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<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0//EN">
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<head>
<meta http-equiv=Content-Type content="text/html; charset=iso-8859-1">
<title>Eclipse Foundation Software User Agreement</title>
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<body lang="EN-US" link=blue vlink=purple>
<h2>Eclipse Foundation Software User Agreement</h2>
<p>March 17, 2005</p>
<h3>Usage Of Content</h3>
<p>THE ECLIPSE FOUNDATION MAKES AVAILABLE SOFTWARE, DOCUMENTATION, INFORMATION AND/OR OTHER MATERIALS FOR OPEN SOURCE PROJECTS
(COLLECTIVELY "CONTENT"). USE OF THE CONTENT IS GOVERNED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND/OR THE TERMS AND
CONDITIONS OF LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. BY USING THE CONTENT, YOU AGREE THAT YOUR USE
OF THE CONTENT IS GOVERNED BY THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR
NOTICES INDICATED OR REFERENCED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TERMS AND
CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW, THEN YOU MAY NOT USE THE CONTENT.</p>
<h3>Applicable Licenses</h3>
<ul>
<li>Eclipse Public License 1.0 ("EPL"). Included below and available at <a href="http://www.eclipse.org/legal/epl-v10.html">http://www.eclipse.org/legal/epl-v10.html</a>.</li>
<li>Apache Software License 2.0 ("ASL"). Included below and available at <a href="http://www.apache.org/licenses/LICENSE-2.0">http://www.apache.org/licenses/LICENSE-2.0</a>.</li>
</ul>
<p>Unless otherwise indicated, all Content made available by the Eclipse Foundation is provided to you under the terms and conditions of the Eclipse Public License Version 1.0
("EPL"). A copy of the EPL is provided with this Content and is also available at <a href="http://www.eclipse.org/legal/epl-v10.html">http://www.eclipse.org/legal/epl-v10.html</a>.
For purposes of the EPL, "Program" will mean the Content.</p>
<p>Content includes, but is not limited to, source code, object code, documentation and other files maintained in the Eclipse.org CVS repository ("Repository") in CVS
modules ("Modules") and made available as downloadable archives ("Downloads").</p>
<ul>
<li>Content may be structured and packaged into modules to facilitate delivering, extending, and upgrading the Content. Typical modules may include plug-ins ("Plug-ins"), plug-in fragments ("Fragments"), and features ("Features").</li>
<li>Each Plug-in or Fragment may be packaged as a sub-directory or JAR (Java™ ARchive) in a directory named "plugins".</li>
<li>A Feature is a bundle of one or more Plug-ins and/or Fragments and associated material. Each Feature may be packaged as a sub-directory in a directory named "features". Within a Feature, files named "feature.xml" may contain a list of the names and version numbers of the Plug-ins
and/or Fragments associated with that Feature.</li>
<li>Features may also include other Features ("Included Features"). Within a Feature, files named "feature.xml" may contain a list of the names and version numbers of Included Features.</li>
</ul>
<p>The terms and conditions governing Plug-ins and Fragments should be contained in files named "about.html" ("Abouts"). The terms and conditions governing Features and
Included Features should be contained in files named "license.html" ("Feature Licenses"). Abouts and Feature Licenses may be located in any directory of a Download or Module
including, but not limited to the following locations:</p>
<ul>
<li>The top-level (root) directory</li>
<li>Plug-in and Fragment directories</li>
<li>Inside Plug-ins and Fragments packaged as JARs</li>
<li>Sub-directories of the directory named "src" of certain Plug-ins</li>
<li>Feature directories</li>
</ul>
<p>Note: if a Feature made available by the Eclipse Foundation is installed using the Eclipse Update Manager, you must agree to a license ("Feature Update License") during the
installation process. If the Feature contains Included Features, the Feature Update License should either provide you with the terms and conditions governing the Included Features or
inform you where you can locate them. Feature Update Licenses may be found in the "license" property of files named "feature.properties" found within a Feature.
