End User License Agreement
End User License Agreement (EULA)
BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT YOU HAVE NO RIGHTS TO THE SOFTWARE AND SHOULD NOT INSTALL, COPY, DOWNLOAD, ACCESS OR USE THE SOFTWARE.
The Software is protected by copyright laws as well as other intellectual property laws. The Software is licensed and not sold.
- Limited License.
- Grant of License. Subject to the terms and conditions of this Agreement, including the payment of all applicable fees, Modelobjects hereby grants to Licensee a personal, limited, nonexclusive, non-transferable (except as set forth in Section 9.11 below), non-assignable, revocable (for cause) license to: (a) Use the Software during the Subscription Term, subject to the applicable license type restrictions (as may be specified in an Order Form) and (b) the user manuals or on-line help files accompanying the Software (the “Documentation”), as may be revised from time to time. The license will terminate if Licensee fails to comply with any term or condition in this Agreement, including failure to pay associated fees when due.
For purposes of this Agreement:
(i) “Software” includes any updates, upgrades, enhancements, modifications, revisions, or additions to the Software made by Modelobjects. Notwithstanding the foregoing, Modelobjects shall be under no obligation to provide any updates, upgrades, enhancements, modifications, revisions, or additions to the Software unless generally made available to all its customers.
(ii) “Subscription Fee” means a fee for the license for the Subscription Term;
(iii) “Order Form” means Modelobjects’s online payments form or other document, for placing orders hereunder, which form is entered into between Licensee and Modelobjects and identifies the Software ordered by Licensee, including the license type, quantity and other information. Order Forms shall be deemed incorporated herein by reference; and
(iiii) “Subscription Term” means the period of time for which the license to the Software is valid as set forth in the applicable Order Form.
- Scope of Use. Licensee’s license to use the Software is conditioned on the following license restrictions, and any use of the Software in violation of any of these restrictions, or any of the other terms of this Agreement is a breach of this Agreement and is unlicensed. Licensee may install and use the Software solely as permitted by the license type purchased, which license type is specified in the applicable Order Form. Licensee agrees that the Software requires mandatory registration and activation. Licensee agrees to complete the registration process at Modelobjects’s web site. Licensee agrees to complete the activation process providing Modelobjects with accurate information. Licensee agrees that the license type may be bound by storage, model translation and other limits.
- Restrictions. Licensee’s use of the Software is limited to all usage restrictions as are set forth on an Order Form and as set forth herein. Modelobjects and its suppliers reserve any and all rights, implied or otherwise, which are not expressly granted to Licensee hereunder, and retain all rights, title and interest in and to the Software. Licensee shall not modify, adapt, distribute, resell, rent, lease or loan the Software or create or prepare derivative works based upon the Software or any part thereof. Licensee may not use the Software in contravention to any applicable laws or government regulations. Licensee shall not decompile, disassemble or otherwise reverse engineer the Software. If the immediately foregoing provision is prohibited by applicable law, Licensee shall provide Modelobjects with a detailed prior written notice of any such intention to reverse engineer the Software and shall provide Modelobjects with a right of first refusal to perform such work at rates equal to those proposed by a recognized third-party software services provider for such work. Licensee shall take all reasonable precautions to prevent unauthorized or improper use or disclosure of the Software.
- Authorized Users. The maximum number of Authorized Users shall be identified on the Order Form. Pricing includes use of the Software licensed hereunder by any Authorized Users. “Authorized Users” shall include the individuals and email addresses to which a Modelobjects subscription has been assigned during the ordering process.
- Use of Modelobjects Software:
- Access Rights. Authorized Users may access and use the Software during the applicable Subscription Term (defined below), subject to the terms and conditions of this Agreement. Only Authorized Users may use the Software, and only up to the permitted storage levels and number of model translations as defined on the applicable Order Form. All use of the Software must be in accordance with the relevant Modelobjects documentation and policies.
- Subscription and Renewals. Licensee may select the initial subscription term, which may be a month, year, or other mutually agreed period, at the time of purchase. Once the subscription term expires, it will automatically renew for successive terms of the same period unless either Licensee or Modelobjects notifies the other of non-renewal at least 1 day prior to the upcoming expiration date or Modelobjects ceases to make a particular Software available, in which case the notice period shall be not less than one (1) month. Renewals are charged at Modelobjects’s then-current rates unless otherwise agreed. “Subscription Term” means the initial term and any renewal term(s).
