2B0-104 basics - Enterasys Certified Internetworking Engineer(ECIE) Updated: 2024 | ||||||||||||||||||||||||||||||||||
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Exam Code: 2B0-104 Enterasys Certified Internetworking Engineer(ECIE) basics January 2024 by Killexams.com team | ||||||||||||||||||||||||||||||||||
Enterasys Certified Internetworking Engineer(ECIE) Enterasys Internetworking basics | ||||||||||||||||||||||||||||||||||
Other Enterasys exams2B0-011 ES Router Configuration2B0-015 ES Wireless 2B0-018 ES Dragon IDS 2B0-020 ES NetSight Atlas 2B0-023 ES Advanced Dragon IDS 2B0-100 ESE Recertification 2B0-101 ESSE Recertification 2B0-102 Enterasys Security Systems Engineer-Defense 2B0-103 Enterasys Security Systems Engineer-NAC 2B0-104 Enterasys Certified Internetworking Engineer(ECIE) 2B0-202 ES Net Sight Atlas | ||||||||||||||||||||||||||||||||||
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Enterasys 2B0-104 Enterasys Certified Internetworking Engineer(ECIE) https://killexams.com/pass4sure/exam-detail/2B0-104 Question: 62 As defined in NetSight Policy Managers demo.pmd file, the Application Provisioning - Supplemental service is designed to: A. Discard malicious traffic B. Prioritize mission critical traffic by provisioning on-demand QoS C. Discard unsupported protocols D. Rate limit traffic associated to DoS attacks Answer: B Question: 63 When deploying static policy to the network,: A. The NetSight Policy configuration must be enforced to the policy-capable devices before policy roles are assigned to ports B. The Phased Implementation Approach should be used to minimize inadvertent negative impact to business-critical applications on the network C. Updating the policy configuration across the entire network requires enforcing the altered policy configuration in NetSight Policy Manager and then reassigning the altered policy roles to device ports D. A and B Answer: D Question: 64 In the deployment of static policy on the network, a policy-capable device, such as the Matrix N-series,: A. Classifies ingressed traffic on the network B. Centrally defines and pushes out the policy configuration for the network C. Periodically updates the policy configuration in NetSight Policy Manager D. Maintains periodic contact with other policy-capable switches on the network Answer: A Question: 65 Port Groups can be used in NetSight Policy Manager to: A. Group ports based on location B. Group ports based on speed 19 C. Group ports based on whether untrusted users have physical access to these ports D. All of the above Answer: D Question: 66 When configuring a highly restrictive policy role in NetSight Policy Manager with the highest level of security, such as the Quarantine policy, the default access control setting for the policy role should be set to: A. Deny B. Allow C. Redirect to a remediation server D. CoS Priority 0 Answer: A Question: 67 Which of the following services, as defined by demo.pmd in NetSight Policy Manager, protects the network from Denial of Service attacks on the network? A. Deny Unsupported Protocol Access service B. Deny DoS Attacks service C. Limit Exposure to DoS Attacks service D. Application Provisioning - AUP service Answer: C Question: 68 Which of the following services, as defined by demo.pmd in NetSight Policy Manager, reduces network congestion by removing legacy protocols from the network such as IPX? A. Deny Unsupported Protocol Access service B. Deny Spoofing & other Administrative Protocols service C. Threat Management service D. Limit Exposure to DoS Attacks service Answer: A Question: 69 20 As defined in NetSight Policy Managers demo.pmd file, the Guest Access policy role is associated to: A. No services B. The Deny Spoofing & Other Administrative Protocols service only C. The Deny Unsupported Protocol Access service only D. All services grouped under the Secure Guest Access service group Answer: D Question: 70 A new virus has been identified on the Internet causing an infected system to listen to TCP port X for allowing remote connections to the infected device. Since port X is used for a business-critical application on the network, the network administrator can most effectively protect his/her network without severely impacting business continuity by configuring and enforcing policy to the Active Edge that: A. Discards traffic destined to TCP port X B. Discards traffic sourced from TCP port X C. Prioritizes traffic destined or sourced to TCP port X to a lower priority with rate limiting D. Discards traffic sourced or destined to TCP port X Answer: C Question: 71 In a multi-vendor environment, where is the placement of a policy capable device most effective in discarding malicious traffic and protecting the entire network: A. At the access layer edge B. At the distribution layer C. In the DMZ D. In the core Answer: A Question: 72 A network administrator has identified that a new operating system installed on a large number of end devices on the network natively supports IPv6 as well as IPv4, and these end systems attempt to communicate over IPv4 and IPv6 by default. To improve the network utilization efficiency and avoid reconfiguring each individual 21 end system, to which service would the network administrator most likely add a drop IPv6 traffic classification rule? A. Deny Unsupported Protocol Access service B. Deny Spoofing & other Administrative Protocols service C. Threat Management service D. Limit Exposure to DoS Attacks service Answer: A Question: 73 A Policy Profile: A. Defines a collection of classification rules and default packet handling logic B. Maps to an organizational role within the enterprise for the allocation of network resources C. May be assigned to multiple ports on a device D. All of the above Answer: D Question: 74 As defined in NetSight Policy Managers demo.pmd file, the Guest Access policy role should be assigned to ports where: A. Only IT operations may access the network B. Only trusted users may access the network C. Trusted users may access the network as well as untrusted users D. The Guest Access policy role should only be dynamically assigned to ports as a result of successful authentication Answer: C Question: 75 As defined in NetSight Policy Managers demo.pmd file, the Enterprise Access policy role is associated to: A. No services B. The Deny Spoofing & Other Administrative Protocols service only C. The Deny Unsupported Protocol Access service only D. All services grouped under the Acceptable Use Policy service group 22 Answer: D 23 For More exams visit https://killexams.com/vendors-exam-list Kill your exam at First Attempt....Guaranteed! | ||||||||||||||||||||||||||||||||||
