2021 FORD EXPLORER service

1. Safe and Lawful Use
You acknowledge that devoting attention
to the TeleNav Software may pose a risk
of injury or death to you and others in
situations that otherwise require your
undivided attention, and you therefore
agree to comply with the following when
using the TeleNav Software:
(a) observe all traffic laws and otherwise
drive safely;
(b) use your own personal judgment while
driving. If you feel that a route suggested
by the TeleNav Software instructs you to
perform an unsafe or illegal maneuver,
places you in an unsafe situation, or directs
you into an area that you consider to be
unsafe, do not follow such instructions;
(c) do not input destinations, or otherwise
manipulate the TeleNav Software, unless
your vehicle is stationary and parked;
(d) do not use the TeleNav Software for
any illegal, unauthorized, unintended,
unsafe, hazardous, or unlawful purposes,
or in any manner inconsistent with this
Agreement;
(e) arrange all GPS and wireless devices
and cables necessary for use of the
TeleNav Software in a secure manner in
your vehicle so that they will not interfere
with your driving and will not prevent the
operation of any safety device (such as an
airbag).
You agree to indemnify and hold TeleNav
harmless against all claims resulting from
any dangerous or otherwise inappropriate
use of the TeleNav Software in any moving
vehicle, including as a result of your failure
to comply with the directions above.
2. Account Information
You agree: (a) when registering the
TeleNav Software, to provide TeleNav with
true, accurate, current, and complete
information about yourself, and (b) to
inform TeleNav promptly of any changes
to such information, and to keep it true,
accurate, current and complete.
3. Software License
•
Subject to your compliance with the
terms of this Agreement, TeleNav
hereby grants to you a personal,
non-exclusive, non-transferable license
(except as expressly permitted below
in connection with your permanent
transfer of the TeleNav Software
license), without the right to
sublicense, to use the TeleNav
Software (in object code form only) in
order to access and use the TeleNav
Software. This license shall terminate
upon any termination or expiration of
this Agreement. You agree that you will
use the TeleNav Software only for your
personal business or leisure purposes,
and not to provide commercial
navigation services to other parties.
3.1 License Limitations
• (a) reverse engineer, decompile,
disassemble, translate, modify, alter
or otherwise change the TeleNav
Software or any part thereof;
(b)
attempt to derive the source code,
audio library or structure of the
TeleNav Software without the prior
express written consent of TeleNav;
(c)
remove from the TeleNav
Software, or alter, any of TeleNav's or
its suppliers' trademarks, trade names,
logos, patent or copyright notices, or
other notices or markings;
(d)
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HERE holds a non-exclusive license from
the United States Postal Service® to
publish and sell ZIP+4® information.
©United States Postal Service® 2014.
Prices are not established, controlled or
approved by the United States Postal
Service®. The following trademarks and
registrations are owned by the USPS:
United States Postal Service, USPS, and
ZIP+4
The Data for Mexico includes certain data
from Instituto Nacional de Estadística y
Geografía.
9.2 End User Terms Required by NAV2
(Shanghai) Co., Ltd
The data (“Data
”) is provided for your
personal, internal use only and not for
resale. It is protected by copyright, and is
subject to the following terms and
conditions which are agreed to by you, on
the one hand, and NAV2 (Shanghai) Co.,
Ltd (“NAV2”) and its licensors (including
their licensors and suppliers) on the other
hand. 20xx. All rights reserved
Terms and Conditions
Permitted Use. You agree to use this Data
together with the Telenav Software solely
for the internal business and personal
purposes for which you were licensed, and
not for service bureau, time-sharing or
other similar purposes. Accordingly, but
subject to the restrictions set forth in the
following paragraphs, you agree not to
otherwise reproduce, copy, modify,
decompile, disassemble, create any
derivative works of, or reverse engineer any
portion of this Data, and may not transfer
or distribute it in any form, for any purpose,
except to the extent permitted by
mandatory laws. Restrictions. Except where you have been
specifically licensed to do so by Telenav,
and without limiting the preceding
paragraph, you may not use this Data (a)
with any products, systems, or applications
installed or otherwise connected to or in
communication with vehicles, capable of
vehicle navigation, positioning, dispatch,
real time route guidance, fleet
management or similar applications; or (b)
with or in communication with any
positioning devices or any mobile or
wireless-connected electronic or computer
devices, including without limitation
cellular phones, palmtop and handheld
computers, pagers, and personal digital
assistants or PDAs.
