destroys Claudius and Laertes themselves, and Gertrude, as well Hamlet. Ultimately, there is a certain nobility t be found in the exchange of forgiveness between hamlet and Laertes (the final link the latter’s assurance that: ‘Mine and my father’s death come not upon thee, Nor thine on me! ‘ Which is greater than Laertes’ revengeful triumph over Hamlet. This is not to say that Shakespeare’s presentation of Laertes serves entirely as an indictment of the process of revenge. Both hamlet and Laertes speak of the ‘honour’ of revenge, and finally does kill Claudius, that he is ‘justly served. ‘ However, I can feel that considering Laertes’ contribution to the theme of revenge is only useful when seen alongside hamlet’s reaction to the same theme, and perhaps this portrayal of a traditional avenger who is only useful when seen alongside hamlet’s reaction to the same theme, and perhaps this portrayal of a traditional avenger who is rash, manipulative and finally self-destructive, allows us to see hamlet in a more favourable light when he is unable to assume the same role as traditional avenger.

Monday, July 29, 2019

Commercial law case analyse Essay

Commercial Law Term Paper (Case Analysis) Pro-Gordon C. Johnson June 18, 2013 9th Edition Chapter 5-Case 5 Summary: Marie-Claude operated a bowling alley in a commercial area that was adjacent to a residential area. Many small children used the parking lot near the bowling alley as a playground, and Marie-Claude was constantly tell these children leave the parking area maybe they will get injured. However, one six years old boy climb onto the flat roof of the bowling alley and while he is running, tripped and fell to the ground. But Marie-Claude continued to order the child off the roof by several times when he was on the roof. Analysis: this situation can apply on Trespassers of Occupier Liability and Negligence of the concept of Foreseeability through the Supreme Court of Canada. For plaintiff: the occupier of the building warns the child of any dangers that exist on the property. Meanwhile, according to the concept of Foreseeability part, a very small child of tender years would not be held liable in tort, but children in their early teens, depending upon the extent of their maturity and level of understanding, nay very well is held responsible for their actions. This case belongs to unintentional acts of a person caused injury to others. For defendant: Owners of buildings, construction sites or those who construct dangerous structures on their premises in neighborhoods where small children live have a special duty to protect the children from harm or injury. On the other hands, the outcome for this situation maybe is Compensatory damages or Nominal damages. For compensatory: the loss suffered by a person in a negligence case in the loss of or damage to property. For nominal: when a person trespasses on the land of another without inflicting physical damage to the property. Chapter 7-Case 3 Summary: Armstrong Aggregates Co. wrote a letter to Bishop on May 2nd offering to sell him 200 tons of scrap mica at $180 per ton. Bishop received the letter on May 3rd. A few weeks later, Bishop checked the price of mica which is $185. On May 22nd, Bishop wrote to this company that is accepting this offer. But this company did not receive this letter until May 30th. And Armstrong refused to sell mica to Bishop at $187 instead of $180 because the price was increasing. Analysis: This situation should belong to Offer and Acceptance Section. An offer is not valid until it is received by the offered, and the offeror is not limited by the offer until such time as it is accepted according to Communication of an Offer. So in this case, Bishop received the letter on May 3rd, before May 3rd, it is not bounded. On may 22nd, Bishop wrote to this company and accepted this offer. According to Acceptance of an Offer, the acceptance must take the form if certain words or acts in accordance with the offer that will indicate to the offeror that the offeree has accepted the offer. In addition, the acceptance of the offer takes place when the letter of acceptance, properly addressed and the postage paid, is placed in the postbox or post office. So for Bishop (defendant), it obeys the rules of an offer and acceptance. For Armstrong Aggregates Company (plaintiff), they cannot change their offer by increasing the offer because Bishop had already accepted the offer and sent to this company on May 22nd. Meanwhile, the company did not communicate with Bishop about change the price. Therefore, this action is not valid and this company should still accept this offer at $180. Chapter 10-Case 2 Summary: Habitation Apartments Ltd. borrowed $500,000 from their Good Times bank and secured the loan by way of a three-year mortgage on its apartment building. And the president of the corporation personally guaranteed repayment of the loan. Several years later, as a result of dispute between shareholders and a new president and Board of Directors were selected by the shareholders. As part of organization, they rearrange its mortgage loan with  the bank. The bank agreed to extend the loan for a further three-year term but at a higher interest rate. A year later, as a result of tenant problems and a high vacancy rate, the corporation was unable to meet its mortgage payments and the mortgage went into default. Analysis: This case should address in the Guarantee of Assumed Liability section. The guarantee always involves at least three parties: a principal debtor, a creditor, and the guarantor. The guarantor’s role in a guarantee agreement is to provide a promise of payment in the form of a contingent liability. In this case, Habitation Apartment Ltd and the bank are only two parties and they do not have formal writing document. Because of the unique relationship between the parties, the guarantee must be in writing to be enforceable. For plaintiff: the Habitation Apartment Ltd should mortgage on its apartment building, because the president of the corporation guaranteed repayment of the loan and they should obey their contract. For defendant: before the contract come into effect, the leader of the bank should consider these problems, for example, the interest rate will be go up. They should tell the corporation this situation will happen and a condition that must be satisfied. In addition, they should as their original contract to conduct their liabilities no matter they rearrange the financing or increase their interest rate. The corporation of the apartment should return repayment as the original interest rate. Chapter 13-Case 4 Summary: Hansen admired a sports car that Sports Motor Sales Ltd. wished to sell. Hansen informed the company salesman that he would buy the automobile if he could obtain a loan from the bank to cover part of the 17000 asking price. The salesman agreed to hold the car until Hansen could check with his bank. And Hansen discussed a loan with his bank manager and he said he would be prepared to make a 5000 loan through approval from the regional office. As a result, Hansen then entered into a written agreement with Sports Motor Sales Ltd. Then both parties signed the agreement. A few days later, the bank manager said he had problem with the loan approval. As a result, he could lend 4000 instead of 5000. Analysis: According to Condition Precedent, when a condition precedent is agreed upon, the agreement is prepared and signed; only the performance is postponed pending the fulfillment of the condition. Once fulfilled, performance is necessary to affect discharge. If the condition is not met, it then has the effect of discharging both parties from performance. Because the loan approval has some problems, both parties did not fulfill the condition of the approval, so the Moto Sales Ltd. should charge for this mistakes. At the same time, a Material Alteration of the terms of existing agreement has the effect of discharging the agreement and replacing it with a new one containing the material alternation. The alternation of the terms of the existing agreement must be of a significant nature before the contract will be discharged by the change. If the loan approval has some problems, so the bank can agree Hansen to discharge it and replace it with a new agreement. So the bank does not need to give himself 1000 short. In addition, according to Novation, the parties may also discharge an existing agreement by mutually agreeing to a change in the terms of the agreement or to a change in the parties to the agreement, so at least one party should agree to substitute or replace it.

Innovation and Small Business Essay Example | Topics and Well Written Essays - 1000 words

Innovation and Small Business - Essay Example Most owners of work together during the process of promoting their small business, for instance, the owner of a coffee shop would work with the owner of a cafe in selling specific signature coffee brand in the restaurant. It is possible for customers at two points to purchase the products of the two companies and this will create opportunities for both businesses for each (Pies et al, 2010). Advice can be got from several small business owners support groups just like She Owns it, where the members of the group gather and discuss together with their peers issues related to their employees, expansion, issues to do with customer service among others. Members in of such groups range from people who are starting businesses to long-term business owners and they provide each other with advice and understanding since they are able to identify issues and concerns that affect each other. Networking in small businesses helps in both forming relationship with other businesses, free advertising also takes place for the company. Small business owners have clear understanding of the importance of having the name of their company out and through promoting the name of a company through peers does this form of advertising well (Pies et al, 2010). ... There is guarantee that when people upgrade their profession they will not come back, therefore managers in professional firms have the task of creating an environment in which the employees are motivated frequently and ensure they are able to balance their commitment to that of the firm as well as the customer. On the contrary, when managing manufacturing firms, the main challenge faced by managers is the management of competing business practices within the firm; looking at the finance function of the firm, they may prefer to communicate using emails while another department such as the human resource department may prefer using memos (Pies et al, 2010). Such type of differences in the manufacturing firm has detrimental effects on its operations especially when they impact on its effective operation, or in the delivery of quality goods and services. When there is weak communication processes, ordering processes and payment of invoices become difficult; therefore, ending these compe tition can take place through institution of company-wide standards. Small manufacturing firms also face these problems and here the manager will have to face several functions, these requires all team members to understand how the firm works and follow the laid down procedures (Pies et al, 2010). Geodis Wilson is a global logistic provider and they provide logistical services; on top of this freight services, the company offers value added services that include customer clearance and insurance in addition to its normal logistic handling services. The company delivers goods from door-to-door and on a timely basis, from one continent to another; this is one thing while use of transit time in realizing tied up capital is another thing. Geodis Wilson is able to accomplish both

Sunday, July 28, 2019

Compression Algorithms Research Paper Example | Topics and Well Written Essays - 1750 words