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| From the early formation of letters to crafting an essay, writing involves perhaps more subskills than any other academic task. To write well requires combining multiple physical and mental processes in one concerted effort to convey information and ideas. They must, for instance, be able to move a pen, or depress a key, precisely and fluidly to render letters, remember rules of grammar and syntax, place their thoughts in an order that makes sense, and think ahead to what they want to write next. Try it yourself. Experience a graphomotor difficulty. This combination of tasks makes writing the highest form and most complex use of language. And as children progress through school, they are asked to do more with this skill than with any other except reading. Writing requirements increase across the curriculum -- from homework assignments and classwork to journals, note taking, quizzes, tests, and papers. Even standardized tests are moving toward fewer multiple-choice questions and more answers in the form of short paragraphs and essays. Try it yourself. Experience an essay assignment. Most of us write with relative ease when they jot notes to friends and loved ones. The more complex or important a writing task is, however, the more likely it is that the ease and fluidity they experience with simpler writing tasks will disappear. Writing an important letter or a company report, they may question their word choice and tone, and anxiously check and recheck to make sure what we've written makes sense. It is probably no accident that many adults choose jobs that limit the amount of writing they have to do. Children, on the other hand, have no such luxury. They write nearly every day they are in school, from first grade on. And the accuracy, speed, and sophistication with which they write deeply impacts what they ultimately achieve scholastically. Because writing is so integral to a child's success or failure in school, identifying writing problems early is essential. The Developing WriterLearning to write, like learning to read or to play a musical instrument, is generally a sequential process. Children progress as writers from one phase to the next, with one set of skills building on the skills acquired earlier. Writing, however, combines many skills, and relies on development in many areas not specific to writing. A child's fine motor control and vocabulary, for example, must Improve in order for her writing to progress normally. Teachers follow the development of their students relative to established developmental milestones for each age and grade.Stages of WritingIn his book Developmental Variation and Learning Disorders, Dr. Mel Levine identifies six stages of writing development. Below is a list of those stages and some skills that characterize them.Imitation (preschool to first grade)In this phase children:
Graphic Presentation (first and second grades)In this phase children:
Progressive Incorporation (late second to fourth grade)In this phase children:
Automatization (fourth to seventh grade)In this phase children:
Elaboration (seventh to ninth grade)In this phase children:
Personalization-Diversification (ninth grade and beyond)In this phase children:
Neurodevelopmental FunctionsWriting skills develop hand in hand with neurodevelopmental functions. Five key functions -- graphomotor, attention, language, memory, and higher-order cognition -- are outlined below.GraphomotorGraphomotor function refers to the ability to use muscles in the fingers and hands to form letters easily and legibly and to maintain a comfortable grip on a writing instrument. This function plays an important role in maneuvering a pen or pencil and allowing the fingers to keep pace with the flow of ideas.AttentionAttention plays an important role in all stages of writing. This task often demands considerable mental energy and focus over long periods of time. Writers must not only preview what they want to convey as they put their ideas on paper, but also continually self-monitor to stay on track.LanguageLanguage is an essential ingredient of writing. The ability to recognize letter sounds, comprehend words and their meanings, understand word order and grammar to construct sentences, and describe or explain ideas all contribute to a child's ability to write clearly.MemoryMemory ability has a significant impact on writing. The rate at which children generate ideas must coincide with their retrieval of necessary vocabulary, spelling, and prior knowledge. When organizing essays, writers must be able to think about a topic, draw upon facts and concepts, and sequence ideas and facts in the right order.Higher-Order CognitionIn the upper grades, writing relies on higher-order cognitive functions. Assignments often require students to generate original and creative ideas while integrating spelling, grammar, and punctuation rules. By early adolescence, many written assignments demand critical thinking skills and conceptual ability such as evaluating opposing arguments and drawing conclusions.
