Test Lab Agreement Nfc Forum-Books Pdf

Test Lab Agreement NFC Forum
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Program and ii at the time of such testing has been approved by NFC Forum and is identified. on the Approved Test Tool List, Approved Test Tool List means the list of Approved Test Tools appearing on the Website. Authorization means written authorization provided to Test Lab by NFC Forum indicating that. NFC Forum formally recognizes Test Lab as an Authorized Test Lab so long as such. Authorization has not expired or been revoked withdrawn suspended terminated or otherwise. invalidated, Authorized Test Lab means either a First Party Test Lab or a Third Party Test Lab. Authorized Test Lab Requirements means the then current version of or successor document. to the NFC Forum Authorized Test Lab Requirements document made available by NFC. Forum on the Website The current version of the Authorized Test Lab Requirements as of the. release date of this version of the Agreement is available at http www nfc. forum org members testing documents NFCForum Authorized Test Lab Requirements 1 0 pdf. First Party Test Lab means a company that at the time in question a has an in house testing. laboratory facility or facilities that is in compliance with the Requirements applicable to First. Party Test Labs and performs all Testing at such facility or facilities b either wholly. manufactures or is wholly owned and controlled by the manufacturer of the Devices being. tested by such facility c is in compliance with the terms and conditions of this Agreement and. all other Requirements applicable to First Party Test Labs and to Authorized Test Labs. generally and d has received Authorization of First Party Test Lab status from NFC Forum. which Authorization has not expired or been revoked withdrawn suspended terminated or. otherwise invalidated, NFC Forum Certification Policy means the then current version of or successor document to. the NFC Forum Certification Policy Rules and Procedures for the Certification Program. document made available by NFC Forum on the Website The current version of the NFC. Forum Certification Policy as of the release date of this version of the Agreement is available at. http certification nfc forum org nfc forum certification policy. Requirements means collectively a Test Lab s obligations responsibilities and duties. pursuant to this Agreement b the requirements rules policies and procedures generally. applicable to all Authorized Test Labs whether referred to as labs NFC Forum Authorized. Test Laboratories or otherwise as set forth in the Requirements Documents or otherwise. established by NFC Forum from time to time and c the requirements rules policies and. procedures generally applicable to Authorized Test Labs within the Applicable Lab Category as. set forth in the Requirements Documents or otherwise established by NFC Forum from time to. time in each case including but not limited to obligations responsibilities duties requirements. rules policies and procedures relating to NFC Forum Membership meeting attendance. insurance annual requalification lab accreditation and facilities disclosure and maintenance of. Testing results and records RF requirements audit and assessment requirements and. Certification Program requirements policies and procedures relating to quality assurance. remediation and Revocation, Requirements Documents means the Authorized Test Lab Requirements the NFC Forum. Certification Policy and all other documents published by NFC Forum from time to time in. connection with the Certification Program in each case as amended and in effect from time to. NFC Forum Authorized Test Lab Agreement Page 2 of 10. time and made available on the Website, Third Party Test Lab means a company that at the time in question a has a testing.
laboratory facility or facilities that is in compliance with the Requirements applicable to Third. Party Test Labs and performs all Testing at such facility or facilities b is in compliance with. the terms and conditions of this Agreement and all other Requirements applicable to Third Party. Test Labs and to Authorized Test Labs generally and c has received Authorization of Third. Party Test Lab status from NFC Forum which Authorization has not expired or been revoked. withdrawn suspended terminated or otherwise invalidated. Website means the NFC Forum Web site and accompanying pages and materials available at. http www nfc forum org, 2 Eligibility and Certification Program Compliance for all Labs. 2 1 Test Lab hereby acknowledges that is has received has read and understands. all of the Requirements Documents, 2 2 Test Lab hereby a represents and warrants that i it currently satisfies all of the. Requirements specified in the Authorized Test Lab Requirements that are required to be. satisfied in order to receive Authorization for the Applicable Lab Category and that ii all. information provided to NFC Forum in connection with this Agreement its application for. Authorization and the Certification Program is and shall be true accurate and complete in all. respects b agrees that it shall at all times satisfy and comply with all Requirements then in. effect and that all such Requirements shall apply to Test Lab s participation in the Certification. Program and c agrees to notify NFC Forum immediately in the event it fails to satisfy any such. Requirements, 2 3 Without limiting the generality of the foregoing Test Lab hereby agrees as. a Test Lab shall ensure at all times that it has the ability to perform Testing. of NFC Forum Functionality defined in the NFC Forum Certification Policy in accordance with. the Requirements Documents, b In performing Testing Test Lab shall use only Approved Test Tools and. shall perform all Testing in a professionally competent manner and in accordance with the. Requirements, c NFC Forum may add or remove Test Tools from the Approved Test Tools.