Compression Algorithms - Research Paper Example This process of size reduction of data is popularly known as compression of data, though it was formally known as source coding. Compression is important as it aids in cutting down the use of resources, like space of data storage or capacity of transmission. As compressed data should be decompressed in order to use, the extra processing computation or costs that arise from decompression, the situation differs far from free lunch. Algorithm compression is likely to be subjected to a trade off of time space complexity. For example, a video compression scheme needs a costly hardware to decompress the video with speed for it to be observed during the decompressing process. Opting for decompression of the video before watching may be of inconvenience or may need additional storage. Data compression design schemes entail tradeoffs amid various factors, inclusive of compression degree, distortion introduced and required computational resources to uncompress and compress the data. There are new options for traditional systems that sample fully then compress providing effective usage of resource based on compressed sensing principles. Compressed sensing methods circumvent the requirement for compression of data choosing from a selected basis. Origin The compression is either lossless or lossy. ... Compression is important as it aids in cutting down the use of resources, like space of data storage or capacity of transmission. Algorithm compression has played an important role in IT from the 1970s. During this time, internet was growing in its popularity and there was invention of Lempel-Ziv algorithms. The Lempel-Ziv algorithm unfortunately, has a stretched history in non-computing. The earliest invention of compression algorithms is the Morse code that took place in 1883. It involves the a compression of data entailing common letters found in English like t and e which are allocated Morse codes that are shorter. Later, when mainframe computers started taking hold in the year 1949, Robert Fano and Claude Shannon invented coding that was named Shannon-Fan. Their algorithm allocates codes to cipher in a specific data blocks based on likelihood of occurrence of the symbol. The probability being of one symbol occurring is indirectly proportional to the code length which results to a shorter means of representing data (Wolfram, 2002) After two years, David Huffman as he studied information theory shared a class with Fano Robert. Fano issued the class with the option of either taking final exam or writing a research paper. Huffman made for the research paper that was on the topic of working out on the most effective binary coding method. After a research carried out for months that proved not to be fruitful, Huffman almost gave up on the work to study for a final exam to cover for the paper. At that point is when Huffman got an epiphany, building a technique that was more efficient yet similar to the coding of Shannon-Fano. The major difference between Huffman and Shannon-Fano is in the later is there is a bottom-up built

Saturday, July 27, 2019

Management in Information technology Assignment Example | Topics and Well Written Essays - 500 words

Management in Information technology - Assignment Example Everyone from eager-to-fit-in tweens to educated business people to intrigued grandparents has joined the phenomenon, and unsurprisingly many teenagers have also caught Facebook fever.† (Facebook Addiction) The people in Saudi Arabia are very hard-working but they have been distracted by Facebook, their valuable time is being squandered browsing through Facebook. This is hampering their growth and this is also hampering the overall growth of the country. The younger generation is completely hooked on to Facebook and they use slang language which is again bad for them. Using slang language is affecting their language skills and making them incompetent. Facebook has had its share of problems; thieves use Facebook to know when certain people are going on vacation so that they can rob their house. Credit card numbers have been stolen using Facebook; a woman in Australia was murdered when she went and met her friend who she had met through Facebook. All these instances show that people in Saudi Arabia are losing their privacy and are openly flirting with danger. â€Å"Facebook and its co-founder Mark Zuckerberg are being sued for more than $1billion over a page that was on the social networking site that called for violence against Jews.† (Facebook Sued) This is just one of many evidences which clearly show that this social networking website can cause religious havoc and this is why the people in Saudi Arabia should never get carried away with what they see on this website. It has already caused political havoc in the middle-east which has led to several economical problems; it has also led to vandalism. The same may happen all over again and it is high time to stop this from happening. Saudi Arabia is a very conservative country; the majority of people residing in the country are Muslims. Islam is openly discussed on the website and people with very little or absolutely no knowledge about Islam have been spreading propaganda which could again

Friday, July 26, 2019

The Legal Environment of Business Essay Example | Topics and Well Written Essays - 1000 words - 1

The Legal Environment of Business - Essay Example The city had great moral values and therefore (2) this was the question asked by the general public to the Democratic Mayor of the city, Deedee Corradini, as to how the city of moral values ended up with such criticism. All the dreams of the people of the city had been washed off. This was due to the biggest bribery scandal that had taken place in the history and this crime had been committed by the officials of the city. It was thought that the 2002 Winter Olympics which was awarded to Salt Lake four years from then would bring into the town business of $ 2.8 billion. This was enough reason to influence the process of the selection of site it could not be resisted by the Salt Lake Organizing Committee (SLOC). When the scandal broke in January, it was found that out of the 114 IOC members, SLOC had bribed 13 of them with $393,000 mostly in the form of stipends and scholarships to family members. Then by the end of the month the figure had taken a toll to $800,000 of real cash bribes. Then again by early February, the toll had again risen to $1.3 million and for 24 members which was almost 1/5 of the IOC. The IOC had then said (3) that it would change the method of selection of the host cities and there was resignation given by four of its members. Two of the top SLOC officials were - Vice President David Johnson and CEO and President Frank Joklik -were forced to resign and the committee underwent a comprehensive restructuring. There were also the allegations of criminal nature and for this reason, criminal investigations were ordered including investigations by the U.S. Department of Justice and the U.S. Internal Revenue Studies. The companies like- Coca Cola, McDonald's, IBM, Visa, Eastman Kodak and United Parcel Service, being long time corporate sponsors of the Olympic Games threatened to take back their support.It had also been found that there were several middlemen (4) who had gained much profit as brokers by selling the votes of IOC members from Africa a nd Middle East who had the least chance of winning the sites in their own areas. In the present circumstance, the situation of Bigtown seems very similar to that of the Salt Lake case. In the Bigtown case, the mayor has been voted on his assuring the people that he will change everything in the City and make it a place to be seen and to see. But all these words have somewhat disappeared with the time. He is very much disturbed by the way things are going and wants to offer contracts for city work in exchange for convention business. This may not be called bribery but can be classified as lobbying. Moreover this is against law and is unethical. Being a mayor of the city, he should try to solve all the problems through his departments rather than giving off the city's works to the general public through contracts. The specific issues that link the Bigtow

Thursday, July 25, 2019

Holocaust and Rwanda Genocide Essay Example | Topics and Well Written Essays - 3250 words

Holocaust and Rwanda Genocide - Essay Example Explanations on the Holocaust featured bureaucratic and/or economic motives and/or wartime pressures (Levene 2000, p.305). The bulk of the data and interpretation of the Holocaust and Rwanda genocide centers on either intentionalist or the functionalist perspectives. For instance, the debate surrounding the root of Holocaust can be explored from two main questions: 1) was there an Adolf Hitler's present master plan to annihilate the Jewish race? Intentionalists assert that there was such a plan, whereas functionalists assert that it was absent. 2) How was Holocaust systematically driven? (By the instructions awarded by Adolf Hitler or deep within the ranks of the bureaucracy). Intentionalists maintain that the scheme came from Adolf Hitler whereas functionalists argue it emanated deep within the lower ranks of the bureaucracy. Discussion The genocide of European Jews mainly referred to as the Holocaust, occurred between 1941 and 1945 whereby close to six million European Jews were an nihilated by the Nazis. From the 1960s following the publication of work such as The Hitler State, several historians disputed the overriding interpretation and outlined that the alleged master plan was, in fact, absent. During the 1970s, proponents of the intentionalist school of thought labeled as â€Å"the straight road to Auschwitz† camp owing to their insistence that Hitler was satisfying a preset programme (Mann 2005, p.180). Proponents of the functionalist school of thought were referred to as â€Å"the twisted road to Auschwitz† camp owing to their insistence that it was the internal power arrangements of the Third Reich that orchestrated the Holocaust. Hence, functionalists/structuralists assert that Holocaust stemmed as part of the functioning of the Nazi state while intentionalists believe that it was Hitler’s intents alone that propelled the Holocaust (Confino2012, p.118). Functionalism also referred to as structuralism and intentionalism represent a historiographical debate centering on the origins of mass murder such as the Holocaust. The two schools of thought avail a historical explanation on decision-making regarding the Nazi Jewish policy (Stone 2012, p.39). One of the approaches focuses on the structure of the Nazi regime and its functioning (functionalist) while intentionalism spotlights Hitler, his ideology, and intentions. The Holocaust: Intentionalist Approach The intentionalists argue that Hitler plus his team were propagating Aryan-race supremacy as they were anti-Semitism as they proposed to wipe them out of the map. As the word suggests, intentionalists place significant interest on the intention of the Nazis, from the outset, detailing the resolve to eliminate Jews by means that ultimately encompasses mass slaughter. This approach elevates the figure of Adolf Hitler and his monomaniacal fanaticism to annihilate the Jewish â€Å"cancer† from Germany and across the whole of Europe (Kershaw 2000, p.40).