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| How technology can help accommodate kids' differences Learning disabilities, by definition, limit a person's potential to learn. In school, these problems can stand like roadblocks in the way of a child's ability to understand information and ideas, and to master skills that otherwise would be well within his or her grasp. A child who cannot copy a homework assignment quickly enough may leave class with only partial instructions and a great deal of frustration and anxiety. Another child may struggle endlessly to put just a few thoughts on paper, no matter how clearly he has conceived those and many other great ideas in his mind. While children with writing disabilities may always struggle with these barriers, they can find ways around them. Computers are providing some of these avenues. Word processing technology has had probably the greatest influence on kids with learning disabilities, especially those who struggle with writing. Word processors allow kids who physically struggle to print words on paper to type their work and to make frequent changes or major revisions with far less effort. They also allow kids who normally have problems with legibility or spelling to produce neat, spell-checked copies of their work. Many kids, however, struggle in ways that cannot be helped by word processors alone. A child whose spelling is so poor as to be unrecognizable will benefit little from a standard spell-check tool. Another child might find it nearly impossible to understand words she reads, while she grasps most everything she hears. Fortunately, there are computer tools that can help in some cases like these. word prediction software - helps kids who struggle with spelling by providing a list of words to choose from based on the first few letters they type voice recognition systems - translate speech into written text, allowing a child to say what she wants to write speech synthesis software - translates written text into speech, allowing a child to listen to textual information instead of reading it planning and organizing software - provides a clear structure in which to organize thoughts and ideas prior to writing (Find more information on assistive technologies in Resources.) While these technologies can provide learning-disabled students with a more efficient way of communicating their ideas, they all have limitations. The most obvious of these shortcomings is that the technologies alone seem to have little or no positive effect on children's long-term skill level. This means, for instance, that using word-prediction software alone will not help a student become a better speller when he's not using the program. But accommodations like this in conjunction with other strategies can Improve skills.
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| Through a new partnership between the two vendors, InMon's Traffic Server provides a front-end interface that enables customers to tap into the traffic data collected by Enterasys routers through NetFlow, a traffic accounting protocol developed by Cisco Systems, said Mark Pearce, router product marketing manager at Enterasys, Andover, Mass. The combination of Traffic Server and X-Pedition routers can help customers Improve both network performance and security, Pearce said. "We're auditing all of the traffic that flows across the network, and they have the capability to know who is on the network and what they are using it for," he said. The InMon Traffic Server identifies bottlenecks that create network congestion, which are often caused by misuse of the network or malicious attacks, said Sonia Panchen, director of marketing at InMon, San Francisco. "We take you from a guesswork situation to having specific data about who is causing a problem and what they are doing," Panchen said. The products are not currently offered as a bundle, though channel partners can combine the two products to create bundled solutions for customers, Panchen said. "This definitely would be a nice tool for us to have," said Amir Sohrabi, executive vice president of Managed Solutions Planning Xperts, a solution provider and Enterasys partner based in Arlington, Va. "Customers want to optimize their networks, figure out where they are bleeding--where usage is too high," Sohrabi said. For Enterasys channel partners, InMon Traffic Server could create new service opportunities and help differentiate them from their competitors, Pearce said. Enterasys hopes the partnership will help it nab market share from Cisco, Pearce said. In the future, the vendor plans to incorporate some of its stand-alone security offerings--such as VPN, intrusion detection and firewall--into its routers, he said. "2010 was a very good year for Enterasys, and really set the stage for 2011," said Bill Przybylinski, director of North America channels and distribution at Enterasys. "We want to motivate partners to acquire new customers and become fully enabled and self-sufficient." Enterasys' 2011 Advantage Program adds a new partnership tier, Diamond, through which partners can receive Enterasys' highest available discounts, particularly if they bring new customers to the company. In addition to the discounts, Diamond partners also receive the most market development funds (MDF), priority prequalified lead assignment preference for opportunities