List at any time and from time to time and that NFC Forum shall have no obligation or liability to. Test Lab for removing any Test Tool from such list regardless of whether such removal occurs. after Test Lab has purchased or licensed such Test Tool. d NFC Forum may update amend and or establish new or additional. Requirements and or Specifications at any time in its sole discretion NFC Forum will post all. updates amendments or additional Requirements Documents on the Website and shall notify. Test Lab when any updated amended new or additional Requirements or Specifications shall. become effective at which time the same shall be binding upon Test Lab unless this Agreement. has been terminated, NFC Forum Authorized Test Lab Agreement Page 3 of 10. e If the Applicable Lab Category is Third Party Test Lab Test Lab shall not. enter into any agreement with its Testing services customers the terms or conditions of which. are inconsistent with any of the Requirements, f If the Applicable Lab Category is First Party Test Lab Test Lab shall not. make any claim or assertion of Testing or compliance with the Certification Program in. connection with the sale license distribution or other delivery of any product or service to a. third party except by reference to a final certification granted by NFC Forum. g If the Applicable Lab Category is First Party Test Lab Test Lab will only. perform Testing of Devices that are wholly owned or wholly manufactured by Test Lab or are. otherwise permitted to be subject to Testing by Test Lab pursuant to the Requirements. h If the Applicable Lab Category is First Party Test Lab and Test Lab is not. accredited under its national implementation of the accreditation standard s referenced for First. Party Test Labs in the Requirements Documents the Minimum Accreditation and a Device it. self tested for Certification Program purposes is found not to fulfill the Applicable Certification. Requirements as defined in the NFC Forum Certification Policy then Test Lab shall be. responsible for determining the reason for the failure of such Device to achieve certification. i If the failure is determined to be the result of a design or. development flaw then Test Lab shall follow the procedures from time to time specified in the. Requirements that are applicable to addressing such situation or. ii If Test Lab s Testing process is responsible for the failure then A. the Device in question shall only be resubmitted for certification to NFC Forum by Test Lab if. tested through a Third Party Test Lab in accordance with the NFC Forum Certification Policy. and B NFC Forum reserves the right subject to the interpretations and appeals processes. described in the NFC Forum Certification Policy to require Test Lab to use only Third Party Test. Labs for all future Testing of other products provided however that in such event Test Lab may. avoid such requirement by achieving and maintaining the Minimum Accreditation. 3 Confidentiality, 3 1 Disclosures The parties each hereby acknowledge that either may from time to. time in connection with the Certification Program disclose to the other certain commercially. valuable proprietary and confidential information and trade secrets with respect to its business. including without limitation information which may relate to its proprietary products services. technology processes drawings specifications programs models financial information and. projections formulae data know how developments designs improvements software. programs products marketing plans and strategies customer and supplier lists and or other. valuable business information and opportunities collectively Proprietary Information For. purposes of this Agreement all results documentation reports and other information generated. as a result of Testing shall be deemed to be and be treated as the Proprietary Information of. Test Lab the party disclosing Proprietary Information to the other in connection with the. Certification Program is referred to as the Disclosing Party and the party receiving such. information from the Disclosing Party is referred to as the Receiving Party. 3 2 Maintenance of Proprietary Information Each party acting as the Receiving. Party agrees to keep strictly confidential all Proprietary Information received by it from the. Disclosing Party and to use such Proprietary Information solely for the purpose of performing its. NFC Forum Authorized Test Lab Agreement Page 4 of 10. obligations under this Agreement and in connection with the Certification Program the. Permitted Purpose Each Receiving Party agrees that any and all Proprietary Information of. the Disclosing Party is and shall remain the proprietary and confidential information and. property of the Disclosing Party Without limiting the foregoing without the prior written consent. of the Disclosing Party a Receiving Party may not a use any of the Proprietary Information of. the Disclosing Party for any purpose other than the Permitted Purpose b use any of the. Proprietary Information of the Disclosing Party with or disclose any such Proprietary Information. to any third party except as set forth in this Agreement or c use any of the Proprietary. Information of the Disclosing Party for the Receiving Party s internal use or product. development purposes, Each Receiving Party agrees to use the same degree of care to maintain and protect. any and all Proprietary Information of the Disclosing Party as confidential and to prevent. disclosure of such Proprietary Information to any third party as it would to protect its own most. valuable confidential information Each Receiving Party shall use its best efforts to ensure. compliance with the restrictions set forth herein by its employees agents and representatives. having access to the Proprietary Information of the Disclosing Party and agrees not to provide. any portion of such Proprietary Information to any of its employees agents or representatives. who do not have a need to know such Proprietary Information in connection with any proposed. business relationship with the Disclosing Party, 3 3 Exceptions A Receiving Party s obligations hereunder shall not apply to any.
portion of a Disclosing Party s Proprietary Information a of which the Receiving Party. presently has knowledge or which is in the Receiving Party s possession on the date hereof and. of which it did not learn through its contact with the Disclosing Party previous to the date hereof. b which is presently publicly available or a matter of public knowledge generally or becomes. publicly known through no wrongful act of the Receiving Party c which is lawfully received by. the Receiving Party from a third party that is not under an non disclosure obligation to the. Disclosing Party or d disclosure of which is necessary to comply with law or the valid order or. requirement of a governmental agency or court of competent jurisdiction. 3 4 Copies Upon request of a Disclosing Party a Receiving Party shall within 10. days return all hard copies and delete all electronic copies of any Proprietary Information of the. Disclosing Party in the possession or control of the Receiving Party. 3 5 Enforcement Each Receiving Party acknowledges and agrees that a a. Disclosing Party shall not have an adequate remedy in the event that the Receiving Party. breaches this Agreement and that a Disclosing Party will suffer irreparable damage and injury in. such event b a Disclosing Party in addition to any other available rights and remedies shall. be entitled to an injunction restricting the Receiving Party from committing or continuing any. laboratory facility or facilities that is in compliance with the Requirements applicable to First Party Test Labs and performs all Testing at such facility or facilities b either wholly manufactures or is wholly owned and controlled by the manufacturer of the Devices being tested by such facility c is in compliance with the terms and conditions of this Agreement and all other

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