Wednesday, July 24, 2019

Operation management Case Study Example | Topics and Well Written Essays - 1000 words

Operation management - Case Study Example The crashes caused sales to dropped by 60% and this translates to a drop in revenue that ranges from $1.2 million to $1.8 to a mere $400,000. The business cannot continue losing revenue at this rate. It even nearly folded had it been to $200,000 loan from a friend. The crashes also cause other intangible problems that sabotage the business. Its crashes undermine the brand of its company as it will lose credibility in the market. It is also losing the goodwill of its customers of which it already had hard time retaining them during the height of its technical problems. The website of InsuranceAgents.com is not just a mere website for the company to have an online presence of informing the public that it exists. Rather, its website is the platform where the company conducts its business. It is like its office, its store, that if it crashes, it is tantamount to an office or store to be closed that no business can be done. And since no business can be done, no revenues can be made. Meanwhile, expenses continue to incur even if there is no revenue coming in. it goes without saying that the company cannot afford the website to crash because every time it crashes, it will have an economic impact to the company’s bottom line. There are also other intangible loses that the company incurs that may not register on its financial statements every time it incurs a downtime. This is the tarnished image and brand of the company. It could also drive customers away to the competitor. The company is back on the black and is no longer struggling. It is again a good time to consider growth. And since the tough times seems to be over, the company no longer has to bother with problem and just maintain how things are done. Hiring an experienced and competent CIO who will ensure that the company’s website will be up and running all the time. He or she can also immediately address any issue in the IT department without causing any damage of downtime to the

Foreign Economics and National Economics Council Essay

Foreign Economics and National Economics Council - Essay Example If such legislation is passed, the manufacturing industry would be revived, unemployment would reduce, and the government would reduce expenditure on insurance for unemployment and social security. In case the bill is approved, the United States will not have contravened the provisions of the World Trade Organization (WTO) which provides that members can take any action that is intended to protect its security interests1. It is the department’s position that although these arguments hold considerable weight, the negative effects of such legislation will by far outweigh the positives. One of the anticipated negative effects is that these countries, mostly China will retaliate by imposing their own duties on the United States. For example, in 2009, the United States imposed a tire tariff on Chinese tires thus reducing the influx of these tires into the country and saving approximately 900,0002. The Chinese responded by exercising antidumping duties on American chicken parts. The antidumping duties cost the United States approximately 1 billion dollars3. Although more jobs will be created in the manufacturing industry, a same number of people, if not more, will lose their jobs in the retail industry. In addition, if the import tariff is imposed, the manufacturing industry will become crowded with everyone wanting to be a manufacturer, as a result, the quality of products will reduce and the cost of raw materials will go higher. As such, the protected products are bound to cost more if domestic production is inefficient or if the cost of buying raw materials is higher than before, meaning that the United States will not benefit from these tariffs. On a political front, the relationship between the United States and China will be strained thus derailing the effort by the former to get the latter to convince North Korea to do away with nuclear weapons. As Rosati & Scott write, since North Korea borders China, the support of

Tuesday, July 23, 2019

Business Innovation in Digital Economies Essay Example | Topics and Well Written Essays - 2000 words

Business Innovation in Digital Economies - Essay Example This paper mainly focuses on Apple Inc. The Apple Inc. company took the market by a storm and seems to be enjoying a cutting edge of the competitive market in digital service and product market. Reliance on goods in order to understand the economy seems to be getting harder as the industrial economy ceases. Researchers noted that service provisions implemented the distribution mechanisms obtained from goods. They also noted that service creates a basis for the proliferation of economic transactions. This paper defines economic service broadly as â€Å"the utilization of unique knowledge and skills in the business practices, processes and outputs in order to create value for the customers (Eaton 2011, pg59). The dominance of information technology highly contributes towards the emergence of the service-dominant rationality. As Vargo and Lusch (2004, pg51) discuss, primacy of service and its recognition as the fundamental factors for economic can be attributed to two reasons. These primary reasons include; the ability to separate information and service from tangible goods and the increasing specialization in business. These two reasons dwell on the creation of information technology which speeds up specialization in creation of knowledge which consequently led to the reduction of harmonization and communication costs. In addition, the digitization of informational products and the integration of software capabilities into goods created the term digital innovation. This innovation contributes to the slackening of solid goods with service since its inception. Digital networks characterize the best dynamic and exhilarating field of inventions in our modern economy. Companies like Google, Apple, Nokia-Microsoft and HP/Palm are all chasing numerous procedures of innovation approaches in imperative to the worth of their products. These companies frequently undertake these operations by fetching external developers as well as maximizing the technology’s reproductive

Monday, July 22, 2019

The Impact Of Intellectual Properties Protection Essay Example for Free

The Impact Of Intellectual Properties Protection Essay Some of the aims and objectives of the project include: Determine the responsibility and functioning of the intellectual property domain in the IT and automobile industry. The manner in which each type of Intellectual property (IP) instrument could be applied in the software and automobile industry. The extent and level of protection various other intellectual property rights instruments (such as copyrights, database protection, IC protection, trade secrets, designs, trademarks, etc) that could be provided. The obstacles, hurdles, ideas, conceptions, etc, that could oppose the implementation of the various intellectual property instruments for protection in the software and automobile fields. The impact and scope patents and other intellectual property right instruments could have in the IT and automobile industry. Determining the ways in which IP could act as a hindrance to the development of the software and the automobile fields To promote an inter-professional relationship that could exist between IP, management, technology and law. To equip the stakeholders in the technological field about the way they could protect their applications or intelligence of their mind. To suggest potential ways in which the hindrance and monotony caused by IP could be removed in the software and the automobile industry. To promote healthy competition between organizations in the field of technology such that it would be a win-win situation for them and for the public. The application of antitrust laws in the field of IP especially for patent nonuse To determine the circumstances under which Procedures used to benefit the public (such as revocation of the patent and compulsory licensing) can be imposed (especially to ensure that a healthy competition exists in the market). Technology is improving each and every day.   