that require advanced capabilities, and two free presale technical specialization classes. Diamond partners have annual revenue requirement of $1.5 million in Enterasys business. Twenty percent of that, or $300,000, is required to come from new customers and new deals, which Enterasys defines as customers who have not purchased from the vendor in the past 24 months. Diamond partners are also required to have at least three Enterasys-certified sales reps and three technical specializations. Requirements for Enterasys' lower tiers, Platinum and Gold, are respectively $1 million in revenue with $150,000 in new customer deals and $500,000 in revenue with $50,000 in new customer deals. The Registered level, its entry-level partner tier, continues to offer basic reseller privileges like eligibility for special pricing and access to the partner portal. Overall, Enterasys now defines deals in every categories as "new customer, new deal," "existing customer" and "prequalified lead," with partner discounts successively lower depending on deal type and partnership level. The pre-sales technical specialization courses are also new. Many VARs already earn a percentage off of Enterasys' list price if they buy through Enterasys' distributors, Tech Data and Synnex. At a Diamond level, however, a partner that registers a new customer deal where the partners have uncovered the opportunity and it's been approved by Enterasys' sales support can receive up to an additional 20 percent off list pricing, or between 6 and 8 percent if it's an existing account or pre-qualified lead. Enterasys is also promising deal protection against volume-centric partners, Przybylinski said. "We have some partners that vary in size, and they do have relationships with DMRs," he said. "But the partners have the best pricing offered on products. If a CDW wants to come in and register the opportunity, its registration will be rejected if it has already been registered to a partner." Enterasys has already named nine Diamond partners in North America. The company's goal is to grow revenues by 20 percent this year, and hopes to double its business in select areas like wireless networking. "Our sales team is their partner community. They have a high touch model," he said. "That's how they scale their company: with the right partners." Enterasys remains an underdog, especially in its primary networking and data center businesses, to the Ciscos, Junipers and Dells of the world. But has spent much of the past year focused on versatile products and aggressive incentives to help enable Enterasys partners to push its wares. Enterasys in July 2008 was merged with Siemens Enterprise Communications as part of a joint venture between Siemens and the Gores Group, which was also Enterasys' previous owner and now controls a 51 percent stake in the parent company. In the past, there had been talk about Enterasys' partner programs and products being absorbed into the Siemens brand, but according to Przybylinski, the programs will remain separate, even though Siemens and Enterasys will both provide resources for larger partners that sell both Enterasys products and the broader Siemens line card. "We look at partners together that have the desire and the need to build a complete portfolio, but their programs are separate," he explained. "But those partners with which they can show some synergy can receive a high return on their investment with us." A covered call involves a seller offering buyers a call option at a set price and expiration date on a security that the seller owns. Professional market players write covered calls to boost investment income. Individual investors can also benefit from the conservative but effective covered call option strategy by taking the time to learn how it works and when to use it. Read on for more about a covered call and the ways that it can enhance income, lower portfolio risk, and Improve investment returns. Key Takeaways
What Is a Covered Call?You are entitled to several rights as a stock or futures contract owner, including the right to sell the security at any time for the market price. Covered call writing sells this right to someone else in exchange for cash, meaning the buyer of the option gets the right to purchase your security on or before the expiration date at a predetermined price called the strike price. A call option is a contract that gives the buyer the legal right (but not the obligation) to buy shares of the underlying stock or one futures contract at the strike price at any time on or before expiration. If the seller of the call option also owns the underlying security, the option is considered "covered" because they can deliver the instrument without purchasing it on the open market at possibly unfavorable pricing. If the contract is not a covered call, it is called a naked call, used to generate a premium without owning the underlying asset. Covered Call VisualizationIn the diagram below, the horizontal line is the security's price, and the vertical line is the profit or loss potential. The dots on the profit or loss potential line indicate the amount of profit or loss the covered call seller might experience as the price moves. On the horizontal price line, the seller would break even when the price intersects a profit or loss potential of zero. The contract seller will likely set the