- Licensee’s Data. Unless otherwise specified, Licensee retains ownership of any data or other content or information that Licensee provides through the Software (as described below) (“Licensee’s Data”). Licensee’s use of the Software and all Licensee’s Data must comply with Licensee’s own privacy policies and all domestic, foreign and international laws and regulations, including those relating to data privacy, international communications, and the exportation of technical or personal data. Licensee is solely responsible for the accuracy, content and legality of all Licensee’s Data. Licensee agrees not to submit any content that is obscene, defamatory, libelous, threatening, harassing, pornographic, racially or ethnically offensive, that encourages conduct that would be considered a criminal offense or give rise to any civil liability. Licensee will not knowingly submit any material (including any virus, bot, worm, scripting exploit or other harmful code) that is likely to harm or corrupt the Software or any computer systems or data. Licensee represents and warrants to Modelobjects that, to the best of its knowledge, Licensee has sufficient rights in the Licensee Data to grant the rights in this section and that Licensee’s Data does not infringe the rights of any third party. To enable the provision of the Software, Licensee hereby grants to Modelobjects a non-exclusive, royalty-free license to use, store, reproduce and display Licensee’s Data solely as reasonably necessary to provide the services to Licensee.
- Storage Limits. Modelobjects may create or modify maximum storage limits for the Software at any time, in its discretion. Licensee’s storage plan shall be as set forth in the Order Form.
- Return of Licensee’s Data. After termination or expiration of a Subscription Term or this Agreement, unless it was for Licensee’s breach, at Licensee’s request, Modelobjects will use reasonable efforts to make available Licensee’s Data for download. If made available, Licensee must download Licensee’s Data within 30 days of termination or expiration. After that, Modelobjects may delete Licensee’s Data.
- Licensee’s Responsibility for Systems. Licensee is responsible for Licensee’s own Internet connection and must use software, systems and equipment compatible with the Software, as Modelobjects specifies in its published policies. Licensee agrees to: (1) protect Licensee’s password, applicable devices and account from all unauthorized use; and (2) be solely responsible for creating backup files of all data, including 2D, 3D or other design related data accessed by or used through the Software. While Modelobjects endeavors to perform frequent backups, Licensee agrees and acknowledges that Modelobjects is not liable for any damages relating to lost, corrupted or damaged data. Licensee agrees not to: (1) use the Software in a way that violates any applicable laws or regulations; (2) distribute viruses or other harmful or malicious computer code via the Software; (3) engage in any conduct that disrupts or impedes the Cloud Services; or (4) engage in “screen scraping,” “database scraping,” “data mining” or any other activity with the purpose of obtaining lists of users or other information from the Software or that uses web “bots” or similar data gathering or extraction methods.
- Maintenance, Support and Service Levels. Subscription pricing includes maintenance and support services.
- Intellectual Property and Confidentiality.
- Use Reporting, License Violations and Remedies. Modelobjects reserves the right, and Licensee authorizes Modelobjects, to gather data on key usage including user authentication, IP addresses or other applicable device identifier (including MAC address or UDID), domain counts and other information deemed relevant, to ensure that Modelobjects’s products are being used in accordance with the terms of this Agreement. Modelobjects reserves the right to remedy violations of any of the terms of this Agreement immediately upon discovery, by any means necessary including remotely disabling the Software upon reasonable advance notice to Licensee. Licensee agrees not to block, electronically or otherwise, the transmission of data required for compliance with this Agreement. Any blocking of data required for compliance under this Agreement is considered to be violation of this Agreement and will result in immediate termination of this Agreement pursuant to Section 5.
