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IMPORTANT NOTICE
Please note that the MyCyberFriend Software, as with most Internet applications,
is vulnerable to various security issues and hence should be considered unsecured.
By using the MyCyberFriend Software and the Internet in general, you may be
subject to various risks, including among others:
* Exposure to objectionable material and/or parties, including without limitation,
contaminated files.
* Unauthorized invasion of your privacy during, or as a result of, your use
or another's use of the system.
* Spoofing, eavesdropping, sniffing, spamming, breaking passwords, harassment,
fraud, forgery, "imposturing", electronic trespassing, tampering,
hacking, nuking, system contamination including without limitation use of
viruses, worms and Trojan horses causing unauthorized, damaging or harmful
access and/or retrieval of information and data on your computer and other
forms of activity that may even be considered unlawful.
* Unauthorized exposure of information and material you listed or sent, on
or through the MyCyberFriend system to other users, the general public or
any other specific entities for which the information and material was not
intended by you.
If you do not wish to be subjected to these risks, you are advised not to
use the MyCyberFriend Software. Furthermore, please do not use the MyCyberFriend
Software for "Mission Critical" or "Content Sensitive"
applications and purposes. For the purpose of this section "Mission Critical"
applications and purposes shall mean applications and use that may result
in damage; "Content Sensitive" shall mean any information or data
you do not wish to be freely accessible and generally available to Internet
users.
Please note that in each and every Internet application, the IP address of
the sender is an integral part of the TCP/IP standard protocol of the Internet,
and can be found by using certain software and/or hardware.
For the MyCyberFriend Software's terms of service please review the following
License Agreement, the MyCyberFriend Privacy Policy, the Acceptable Use Policy,
Usage Notices, Tools Notices and any other terms of service document available
on or through http://www.MyCyberFriend.com . European Union or other countries
MyCyberFriend users understand and consent to the processing of personal information
in the United States.
This software is being licensed to you by MCFIII Inc. in A TIME LIMITED
FREE SHAREWARE VERSION ONLY ("Software") and is provided on
an "AS IS" basis, for your private personal use only. This agreement
and the applicable MyCyberFriend Terms of Service documents available
on or through http://www.MyCyberFriend.com, including the MyCyberFriend
Privacy Policy, the MyCyberFriend Conditions of Use Policy, the MyCyberFriend
Usage Notices and any other applicable terms of service document available
therein (together with this agreement referred to herein as "MyCyberFriend
Terms of Service") shall apply to any use of any application, software
or program created or made available by MCFIII Inc MCFIII Inc. and shall
also apply, subject to any modification, to any use or distribution of
any software application that relies on, is supported by or utilizes,
to any extent directly or indirectly, for its operation, the MyCyberFriend
Software, system, Web site, servers, various directories and listings,
various message, tools, information and databases or any part thereof
(together with applications created or made available by MCFIII Inc. referred
to herein as "MyCyberFriend Applications"). In case of contradiction
between a provision of the terms of use document dedicated solely to such
MyCyberFriend Applications and any provision in this agreement or in any
of the MyCyberFriend Terms of Service documents available on or through
http://www.MyCyberFriend.com, the provision of the specific term of use
document shall prevail, unless the provision in this agreement or in any
of the MyCyberFriend Terms of Service documents reflects narrower responsibility
on behalf of MCFIII Inc. than the appropriate provision in the specific
term of use document. Any reference made in this agreement to MCFIII Inc.
shall be deemed to have been made to MCFIII Inc., its subsidiaries, successors,
assignees, affiliates as well as any company that controls MCFIII Inc.
directly or indirectly, and any other subsidiary of that controlling company.
