CONTROL SYSTEMS APPLICATION AND KNOWLEDGE STORE TERMS OF USE

This website and any services provided through the site (the “Control Systems Application and Knowledge Store” or "AKS") are provided by ABB Pte Ltd (“ABB” or “we”). The Control Systems Application and Knowledge Store may however be managed, hosted and/or operated by other entities within and/or outside the ABB Group]. (“ABB Group” means ABB and all its Affiliates. “Affiliate” means any entity, whether incorporated or not, which presently or in the future, directly or indirectly owns, is owned by or is under common ownership with, by virtue of a controlling interest of 50 % or more of the voting rights or the capital, ABB.) Your (i) access and use of the Control Systems Application and Knowledge Store, (ii) creation of a user account, and (iii) downloading of any software, applications, data or information made available on, or uploading of any software, application, data or information to, the Control Systems Application and Knowledge Store, (iv) uploading of any application to the Control Systems Application and Knowledge Store for sale, (v) purchase or sale of any applications (other than ABB Group’s Applications) via the Control Systems Application and Knowledge Store are subject to the Terms of Use set out under Section 1 of these terms and conditions. Additionally, your (i) downloading of any ABB Group’s applications purchased via the Control Systems Application and Knowledge Store, (ii) purchase of any APPLICATION offered for sale by another user (a "User-Seller") of the Control Systems Application & Knowledge Store unless the User- Seller has uploaded its own terms and conditions of sale in which case those terms will apply, and (iii) the use of such applications, are subject to the Terms of Sale set out under Section 2 of these terms and conditions (the introduction to this document together with the Terms of Use and the Terms of Sale are referred to as the "Terms and Conditions"). By accessing and using the Control Systems Application and Knowledge Store, you accept these Terms and Conditions without limitation or qualification.

Notwithstanding any other agreement between you and a legal entity within the ABB Group, these Terms and Conditions shall exclusively and exhaustively govern your use of the Control Systems Application and Knowledge Store. You should print a copy of these Terms and Conditions for future reference, and should also review the Terms and Conditions regularly as we reserve the right to change or amend the Terms and Conditions at any time. The amended Terms and Conditions may be displayed on-screen and you may be required to read and accept the same to continue use of the Control Systems Application and Knowledge Store. Any such change or amendment is effective as of the publication of such amendment. Your continued access and use of the Control Systems Application and Knowledge Store following publication of such amendment will mean that you accept and agree to the amendment.

SECTION 1: TERMS OF USE OF THE CONTROL SYSTEMS APPLICATION AND KNOWLEDGE STORE ("TERMS OF USE")

1. AVAILABILITY

1.1 We aim to keep the Control Systems Application and Knowledge Store available at all times. However, the Control Systems Application and Knowledge Store is provided as a convenience to users of ABB Group’s applications, products and services, and we reserve the right to change, suspend or shut down the Control Systems Application and Knowledge Store (in whole or in part) without prior notification and without incurring any obligation or liability for any entity of the ABB Group. We also reserve the right to change, suspend or limit your access to the Control Systems Application and Knowledge Store at any time in our sole discretion.

1.2 We also reserve the right, in our sole discretion, to limit the provision and quantity of any service, feature, software, application or other materials to any person or geographic area. Any offer for any service, feature, software, or other materials made on the Control Systems Application and Knowledge Store is void where prohibited. You are solely responsible for complying with the applicable local laws.

2. ABB GROUP INTELLECTUAL PROPERTY RIGHTS

2.1 The contents of the Control Systems Application and Knowledge Store, including but not limited to software, applications and related materials as well as logos, trademarks, trade-names, text, images, graphics, sound, animation and video files, and their arrangement on the website are proprietary to the legal entities of the ABB Group or third parties, and subject to intellectual property protection. No content made available by the ABB Group on or via the Control Systems Application and Knowledge Store may be reproduced, copied, transferred, published, distributed, modified, reposted, or placed onto other computer, server, website, document or other medium, unless the Control Systems Application and Knowledge Store specifically allows such actions.