- Proprietary Rights to Software and Trademarks. The Software and the Documentation are proprietary to Modelobjects, and the Software and Documentation are protected under all applicable copyright and other intellectual property laws and international treaties. Licensee further acknowledges and agrees that, as between Licensee and Modelobjects, Modelobjects and its third party licensors own and shall continue to own all right, title, and interest in and to the Software and Documentation, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to Licensee herein, this Agreement does not grant Licensee any ownership or other right or interest in or to the Software or the Documentation or any other intellectual property rights of Modelobjects, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that Modelobjects uses in connection with the Software or with services rendered by Modelobjects are marks owned by Modelobjects. This Agreement does not grant Licensee any right, license, or interest in such marks, and Licensee shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
- Consent to Data Use. Licensee agrees that Modelobjects may collect and use technical data and related information, including but not limited to technical information about Licensee’s device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to Licensee (if any) related to the Software. Modelobjects may use this information, as long as it is in a form that does not personally identify Licensee or any Authorized Users, to operate, provide, improve, and develop Modelobjects’s products, services and technologies, to prevent or investigate fraudulent or inappropriate use of Modelobjects’s products, services, and technologies, for research and development, and for the other purposes described in this Agreement or to Licensee as part of our products and services. Modelobjects’s websites and online services may use “cookies,” which enable Licensee to personalize Licensee’s experience on Modelobjects’s sites and provide information to Modelobjects such as which websites have been visited and which ads and web searches are effective. If Licensee wants to disable cookies, check Licensee’s browser settings. Modelobjects may also use aggregate information to measure general Software usage patterns and characteristics of its user base and otherwise to improve its products and services, and may include such aggregate information about its audience in promotional materials or reports to third parties. This aggregate information will not reference names, phone numbers, email addresses, or other personally identifiable information, and it will be not traceable to a specific recipient or user email address
- Fees. Licensee shall pay Modelobjects the fees, charges and other amounts specified in an Order Form during the payments process in accordance with the terms of such Order Form. Licensee’s license to the Software will terminate automatically at the end of the currently pre-paid subscription period without notice if Licensee notifies Modelobjects in advance that Licensee does not intend to renew a term-based license or if Licensee fails to pay a renewal fee for a term-based license. The license fees paid by Licensee are paid in consideration of the license granted under this Agreement. License sales are final and Modelobjects does not refund license fees. By accepting this Agreement Licensee fully understands that once license fee payment is made to Modelobjects, Licensee will not be entitled to receive a refund of any part of the fees. The foregoing notwithstanding, Licensee shall be entitled to a refund of prorated fees paid during an applicable Term and shall have no liability for any additional fees for any remaining Term(s) in the event this Agreement is terminated for convenience by Modelobjects.
- Term and Termination. This Agreement is effective upon Licensee’s acceptance of the Agreement, or upon Licensee’s installing, accessing, and using the Software, even if Licensee has not expressly accepted this Agreement. This Agreement shall continue in effect until expiration or termination as provided herein (the “Term”). Term-based licenses terminate upon the expiration of the Subscription Term, unless Licensee has paid all applicable fees to extend the Subscription Term. Without prejudice to any other rights, this Agreement will terminate automatically without notice to Licensee if Licensee breaches or fails to comply with any of the limitations or other requirements described herein, including the payment of any applicable fees, and Licensee agrees that in any such case Modelobjects may, in addition to any other remedies it may have at law or in equity, remotely disable the Software. Licensee may terminate this License Agreement at any time by providing written notice of Licensee’s decision to terminate the Agreement to Modelobjects and ceasing use of the Software and Documentation. Upon any termination or expiration of the Agreement for any reason, Licensee agrees to uninstall the Software and either return to Modelobjects the Software, Documentation, all copies thereof, and all license keys that Licensee has obtained, or to destroy all such materials and provide written verification of such destruction to Modelobjects.
- Indemnification. Licensee will, at Licensee’s own expense, indemnify and hold Modelobjects, and all officers, directors, and employees thereof, harmless from and against any and all claims, actions, liabilities, losses, damages, judgments, grants, costs, and expenses, including reasonable attorneys’ fees (collectively, “Claims”), arising out of any use of the Software (as defined above) by Licensee, any party related to Licensee, or any party acting upon Licensee’s authorization in a manner that is not expressly authorized by this Agreement.