Warning. The Data may contain
inaccurate or incomplete information due
to the passage of time, changing
circumstances, sources used and the
nature of collecting comprehensive
geographic data, any of which may lead to
incorrect results.
No Warranty.
This Data is provided to you
“ as is, ” and you agree to use it at your own
risk. Telenav and its licensors (and their
licensors and suppliers) make no
guarantees, representations or warranties
of any kind, express or implied, arising by
law or otherwise, including but not limited
to, content, quality, accuracy,
completeness, effectiveness, reliability,
fitness for a particular purpose, usefulness,
use or results to be obtained from this
Data, or that the Data or server will be
uninterrupted or error-free.
Disclaimer of Warranty:
TELENAV AND
ITS LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) DISCLAIM
ANY WARRANTIES, EXPRESS OR IMPLIED,
OF QUALITY, PERFORMANCE,
MERCHANTABILITY, FITNESS FOR A
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NOTICE OF USE
CONTRACTOR (MANUFACTURER/ SUPPLIER) NAME: HERE
CONTRACTOR (MANUFACTURER/
SUPPLIER) ADDRESS: c/o Nokia, 425
West Randolph Street, Chicago, Illinois 60606
This Data is a commercial item as
defined in FAR 2.101 and is subject to
these End-User Terms under which this Data was provided.
© 1987 – 2014 HERE – All rights reserved.
If the Contracting Officer, federal
government agency, or any federal official
refuses to use the legend provided herein,
the Contracting Officer, federal
government agency, or any federal official
must notify HERE prior to seeking
additional or alternative rights in the Data. I. US/Canada Territory A. United States Data. The End-User
Terms for any Application containing
Data for the United States shall contain
the following notices: “HERE holds a non-exclusive license
from the United States Postal
Service® to publish and sell ZIP+4®
information. ”
“©United States Postal Service®
20XX. Prices are not established,
controlled or approved by the United
States Postal Service®. The following
trademarks and registrations are
owned by the USPS: United States
Postal Service, USPS, and ZIP+4. ”B. Canada Data. The following provi-
sions apply to the Data for Canada,
which may include or reflect data from
third party licensors (“Third Party
Data
”), including Her Majesty the Queen
in Right of Canada (“Her Majesty ”),
Canada Post Corporation (“Canada
Post”) and the Department of Natural
Resources of Canada (“NRCan ”):
1. Disclaimer and Limitation: Client
agrees that its use of the Third Party
Data is subject to the following provi-
sions: a. Disclaimer: The Third Party Data
is licensed on an “as is” basis. The
licensors of such data, including Her
Majesty, Canada Post and NRCan,
make no guarantees, representa-
tions or warranties respecting such
data, either express or implied,
arising by law or otherwise, including
but not limited to, effectiveness,
completeness, accuracy or fitness
for a particular purpose.
b. Limitation on Liability: The Third
Party Data licensors, including Her
Majesty, Canada Post and NRCan,
shall not be liable: (i) in respect of
any claim, demand or action, irre-
spective of the nature of the cause
of the claim, demand or action
alleging any loss, injury or damages,
direct or indirect, which may result
from the use or possession of such
Data; or (ii) in any way for loss of
revenues or contracts, or any other
consequential loss of any kind
resulting from any defect in the
Data.