It is very important that IP is protected completely so that the owner reaps the fruits of the intellectual labor.   Each intellectual property instrument (such as patent, copyright, trade secrets, designs, trademarks, database protection, chip protection, etc) tries to protect certain aspects of technology.   For example patents try to protect the revolutionary aspect (such as inventions), whereas Semi-conductor protections tries to protect evolutionary aspects (as the development in semi-conductor technology is incremental in nature).   To a certain extent the trademark and copyright laws flow automatically and several other IP instruments have to compulsorily be registered.  Ã‚   However, copyrights may not offer complete protection (it may also be difficult to apply copyrights to the field of software or the internet as websites and software is constantly updated).   A certain amount of trade secret is lost whenever an emp loyee quits a company. A company’s intellectual property forms a very important resource.   However, the company should be able to determine the nature of its resources and the manner in which it could be exploited.   A company with a good IP strategy could gain a competitive edge in the industry to a certain extent and within varying periods of time (depending on its competitiveness). It can be seen that a company having a single patent would have a distinct advantage in the market.   The opponents of the company may begin to take up alternative strategies that may be ineffective in nature, consume a lot of time or prove to be very costly.   A company should conduct a SWOT analysis of its IP situation.   Even small corporate are beginning to identify IP as an invaluable assets and are using it to enable growth.   The key to success of a company would be to manage it IP resources effectively (through proper identification, maintenance, evaluation, protection, sharing and utilization). In such a competitive age, could the IT and the automobile industry ignore IP and related laws?   I do feel that this could be a very good research question, and each and every aspect including past cases, benefits and limitations of each IP instrument and the manner in which a company could develop an effective IP strategy may be discussed.   Even the potential ways in which the IP owner could misuse his/her laws could be suggested, so that unhealthy competition or monotony is created in the market.   In such circumstances, the law-makers need to bring about certain laws that would create a balance between public interest and the owner of the IP. A company can possess various IP’s and in different fields.   The IP may be a technology which is new and revolutionary or a slight modification of evolution of current technology.   Some of the IP’s that a company could possess include patents, copyrights, database protection, designs protection, trademarks, IC protection, trade secrets, etc.   A company can protect it’s IP in several ways:- Use the trade-secret mechanism to protect its IP (in this way the company would just be protecting its property and not be using it to gain extensive profits). Disclose its IP to the appropriate statutory authorities and obtain relevant IP registrations. Protect it’s IP through contractual means (e.g. licensing of a software) – The contract for use may be for a certain periods of time or may be restricted for use within a certain geographical area. Contents Table of Cases -Table of Statues I.e. 1.Chapter one: Literature Review 1.1. Introduction to intellectual property 1.1.1. What is inventions and what’s not? 1.1.2. Protecting inventions 1.2. Forms of intellectual properties protection 1.3. Cost of the protection, durability, and its effectiveness 1.4. Confidentiality 1. Chapter two: Need to Protect IP in the software and the automobile industry 2.1.1. Secrecy and confidentiality 2.1.2. Need to reward the owner for helping develop and advance technology for the benefit of the society 2.1.3. Creating a health business environment in the Market 2.1.4. Public Benefit (duty of the patent owner to make known new and useful technology for the benefit of the public i.e. to work the invention, and not to wrongfully suppress or hide the technology from the public after obtaining a patent from the patent office), Relevant cases Continental Paper Bag Co. v. Eastern Paper Bag Co.; Pfizer V. Government of India [434 US 308 (1978)]; Remington Products V. North American Philips corporation; Image Technical Services V. Eastman Kodak Co. [504 U.S. 451 (1992)]; Medtronic Sofamor Danek, Inc. v. Michelson case, etc. 3.1. Chapter three: Ways in which the different IP instruments could be implemented and the level of protection provided by each instrument 3.1.1. Patents 3.1.2. Copyrights 3.1.2.1. Database protection 3.1.4. Trademarks 3.1.5. Trade secrets 3.1.6. IC protection 3.1.7. A combination of these 4.1. Chapter four: Business Competition and IP 4.1.1. Instances in which IP has created a healthy competition in the Market 4.1.2. Instances in which IP has created an unhealthy competition in the Market 4.1.3. Manner in which IP has helped to develop technology further 4.1.4. Manner in which IP is acting as a hindrance to the development of technology Case Studies IBM (they currently hold the most number of patents in the US) http://www.ibm.com/ibm/governmentalprograms/ippatent.html#resources; Microsoft http://www.microsoft.com/about/legal/intellectualproperty/default.mspx; Dell 5.1. Chapter five: Problems concerning the Use of IP 5.1. 1 Public Interest 5.1.2. Unhealthy competition 5.2. Ways in which the problems could be solved 6.1. Chapter six: IP Processes in a Company 6.1.1. IP Policy 6.1.2. IP Resources at the Company 6.1.3. Planning and Strategizing 6.1.4. Monitoring and Evaluation 6.1.5. SWOT analysis 6.2. Problems-solving 6.2.1. Infringement Situations or Issues Concerning IP – Sega Enterprises V. Richards; Apple Computers V. Computer Edge, IBcos V. Barclay, Lotus V. Lotus V. Paperback, Lotus V. Borland, Whelan V. Jaslow, Computer Associates V. Altai (1992), John Richardson V. Flanders (1993), Gottschalk V. Benson (1972), Parker V. Flock (1978), in re Abele (1982), Canter Fitzgerald V. Tradition (UK), Lab Corp v Metabolite, in re Walter (1980), in re Freeman (1978), Microsoft Clipboard Application (2006), Arryhythmia Reascarhe V. Corazonix (1992), Re Alapatt (1994), Softman v. Adobe, Koch and Sterzelix-ray apparatus (1988), VICOM Application (1987), Fujistu’s Application (1997), MAI V. Peak Computers, State Bank V. Signature Financial (1998), ATT V. Excell Comm. (1999), Amazon V. Barnes and noble.com (1999), Mark and Spencer V. One in a Million (1998), Tata Tea V. Gem Lifts (D2000-1823), Novell V. CPU, IBM Text processing Appication (1989), Geodynamik device (2002), 7.1. Conclusion 7.1.1. The Future of IP in the software and automobile industry 7.1.2. The unanswered questions -Bibliography References: Calton, J. 2001, â€Å"Dissolving the Digital Dilemma: metatheory and intellectual property†, Human Systems Management, vol. 20, pp. 19-23. Edward Lowe Foundation 2003, How to Gain a Competitive Edge, [Online], Available: http://www.lowe.org/index.elf?page=ssercstoryid=8869function=story, [Accessed: 2007, May 17]. Kurth, A. 2005, Software/Electrical Lawyers, [Online], Available: http://www.andrews-kurth.com/Page.aspx?BD_ID=5555, [Accessed: 2007, May 17]. Maheswari, U. 2002, Implications of Biotechnology on Patents and Food Security, [Online], Available: http://www.altlawforum.org/Resources/lexlib/biotech, [Accessed: 2007, May 17]. NSW 2007, Intellectual Property (IP), [Online], Available: http://www.smallbiz.nsw.gov.au/smallbusiness/Technology+in+Business/Intellectual+Property/, [Accessed: 2007, May 17]. Ramakrishna, T. 2005, Basic principles and Acquisition of Intellectual Property Rights, NLSIU, Bangalore. Ramakrishna, T. 2005, Information Technology Related Intellectual Property Rights, NLSIU, Bangalore. USPTO 2005, General Information Concerning Patents, [Online], Available: http://www.uspto.gov/web/offices/pac/doc/general/novelty, [Accessed: 2007, May 17]. WIPO 2007, What is Intellectual Property?, [Online], Available: http://www.wipo.int/about-ip/en/index.html, [Accessed: 2007, May 17].