- Third Party Software. The Software may operate or interface with software or other technology that is licensed to Modelobjects from third parties, which is not proprietary to Modelobjects, but which Modelobjects has the necessary rights to license to Licensee. Licensee agrees that (a) Licensee will use such third party software in accordance with this Agreement, (b) no third party licensor makes any warranties, conditions, undertakings or representations of any kind, either express or implied, to Licensee concerning such third party software or the Software itself, (c) no third party licensor will have any obligation or liability to Licensee as a result of this Agreement or Licensee’s use of such third party software, (d) such third party software may be licensed under license terms which grant Licensee additional rights or contain additional restrictions in relation to such materials, beyond those set forth in this Agreement, and such additional license rights and restrictions are described or linked to in the applicable Documentation, the relevant Modelobjects web site, or within the Software itself. For the avoidance of any doubt, such additional rights and/or restrictions apply to the third party software on a standalone basis; nothing in such third party licenses shall affect Licensee’s use of the Software in accordance with the terms and conditions of this Agreement.
- Limited Warranty; Disclaimer; Limitation of Liability.
- Limited Software Performance Remedy. Licensee’s exclusive remedy and Modelobjects’s sole obligation for any failure of the Software to perform in all material respects in accordance with its Documentation will be for Modelobjects to use its commercially reasonable efforts to correct such non-conformance. Such remedy shall not apply to any defect resulting from misuse, casualty loss, use or combination of the Software with any products, goods, services or other items furnished by anyone other than Modelobjects (unless recommended by Modelobjects in writing), any modification not made by or for Modelobjects, or any use of the Software by Licensee in violation of the terms of this Agreement.
- WARRANTY DISCLAIMER. EXCEPT FOR THE SOLE LIMITED WARRANTY EXPRESSLY GRANTED TO LICENSEE IN SECTION 8.1, THE SOFTWARE AND DOCUMENTATION ARE LICENSED “AS IS,” AND MODELOBJECTS DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, TITLE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE FULLEST EXTENT AUTHORIZED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MODELOBJECTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND FOR THE THIRD PARTY SOFTWARE, AND DOES NOT WARRANT THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT ANY INFORMATION OR DATA STORED OR TRANSMITTED THROUGH THE SOFTWARE WILL NOT BE LOST, CORRUPTED OR DESTROYED. LICENSEE ASSUMES RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE LICENSEE’S INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM LICENSEE’S USE OF THE SOFTWARE. LICENSEE SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SOFTWARE. MODELOBJECTS USES A THIRD PARTY DATA CENTER TO HOST PARTS OF THE SOFTWARE. LICENSEE ACKNOWLEDGES THAT MODELOBJECTS DOES NOT CONTROL THE TRANSFER OF DATA OVER SUCH THIRD PARTY FACILITIES, INCLUDING THE INTERNET, AND THAT THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH THIRD PARTY FACILITIES. MODELOBJECTS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
- LIMITATION OF LIABILITY. WITH THE EXCEPTION OF (1) INDEMNIFICATION OBLIGATIONS UNDER SECTION 6 ABOVE, OR (2) CLAIMS BROUGHT BY A THIRD-PARTY AGAINST EITHER PARTY RELATING TO (i) PERSONAL INJURY, DEATH OR DAMAGE TO TANGIBLE OR REAL PROPERTY; OR (3) LICENSEE’S BREACH OF SECTION 3.3 (CONFIDENTIALITY), ALL OF WHICH SHALL REMAIN UNLIMITED, NEITHER PARTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, SHALL BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER IN CONTRACT (INCLUDING INSURANCE), OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), INCLUDING LOSS OF USE OF OR UNDER-UTILIZATION OF LABOR OR FACILITIES, LOSS OF REVENUE OR ANTICIPATED PROFITS, OR CLAIMS FROM CUSTOMERS, ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THIS AGREEMENT. EXCEPT AS OTHERWISE SET FORTH IN SECTION 8.3 ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY’S ENTIRE LIABILITY TO THE OTHER PARTY WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY LICENSEE TO MODELOBJECTS UNDER THIS AGREEMENT.
- CERTAIN LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OR EXCLUSION OF CERTAIN TYPES OF WARRANTIES, DAMAGES, OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO LICENSEE, BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION 8 SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
- General Terms
- Feedback. If Licensee provides any ideas, feedback, suggestions, materials, information, opinions, or other input to Modelobjects (“Feedback”), regardless of any accompanying communication, Modelobjects has no obligation to review, consider, or implement Licensee’s Feedback, all such submissions are made on a non-confidential basis, Modelobjects and its successors and assigns have an unconditional and unlimited right to use, reproduce, modify, and disclose such Feedback without any compensation or attribution, and Licensee waives and agrees not to assert any so-called “moral rights” Licensee may have in the Feedback. The parties hereby agree that any and all Feedback shall not include any personally identifiable information.