2.2 All intellectual property rights contained in or to the Control Systems Application and Knowledge Store, including copyrights, trademarks, design rights, trade secret and patent rights, are reserved and any use without prior written authorization from the respective owner is strictly prohibited. Nothing contained within the Control Systems Application and Knowledge Store shall be construed as granting any express or implied license or right to use our or any other ABB Group entity’s or third party’s intellectual property unless so is explicitly and unambiguously provided.

2.3 We reserve any and all rights not expressly granted in the Terms of Use.

3. INTERACTIVE SERVICES

3.1 The Control Systems Application and Knowledge Store includes a web environment enabling message or communication facilities (“Interactive Services”) made available from time to time in order to enable you to communicate with other users of the Control Systems Application and Knowledge Store. By means of the Interactive Services, you may post, upload, input or submit questions, answers, data, communications, applications, materials and/or ideas, including ideas for new products, technologies, or processes (“User Contributions”). You may also read, access, reply to or download User Contributions from other users.

3.2 We do not claim ownership for any User Contributions made available on, or via, the Interactive Services. However, by posting, uploading, inputting or submitting User Contributions, you agree that your User Contributions will not be regarded as confidential or proprietary information and hereby grant us an unlimited, non-revocable, non- exclusive, world-wide, royalty-free license to utilize your User Contributions. This license includes, without limitation, the right for all entities within the ABB Group to resell, license, sub-license, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, modify, and reformat your User Contributions. You also hereby grant any other user a right to copy, reproduce, edit, translate, modify and reformat your User Contributions. No compensation will be paid with respect to the use of your User Contributions.

3.3 By posting, uploading, inputting or submitting User Contributions to, or via, the Interactive Services you warrant and represent that User Contributions will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and thus that you have you have the rights necessary to grant ABB the licenses described in these Terms of Use.

3.4 The ABB Group does not endorse any User Contributions submitted to the Control Systems Application and Knowledge Store by any user, or any reply, opinion, recommendation, or advice expressed therein, and ABB expressly disclaims any and all liability in connection with User Contributions. ABB does not permit copyright infringing activities and infringement of intellectual property rights on the Control Systems Application and Knowledge Store, and ABB will remove all User Contributions if properly notified that such User Contribution infringes on a third party's intellectual property rights (see our Notice and Takedown Procedure below).

3.5 We are under no obligation to post or use any User Contribution you may provide and we may review, edit, refuse to post, or remove any User Contribution, or to monitor User conduct at any time in our sole discretion without prior notice.

4. USER CONDUCT

4.1 As a condition of your use of the Control Systems Application and Knowledge Store, you will not use the Control Systems Application and Knowledge Store for any purpose that is unlawful or prohibited by these Terms of Use or any other notices provided by ABB. You agree to use the Control Systems Application and Knowledge Store only to post, send and receive messages and materials that are proper and related to the particular purposes of the Control Systems Application and Knowledge Store.

4.2 In particular, you may not submit any questions, comments or answers or other User Contributions, without our prior written consent, which:

  1. transfer, display, perform, reproduce, publish, license, modify, create derivative works from, or sell any data, information, software, applications, materials or services obtained from the Control Systems Application and Knowledge Store,
  2. advertise or offer to sell or buy any goods or services for any business purpose, unless the Control Systems Application and Knowledge Store specifically allows such messages,
  3. hack, remove, circumvent, disable, damage or otherwise interfere with any and all features of the Control Systems Application and Knowledge Store, security-related features, features that prevent or restrict use or copying of any content accessible through the Control Systems Application and Knowledge Store, or intentionally interfere with or damage operation of, or any user's use of, the Control Systems Application and Knowledge Store, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code violate any applicable laws or regulations,
  4. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Control Systems Application and Knowledge Store. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, or
  5. e. publish, upload, distribute or propagate any illegal or inappropriate material or information (such as, but not limited to, child pornography, pornography or obscene materials), or any information which in ABB’s reasonable opinion is deemed unlawful, harassing, abusive, defamatory, fraudulent or obscene.

4.3 We do not undertake to screen, filter, modify, or otherwise monitor the content of questions or comments in advance of displaying such content on the Control Systems Application and Knowledge Store. We do however reserve the right to respond to any User Contribution and to delete or edit any User Contribution, in whole or in part, from the Control Systems Application and Knowledge Store for any reason (including, but not limited, that such User Contribution violates any of the conditions listed above).