Sunday, July 21, 2019

Music Therapy And Personality Theory Psychology Essay

Music Therapy And Personality Theory Psychology Essay Personality theory is focused on the thoughts, feelings and behaviour of human beings, including their interactions with their social environment (Funder, 1994). From this comment it could be suggested that personality is made up of the characteristic patterns of thoughts, feelings and behaviours that make a person unique. In addition to this, Piedmont supports that personality come up from inside the individual and remains fairly consistent throughout life  [1]  . Ancient Greeks were the first who talked about personality and the elements that affect it, which are the earth, the water, the air and the fire. Hippocrates and Galen supported that character is attributed to the mixing of the juices that exist in the body, such as blood, yellow and black bile and the phlegm. From this, four types of character are created: the choleric, the melancholic, the sanguine and phlegmatic. During the years, several theories have been developed for identifying the traits and structure of human personality and each of which was influenced by the ideological and methodological background of the founder such as Freud, Cattell, Eysenck, Hartmann, Jung. Although all these considerations have their strengths and manage to significantly penetrate the deeper essence of the concept of personality, nowadays a new theory have been established upon which most modern psychologists of personality seem to agree. This new approach is called Big Five Dimensions and argues th at human personality can be fully described by five key factors. These factors are: Openness to experience: which describes the ability to open and explore unknown situations, to recruit new experiences (imagination, broad range of interests) Conscientiousness: which focuses on whether the conduct of the individual aims to achieve an end and is governed by inner values, standards and ethics(thoughtfulness, organized, planful) Extraversion: which evaluates the quality and intensity of social relationships of individuals (sociability, talkativeness, excitability) Agreeableness: which examines the quality of the relationship of the individual with others and with himself ( trust, altruism, kindness, affection) Neuroticism: which refers to emotional balance and the adjustment of the individual (emotional instability, anxiety, moodiness, irritability, sadness) Another personality inventory was the one of Eyesenck which measures personality using two scales. Introversion-extraversion, stability-instability. Eysencks theory was based on the four temperaments methodologies, first formalised and popularised by ancient Greeks. According to Eysenck, there are four types of personality. The choleric types are the unstable extraverts and they have qualities such as touchy, aggressive, changeable, optimistic, active, excitable and restless. The melancholic types are the unstable introverts their qualities are such as quiet, reserved, pessimistic, sober, rigid, anxious and moody. Sanguine types are the stable extraverts they are talkative, outgoing, responsive, lively, easygoing, carefree, leadership and sociable. Phlegmatic are the stable introvert and they are calm, even-tempered, reliable, controlled, peaceful, thoughtful, careful and passive. It is widely accepted that human behaviour is shaped by the influence of different factors, and this includes a musicians personality as well. Such factors include both genetic and environmental influences. Becoming a musician does not depend on genetic reasons per se or solely on how effective the learning process is. Mainly it is based on a complicated combination of different factors which influence every individual in different proportions. Nearly all researches agree that human traits are jointly determined by both nature and nurture, though they may disagree about the relative contribution of each. (Ceci and Wiliams, 2000). Genetic structure may be a factor that influences someone to become a musician. Some people are born with a music gift and through years in combination with the environment they can develop it. However, the importance of genetic influences decreases over time as individual experiences and social environment becomes more important. Social environment help determine the status of individual, the roles they perform, the duties they are bound by and the privileges they enjoy (Pervin and Jones, 2001). Indeed, the social environment can be a drive wheel for someone to develop a musical gift. By action and by example, parents shape the lives the behavior and the choices of their children from birth through adulthood (Ceci and Williams,1999).  [2]  If the child is raised in a musical environment, with parents musicians or listening to music all the time, then the possibility of becoming a musician is higher. This can also be seen in the past, in Baroque, Classical and Romantic eras, where most famous composers or pianists had great music parental guidance by their musician parents. Also if a child decides to be a musician, he often needs the support of the family in order to maintain his interest in music from an early age. Feltovic (2006) stated that The amount of instrumental practice from an early age is of vit al importance for later musical performance . In addition, if a child is associated with other children related to music, then the possibilities to develop an interest in music are increased. Previous findings on musical development have rarely indicated that learning efficiency is an essential aspect of musical expertise. (Gaunt Hallam, 2009) Indeed, effective learning and a teachers influence also play an important role on childrens performance. Teachers could positively affect the interest of a student for music by offering encouragement, and also negatively discourage a student by failing to support the child properly. The effective learning and good teachers who truly value students might turn children into music For example the teacher can increase the level of interest in music by making music learning more enjoyable for students. Teachers can have a great influence on children thus I believe that if children love the teacher, then they are likely to love music as well. Finally socio- economic conditions and many other unpredictable factors may affect a child positively or negatively to follow a musical path. Music education in developing countries appears not to have been a major priority since the lack of financial resources prevents these countries to meet their citizens educational needs. For example in Africa only 4.6%  [3]  of all schools in the country have music rooms. After analysing the reasons that may influence someone to become a musician instead of another, the next step is to identify possible factors that may determine someones personality after becoming a musician. Does every type of music affect musicians personality the same level? Is each kind of music related to specific emotional characteristics? Research has shown that various aspects of our personality are related to the types of music that we choose (Mitch Beavers and Lauren Mutispaugh). In their research on whether personality predicts music preference, observe that those who listen to classical music appear to be less agreeable and prefer sad music. The same research detects that individuals who listen to heavy metal music were low conscientiousness with low emotional stability. Rentfrow and Gosling (2003) using the Short test of music preference, they concluded that listeners of the same kind of music, had similar characteristics. Country music lovers tend to be low in openness to experiences, but high in conscientiousness. They also appear to prefer music that is simpler in nature. Jazz music lovers are more open to experiences and prefer complex music. Blues music listeners prefer music that is more complex and sad. Folk, rock, and heavy metal tend to prefer more complex music. Pop listeners tend to prefer more simple music. Religious music appears to have higher self-esteem and prefer happy music. Classical music and soundtracks appear to less agreeable and prefer more complex and sad music. Rap and hip-hop seem to be more agreeable, extraverted, and to prefer music that is happy and simple in nature. Heavy metal music appears to be low in both conscientiousness and emotional stability. In a research on Classical music preferences, Burt found that the participants tastes differed according to the extraversion, introversion but also on the emotional stability. In his study, Burt concluded that stable extraverts preferred classical and baroque music (Handel, Verdi, Brahms) which possessed characteristics like solidity, balance, brightness and predictability. On the other hand, stable introverts also preferred classical and baroque period but with a preference on absolute, intellectual and cognitive music like Bach. Moreover, Burt found that unstable extraverts preferred romantic music which has strong contrasts is emotional and vigorous (Wagner, Liszt, Berloz). In contrast, unstable introverts also preferred romantic music but impressionistic and mystical pieces like Debussys, Chopins and Webers (cited in Kemp, 1996).  [4]   According to a research by Delsing, Bogt, Engels and Meeus,  [5]  heavy metal, punk, gothic and rock listeners were found to be related to openness to experience but not to conscientiousness and to extraversion. Jazz, classical and gospel listeners tend to be high on conscientiousness, agreeableness and openness to experience but low on emotional stability. Hip hop, soul, rap trance and techno listeners were found related to extraversion and agreeableness. Finally, a research by Professor Adrian North, notes that heavy metal and classical listeners have similar emotional characteristics since both are creative, calm and unsociable. Furthermore, another factor that determines personality is the kind of gender. Indeed, the effect that music has on personality must be analysed in proportion to the gender of every individual. Even when both man and woman are related to a specific kind of music, it has been noticed that still their personality characteristics are not the same. In a research by Eric Lacourse, Michel Claes and Martin Villeneuve (2001) about heavy metal music and adolescent suicidal risk , it seems that girls fan of this kind of music, are more suicidal than boys. Recently there have been many research efforts on whether musician tend to embody certain personality type. The literature offers some evidence regarding links between personality and musician activity. Wayne Gillespie and Brett Mayors, by examining rock and popular musicians who completed the Revised NEO Personality Inventory and a questionnaire, conclude that Rock musicians share a common profile. Rock musicians were high neurotic, open to experience, average extravert, low agreeable and conscientious. On the other hand, in a research by Dyce and O Connor, concluded that popular musicians are extraverted, emotionally unstable and imaginative. In a research about orchestral instrumentalists, Langendorfer concluded that string players had significant high scores on conscientiousness than woodwind and brass players.  [6]   In his book the musical temperament, Anthony Kemp states that the musicians temperament involves a proclivity to sensitivity, introversion, anxiety, intelligence, and independence (Kemp 1996). Buttsworth and Smith (1995) indicate that performing musicians are more emotionally stable and sensitive. Singers appear to differ from instrumentalists and share personality traits with dancers, such as emotionality and hypochondrias are (Marchant-Haycox Wilson, 1992). In their book Parncutt and Mcpherson  [7]  , state those children who are more introverted, studious and quieter usually tend to prefer string instruments, while more extroverted and socially outgoing prefer brass instruments. Singers also tend to be more extraverted sensitive and imaginative, whereas keyboard players tend to be also extraverted but not as much as the singers and the brass players. CONCLUSSION Music and personality are two issues that cannot be analyzed in a 20 minutes presentation or in a 2000 words essay. This presentation answered three questions that are important as far as concern music and personality. Which factors affect someones personality to become a musician? What types of music do different personalities tend to prefer? Do musicians tend to embody certain personality type? My conclusion is that both nature and nurture, social and musical environment, peers, socio-economic conditions, teachers and effective learning are factors that may influence someone to become a musician. I believe that music do not influence personality, but there is a direct relation between the music we listen and to our personality, which includes our thoughts, lifestyles, places we choose for entertainment, clothes, companionship. Because of our personality we choose certain types of music to listen to or to become musicians of the kind of music that reflects our personality. Of course most musicians have similar elements on their personality like sensitivity, anxiety, introversion, but this is not essential for all. The musicians expresses some feelings or experiences, based from their life, like poorness, parents divorce or even a death of a close person. Some musicians may live the same experiences, but because of the social environment may develop a different type of personality. Through music, the artist communicates his thoughts which will be influenced from the era he lives in. Concluding I believe that if all musicians had the same personality, then music would have been the same.