Such Abouts, Feature Licenses, and Feature Update Licenses contain the terms and conditions (or references to such terms and conditions) that govern your use of the associated Content in
that directory.</p>
<p>THE ABOUTS, FEATURE LICENSES, AND FEATURE UPDATE LICENSES MAY REFER TO THE EPL OR OTHER LICENSE AGREEMENTS, NOTICES OR TERMS AND CONDITIONS. SOME OF THESE
OTHER LICENSE AGREEMENTS MAY INCLUDE (BUT ARE NOT LIMITED TO):</p>
<ul>
<li>Apache Software License 2.0 (available at <a href="http://www.apache.org/licenses/LICENSE-2.0">http://www.apache.org/licenses/LICENSE-2.0</a>)</li>
</ul>
<p>IT IS YOUR OBLIGATION TO READ AND ACCEPT ALL SUCH TERMS AND CONDITIONS PRIOR TO USE OF THE CONTENT. If no About, Feature License, or Feature Update License is provided, please
contact the Eclipse Foundation to determine what terms and conditions govern that particular Content.</p>
<h3>Cryptography</h3>
<p>Content may contain encryption software. The country in which you are currently may have restrictions on the import, possession, and use, and/or re-export to
another country, of encryption software. BEFORE using any encryption software, please check the country's laws, regulations and policies concerning the import,
possession, or use, and re-export of encryption software, to see if this is permitted.</p>
<small>Java and all Java-based trademarks are trademarks of Sun Microsystems, Inc. in the United States, other countries, or both.</small>
<hr>
<p align=center><b>Eclipse Public License - v 1.0</b></p>
<p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR
DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
AGREEMENT.</p>
<p><b>1. DEFINITIONS</b></p>
<p>"Contribution" means:</p>
<p class="list">a) in the case of the initial Contributor, the initial
code and documentation distributed under this Agreement, and</p>
<p class="list">b) in the case of each subsequent Contributor:</p>
<p class="list">i) changes to the Program, and</p>
<p class="list">ii) additions to the Program;</p>
<p class="list">where such changes and/or additions to the Program
originate from and are distributed by that particular Contributor. A
Contribution 'originates' from a Contributor if it was added to the
Program by such Contributor itself or anyone acting on such
Contributor's behalf. Contributions do not include additions to the
Program which: (i) are separate modules of software distributed in
conjunction with the Program under their own license agreement, and (ii)
are not derivative works of the Program.</p>
<p>"Contributor" means any person or entity that distributes
the Program.</p>
<p>"Licensed Patents" mean patent claims licensable by a
Contributor which are necessarily infringed by the use or sale of its
Contribution alone or when combined with the Program.</p>
<p>"Program" means the Contributions distributed in accordance
with this Agreement.</p>
<p>"Recipient" means anyone who receives the Program under
this Agreement, including all Contributors.</p>
<p><b>2. GRANT OF RIGHTS</b></p>
<p class="list">a) Subject to the terms of this Agreement, each
Contributor hereby grants Recipient a non-exclusive, worldwide,
royalty-free copyright license to reproduce, prepare derivative works
of, publicly display, publicly perform, distribute and sublicense the
Contribution of such Contributor, if any, and such derivative works, in
source code and object code form.</p>
<p class="list">b) Subject to the terms of this Agreement, each
Contributor hereby grants Recipient a non-exclusive, worldwide,
royalty-free patent license under Licensed Patents to make, use, sell,
offer to sell, import and otherwise transfer the Contribution of such
Contributor, if any, in source code and object code form. This patent
license shall apply to the combination of the Contribution and the
Program if, at the time the Contribution is added by the Contributor,
such addition of the Contribution causes such combination to be covered
by the Licensed Patents. The patent license shall not apply to any other
combinations which include the Contribution. No hardware per se is
licensed hereunder.</p>
<p class="list">c) Recipient understands that although each Contributor
grants the licenses to its Contributions set forth herein, no assurances
are provided by any Contributor that the Program does not infringe the
patent or other intellectual property rights of any other entity. Each
Contributor disclaims any liability to Recipient for claims brought by
any other entity based on infringement of intellectual property rights
or otherwise. As a condition to exercising the rights and licenses
granted hereunder, each Recipient hereby assumes sole responsibility to
secure any other intellectual property rights needed, if any. For
example, if a third party patent license is required to allow Recipient
to distribute the Program, it is Recipient's responsibility to acquire
that license before distributing the Program.</p>
<p class="list">d) Each Contributor represents that to its knowledge it
has sufficient copyright rights in its Contribution, if any, to grant
the copyright license set forth in this Agreement.</p>
<p><b>3. REQUIREMENTS</b></p>
<p>A Contributor may choose to distribute the Program in object code
form under its own license agreement, provided that:</p>
<p class="list">a) it complies with the terms and conditions of this
Agreement; and</p>
<p class="list">b) its license agreement:</p>
<p class="list">i) effectively disclaims on behalf of all Contributors
all warranties and conditions, express and implied, including warranties
or conditions of title and non-infringement, and implied warranties or
conditions of merchantability and fitness for a particular purpose;</p>
<p class="list">ii) effectively excludes on behalf of all Contributors
all liability for damages, including direct, indirect, special,
incidental and consequential damages, such as lost profits;</p>
<p class="list">iii) states that any provisions which differ from this
Agreement are offered by that Contributor alone and not by any other
party; and</p>
<p class="list">iv) states that source code for the Program is available
from such Contributor, and informs licensees how to obtain it in a
reasonable manner on or through a medium customarily used for software
exchange.</p>
<p>When the Program is made available in source code form:</p>
<p class="list">a) it must be made available under this Agreement; and</p>