4.4 The ABB Group specifically disclaims any liability with regard to any actions resulting from your participation in the Control Systems Application and Knowledge Store.

5. USER ACCOUNTS

5.1 The Control Systems Application and Knowledge Store requires you to create a user account. For purposes of buying or selling however, you will be required to provide your business contact information and business details. You will be held responsible for any and all activities that occur under your account. You agree to keep accounts and passwords confidential and to notify us immediately of any unauthorized use of your account or any other breach of security that you discover. You may not use another user's account or password. We shall not be liable for any loss that you may incur as a result of (i) your use, (ii) someone else’s use, of your account or password, or (iii) your use of someone else's account or password. You will be held responsible for losses suffered by us or any other user of the Control Systems Application and Knowledge Store due to unauthorized use of your account or password as a result of your failing to keep your account information confidential.

5.2 If you decide to participate in purchase or sale transactions via the Control Systems Application and Knowledge Store, you must provide us with a valid Paypal account, together with complete payment information for the account. You must notify us immediately if the information changes. If you do not provide us with complete, accurate and updated information, you may not be eligible to buy or sell software or applications via the Control Systems Application and Knowledge Store if you.

5.3 Where you upload any photos (whether as part of your user profile or otherwise), you acknowledge that such uploading of photos are done solely at your discretion and can be removed by you at any time. ABB shall not be responsible for the accuracy or any representations in connection with such photos. Further that for the purposes of privacy laws, you have expressly consented to have such photos uploaded onto the Control Systems Application and Knowledge Store and warrant and represent that such photos and/or uploading such photos onto the Control Systems Application and Knowledge Store are not infringing any privacy laws.

ABB reserves the right to shut down any user account, temporarily or on a permanent basis, at ABB’s sole discretion at any time.

5.4 For further information on the creation and deletion of user accounts, please see the specific information provided on the Control Systems Application and Knowledge Store from time to time.

6. LINKS TO THIRD PARTY WEBSITES

Links in the Control Systems Application and Knowledge Store may re-direct you from the Control Systems Application and Knowledge Store to other web sites. Linked sites are not under the control of ABB and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The existence of any link on the Control Systems Application and Knowledge Store does not imply endorsement by us or any other entity of the ABB Group. You will need to make your own independent judgment regarding your interaction with any third party sites, including the purchase and use of any products or services accessible through them. You will comply with the terms of use of any such third party sites.

7. NOTICE AND TAKEDOWN PROCEDURE

7.1 If you believe that any User Contribution, or other material made available on the Control Systems Application and Knowledge Store, infringes upon your intellectual property rights (including but not limited to copyright), you may submit a notification (“Takedown Notice”) to ABB. Such Takedown Notice shall be submitted to DE-AKS-Support@abb.com, and must contain at least the following information in writing:

  • Identification of the intellectual property right (e.g. copyrighted work) claimed to have been infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed and information reasonably sufficient to permit ABB or the relevant service provider (if any) to locate the material;
  • Information reasonably sufficient to permit ABB to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right owner, its agent, or the law; and
  • A statement that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7.2 We will process any and all Takedown Notice(s) in due course and in accordance with applicable law. We reserve the exclusive right to decide which action (if any) we will take based on a Takedown Notice. In addition, we reserve the right to refuse any Takedown Notice which fails to include the information set out above.

8. DOWNLOAD OF SOFTWARE, APPLICATIONS OR OTHER MATERIALS

8.1 To the extent that any software or applications are made available by ABB for download on the Control Systems Application and Knowledge Store ("Software"), such Software is the copyrighted work of legal entities of the ABB Group and/or its suppliers. Use of the Software is governed by the terms of the terms and conditions included in the Software (e.g. by means of click-wrap license terms) or which otherwise accompanies the Software (the "Software License Terms"). By downloading and/or using the Software, you agree to the Software License Terms which will bind you.

8.2 In case Software is accompanied by manuals or other documentation, we hereby grant you permission to use any such accompanying manuals or other documentation located on the Control Systems Application and Knowledge Store, provided that (I) any and all copyright notices, statements of source and author are not removed, (II) the use of such materials is for informational and internal business use only and will not be copied or posted on any network computer or broadcast in any media, and (III) no modifications of any manuals or other documentation are made.