Saturday, July 20, 2019

Example of Business Contract

Example of Business Contract 1. Your Relationship with PCFS Solutions. A. Introduction. The sale and performance of Professional Services (defined below) hereunder is subject to the terms of this Professional Services Agreement (the Agreement) between you (hereinafter you or Client) and PCFS Solutions, Inc. and its affiliates (hereinafter PCFS Solutions). PCFS Solutionss sale and performance of Professional Services under this Agreement shall be solely for Clients own internal use and not for resale. B. Definitions. Deliverables means the tangible and intangible materials, including reports, studies, base cases, drawings, findings, manuals, procedures and recommendations prepared by PCFS Solutions or its suppliers, licensors or subcontractors in the course of performing the Professional Services. Materials means all content and other items included with or as part of the Professional Services, Software or Deliverables. Professional Services means the services performed by PCFS Solutions as described in one or more Statements of Work. Software means any software, library, utility, tool, or other computer or program code, in object (binary) or source-code form, as well as the related documentation, provided by PCFS Solutions to you in connection with the Professional Services. Software includes software locally installed on your systems and software accessed by you through the Internet or other remote means (such as websites, portals, the PCFS Solutions Platform, and cloud-based solutions). Statements of Work are separately signed mutually agreed upon documents that outline the scope of the Professional Services, time period for service delivery (including any milestone requirements), requisite service steps, and payment terms. Third-Party Products means any non-PCFS Solutions-branded products, software or services. C. Additional Agreements. This Agreement together with any accompanying Statements of Work, forms a legally binding contract between you and PCFS Solutions in relation to your purchase and PCFS Solutions performance of Professional Services. Each Statement of Work will be interpreted as a single agreement, independent of any other Statement of Work, so that all of the provisions are given as full effect as possible. In the event of a conflict between these agreements, the terms of these documents will be interpreted in the following order of precedence: (1) Statement of Work; (2) this Agreement. D. Payment. I. Payment Terms. Unless otherwise agreed to by PCFS Solutions, payment of invoices must be received by prior to commencement of the Professional Services. Client will pay PCFS Solutions fees for the Professional Services calculated using the rates set forth in the Statement of Work within 30 days after receiving invoice(s) for such fees. Client (1) will reimburse PCFS Solutions for reasonable, actual travel, meals, lodging, and other out-of-pocket expenses incurred by PCFS Solutions in connection with the Professional Services, and (2) will pay or reimburse PCFS Solutions for all taxes, however designated or levied, on the Professional Services or Deliverables provided by PCFS Solutions hereunder. Additional charges may apply if Client requests Professional Services that are performed outside of contracted hours or are beyond the normal coverage for the particular Service, such as customized invoicing, consolidated invoicing and statements. II. Suspension and Termination. PCFS Solutions reserves the right to suspend or terminate any or all Professional Services until PCFS Solutionss receipt of all overdue amounts. PCFS Solutions shall have no liability to Client for any such suspension or termination of Professional Services. PCFS Solutions further reserves the right to seek collection of all overdue amounts (including by referral to third-party collectors), plus all reasonable legal fees (including reasonable attorneys fees) and costs associated with such collection, and Client agrees to pay the same. III. Taxes. Unless otherwise expressly stated, any fees charged to Client do not include Taxes (as defined below). Client is required to pay any and all Taxes associated with the fees charged by PCFS Solutions (Transaction Taxes), regardless of how or upon whom they are imposed on. These Transaction Taxes exclude income taxes but may include, but are not limited to, local, state, provincial, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value added taxes, consumption taxes, Goods and Services taxes, GST/HST, excise, sales, use or similar taxes and any withholding taxes (together Taxes). All amounts invoiced pursuant to this Agreement are payable in full and without reduction for Taxes. If PCFS Solutions has a legal obligation to pay or collect Taxes for which Client is responsible under this section, the appropriate amount shall be invoiced to and paid by Client, unless Client provides PCFS Solutions with a valid tax exemption c ertificate authorized by the appropriate taxing authority. IV. Prices. The prices charged for Software and Professional Services purchased under this Agreement shall be the amounts set forth in the Statement of Work. 2. Scope of this Agreement. This Agreement authorizes you to purchase Professional Services from PCFS Solutions in accordance with one or more Statements of Work that explicitly incorporate this Professional Services Agreement. 3. Confidentiality. In connection with this Agreement, each party may have access to or be exposed to information of the other party that is not generally known to the public, such as Software, Materials, product plans, pricing, marketing and sales information, Client lists, know-how, or trade secrets, which may be designated as confidential or which, under the circumstances surrounding disclosure, should be treated as confidential (collectively, Confidential Information). Confidential Information may not be shared with third parties unless such disclosure is to the receiving partys personnel, including employees, agents and subcontractors, on a need-to-know basis in connection with this Agreement, so long as such personnel have agreed in writing to treat such Confidential Information under terms at least as restrictive as those herein. Each party agrees to take the necessary precautions to maintain the confidentiality of the other partys Confidential Information by using at least the same degree of car e as such party employs with respect to its own Confidential Information of a similar nature, but in no case less than a commercially reasonable standard of care to maintain confidentiality. The foregoing shall not apply to information that (1) was known by one party prior to its receipt from the other or is or becomes public knowledge through no fault of the recipient; or (2) is rightfully received by the recipient from a third party without a duty of confidentiality. If a recipient is required by a court or government agency to disclose Confidential Information, the recipient shall provide advance notice to other party before making such a disclosure. The obligations with respect to Confidential Information shall continue for two years from the date of disclosure. 4. Term; Termination. A. Term of this Agreement. This Agreement shall be effective from the Effective Date and shall continue until it is terminated as set forth below (the Term). B. Termination. Either party may terminate an individual Statement of Work hereunder if the other party commits a material breach of such agreement and the breach is not cured within 90 days of receipt of written notice from the injured party. PCFS Solutions may terminate this Agreement immediately, if (1) you fail to make any payment when due; (2) you are acquired by or merge with a competitor of PCFS Solutions; (3) you declare bankruptcy or are adjudicated bankrupt; or (4) a receiver or trustee is appointed for you or substantially all of your assets. Either party may terminate this agreement with (30) days written notice provided as set forth in Section 9(N). Upon termination of this Agreement, all rights and obligations of the parties under this Agreement and any accompanying Statements of Work will automatically terminate except for rights of action accruing prior to termination, payment obligations accruing pursuant to any Statements of Work, and any obligations that expressly or by implicatio n are intended to survive termination. 5. Proprietary Rights. You irrevocably acknowledge that, subject to the license granted herein or any separate license agreement referenced in Section 8 below, you have no ownership interest in the Software, the Materials, the methods by which the Professional Services are performed or the processes that make up the Professional Services (the PCFS Solutions IP). PCFS Solutions owns all right, title and interest in the PCFS Solutions IP, subject to any limitations associated with the intellectual property rights of third parties. PCFS Solutions reserves all rights not specifically granted herein. 6. Deliverables. Subject to payment in full for the applicable Professional Services, PCFS Solutions grants you a non-exclusive, non-transferable, royalty-free right to use the Deliverables solely in the country or countries in which you do business, solely for your internal use, and solely as necessary for you to enjoy the benefit of the Professional Services as stated in the applicable Statements of Work. PCFS Solutions and its applicable suppliers or licensors will retain exclusive ownership of all Deliverables, and will own all intellectual property rights, title and interest in any ideas, concepts, know-how, documentation and techniques associated with such Deliverables. 7. Suspension or Modification of Software or Professional Services. PCFS Solutions may suspend, terminate, withdraw or discontinue all or part of the Professional Services or your access or one or more users access to the Software upon receipt of a subpoena or law-enforcement request, or when PCFS Solutions believes, in its sole discretion, that you (or your users) have breached any term of this Agreement or an applicable Statement of Work or are involved in any fraudulent, misleading or illegal activities. 8. Software. A. Accompanying License. Software and Materials may be provided subject to a separate software license agreement, product guides, operating manuals or other documentation included with the software or presented to you during the installation or use of the Software. You agree to be bound by such license agreements. B. Software License from PCFS Solutions. If no license terms accompany the Software, then subject to your compliance with the terms set forth in this Agreement, PCFS Solutions hereby grants you a personal, nonexclusive license to access and use such Software only during the term of the Professional Services and solely as necessary for you to enjoy the benefit of the Professional Services as stated in the applicable Statement of Work. I. Restrictions. You may not copy, modify or create a derivative work, collective work or compilation of the Software, and may not reverse engineer, decompile or otherwise attempt to extract the code of the Software or any part thereof. You may not license, sell, assign, sublicense or otherwise transfer or encumber the Software; may not use the Software in your own delivery of managed-services to third-parties or in a service bureau arrangement; and may not use the Software in excess  of the authorized number of licensed seats for concurrent users, sites or other criteria specified in the applicable Statements of Work. In addition, Client may not access the Software or monitor its availability, performance or functionality, or for any other benchmarking or competitive purpose.You are further prohibited from (1) attempting to use or gain unauthorized access to PCFS Solutions networks or equipment; (2) permitting other individuals or entities to use the Software or copy the Software or Professional Services; (3) attempting to probe, scan or test the vulnerability of Software or a system, account or network of PCFS Solutions or any of its Clients or suppliers; (4) interfering or attempting to interfere with service to any user, host or network; (5) transmitting unsolicited bulk or commercial messages; (6) restricting, inhibiting or otherwise interfering with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Software (except for tools with safety and security functions); or (7) restricting, inhibiting, interfering with or otherwise disrupting or causing a performance degradation to any PCFS Solutions facilities used to deliver the Professional Services. II. Audit. You hereby grant PCFS Solutions, or an agent designated by PCFS Solutions, the right to perform an audit of your use of the Software during normal business hours; you agree to cooperate with PCFS Solutions in such audit; and you agree to provide PCFS Solutions with all records reasonably related to your use of the Software. The audit will be limited to verification of your compliance with the software licensing terms of this Agreement. 