<p class="list">b) a copy of this Agreement must be included with each
copy of the Program.</p>
<p>Contributors may not remove or alter any copyright notices contained
within the Program.</p>
<p>Each Contributor must identify itself as the originator of its
Contribution, if any, in a manner that reasonably allows subsequent
Recipients to identify the originator of the Contribution.</p>
<p><b>4. COMMERCIAL DISTRIBUTION</b></p>
<p>Commercial distributors of software may accept certain
responsibilities with respect to end users, business partners and the
like. While this license is intended to facilitate the commercial use of
the Program, the Contributor who includes the Program in a commercial
product offering should do so in a manner which does not create
potential liability for other Contributors. Therefore, if a Contributor
includes the Program in a commercial product offering, such Contributor
("Commercial Contributor") hereby agrees to defend and
indemnify every other Contributor ("Indemnified Contributor")
against any losses, damages and costs (collectively "Losses")
arising from claims, lawsuits and other legal actions brought by a third
party against the Indemnified Contributor to the extent caused by the
acts or omissions of such Commercial Contributor in connection with its
distribution of the Program in a commercial product offering. The
obligations in this section do not apply to any claims or Losses
relating to any actual or alleged intellectual property infringement. In
order to qualify, an Indemnified Contributor must: a) promptly notify
the Commercial Contributor in writing of such claim, and b) allow the
Commercial Contributor to control, and cooperate with the Commercial
Contributor in, the defense and any related settlement negotiations. The
Indemnified Contributor may participate in any such claim at its own
expense.</p>
<p>For example, a Contributor might include the Program in a commercial
product offering, Product X. That Contributor is then a Commercial
Contributor. If that Commercial Contributor then makes performance
claims, or offers warranties related to Product X, those performance
claims and warranties are such Commercial Contributor's responsibility
alone. Under this section, the Commercial Contributor would have to
defend claims against the other Contributors related to those
performance claims and warranties, and if a court requires any other
Contributor to pay any damages as a result, the Commercial Contributor
must pay those damages.</p>
<p><b>5. NO WARRANTY</b></p>
<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS
OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
responsible for determining the appropriateness of using and
distributing the Program and assumes all risks associated with its
exercise of rights under this Agreement , including but not limited to
the risks and costs of program errors, compliance with applicable laws,
damage to or loss of data, programs or equipment, and unavailability or
interruption of operations.</p>
<p><b>6. DISCLAIMER OF LIABILITY</b></p>
<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<p><b>7. GENERAL</b></p>
<p>If any provision of this Agreement is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of
the remainder of the terms of this Agreement, and without further action
by the parties hereto, such provision shall be reformed to the minimum
extent necessary to make such provision valid and enforceable.</p>
<p>If Recipient institutes patent litigation against any entity
(including a cross-claim or counterclaim in a lawsuit) alleging that the
Program itself (excluding combinations of the Program with other
software or hardware) infringes such Recipient's patent(s), then such
Recipient's rights granted under Section 2(b) shall terminate as of the
date such litigation is filed.</p>
<p>All Recipient's rights under this Agreement shall terminate if it
fails to comply with any of the material terms or conditions of this
Agreement and does not cure such failure in a reasonable period of time
after becoming aware of such noncompliance. If all Recipient's rights
under this Agreement terminate, Recipient agrees to cease use and
distribution of the Program as soon as reasonably practicable. However,
Recipient's obligations under this Agreement and any licenses granted by
Recipient relating to the Program shall continue and survive.</p>
<p>Everyone is permitted to copy and distribute copies of this
Agreement, but in order to avoid inconsistency the Agreement is
copyrighted and may only be modified in the following manner. The
Agreement Steward reserves the right to publish new versions (including
revisions) of this Agreement from time to time. No one other than the
Agreement Steward has the right to modify this Agreement. The Eclipse
Foundation is the initial Agreement Steward. The Eclipse Foundation may
assign the responsibility to serve as the Agreement Steward to a
suitable separate entity. Each new version of the Agreement will be
given a distinguishing version number. The Program (including
Contributions) may always be distributed subject to the version of the
Agreement under which it was received. In addition, after a new version
of the Agreement is published, Contributor may elect to distribute the
Program (including its Contributions) under the new version. Except as
expressly stated in Sections 2(a) and 2(b) above, Recipient receives no
rights or licenses to the intellectual property of any Contributor under
this Agreement, whether expressly, by implication, estoppel or
otherwise. All rights in the Program not expressly granted under this
Agreement are reserved.</p>
<p>This Agreement is governed by the laws of the State of New York and
the intellectual property laws of the United States of America. No party
to this Agreement will bring a legal action under this Agreement more
than one year after the cause of action arose. Each party waives its
rights to a jury trial in any resulting litigation.</p>
<hr>
<p align="center">
Apache License<br />
Version 2.0, January 2004<br />
<a href="http://www.apache.org/licenses/">http://www.apache.org/licenses/</a>
</p>
<p>
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
</p>
<p><b><a name="definitions">1. Definitions</a></b>.</p>
<p>
"License" shall mean the terms and conditions for use, reproduction,
and distribution as defined by Sections 1 through 9 of this document.