547
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II. Mexico. The following provision applies
to the Data for Mexico, which includes
certain data from the Instituto Nacional
de Estadística y Geografía (“INEGI”):
A. Any and all copies of the Data and/or
packaging containing Data for Mexico
shall contain the following notice:
“Fuente: INEGI (Instituto Nacional de
Estadística y Geografía)”
III. Latin America Territory A. Third Party Notices. Any and all copies
of the Data and/or packaging relating
thereto shall include the respective Third
Party Notices set forth below and used
as described below corresponding to
the Territory (or portion thereof)
included in such copy: Notice
Territory
IGN “INSTITUTO
GEOGRAFICO NACIONAL
ARGENTINO”
Argen-
tina
“INSTITUTO GEOGRAFICO
MILITAR DEL ECUADOR
AUTORIZACION N° IGM-
2011-01- PCO-01 DEL 25 DE
ENERO DE 2011”
Ecuador
“source: © IGN 2009 - BD
TOPO ®”
“Fuente: INEGI (Instituto
Nacional de Estadística y
Geografía)”
Guade-
loupe,
French
Guiana
and
Marti-
nique
Mexico
IV. Middle East Territory A. Third Party Notices. Any and all copies
of the Data and/or packaging relating
thereto shall include the respective Third
Party Notices set forth below and used
as described below corresponding to
the Territory (or portion thereof)
included in such copy:
Notice
Country
“© Royal Jordanian
Geographic Centre ”. The
foregoing notice requirement
for Jordan Data is a material
term of the Agreement. If
Client or any of its permitted
Jordan
sublicensees (if any) fail to
meet such requirement,
HERE shall have the right to
terminate Client’ s license
with respect to the Jordan
Data.
B. Jordan Data. Client and its permitted
sublicensees (if any) are restricted from
licensing and/or otherwise distributing
HERE’ s database for the country of
Jordan (“ Jordan Data ”) for use in Enter-
prise Applications to (i) non-Jordanian
entities for use of the Jordan Data solely
in Jordan or (ii) Jordan-based customers.
In addition, Client, its permitted subli-
censees (if any) and End-Users are
restricted from using the Jordan Data in
Enterprise Applications if such party is
(i) a non-Jordanian entity using the
Jordan Data solely in Jordan or (ii) a
Jordan-based customer. For purposes
of the foregoing, “Enterprise Applica-
tions” shall mean Geomarketing applic-
ations, GIS applications, mobile business
asset management applications, call
center applications, telematics applica-
tions, public organization Internet
applications or for providing geocoding
services.
549
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Product incorporates data which is ©
20XX Telstra Corporation Limited, GM
Holden Limited, Intelematics Australia
Pty Ltd and Continental Pty Ltd.
B. Third Party Notices for Australia. In
addition to the foregoing, the End-User
Terms for any Application containing
RDS-TMC Traffic Codes for Australia
shall contain the following notice:
“Product incorporates traffic location
codes which is © 20XX Telstra Corpora-
tion Limited and its licensors. ”
AT&T Vehicle Network Carrier
Telematics Disclosure
END USER FOR PURPOSES OF THIS
SECTION MEANS YOU AND YOUR HEIRS,
EXECUTORS, LEGAL PERSONAL
REPRESENTATITVES AND PERMITED
ASSIGNS. FOR PURPOSES OF THIS
SECTION “UNDERLYING WIRELESS
SERVICE CARRIER” INCLUDES ITS
AFFILIATES AND CONTRACTORS AND
THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, SUCCESSORS
AND ASSIGNS. END USER HAS NO
CONTRACTUAL RELATIONSHIP WITH
THE UNDERLYING WIRELESS SERVICE
CARRIER AND END USER IS NOT A THIRD
PARTY BENEFICIARY OF ANY
AGREEMENT BETWEEN FORD AND
UNDERLYING CARRIER. END USER
UNDERSTANDS AND AGREES THAT THE
UNDERLYING CARRIER HAS NO LEGAL,
EQUITABLE, OR OTHER LIABILITY OF ANY
KIND TO END USER. IN ANY EVENT,
REGARDLESS OF THE FORM OF THE
ACTION, WHETHER FOR BREACH OF
CONTRACT, WARRANTY, NEGLIGENCE,
STRICT LIABILITY IN TORT OR
OTHERWISE, END USER'S EXCLUSIVE
REMEDY FOR CLAIMS ARISING IN ANY
WAY IN CONNECTION WITH THIS
AGREEMENT, FOR ANY CAUSE
WHATSOEVER, INCLUDING BUT NOT
LIMITED TO ANY FAILURE OR DISRUPTION OF SERVICE PROVIDED
HEREUNDER, IS LIMITED TO PAYMENT
OF DAMAGES IN AN AMOUNT NOT TO
EXCEED THE AMOUNT PAID BY END USER
FOR THE SERVICES DURING THE
TWO-MONTH PERIOD PRECEDING THE
DATE THE CLAIM AROSE.