You agree not to (1) extract information from the MyCyberFriend directories,
databases and servers reverse engineer, decompile, disassemble, alter,
duplicate, make copies, create derivative works from, distribute or provide
others with the MyCyberFriend software, the MyCyberFriend communications
protocol or any information available on, derived or extracted from the
MyCyberFriend directories, databases and servers or any part thereof;
(2) connect, use or in any way attempt to connect or use the MyCyberFriend
Services and Information as defined herein, for commercial purposes or
any purpose other than their use in good faith and as explicitly offered
on the MyCyberFriend Web site. Additionally, you may not use this Software
on more than one computer.
By accepting the terms of this license agreement you agree that MCFIII Inc.
is permitted to limit, deny, create different priorities to different users,
update or cancel some or all of the functionality of this Software at any
time, without prior notice. As part of this Software, MCFIII Inc. is granting
you limited access to the MyCyberFriend system, Web site, servers, MyCyberFriend
Applications, various directories and listings, tools, plugins for MyCyberFriend,
information and databases, Commercial Activities related thereto or any part
thereof (together with the MyCyberFriend software or any part thereof collectively
referred to herein as the "MyCyberFriend Services and Information").
The MyCyberFriend Services and Information or any part thereof, may also be
accessible by other software applications and may be published on the MyCyberFriend
Web site, its servers, including various MyCyberFriend directories and listings.
MCFIII Inc. makes no warranties or guarantees as to the availability or reliability
of the MyCyberFriend Services and Information to you or to any other user.
The Software, the MyCyberFriend Services and Information functionality or
any part thereof including without limitation, the access to the MyCyberFriend
Services and Information granted to you or to any other user and/or the availability
and functionality of any MyCyberFriend feature and function, may be changed,
updated, limited or terminated at any time, temporarily or permanently, without
prior notice, for any reason or no reason by MCFIII Inc. in its sole discretion
may elect to, but is not obligated to, introduce or grant different grades
of service and listings policies, different levels of access or no access
at all and different priorities to different users or to different functions,
or to users of different versions of the Software and the MyCyberFriend Services
and Information, or introduce new features in this or in future versions of
the Software and the MyCyberFriend Services and Information that may cause
functionality change, limitation or termination of the functionality of features
in earlier versions still in use, including functionality changes in privacy
and security features ("Grant of Different Services"), at any time
without prior notice, at its sole discretion. You agree to bear the risks
of and hold MCFIII Inc. harmless for any and all effects that the Changes
of Functionality and Grant of Different Services may have on your ability
to use the Software and the MyCyberFriend Services and Information, in whole
or in part, for communicating with third parties or their ability to communicate
with you. MCFIII Inc. may elect in its sole discretion to condition the continuation
of access to the MyCyberFriend Services and Information, on your accepting
software improvements, corrections, adaptations, conversions to more recent
Software versions or any other changes to the MyCyberFriend Software, the
MyCyberFriend Services and Information, the MyCyberFriend numbers or to a
revised or new MyCyberFriend Terms of Service. MCFIII Inc. may at any time
cancel, change, hold, de-list, introduce different options and features to
different users or refrain from publishing MyCyberFriend numbers or any other
details of the users listed on the various MyCyberFriend directories and listings.