strike price at the point they think the price will intersect the profit potential limit, indicated by the blue dot on the price line. Profiting from Covered CallsThe buyer pays the seller of the call option a premium to obtain the right to buy shares or contracts at a predetermined future price (the strike price). The premium is a cash fee paid on the day the option is sold and is the seller's money to keep, regardless of whether the option is exercised. A covered call is therefore most profitable if the stock moves up to the strike price, generating profit from the long stock position. Covered calls can expire worthless (unless the buyer expects the price to continue rising and exercises), allowing the call writer to collect the entire premium from its sale. If the covered call buyer exercises their right, the call seller will sell the shares at the strike price and keep the premium, profiting from the difference in the price they paid for the share and the selling price plus the premium. However, by selling the share at the strike price, the seller gives up the opportunity to profit from further share price increases. When to Sell a Covered CallWhen you sell a covered call, you get paid in exchange for giving up a portion of future upside. For example, assume you buy XYZ stock for $50 per share, believing it will rise to $60 within one year. You're also willing to sell at $55 within six months, giving up further upside while taking a short-term profit. In this scenario, selling a covered call on the position might be an attractive strategy. The stock's option chain indicates that selling a $55 six-month call option will cost the buyer a $4 per share premium. You could sell that option against your shares, which you purchased at $50, and hope to sell at $60 within a year. Writing this covered call creates an obligation to sell the shares at $55 within six months if the underlying price reaches that level. You get to keep the $4 in premium plus the $55 from the share sale, for a total of $59, or an 18% return over six months. On the other hand, you'll incur a $10 loss on the original position if the stock falls to $40—the buyer will not exercise the option because they can buy the stock cheaper than the contract price. However, you get to keep the $4 premium from the sale of the call option, lowering the total loss from $10 to $6 per share.
Advantages of Covered CallsSelling covered call options can help offset downside risk or add to upside return, taking the cash premium in exchange for future upside beyond the strike price plus premium during the contract period. In other words, if XYZ stock in the example closes above $59, the seller earns less return than if they held the stock. However, if the stock ends the six-month period below $59 per share, the seller makes more money or loses less money than if the options sale hadn't taken place. Risks of Covered CallsCall sellers have to hold onto underlying shares or contracts or they'll be holding naked calls, which have theoretically unlimited loss potential if the underlying security rises. Therefore, sellers need to buy back options positions before expiration if they want to sell shares or contracts, increasing transaction costs while lowering net gains or increasing net losses. Frequently Asked QuestionsWhat Are the Main Benefits of a Covered Call?The main benefits of a covered call strategy are that it can generate premium income, boost investment returns, and help investors target a selling price above the current market price. What Are the Main Drawbacks of a Covered Call?The main drawbacks of a covered call strategy are the risk of losing money if the stock plummets (in which case the investor would have been better off selling the stock outright rather than using a covered call strategy) and the opportunity cost of having the stock "called" away and forgoing any significant future gains in it. Is There a Risk If I Sell the Underlying Stock Before the Covered Call Expires?Yes, this can be a huge risk, since selling the underlying stock before the covered call expires would result in the call now being "naked" as the stock is no longer owned. This is akin to a short sale and can generate unlimited losses in theory. Should I Write a Covered Call on a Core Stock Position with Large Unrealized Gains That I Wish to Hold for the Long Term?It might not be advisable to do so since selling the stock may trigger a significant tax liability. In addition, if the stock is a core position you wish to hold for the long term, you might not be too happy if it is called away. The Bottom LineYou can use covered calls to decrease the cost basis or to gain income from shares or futures contracts. When you use one, you're adding a profit generator to stock or contract ownership. Like any strategy, covered call writing has advantages and disadvantages. If used with the right stock, covered calls can be a great way to reduce your average cost or generate income. Buoyancy Basics Back to Buoyancy Brainteasers When you place a block of wood in a pail of water, the block displaces some of the water, and the water level goes up. If you could weigh the water that the wood displaces, you would find that its weight equals the weight of the wood. This doesn't mean that if you had a few blocks of wood that were exactly the same size and shape, they would each