(ii) END USER AGREES TO INDEMNIFY
AND HOLD HARMLESS THE UNDERLYING
WIRELESS SERVICE CARRIER AND ITS
OFFICERS, EMPLOYEES, AND AGENTS
AGAINST ANY AND ALL CLAIMS,
INCLUDING WITHOUT LIMITATION
CLAIMS FOR LIBEL, SLANDER, OR ANY
PROPERTY DAMAGE, PERSONAL INJURY
OR DEATH, ARISING IN ANY WAY,
DIRECTLY OR INDIRECTLY, IN
CONNECTION WITH THIS AGREEMENT
OR THE USE, FAILURE TO USE, OR
INABILITY TO USE THE DEVICE EXCEPT
WHERE THE CLAIMS RESULT FROM THE
UNDERLYING CARRIER’
S GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT.
THIS INDEMNITY WILL SURVIVE THE
TERMINATION OF THE AGREEMENT.
(iii) END USER HAS NO PROPERTY RIGHT
IN ANY NUMBER ASSIGNED TO THE
DEVICE.
(iv) END USER UNDERSTANDS THAT
FORD AND THE UNDERLYING CARRIER
CANNOT GUARANTY THE SECURITY OF
WIRELESS TRANSMISSIONS, AND WILL
NOT BE LIABLE FOR ANY LACK OF
SECURITY RELATING TO THE USE OF THE
SERVICES
THE SERVICE IS FOR [END USER’ S] USE
ONLY AND END USER MAY NOT RESELL
THE SERVICE TO ANY OTHER PARTY END
USER UNDERSTANDS THAT THE
UNDERLYING CARRIER DOES NOT
GUARANTEE ANY END USER
UNINTERRUPTED SERVICE OR
COVERAGE. THE UNDERLYING CARRIER
DOES NOT WARRANT THAT END USERS
CAN OR WILL BE LOCATED USING THE
SERVICE. THE UNDERLYING CARRIER
552
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MAKES NO WARRANTY, EXPRESS OR
IMPLIED, OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE,
SUITABILITY, OR PERFORMANCE
REGARDING ANY SERVICES OR GOODS,
AND IN NO EVENT SHALL AT&T BE
LIABLE, WHETHER OR NOT DUE TO ITS
OWN NEGLIGENCE, FOR ANY: (A) ACT OR
OMISSION OF A THIRD PARTY; (B)
MISTAKES, OMISSIONS, INTERRUPTIONS,
ERRORS, FAILURES TO TRANSMIT,
DELAYS, OR DEFECTS IN THE SERVICE
PROVIDED BY OR THROUGH THE
UNDERLYING CARRIER; (C) DAMAGE OR
INJURY CAUSED BY SUSPENSION OR
TERMINATION BY THE UNDERLYING
CARRIER; OR (D) DAMAGE OR INJURY
CAUSED BY A FAILURE OR DELAY IN
CONNECTING A CALL TO ANY ENTITY,
INCLUDING 911 OR ANY OTHER
EMERGENCY SERVICE. TO THE FULL
EXTENT ALLOWED BY LAW, THE END
USER RELEASES, INDEMNIFIES AND
HOLDS THE UNDERLYING CARRIER
HARMLESS FROM AND AGAINST ANY
AND ALL CLAIMS OF ANY PERSON OR
ENTITY FOR DAMAGES OF ANY NATURE
ARISING IN ANY WAY FROM OR RELATING
TO, DIRECTLY OR INDIRECTLY, SERVICES
PROVIDED BY THE UNDERLYING CARRIER
OR ANY PERSON’
S USE THEREOF,
INCLUDING CLAIMS ARISING IN WHOLE
OR IN PART FROM THE ALLEGED
NEGLIGENCE OF THE UNDERLYING
CARRIER.