By using the Software, the MyCyberFriend Services and Information or any part
thereof, you agree to and acknowledge the following: 1) The details you elected
to post on the various MyCyberFriend directories, during the registration
procedure or thereafter, including during use of the MyCyberFriend Services
and Information, are generally available and freely accessible to Internet
users and the public, unless explicitly stated otherwise; Any later addition
to such details or any amendment thereto may not be immediately visible to
all users 2) Unless explicitly stated otherwise the information entered or
posted, through the Software, through the Web or through the MyCyberFriend
Services Application program and Information, including without limitation,
on the MyCyberFriend White Pages and other directories, during registration
or thereafter, on the various MyCyberFriend message and news boards, as well
as status indication and other user's parameters that can be found using the
Software or the Web ("Public Information"), may be available to
the public. Public Information shall not include information meant to be sent
through the MyCyberFriend network to a specific MyCyberFriend User's Software,
unless subsequently provided to MyCyberFriend Inc.; 3) Settings, technical
and other information from your computer, such as your operating system, MyCyberFriend
and browser versions, connectivity, various communication parameters and other
information related to the operation and interaction of the MyCyberFriend
Software ("Parameters") may be collected by MyCyberFriend, Inc.,
subject to the provisions herein. Parameters are collected solely in order
to provide you with, or access to, the MyCyberFriend Services and Information,
subject to the provisions herein. 4) MCFIII Inc. gathers information and usage
patterns (including without limitation by using "cookies" related
to your use of the Software, and the MyCyberFriend Services and Information
("Usage Patterns") - to better understand how our users, as a group,
use the MyCyberFriend Services and Information and the various features thereof,
as well as to help us fit offerings to you as an individual and to conduct
market research; 5) Various data may be used for commercial purposes, including
without limitation, for advertising, targeted advertising, marketing, co-registration
to other services, promotional or any other activity ("Commercial Activities"),
subject to the provisions herein; 6) MCFIII Inc. may use, for Commercial Activities:
(a) the Parameters, Public Information and Usage Patterns or any part thereof,
combined or separately (the "Data"); (b) the Data or any part thereof,
combined with publicly available information, or information provided by third
parties; provided that if any information other than Public Information is
being used by MCFIII Inc. or disclosed to third parties for use by them in
Commercial Activities, it will be done without user names, or if names are
part of the disclosed information, (i) you have consented to such disclosing
of your name or (ii) in the first time you are approached by MCFIII Inc. or
the third parties, you will be given the opportunity to request not to be
further approached by them; 7) You shall not use or rely on the MyCyberFriend
Software, the various MyCyberFriend directories and listings, MyCyberFriend
Web site, the MyCyberFriend Services and Information MyCyberFriend Application
program or any other program, information or service whatsoever related thereto
for "Mission Critical" or "Content Sensitive" applications
and use. For the purpose of this agreement "Mission Critical" applications
and use shall mean applications and use that may result in damage; "Content
Sensitive" shall mean any information or data you do not wish to be freely
accessible and generally available to Internet users.
Unless produced by MCFIII Inc., the information you access or receive by using
the MyCyberFriend Software, the MyCyberFriend Services and Information, the
various MyCyberFriend directories and listings, or information sent to you
by other users, is provided, by the users, and entered or posted by them,
and is not reviewed, controlled, examined, verified or endorsed by MCFIII
Inc. in any way. By using the MyCyberFriend Software, and the MyCyberFriend
Services and Information you agree to 1) Determine whether the information
complies with your needs; 2) Ensure that you have adequate legal rights to
store, reproduce or otherwise make use of information in the manner used by
you; 3) Comply with any legal obligations, including but not limited to, obligations
imposed by copyright, trade secrets, defamation, decency, privacy, security
and export laws and any other applicable laws.
MCFIII Inc. is not responsible for any information, including without limitation,
online and offline messages and other forms of interpersonal communications
available on or through the MyCyberFriend Services and Information, users'
personal data, user posted Web site material, users' MyCyberFriend White Pages
postings, submitted on or through the Software and the MyCyberFriend Services
and Information or residing on the MyCyberFriend servers. MCFIII Inc. may
erase, remove, delete, delay, jam or alter such information without prior
notice, for functional or any other reason.
The MyCyberFriend Software contains features that may link you or provide
you with certain reference and functionality to third parties' Web sites,
directories, servers, products or services ("Services"). These features
are provided by MCFIII Inc. only as a convenience. The Services are not reviewed,
controlled or examined by MCFIII Inc. in any way and MCFIII Inc. is not responsible
for the content of any such Services, or any link contained therein. The offering
of these features does not imply endorsement of the Services by MCFIII Inc.