9. Additional Terms. A. Limited Warranty. PCFS SOLUTIONS WARRANTS THAT ITS SERVICES SHALL BE PERFORMED BY QUALIFIED PERSONNEL IN A MANNER CONSISTENT WITH GOOD PRACTICE IN THE INFORMATION TECHNOLOGY SERVICES INDUSTRY. IF PCFS SOLUTIONS BREACHES THIS WARRANTY, IT SHALL SUPPLY SERVICES TO CORRECT OR REPLACE THE WORK AT NO CHARGE. THE REMEDY SET FORTH IN THIS SECTION IS CLIENTS EXCLUSIVE REMEDY FOR BREACH OF WARRANTY. PCFS SOLUTIONS WARRANTS THAT IT HAS THE RIGHT TO GRANT THE LICENSES TO THE SOFTWARE LICENSED IN SECTION 8 ABOVE, AND SUCH SOFTWARE WILL SUBSTANTIALLY CONFORM TO THE FUNCTIONAL SPECIFICATIONS AND CURRENT DOCUMENTATION PROVIDED BY PCFS SOLUTIONS. THIS WARRANTY DOES NOT COVER SERVICE NOT PERFORMED OR AUTHORIZED BY PCFS SOLUTIONS (INCLUDING INSTALLATION OR DE-INSTALLATION), USAGE NOT IN ACCORDANCE WITH SOFTWARE INSTRUCTIONS, OR USE OF PARTS AND COMPONENTS NOT SUPPLIED OR INTENDED FOR USE WITH THE SOFTWARE OR SERVICES. EXCEPT AS EXPRESSLY STATED IN THE THIS SECTION 9(A), PCFS SOLUTIONS, (INCLUDING ITS AFFILIATES, CONTRACTORS, AND AGENTS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AND OFFICERS), ON BEHALF OF ITSELF AND ITS SUPPLIERS (COLLECTIVELY, THE PCFS SOLUTIONS PARTIES) MAKES NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO ANY OF THE SOFTWARE OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY (1) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY OR NON-INFRINGEMENT; (2) RELATING TO THIRD-PARTY PRODUCTS; (3) RELATING TO THE PERFORMANCE OF SOFTWARE OR PCFS SOLUTIONSS PERFORMANCE OF THE SERVICES OR WHETHER THE SOFTWARE OR SERVICES ARE SUITABLE FOR HIGH-RISK ACTIVITIES; OR (4) REGARDING THE RESULTS TO BE OBTAINED FROM THE SOFTWARE OR SERVICES OR THE RESULTS OF ANY RECOMMENDATION BY PCFS SOLUTIONS. B. Limitation of Liability. TO THE EXTENT PERMISSIBLE BY LAW, PCFS SOLUTIONS WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR SERVICES PROVIDED HEREUNDER. EXCEPT FOR YOUR BREACH OF SECTION 1.D.I. OR SECTION 8, OR ANY CLAIM BROUGHT PURSUANT TO SECTION 9(C), NEITHER PARTY SHALL HAVE LIABILITY FOR THE FOLLOWING: (1) LOSS OF REVENUE, INCOME, PROFIT OR SAVINGS; (2) LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF A SYSTEM OR NETWORK OR THE RECOVERY OF SUCH; (3) LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; (4) BUSINESS INTERRUPTION OR DOWNTIME; OR (5) DELIVERABLES OR THIRD-PARTY PRODUCTS NOT BEING AVAILABLE FOR USE. IN NO CIRCUMSTANCES, SHALL PCFS SOLUTIONSS TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO PCFS SOLUTIONS UNDER THE APPLICABLE STATEMENT OF WORK. THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHERWISE. THE PARTIES AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR PCFS SOLUTIONSS SALE OF SOFTWARE OR SERVICES TO CLIENT, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES. C. Indemnification. PCFS Solutions shall defend and indemnify you against any third-party claim or action that Software, Professional Services or Deliverables (excluding Third-Party Products and open source software) prepared or produced by PCFS Solutions and delivered pursuant to this Agreement infringe or misappropriate that third partys U.S. patent, copyright, trade secret, or other intellectual property rights (Indemnified Claims). In addition, if PCFS Solutions receives prompt notice of an Indemnified Claim that, in PCFS Solutionss reasonable opinion, is likely to result in an adverse ruling, then PCFS Solutions shall, at its option, (1) obtain a right for you to continue using such Software, Deliverables or allow PCFS Solutions to continue performing the Professional Services; (2) modify such Software, Professional Services or Deliverables to make them non-infringing; (3) replace such Software, Professional Services or Deliverables with a non-infringing equivalent; or (4) refund any pre-paid fees for the allegedly infringing Professional Services that have not been performed or provide a reasonable depreciated or pro rata refund for the allegedly infringing Product, Deliverables or Software. Notwithstanding the foregoing, PCFS Solutions shall have no obligation under this Section for any claim resulting or arising from (1) modifications of the Software, Professional Services, or Deliverables that were not performed by or on behalf of PCFS Solutions; (2) the combination, operation, or use of the Software, Professional Services or Deliverables in connection with a Third- Party Product (the combination of which causes the claimed infringement); or (3) PCFS Solutionss compliance with your written specifications or directions, including the incorporation of any software or other materials or processes provided by or requested by you. PCFS Solutionss duty to indemnify and defend under this Section 9.C. is contingent upon: (1) PCFS Solutions receiving prompt written notice an Indem nified Claim, (2) PCFS Solutions having the right to solely control the defense and resolution of such Indemnified Claim, and (3) your cooperation with PCFS Solutions in the defense and resolution of such Indemnified Claim. This Section 9.C. states Clients exclusive remedies for any third-party intellectual property claim or action, and nothing in this Agreement or elsewhere will obligate PCFS Solutions to provide any greater indemnity to Client. You shall defend and indemnify PCFS Solutions against any third-party claim or action arising out of (1) your failure to obtain any appropriate license, intellectual property rights, or other permissions, regulatory certifications, or approvals associated with technology or data provided by you, or associated with software or other components directed or requested by you to be installed or integrated as part of the Software, Professional Services or Deliverables; (2) your breach of this Agreement; (3) any inaccurate representation regarding the existence of an export license or any allegation made against PCFS Solutions due to your violation or alleged violation of applicable export laws, regulations, or orders; or (4) your providing of (or providing access to) Excluded Data (defined below) to PCFS Solutions. Each party shall defend and indemnify the other party against any third-party claim or action for personal bodily injury, including death, to the extent directly caused by the indemnifying partys gross negligence or willful misconduct in the course of performing its obligations under this Agreement. D. Independent Contractor Relationship; Assignment; Subcontracting. The parties are independent contractors. No provision of this Agreement will or shall be deemed to create an association, trust, partnership, joint venture or other entity or similar legal relationship between PCFS Solutions and Client, or impose a trust, partnership or fiduciary duty, obligation, or liability on or with respect to such entities. Neither party will have any rights, power or authority to act or create an obligation, express or implied, on behalf of another party except as specified in this Agreement. PCFS Solutions has the right to assign, subcontract or delegate in whole or in part this Agreement, or any rights, duties, obligations or liabilities under this Agreement, by operation of law or otherwise, provided that PCFS Solutions shall remain responsible for the performance of Professional Services under this Agreement. Otherwise, neither party may assign this Agreement, in whole or in part, without the permission of the other. E. Force Majeure. Neither party shall be liable to the other for any failure to perform any of its obligations (except payment obligations) under this Agreement during any period in which such performance is delayed by circumstances beyond its reasonable control, such as fire, flood, war, cyber warfare, including, but not limited to, Internet-based conflict and attacks on information systems designed to or resulting in the disabling of websites and networks, embargo, strike, riot or the intervention of any governmental authority (a Force Majeure). In such event, however, the delayed party must promptly provide the other party with written notice of the Force Majeure. The delayed partys time for performance will be excused for the duration of the Force Majeure, but if the Force Majeure event lasts longer than 30 days, then the other party may immediately terminate, in whole or in part, this Agreement or the applicable Statement of Work by giving written notice to the delayed party. G. Entire Agreement; Severability. This Agreement, together with any Statement of Work, is the entire agreement between you and PCFS Solutions with respect to its subject matter and supersedes all prior oral and written understandings, communications, or agreements between you and PCFS Solutions. No amendment to or modification of this Agreement, in whole or in part, will be valid or binding unless it is in writing and executed by authorized representatives of both parties. If any provision of this Agreement should be found to be void or unenforceable, such provision will be stricken or modified, but only to the extent necessary to comply with the law, and the remainder of this Agreement will remain in full force and will not be terminated. H. Governing Law. This Agreement, any related Statement of Work, and ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND PCFS SOLUTIONS, including their affiliates, contractors and agents, and each of their respective employees, directors and officers arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement) any related purchase (a Dispute) shall be governed by the laws of the State of California, without regard to conflicts of law. I. Venue. The parties agree that any Dispute shall be brought exclusively in the state or federal courts located in Orange County, California. Client and PCFS Solutions agree to submit to the personal jurisdiction of the state and federal courts located within Orange County, California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. J. Bench Trial. The parties agree to waive, to the maximum extent permitted by law, any right to a jury trial with respect to any Dispute. K. No Class Actions. NEITHER CLIENT NOR PCFS SOLUTIONS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CLIENTS, OR PURSUE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. L. Limitation Period. NEITHER PARTY SHALL BE LIABLE FOR ANY CLAIM BROUGHT MORE THAN TWO YEARS AFTER THE CAUSE OF ACTION FOR SUCH CLAIM FIRST AROSE. M. Dispute Resolution. Client and PCFS Solutions will attempt to resolve any Dispute through face-to-face negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mediator agreed to by the parties, rather than through litigation. The existence or results of any negotiation or mediation will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain from a state or federal court in Orange County a temporary restraining order, preliminary injunction, or other equitable relief to preserve the status quo, prevent irreparable harm, avoid the expiration of any applicable limitations period, or preserve a superior position with respect to other creditors, although the merits of the underlying Dispute will be resolved in accordance with this paragraph. In the event the parties are unable to resolve the Dispute within 30 days of notice of the Dispute to the other party, the parties shall be free to pursue all remedies available at l aw or in equity. N. Scope of Services. Subject to the terms and conditions of this Agreement, Company will perform those services (Services) with respect to the Company products separately purchased by Client (Company Commercially-Available Software) as set forth in one or supplemental document(s) (Statement of Work), attached hereto as Exhibit A and as amended and/or supplemented from time to time by the mutual written agreement of the parties and incorporated herein by reference. A Statement of Work will be, at a minimum, a written document that (i) references this Agreement, (ii) describes the Services to be performed (and if said Services shall include the creation of object code, such object Code is defined herein as Deliverable), (iii) specifies the corresponding rate schedule or other fee information, and (iv) is signed by both parties or is issued by one party and signed by the other party. Company will use commercially reasonable efforts to complete the Services by the applicable dates set forth in the attachment (Target Dates). O. Change Orders. Any changes to the scope of the Services must be made in writing and signed by both parties (Change Order) or if the Change Order is made via email to the other partys designated contact person, the receiving party will have five business days to reject the Change Order. If said rejection is not made within the 5 business day period, the Change Order is deemed mutually accepted. Each accepted Change Order will be incorporated herein by reference and subject to the terms and conditions of this Agreement. P. Execution This Agreement may be executed and delivered by facsimile/PDF and the parties agree that such facsimile execution and delivery will have the same force and effect as delivery of an original document with original signatures, and that each party may use such facsimile signatures as evidence of the execution and delivery of this Agreement by all parties to the same extent that an original signature could be used. IN WITNESS WHEREOF, the parties by their duly authorized representatives have executed this Agreement as of the Effective Date.