VII. China Territory
Personal Use Only
You agree to use this Data together with
[insert name of Client Application] for the
solely personal, non-commercial purposes
for which you were licensed, and not for
service bureau, time-sharing or other
similar purposes. Accordingly, but subject
to the restrictions set forth in the following
paragraphs, you may copy this Data only
as necessary for your personal use to (i) view it, and (ii) save it, provided that you
do not remove any copyright notices that
appear and do not modify the Data in any
way. You agree not to otherwise reproduce,
copy, modify, decompile, disassemble or
reverse engineer any portion of this Data,
and may not transfer or distribute it in any
form, for any purpose, except to the extent
permitted by mandatory laws.
Restrictions
Except where you have been specifically
licensed to do so by NAV2 , and without
limiting the preceding paragraph, you may
not (a) use this Data with any products,
systems, or applications installed or
otherwise connected to or in
communication with vehicles, capable of
vehicle navigation, positioning, dispatch,
real time route guidance, fleet
management or similar applications; or (b)
with or in communication with any
positioning devices or any mobile or
wireless-connected electronic or computer
devices, including without limitation
cellular phones, palmtop and handheld
computers, pagers, and personal digital
assistants or PDAs. You agree to cease
using this Data if you fail to comply with
these terms and conditions.
Limited Warranty
NAV2 warrants that (a) the Data will
perform substantially in accordance with
the accompanying written materials for a
period of ninety (90) days from the date
of receipt, and (b) any support services
provided by NAV2 shall be substantially as
described in applicable written materials
provided to you by NAV2, and NAV2’
s
support engineers will make commercially
reasonable efforts to solve any problem
issues.
553
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Customer Remedies
NAV2 and its suppliers’
entire liability and
your exclusive remedy shall be, at NAV2’ s
sole discretion, either (a) return of the price
paid, if any, or (b) repair or replacement of
the Data that do not meet NAV2’ s Limited
Warranty and that are returned to NAV2
with a copy of your receipt. This Limited
Warranty is void if failure of the Data has
resulted from accident, abuse, or
misapplication. Any replacement Data will
be warranted for the remainder of the
original warranty period or thirty (30) days,
whichever is longer. Neither these remedies
nor any product support services offered
by NAV2 are available without proof of
purchase from an authorized international
source.
No Other Warranty:
EXCEPT FOR THE LMITED WARRANTY
SET FORTH ABOVE AND TO THE EXTENT
PERMITTED BY APPLICABLE LAW, NAV2
AND ITS LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) DISCLAIM
ANY WARRANTIES, EXPRESS OR IMPLIED,
OF QUALITY, PERFORMANCE,
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OWNERSHIP OR
NON-INFRINGEMENT. Certain warranty
exclusions may not be permitted under
applicable law, so to that extent the above
exclusion may not apply to you.
Limited Liability:
TO THE EXTENT PERMITTED BY
APPLICABLE LAW, NAV2 AND ITS
LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) SHALL NOT
BE LIABLE TO YOU: IN RESPECT OF ANY
CLAIM, DEMAND OR ACTION,
IRRESPECTIVE OF THE NATURE OF THE
CAUSE OF THE CLAIM, DEMAND OR
ACTION ALLEGING ANY LOSS, INJURY OR
DAMAGES, DIRECT OR INDIRECT, WHICH
MAY RESULT FROM THE USE OR
POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE,
CONTRACTS OR SAVINGS, OR ANY
OTHER DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF YOUR USE OF OR
INABILITY TO USE THIS INFORMATION,
ANY DEFECT IN THE INFROMATION, OR
THE BREACH OF THESE TERMS OR
CONDITIONS, WHETHER IN AN ACTION
IN CONTRACT OR TORT OR BASED ON A
WARRANTY, EVEN IF NAV2 OR ITS
LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. UNDER
NO CIRCUMSTANCES SHALL NAV2’
s OR
ITS SUPPLIERS ’ LIABILITY HEREUNDER
EXCEED THE PRICE PAID. Certain liability
exclusions may not be permitted under
applicable law, so to that extent the above
exclusion may not apply to you.