You are solely responsible for complying with the appropriate terms of services
of these Services you chose to access using these features, as well as with
any other obligation under copyright, trade secrets, defamation, decency,
privacy, security and export laws and any other applicable laws. In no event
shall MCFIII Inc. be liable to anyone for any damage arising from or occasioned
by the creation or use of the third parties' Services or the information or
material accessed through these Services. MCFIII Inc. reserves the exclusive
right and sole discretion to add, change, decline disable or remove, without
notice, any feature, access or link to any of the Services from the MyCyberFriend
Software and/or to introduce different features, access or links to different
users. In addition, MCFIII Inc. does not endorse any service or product that
may be offered by any third party that is advertising through the MyCyberFriend
Services and Information.
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SUBMISSIONS
MCFIII INC. DOES NOT WANT TO RECEIVE ANY CONFIDENTIAL, SECRET OR PROPRIETARY
INFORMATION AND MATERIAL FROM YOU THROUGH THE MYCYBERFRIEND WEB SITE, MYCYBERFRIEND
APPLICATION OR CHAT WITH THE MYCYBERFRIEND CHARACTERS, MCFIII INC.'S MAIL
AND E-MAIL ADDRESSES, THE MYCYBERFRIEND SERVICES AND INFORMATION OR IN ANY
OTHER WAY. ANY INFORMATION OR MATERIAL SUBMITTED OR SENT TO MCFIII INC., EXCLUDING
PRIVATE COMMUNICATIONS BETWEEN A USER AND OTHER USERS THAT ARE NOT SUBSEQUENTLY
MADE AVAILABLE TO MCFIII INC. WILL BE DEEMED NOT TO BE CONFIDENTIAL OR SECRET.
BY SUBMITTING OR SENDING DOCUMENTS, INFORMATION OR OTHER MATERIAL ("MATERIAL")
TO MCFIII INC. OR BY POSTING INFORMATION ENTERED ON THE VARIOUS MYCYBERFRIEND
DIRECTORIES AND TOOLS AND MESSAGES ON THE MYCYBERFRIEND MESSAGE BOARDS OR
BY CHATTING WITH ANY MYCYBERFRIEND CHARACTERS, OR BY E-MAIL TO ANY MYCYBERFRIEND
CHARACTERS YOU (1) WARRANT THAT YOU HAVE NO RIGHTS OF ANY KIND TO THE MATERIAL;
THAT TO THE BEST OF YOUR KNOWLEDGE NO OTHER PARTY HAS ANY RIGHTS TO THE MATERIAL;
(2) GRANT MCFIII INC. AN UNRESTRICTED, PERPETUAL, IRREVOCABLE LICENSE TO USE,
REPRODUCE, DISPLAY, PERFORM, ADAPT, MODIFY, TRANSMIT AND DISTRIBUTE THE MATERIAL
IN ALL MEDIA, AND YOU FURTHER AGREE THAT MCFIII INC. IS FREE TO USE ANY IDEAS,
KNOW-HOW, CONCEPTS, TECHNIQUES OR OTHER MATERIALS YOU SEND US FOR ANY PURPOSE
THE MYCYBERFRIEND SERVICES AND INFORMATION AND THE VARIOUS MYCYBERFRIEND DIRECTORIES,
LISTINGS AND DATABASES INFORMATION IS PROVIDED ON AN "AS IS, AS AVAILABLE"
BASIS.