- Governing Law and Choice of Forum. This Agreement shall be governed by and interpreted in accordance with the laws of the Netherlands, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this Agreement shall be resolved exclusively by the Court of the Netherlands. To the maximum extent permitted by law, Licensee hereby consents to the jurisdiction and venue of such court and waive any objections to the jurisdiction or venue of such court. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
- Severability. If any part of this Agreement is held unenforceable, the validity of all remaining parts will not be affected.
- Survival. Articles 3, 6, 8, and 9 of this Agreement and all Sections thereof, shall survive the termination or expiration of this Agreement, regardless of the cause for termination or expiration, and shall remain valid and binding indefinitely.
- No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
- Taxes. Licensee shall, in addition to the license fees required under this Agreement, pay all applicable sales, use, transfer, or other taxes and all duties, whether national, state, or local, however designated, that are levied or imposed by reason of the transaction contemplated under this Agreement, excluding income taxes on the net profits of Modelobjects. Licensee shall reimburse Modelobjects for the amount of any such taxes or duties paid or incurred directly by Modelobjects as a result of this transaction.
- Export Controls. Licensee hereby agrees that (i) Licensee will comply with all applicable Sanctions and Export Control Laws and (ii) are solely responsible for ensuring that the Software is used, disclosed and/or transported only in accordance with all applicable Sanctions and Export Control Laws. For purposes of this Agreement, “Sanctions and Export Control Laws” means any law, regulation, statute, prohibition, or wider measure applicable to the Software and/or to either party relating to the adoption, application, implementation and enforcement of economic sanctions, export controls, trade embargoes or any other restrictive measures.
- United States Government Use Rights. The Software as defined herein and any related technical data, including manuals and Documentation, are commercial as defined in the Federal Acquisition Regulation (FAR) at 2.101. If the Software is acquired by or on behalf of an agency, department, or other entity of the U.S. Government (“Government”), the use, duplication, reproduction, release, modification, disclosure, or transfer (“use”) of the Software, and any related technical data of any kind, including manuals and Documentation, no matter how received by the Government, is restricted by the terms and conditions of this Agreement in accordance with FAR 12.212 for civilian agencies, and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. All other use is prohibited.
- Governing Language. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.
- Notices. Any notices required to be given to Modelobjects or any questions concerning this Agreement should be addressed to Modelobjects at Laurentiden 12, 1567 KM Assendelf, the Netherlands or by visiting Modelobjects’s website at http://www.modelobjects.io
- No Assignment. Except to the extent transfer may not legally be restricted, Licensee will not assign this Agreement or any right or obligation herein or delegate any performance without Modelobjects’s prior written consent, which consent will not be unreasonably withheld. The foregoing notwithstanding, Licensee may assign this Agreement to an Affiliate or successor in interest without Modelobjects’s approval. Any other attempted assignment or transfer by Licensee will be void. Modelobjects may assign this Agreement without limitation. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
- Entire Agreement. This Agreement and any Order Form accepted by Licensee or Modelobjects that references this Agreement (which is hereby incorporated herein by this reference), completely and exclusively state the entire agreement of the parties regarding the subject matter herein, and it supersedes, and its terms govern, all prior proposals, agreements, or other communications between the parties, oral or written, regarding such subject matter. No Reseller or Modelobjects dealer or agent is authorized to make any amendment to this Agreement.
- Relation Between Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third-party beneficiaries to this Agreement.
- Purchases through Resellers. In the event Licensee purchases licenses to the Software (and any renewals thereof) through an authorized reseller of Modelobjects, the terms and conditions of this Agreement shall apply and supersede any other agreement except for any terms and conditions related to, pricing, payment or taxes. Such terms and conditions shall be negotiated solely by and between Licensee and such authorized Reseller. In the event Licensee ceases to pay the Reseller, or terminates Licensee’s agreement with the Reseller, Modelobjects shall have the right to terminate Licensee’s access to the Software at the end of the currently pre-paid subscription period to which the licensee had subscribed and without prior written notice to Licensee unless Licensee and Modelobjects have agreed otherwise in writing.
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Who we share your data with and how long we retain it
How long we retain your data
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Where we send your data
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