Software Piracy :: essays research papers fc

Software Piracy: A Worldwide Problem Software piracy is defined as the illegal copying of software for commercial or personal gain. Software companies have tried many methods to prevent piracy, with varying degrees of success. Several agencies like the Software Publishers Association and the Business Software Alliance have been formed to combat both worldwide and domestic piracy. Software piracy is an unresolved, worldwide problem, costing millions of dollars in lost revenue. Software companies have used many different copy protection schemes. The most annoying form of copy protection is the use of a key disk. This type of copy protection requires the user to insert the original disk every time the program is run. It can be quite difficult to keep up with disks that are years old. The most common technique of copy protection requires the user to look up a word or phrase in the program's manual. This method is less annoying than other forms of copy protection, but it can be a nuisance having to locate the manual every time. Software pirates usually have no trouble "cracking" the program, which permanently removes the copy protection. After the invention of CD-ROM, which until lately was uncopyable, most software companies stopped placing copy protection in their programs. Instead, the companies are trying new methods of disc impression. 3M recently developed a new technology of disc impression which allows companies to imprint an image on the read side of a CD-ROM. This technology would not prevent pirates from copying the CD, but it would make a "bootleg" copy differ from the original and make the copy traceable by law enforcement officials (Estes 89). Sometimes, when a person uses a pirated program, there is a "virus" attached to the program. Viruses are self-replicating programs that, when activated, can damage a computer. These viruses are most commonly found on pirated computer games, placed there by some malignant computer programmer. In his J anuary 1993 article, Chris O' Malley points out that if piracy was wiped out viruses would eventually disappear (O' Malley 60). There are ways that a thrifty consumer can save money on software without resorting to piracy. Computer companies often offer discounts on new software if a person has previously purchased an earlier version of the software. Competition between companies also drives prices low and keeps the number of pirated copies down (Morgan 45). People eventually tire or outgrow their software and decide to sell it.

Friday, July 19, 2019

Lena Horne Essay -- Essays Papers

Lena Horne Lena Horne was born on June 30, 1917 in Brooklyn, New York. Her parents were Teddy and Edna Scottron Horne. After her father left her at the age of two in order to pursue his gambling career; her mother leaving soon after that to pursue her acting career; she went to live with her grandparents. Through her grandparents influence she became involved with organizations like the NAACP, at an early age. In 1924 she went back to live with her mother, traveling and being schooled all over the state until she was fourteen. At the age of fourteen she decided to drop out of school and go to work. Because she was talented and light skinned it was not hard for her to find a job. She became a chorus girl in Harlem’s Cotton Club where blacks entertained a strictly all white crowd. At that time she was making about $25 a week. It was here that Lena got to meet and observe now famous artists such as Duke Ellington, Cab Calloway, Count Basie, Ethal Waters, and Billie Holiday. At the age of nineteen she met and married Louis Jones. Together they had two children Gail and Teddy (who later died in 1970 from kidney failure). While trying to get used to raising a family and having a career, she received a call from an agent, who had seen her at the Cotton Club, about a part in a movie. Her controlling husband allowed her to be in â€Å"The Duke is Tops† and also the musical revue â€Å"Blackbirds of 1939." When she finally got up the courage to leave Louis, he deiced to take her son away from her. She lost custody of Teddy when the divorce was final and has always regretted not fighting harder for her son. After her divorce she began singing with Noble Sissie’s Society Orchestra. Through out their tour she had to endure harsh racism having to sleep in tenement boarding houses, the bus and even once in circus grounds. Soon after that, she toured with Charlie Barnet’s Outfit and became the first African American to tour with an all white band. She was their feature singer and considers this to be the beginning of her success. Lena decided to head out to Hollywood and see what she could do out there. She began singing in the Trocadero Club where she met one of the most influential people in her life: Billy Strayhom. Billy Strayhom was the chief music-writer for Duke Ellington. Lena has always felt that she and he were soul mates, d... ...becoming the first Africa American to tour with an all white band and also the first African American women to sign a long-term contract with a major film studio. She was also an accomplished jazz singer. Recording songs such as: â€Å"The Lady and Her Music† and â€Å"The Best Things in Life Are Free.† Lena was a strong advocate of equal rights. he was a member of the NAACP, the National Council of Negro women and the Urban League. I think that she is a great pioneer of equal rights because she did it on her own terms and was not as forceful as some of the other advocates. She achieved equal rights and respect because of her grace, elegance and talent. Bibliography Magazines: Lena Town & Country, September ‘95, Vol. 149 issue 5184, page 128. Author: Jonathan Schwartz The Lady Lived The Blues Biography, February ‘98, Vol. 2 issue 2, page 62 Author: Beverly Lauderdale Lena Horne, Timeless as Ever Billboard, June ‘98, Vol. 110 issue 25, page 36 Author: Philip Booth Web Pages: www.amctv.com/behind/stars/horne.html www.amazon.com/exec/obidos/ASIN/B000006Q62/afrciangenesis www.geocities.com/BourbonStreet/Delta/6424

Thursday, July 18, 2019

Labyrinth of Suffering

â€Å"How will we ever get out of this labyrinth of suffering? † I believe suffering is something ones self is born with. When we give our first steps in this world we soon realize there is struggle and the struggle is ever lasting in ones life. Alaska Young was brought down with the suffering in her life. The labyrinth of her life dragged her down and the question of escaping the labryitnh would not leave her mind. She broke. Alaska got out of her labyrinth â€Å"straight and fast. † Maybe getting out of the labyrinth of suffering is forgiveness just like pudge believes.If one holds on to hatred and pain then it grows and it eats away your every whim. Pudge needed to answer this question not only for his class assement but he needed to answer it for himself. He knows as well as I do that Alaska is gone forever and he may never know why or how she died. Pudge knows that to get out of his labyrinth of suffereing he needs to forgive Alaska. He needs to forgive her to be a ble to continue mazing through the labrynth of his life. Pudge needs to forgive her to get to happiness.The answer to this question lingers in my mind,will I get out of this labryith of suffering? I am not sure at all. I know there is always a smile in darkness, and I can forgive and forget just as Pudge forgives Alaska. Maybe even after death there will still be the labryitnh of suffering. Or maybe after death the suffering ends. The first steps we give in death are probably not a struggle at all. Unlike Alaska I don’t want to find the answer just yet. I rather linger on it and learn or wonder. I will not find a way out â€Å"straight and fast. At some point in life â€Å"Everyone†¦gets dragged out to sea by the undertow†¦we are all going. † In other words, at some point in time we know we are going to die/suffer or someone we love and care for is going to die, how do we deal with this knowledge? Right now Miles’ answer is to believe in an afterlife, however Miles becomes enlightened and he changes his outlook on surviving the Labyrinth. Something similar to a parable/riddle is then introduced in the novel after Miles makes his inital decision about surviving the Labyrinth.The parable is: Banzan â€Å"Was walking through the market one day when he overheard someone ask a butcher for his best piece of meat. The butcher answered, â€Å"Everything in my shop is the best. You cannot find a piece of meat that is not the best. † Upon hearing this, Banzan realized that there is no best and no worst, that those judgments have no real meaning because there is only what is, and poof he reached enlightenment. † How does this relate to the central question of surviving the labyrinth of suffering?Well Alaska spent her life after her mom’s death thinking about the best and worst times in her life constantly. This parable is directly related to when Alaska suggested that they play the â€Å"Best Day/Worst Day† game when out camping with her friends. There she shares the worst day of her life that has overshadowed everything she did thereafter. The world religions teacher then introduces a zen belief that â€Å"Everything that comes together falls apart. † In other words death will happen†¦Ã¢â‚¬ we are all going†Ã¢â‚¬ ¦it is inevitable†¦therefore suffering will only cease when we stopped wishing things would not fall apart.Alaska could not do this and so she did not survive. She could not survive. The problem is not life but how much emphasis we put on disappointment, pain, and laying blame while trying to hold ourselves together; creating a sense of hopelessness. Miles then becomes truly enlightened when he realizes that the only way to survive the labyrinth of suffering is to forgive. When Alaska’s mother died she blamed and could not forgive herself for something that was out of her control and this is what caused her to self-destruct.Similarly, Miles blamed h imself for the death of Alaska as he felt he should have stopped her from getting in her car drunk†¦if only he had stopped her! This thought haunted him but then he realized: â€Å"She forgave us, and that we had to forgive to survive in the labyrinth. There were so many of us who would have to live with things done and things left undone that day. Things that did not go right, things that seemed okay at the time because we could not see the future. If only we could see the endless string of consequences that result from our smallest actions.But we can’t know better until knowing better is useless. † So I ask again: What is the best way to go about being a person? What are the rules of this game, and how might we best play it? How do we survive as oppsed to escape the labyrinth of suffering? According to Miles it is to forgive. Stop beating yourself up for elements of your life that are outside of your control such as death. Forgive yourself and others for the unf ortunate things that happen in life and accept what is.