8.3 We may make changes to the Software and any accompanying manuals or other documentation at any time without notice. However, please note that the Software and content in the manuals or documentation may be out of date at any given time, and that we are under no obligation to update the same.

8.4 If you purchase and download any software or applications made available for sale on the Control Systems Application and Knowledge Store by ABB or any other user ("Application"), the download and use of the Application will be governed by the Terms of Sale set out in Section 2 of these Terms and Conditions.

9. PERSONAL INFORMATION

In order to provide, manage and operate the Control Systems Application and Knowledge Store, including but not limited to your user account, we will collect and process certain information, including your user name and email address, which may include personally identifiable information about you. The collection and use of personally identifiable information is subject to “ABB Privacy Policy”, which is available on http://www.abb.com/Copyright.aspx.

10. DISCLOSURE OF INFORMATION

We may disclose any information we have about you, including any transmittal or communication by you with us through the Control Systems Application and Knowledge Store or any service provided through the site, where we determine that such disclosure is permitted or required by the applicable law or is reasonably necessary:

  • in connection with any investigation or complaint regarding your use of the Control Systems Application and Knowledge Store;
  • to protect our rights or property, or the rights or property of our employees or visitors to or users of the Control Systems Application and Knowledge Store;
  • to enforce these Terms of Use; or
  • to comply with any applicable law, regulation, legal process or governmental request, provided that where the information to be disclosed is personal information, the disclosure will be subject to “ABB Privacy Policy”, which is available on [http://www.abb.com/Copyright.aspx].

11. DISCLAIMER AND RELEASE

11.1 The Control Systems Application and Knowledge Store and its contents are delivered on a "as-is" and "as available" basis. Any use of the Control Systems Application and Knowledge Store is conducted at your own risk. We are not responsible or liable to you in any way as a result of any incorrect or inaccurate information you provide to us, including information related to your Paypal account or your contact information. All information provided on the Control Systems Application and Knowledge Store is subject to change without notice. We will use reasonable efforts to include accurate information in the Control Systems Application and Knowledge Store. HOWEVER, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE CONTROL SYSTEMS APPLICATION AND KNOWLEDGE STORE.

11.2 IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, ABB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE CONTROL SYSTEMS APPLICATION AND KNOWLEDGE STORE (INCLUDING ITS CONTENT) AND YOUR USE THEREOF. ABB MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE CONTROL SYSTEMS APPLICATION AND KNOWLEDGE STORE OR THE CONTENT OF ANY LINKED SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE CONTROL SYSTEMS APPLICATION AND KNOWLEDGE STORE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTRIBUTION MADE AVAILABLE VIA THE CONTROL SYSTEMS APPLICATION AND KNOWLEDGE STORE.

11.3 Sale and purchase transactions between users. You acknowledge that we only provide a platform for the users to complete transactions, and are not involved in the transaction between the users. We reserve the right to suspend the listing of, refuse to list, delist, or require a user not to list any products in our sole discretion, but are under no obligation to examine or evaluate, and do not warrant, the availability, quality, legality, or any other feature or aspect of the offerings of any user of the Control Systems Application & Knowledge Store; the truth and accuracy of any user's listings; the user's ability to sell, buy or pay for applications; or that a user will perform as promised and/or complete a transaction. You agree that you will not hold us liable for any actions or inactions of any other user, or for any applications listed or sold by any other user. IF A DISPUTE ARISES BETWEEN YOU AND ANOTHER USER IN RELATION TO SALE AND PURCHASE OF APPLICATIONS VIA THE CONTROL SYSTEMS APPLICATION AND KNOWLEDGE STORE, YOU AGREE TO RELEASE US AND OUR AGENTS AND EMPLOYEES FROM CLAIMS, DEMAND, DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.