displace the same amount of water. A block of wood made of oak, for example, sits deeper in the water (and therefore displaces more of the water) than does a block of pine. The reason is that it's heavier for its size, or denser—in this case, the molecules that make it up are more closely packed together than the molecules that make up the pine. If you could somehow keep increasing the density of the block, it would sink lower and lower into the water. When its density increased enough to displace an amount of water whose weight was equal to the weight of the block, it would, in a sense, become weightless in the water. Making the block just slightly denser would cause it to sink to the bottom. Stories in the Timber | Explore the Shipwreck | Who Owns Lost Ships? Editor's Picks | Previous Sites | Join Us/E-mail | TV/Web Schedule About NOVA | Teachers | Site Map | Shop | Jobs | Search | To print PBS Online | NOVA Online | WGBH © | Updated November 2000 Bull riding is unpredictable, riveting to watch and can be extremely dangerous for competitors. Bull riding has been dubbed "the most dangerous eight seconds in sports" and rightfully so. The sports' roots come from Mexico, where it first began in the 1600s. It wasn't until the 1800s that it started to become popular in the United States. ‘LAST COWBOY STANDING’: BEHIND-THE-SCENES FOOTAGE SHOWS GRUELING PHYSICAL TOLL ON BULL RIDERS A common misconception about bull riding is that it only takes place in southern states. While that is where the sport's popularity mainly lies, Professional Bull Riders (PBR) has tours that travel throughout the country, so you can get the experience of watching live. Competitions are also broadcast, so viewers can watch from home. Rules for the rideThe general rules for riding a bull are pretty simple. Riders must hold the rope with one hand and keep their other in the air while sitting atop a bull. If, at any time, the free hand touches the bull or any part of the rider's body, no points are awarded for the ride. A rider must remain mounted on the bucking bull for at least eight seconds to earn any points. This may seem speedy, but it drags on for a rider or audience member. For riders who are able to stay on the bull for eight seconds, judges provide their score. Up to 100 points can be awarded, 50 for the rider and 50 for the bull. MECHANICAL BULL-RIDING LESSON ON FOX SQUARE About the bullsThe bulls used for riding are specifically bred for competition. They range from 1,200 to 2,000 pounds and have a typical lifespan of 15 years. These bulls will usually start to compete when they are 3 to 4 years old and will continue to compete for two to four years. Professional Bull RidersPBR, which is headquartered in Pueblo, Colorado, is the top league in the sport. According to PBR's website, the league was founded in 1992 by 20 bull riders who wanted to get the sport more mainstream attention. To do so, they each invested $1,000 of their own money. "We wanted to create a better product for the fans, so that when they tuned in they were seeing the best of the best every time," said PBR co-founder and nine-time World Champion Ty Murray, per PBR's website. "Those expectations have been exceeded immensely, and the fact that this sport continues to grow is a gratifying notion, one that supports all the hard work and dedication of every member of the PBR." CLICK HERE FOR MORE SPORTS COVERAGE ON FOXNEWS.COM Now, there are more than 800 members who have PBR membership, according to the site, with more than 200 events each year. The top competition in the PBR is the "Unleash the Beast" tour, which runs from November to May. Riders are eligible for membership when they are 18 years old. Once an individual gains eligibility, they can compete in different tours where they can earn points to qualify for "Unleash the Beast." PBR events are held in the United States, Canada, Australia and Brazil. Bull-riding teamsBull-riding teams were launched in 2022 as part of the Camping World Team Series. Eight teams participate in an 11-event season that runs opposite "Unleash the Beast." CLICK HERE TO GET THE FOX NEWS APP The 2023 team championship in Las Vegas was won by the Texas Rattlers. Dangers of bull ridingBull riding is an extremely dangerous sport in which injuries run rampant. There have been a few deaths in competitions. In 2019, rider Mason Lowe died from injuries at a Denver event where a bull stomped on his chest. In 2021, Amadeu Silva was killed at an event in California when he got caught underneath a bull. The Associated Press contributed to this report. Distribution agreements are the lifeblood of all film companies, which live or die based on the provisions of these agreements. This article discusses some of the key issues to consider for any distribution agreement. Rights. Distribution rights granted can be broken down into the issues discussed below: Term. The first key issue is determining when the grant of rights starts, with the choices being upon signature, delivery, payment of a minimum guarantee, or initial release. This issue is important because a current grant of rights typically precludes any intervening interference with the rights, such as by the subsequent grant of a security interest or the attachment of a judgment lien against the licensor. Termination is usually stated as occurring a number of years after