Export Control
You agree not to export to anywhere any
part of the Data provided to you or any
direct product thereof except in
compliance with, and with all licenses and
approvals required under, applicable
export laws, rules and regulations.
IP Protection
The Data are owned by NAV2 or its
suppliers and are protected by applicable
copyright and other intellectual property
law and treaties. The Data are provided
solely on the basis of a license to use, not
sale.
Entire Agreement
These terms and conditions constitute the
entire agreement between NAV2(and its
licensors, including their licensors and
suppliers) and you pertaining to the subject
matter hereof, and supersedes in their
entirety any and all written or oral
agreements previously existing between
us with respect to such subject matter.
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Governing Law.
The above terms and conditions shall be
governed by the laws of the People
’s
Republic of China, without giving effect to
(i) its conflict of laws provisions, or (ii) the
United Nations Convention for Contracts
for the International Sale of Goods, which
is explicitly excluded. Any dispute arising
from or in connection with the Data
provided to you hereunder shall be
submitted to the Shanghai International
Economic and Trade Arbitration
Commission for arbitration.
Gracenote® Copyright
CD and music-related data from
Gracenote, Inc., copyright©
2000-2007 Gracenote. Gracenote
Software, copyright © 2000-2007
Gracenote. This product and service may
practice one or more of the following U.S.
Patents 5,987,525; 6,061,680; 6,154,773;
6,161,132; 6,230,192; 6,230,207; 6.240,459;
6,330,593 and other patents issued or
pending. Some services supplied under
license from Open Globe, Inc. for U.S.
Patent 6,304,523.
Gracenote and CDDB are registered
trademarks of Gracenote. The Gracenote
logo and logotype, and the "Powered by
Gracenote ™" logo are trademarks of
Gracenote.
Gracenote® End User License Agreement
(EULA)
This device contains software from
Gracenote, Inc. of 2000 Powell Street
Emeryville, California 94608
("Gracenote").
The software from Gracenote (the
"Gracenote Software") enables this device
to do disc and music file identification and
obtain music-related information, including
name, artist, track, and title information
("Gracenote Data") from online servers ("Gracenote Servers"), and to perform
other functions. You may use Gracenote
Data only by means of the intended End
User functions of this device. This device
may contain content belonging to
Gracenote's providers. If so, all of the
restrictions set forth herein with respect to
Gracenote Data shall also apply to such
content and such content providers shall
be entitled to all of the benefits and
protections set forth herein that are
available to Gracenote. You agree that you
will use the content from Gracenote
("Gracenote Content") , Gracenote Data,
the Gracenote Software, and Gracenote
Servers for your own personal,
non-commercial use only. You agree not
to assign, copy, transfer or transmit the
Gracenote Content, Gracenote Software
or any Gracenote Data (except in a Tag
associated with a music file) to any third
party. YOU AGREE NOT TO USE OR
EXPLOIT GRACENOTE CONTENT,
GRACENOTE DATA, THE GRACENOTE
SOFTWARE, OR GRACENOTE SERVERS,
EXCEPT AS EXPRESSLY PERMITTED
HEREIN.
You agree that your non-exclusive licenses
to use the Gracenote Content, Gracenote
Data, the Gracenote Software, and
Gracenote Servers will terminate if you
violate these restrictions. If your licenses
terminate, you agree to cease any and all
use of the Gracenote Content, Gracenote
Data, the Gracenote Software, and
Gracenote Servers.
Gracenote, respectively, reserve all rights
in Gracenote Data, the Gracenote
Software, and the Gracenote Servers and
Gracenote Content, including all ownership
rights. Under no circumstances will either
Gracenote become liable for any payment
to you for any information that you provide,
555
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