MCFIII INC. MAKES NO AND HEREBY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON INFRINGEMENT
AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE MYCYBERFRIEND SOFTWARE,
THE MYCYBERFRIEND SERVICES AND INFORMATION, THE MYCYBERFRIEND NETWORK SERVERS'
SOFTWARE OR ANY KIND OF INFORMATION SENT, DELIVERED OR RECEIVED BY USERS ON
OR THROUGH THE MYCYBERFRIEND SOFTWARE, SERVERS' SOFTWARE, THE WEB SITE, THE
MYCYBERFRIEND SERVICES AND INFORMATION OR THE VARIOUS MYCYBERFRIEND DIRECTORIES
AND LISTINGS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. MCFIII
INC. DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE MYCYBERFRIEND SOFTWARE, THE MYCYBERFRIEND
SERVICES AND INFORMATION, THE SERVICE AND THE ACCESS TO THE SERVERS, OR THE
INFORMATION PROVIDED BY THE VARIOUS MYCYBERFRIEND DIRECTORIES, LISTINGS AND
DATABASES IN TERMS OF THE ACCURACY, RELIABILITY, QUALITY, VALIDITY, STABILITY,
COMPLETENESS, CURRENTNESS, OR OTHERWISE OF THEIR CONTENTS OR PRODUCTS, UNLESS
SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE ENTIRE RISK AS TO
THE RESULTS AND PERFORMANCE OF THE SOFTWARE, THE MYCYBERFRIEND SERVICES AND
INFORMATION AND ACCESS TO THE SERVERS OR THE VARIOUS MYCYBERFRIEND DIRECTORIES
AND LISTINGS DATA, IS ASSUMED BY YOU.
MCFIII Inc. does not warrant or guarantee that the MyCyberFriend Services
and Information and the functions or services performed by MCFIII Inc. will
be uninterrupted or error-free or that defects in the Software and the MyCyberFriend
Services and Information will be corrected. MCFIII Inc. does not warrant or
guarantee that all Software versions shall be provided with similar grades
and level of service, features, functionality and the ability to use, the
Software or the MyCyberFriend Services and information. MCFIII Inc. does not
warrant or guarantee 1) that any program or information will be free of infection
by viruses, worms, Trojan horses or anything else manifesting contaminating
or destructive properties; 2) that the information available on or through
the MyCyberFriend Services and Information will not contain adult-oriented
material, or material which some individuals may deem objectionable; or 3)
that the functions or services performed by MCFIII Inc. will be uninterrupted
or error-free or that defects in the Software and the MyCyberFriend Services
and Information will be corrected. You are solely responsible to isolate software
and information, execute anti-contamination software and otherwise take steps
to ensure that software or information, if contaminated or infected, will
not damage your information or system.
You acknowledge that you are aware of security and privacy limitations including
but not restricted to (1) the limitation of security, privacy and authentication
measures and features in the MyCyberFriend Services and Information; (2) that
data and information on the MyCyberFriend Services and Information may be
subject to eavesdropping, sniffing, spoofing, forgery, spamming, "imposturing",
tampering, breaking passwords, harassment, fraud, electronic trespassing,
hacking, nuking, system contamination including without limitation, viruses,
worms, Trojan horses, causing unauthorized, damaging or harmful access and/or
retrieval of information and data on your computer or other security or privacy
hazards or may not reach its destination or reach an erroneous address or
recipient.
MCFIII Inc. is not responsible for any special, incidental, indirect or consequential
damages. In no event will MCFIII Inc.'s liability with respect to this license
agreement exceed the amount you paid (if you paid) to MCFIII Inc. for the
Software or of the charge of one-month fee for using the servers' service.
In no event shall MCFIII Inc. be liable to anyone for any delays, inaccuracies,
errors or omissions with respect to the information or the transmission or
delivery of all or any part thereof, for any damage arising therefrom or occasioned
thereby, or for the results obtained from the use of the information. MCFIII
Inc. will not be responsible if any information infects or contaminates a
user's system or information. The entire risk as to the quality and performance
of MCFIII Inc.'s service, the MyCyberFriend Software and the MyCyberFriend
Services and Information and the accuracy, adequacy, completeness, correctness,
validity and quality thereof or of any other information is with the user.
For convenience purposes this Software may have been provided to you on a
free CD-ROM, or otherwise bundled with other equipment, products or services.
You acknowledge that no payment was made by you for the CD-ROM, and if payments
were made, they are made for the products and services and not for the CD-ROM
and Software.