the start date, often with a limited extension if the licensee has not recouped a minimum guarantee. A contentious issue is whether the licensor can terminate the term if the licensee defaults in making any required payments. Holdbacks. If the grant of rights is not worldwide, distribution agreements often contain provisions requiring one or both parties to holdback release of the film in particular media or territories in order to respect initial release dates or release windows of the other party. Territory. Typically, the territory is defined by reference to particular countries, including the military installations, ships, and airlines flying the flag of those countries. For internet distribution, it is critical to require either (a) the film to be dubbed in the local language or (b) the use of technology that restricts access to people within a given territory, referred to as geo-filtering. Caution must be exercised in the terminology used for the territory; for example, “North America” oddly does not include Mexico but does include the Caribbean. Language. Given the ability of films to easily cross borders one way or another, language restrictions are often the only meaningful restriction on rights. A typical language restriction requires the licensee to exploit the film only dubbed or subtitled in a particular language, while preventing the licensor from granting those rights to third parties. Media. Perhaps the most important issue is carefully identifying the media granted, which can include theatrical, non-theatrical (airlines, campuses, and military installations), free broadcast, cable, physical media (e.g., DVDs), and all manner of video on demand (“VOD”), including get to own, subscription VOD ("SVOD"), and ad supported VOD ("AVOD"). Problematic issues include who owns (a) ancillary rights, such as soundtrack rights, music publishing rights, novelization rights, stage play rights, and merchandising, (b) virtual reality and metaverse rights, (c) media yet to be devised, and (d) derivative rights. Exclusivity. Most licensees want exclusive rights, and most distribution agreements are expressly exclusive. If the agreement is silent on the point, the interpretation will depend on custom and practice in the industry for the particular rights granted (which in most cases would make the grant exclusive). Right to Sublicense and Assign. In a critically important case, the Ninth Circuit held that a license under copyright (such as for films) cannot be assigned by the licensee without the consent of the licensor unless the license specifically permits it. Thus, a distribution agreement should expressly contain a grant of the right to sublicense and assign the licensed rights, or the licensee may find itself unable to effectively exploit the rights. Payments. Simply for want of a better gauge, most minimum guarantees are calculated as a fixed percentage of the budget for the film. Payment is typically made upon delivery of the film to the licensee, and the battle is over what constitutes delivery, which can range all the way from written notice that the material is available to forty pages of detailed requirements with arbitration of disputes. In addition to minimum guarantees, there are often contingent payments that can be based on box office results, awards for the film, or the gross receipts or net profit of the licensee, although these payments have dried up for films licensed to streamers. Many countries require the licensee to withhold taxes on any payments, including minimum guarantees and contingent payments. To minimize withholding, it is common for both parties to use an intermediary in a country that has favorable treaties and to run the license back-to-back through the intermediary. Licensee Protections. Licensees can take protective steps by making all payments conditioned on (a) approval of chain of title, (b) full delivery of the film, and (c) the film conforming to various representation and warranties, such as the screenplay, budget, director, and actors. Licensor Protections. Licensors can take protective steps by having the right to terminate the grant of rights if the licensee breaches the obligation to make payments and to carefully define the grant of rights (e.g., term, territory, media, etc.) to avoid disputes later. Conclusion. Distribution agreements create a relationship between the licensor and licensee with many opportunities for ambiguity and disputes. More important than the written agreement is the character of the parties. Each party should know and trust the other party or risk proving the proficiency of the distribution agreement through litigation. Microtubules: the basics Microtubules are major components of the cytoskeleton. They are found in all eukaryotic cells, and they are involved in mitosis, cell motility, intracellular transport, and maintenance of cell shape. Microtubules are composed of alpha- and beta-tubulin subunits assembled into linear protofilaments. A single microtubule contains 10 to 15 protofilaments (13 in mammalian cells) that wind together to form a 24 nm wide hollow cylinder. Microtubules are structures that can rapidly grow (via polymerization) or shrink (via depolymerization) in size, depending on how many tubulin molecules they contain. | ||||||||||||||||||||||||||||
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