12. LIMITATION OF LIABILITY

12.1 YOU AGREE THAT RELATED TO THE USE OF THE CONTROL SYSTEMS APPLICATION AND KNOWLEDGE STORE, YOUR SOLE AND EXCLUSIVE REMEDY TOWARDS US OR ANY LEGAL ENTITY OF THE ABB GROUP IS YOUR RIGHT TO AT ANY TIME (I) NOTIFY US IN WRTING ABOUT YOUR DISSATISFACTION WITH THE CONTROL SYSTEMS APPLICATION AND KNOWLEDGE STORE, AND/OR (II) TO CEASE USING THE CONTROL SYSTEMS APPLICATION AND KNOWLEDGE STORE. YOU HEREBY WAIVE THE RIGHT TO ANY AND ALL OTHER REMEDIES.

12.2 IN NO EVENT WILL WE ACCEPT ANY LIABILITY TO ANY PARTY, WHETHER IN CONTRACT, UNDER STATUTE, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR HOWSOEVER OTHERWISE ARISING AND WHATEVER THE CAUSE THEREOF, FOR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER FOR ANY USE OR INABILITY TO USE THE CONTROL SYSTEMS APPLICATION AND KNOWLEDGE STORE OR ANY OF ITS CONTENTS, INCLUDING, BUT NOT LIMITED TO ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF POWER, LOSS OF PRODUCTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, COSTS OF CAPITAL, COSTS OF REPLACEMENT POWER, OR ANY ECONOMIC OR FINANCIAL LOSS.

12.3 NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS OF USE, TO THE FULLEST EXTENT PERMITTED BY LAW, OUR AGRREGATE LIABILITY TO YOU FOR ALL MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE CONTROL SYSTEMS APPLICATION AND KNOWLEDGE STORE OR ANY CONTENT THEREIN, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, WARRANTY (EXCEPT ONLY WARRANTY AS TO TITLE) OR REPRESENTATION SHALL BE LIMITED TO [S$100.00], NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR: (I) DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; AND (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY SINGAPORE LAW.

13. INDEMNIFICATION

You agree to indemnify and hold all legal entities of the ABB Group and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal costs) made by a third party due to or arising out of or related to your use of the Control Systems Application and Knowledge Store, including your posting, uploading, inputting or submitting of User Contributions, or your violation of the Terms of Use or your violation of any laws, regulations or third party rights.

14. LAWS AND REGULATIONS

All laws and regulations expressly incorporated herein shall be those in effect as of the date of the contract.

15. ASSIGNMENT AND RIGHTS OF THIRD PARTIES

15.1 This contract shall be binding on and enure to the benefit of the successors of either party or we but the rights and obligations hereunder shall otherwise be personal to the parties and shall not be capable of assignment, without the other party’s prior written consent.

15.2 A person who is not a party to these terms and conditions shall have no rights under the Contracts (Rights of Third Parties) Act (Cap 53B) to enforce any terms of these terms and conditions.

16. NOTICE

Any notice required or permitted to be given by either party to the other under these Terms and Conditions shall be in writing addressed to the other party at its principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

17. WAIVER

No waiver by us of any breach of the contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

18. ENFORCEABILITY

If any of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.

19. SUSPENSION

We reserve the right to suspend the use by any party to the Control Systems Application and Knowledge Store at any time and for any reason, without liability to you.

20. ARBITRATION

20.1 Any disputes arising out of, or in connection with these Conditions, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration through the Singapore International Arbitration Centre ("SIAC") and in accordance, except as stated herein, with the SIAC Rules, which rules are deemed to be incorporated by reference into this clause. The following procedural provisions shall apply to such arbitration proceedings:

20.1.1 the language of the arbitration shall be English and the seat of arbitration shall be Singapore;

20.1.2 the arbitral tribunal shall consist of 1 arbitrator to be mutually agreed by the parties within 14 days of an invitation to agree, failing which agreement the arbitrator shall be appointed by the Chairman of the SIAC;

20.1.3 the award by the arbitral tribunal on the substantive dispute shall be final and binding and may be enforced through any court having competent jurisdiction; and

20.1.4 this arbitration agreement shall be governed by and construed in accordance with Singapore law.

20.2 Notwithstanding Clause 20.1, either party shall have the right to seek injunctive relief before any court of competent jurisdiction to enforce this agreement.

21. GOVERNING LAW

The Terms of Use shall be governed by and construed in all respects in accordance with the laws of the Republic of Singapore.


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