IN NO EVENT WILL MCFIII INC. BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN
ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE
MYCYBERFRIEND SOFTWARE, THE MYCYBERFRIEND NETWORK, THE MYCYBERFRIEND SERVICES
AND INFORMATION, VARIOUS DIRECTORIES AND LISTINGS OR ANY OTHER 'INFORMATION',
EVEN IF MCFIII INC. SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE;
OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION. BECAUSE SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MCFIII INC.'S LIABILITY
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
By using any link or bookmark in this Software that will lead you to MyCyberFriend's
Web siteat www.MyCyberFriend.com , or by using the MyCyberFriend application
program, you acknowledge and agree to the terms of service of these sites,
available on or through www.MyCyberFriend.com
Please note that by using the Software and/or any of the MyCyberFriend Services
and Information, you acknowledge that you are bound by and subject to the
provisions of the MyCyberFriend Conditions of Use available on or through
http://www.MyCyberFriend.com . In case of contradiction between any provision
of the license agreement and any provision in any of the MyCyberFriend Terms
of Service documents, the provision of the license agreement shall prevail,
unless the provision in the MyCyberFriend Terms of Service document reflects
narrower responsibility on behalf of MCFIII Inc. than the appropriate provision
in the license agreement.
You agree that this agreement is not intended to confer and does not confer
any rights or remedies upon any person other than the parties to this agreement.
You also understand and agree that the MyCyberFriend Terms of Service, including
MCFIII Inc.'s enforcement of those policies, are not intended to confer, and
do not confer, any rights or remedies upon any person other than MCFIII Inc.
If any part of this agreement is held invalid or unenforceable, that portion
shall be construed in a manner consistent with applicable law to reflect,
as nearly as possible, the original intentions of the parties, and the remaining
portions shall remain in full force and effect.
MCFIII Inc. may transfer, assign sublicense or pledge in any manner whatsoever,
any of its rights and obligations under this agreement to a subsidiary, affiliate
successor thereof or to any third party whatsoever, without notifying you
or receiving your consent. You shall not transfer, assign, sublicense nor
pledge in any manner whatsoever, any of your rights or obligations under this
agreement.
MCFIII Inc. may change, from time to time, the MyCyberFriend Terms of Service
with or without a release of a new version of the MyCyberFriend Software.
By continuing to use the Software and/or the MyCyberFriend Services and Information,
for a period of 30 days after a notice of such change has been provided on
the MyCyberFriend network or Web site for the first time, you signify your
consent to the new or revised set of the MyCyberFriend Terms of Service. Subject
to the foregoing, you further agree to be bound by the provisions of the license
agreement available on the MyCyberFriend Web site at http://www.MyCyberFriend.com
, if such license is marked with a more recent date than that on the license
agreement that accompanies your Software.
You acknowledge that the various notes, notices and warnings available on
the Software and the MyCyberFriend Services and Information, are provided
as a convenience only. The inclusion of such notes does not constitute an
obligation on MCFIII Inc. to provide such notes, notices and warnings in other
places or features of the Software and the MyCyberFriend Services and Information.
The laws of the state of California, U.S.A. shall govern this agreement. Please
note that your use of the Software as well as the MyCyberFriend Services and
Information may be subject to other local, state, national, and international
laws. You expressly agree that exclusive jurisdiction for any claim or dispute
with MCFIII Inc. or relating in any way to your use of the MyCyberFriend Software
and the MyCyberFriend Services and Information resides in the courts of California
and you further agree and expressly consent to the exercise of personal jurisdiction
in the courts of California in connection with any such dispute including
any claim involving MCFIII Inc. or its affiliates, subsidiaries, employees,
contractors, officers, directors, telecommunication providers and content
providers.
You agree to abide by U.S. and other applicable export control laws and not
to export, re-export or otherwise transfer, by electronic transmission or
otherwise, any content or software subject to restrictions under such laws
to a national destination prohibited under such laws or to any person to whom
exports, re-exports or transfers are prohibited under such laws, without first
obtaining, and then complying with, any requisite government authorization.
You further agree not to upload to MCFIII Inc. any data or software that cannot
be exported without prior written government authorization, including, but
not limited to, certain types of encryption software.
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