</p>
<p>
"Licensor" shall mean the copyright owner or entity authorized by
the copyright owner that is granting the License.
</p>
<p>
"Legal Entity" shall mean the union of the acting entity and all
other entities that control, are controlled by, or are under common
control with that entity. For the purposes of this definition,
"control" means (i) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
</p>
<p>
"You" (or "Your") shall mean an individual or Legal Entity
exercising permissions granted by this License.
</p>
<p>
"Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation
source, and configuration files.
</p>
<p>
"Object" form shall mean any form resulting from mechanical
transformation or translation of a Source form, including but
not limited to compiled object code, generated documentation,
and conversions to other media types.
</p>
<p>
"Work" shall mean the work of authorship, whether in Source or
Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work
(an example is provided in the Appendix below).
</p>
<p>
"Derivative Works" shall mean any work, whether in Source or Object
form, that is based on (or derived from) the Work and for which the
editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship. For the purposes
of this License, Derivative Works shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of,
the Work and Derivative Works thereof.
</p>
<p>
"Contribution" shall mean any work of authorship, including
the original version of the Work and any modifications or additions
to that Work or Derivative Works thereof, that is intentionally
submitted to Licensor for inclusion in the Work by the copyright owner
or by an individual or Legal Entity authorized to submit on behalf of
the copyright owner. For the purposes of this definition, "submitted"
means any form of electronic, verbal, or written communication sent
to the Licensor or its representatives, including but not limited to
communication on electronic mailing lists, source code control systems,
and issue tracking systems that are managed by, or on behalf of, the
Licensor for the purpose of discussing and improving the Work, but
excluding communication that is conspicuously marked or otherwise
designated in writing by the copyright owner as "Not a Contribution."
</p>
<p>
"Contributor" shall mean Licensor and any individual or Legal Entity
on behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.
</p>
<p><b><a name="copyright">2. Grant of Copyright License</a></b>.
Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
copyright license to reproduce, prepare Derivative Works of,
publicly display, publicly perform, sublicense, and distribute the
Work and such Derivative Works in Source or Object form.
</p>
<p><b><a name="patent">3. Grant of Patent License</a></b>.
Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
(except as stated in this section) patent license to make, have made,
use, offer to sell, sell, import, and otherwise transfer the Work,
where such license applies only to those patent claims licensable
by such Contributor that are necessarily infringed by their
Contribution(s) alone or by combination of their Contribution(s)
with the Work to which such Contribution(s) was submitted. If You
institute patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Work
or a Contribution incorporated within the Work constitutes direct
or contributory patent infringement, then any patent licenses
granted to You under this License for that Work shall terminate
as of the date such litigation is filed.
</p>
<p><b><a name="redistribution">4. Redistribution</a></b>.
You may reproduce and distribute copies of the
Work or Derivative Works thereof in any medium, with or without
modifications, and in Source or Object form, provided that You
meet the following conditions:
<ol type="a">
<li>You must give any other recipients of the Work or
Derivative Works a copy of this License; and
<br /> <br /></li>
<li>You must cause any modified files to carry prominent notices
stating that You changed the files; and
<br /> <br /></li>
<li>You must retain, in the Source form of any Derivative Works
that You distribute, all copyright, patent, trademark, and
attribution notices from the Source form of the Work,
excluding those notices that do not pertain to any part of
the Derivative Works; and
<br /> <br /></li>
<li>If the Work includes a "NOTICE" text file as part of its
distribution, then any Derivative Works that You distribute must
include a readable copy of the attribution notices contained
within such NOTICE file, excluding those notices that do not
pertain to any part of the Derivative Works, in at least one
of the following places: within a NOTICE text file distributed
as part of the Derivative Works; within the Source form or
documentation, if provided along with the Derivative Works; or,
within a display generated by the Derivative Works, if and
wherever such third-party notices normally appear. The contents
of the NOTICE file are for informational purposes only and
do not modify the License. You may add Your own attribution
notices within Derivative Works that You distribute, alongside
or as an addendum to the NOTICE text from the Work, provided
that such additional attribution notices cannot be construed
as modifying the License.</li>
</ol>
You may add Your own copyright statement to Your modifications and
may provide additional or different license terms and conditions
for use, reproduction, or distribution of Your modifications, or
for any such Derivative Works as a whole, provided Your use,
reproduction, and distribution of the Work otherwise complies with
the conditions stated in this License.
</p>
<p><b><a name="contributions">5. Submission of Contributions</a></b>.
Unless You explicitly state otherwise,
any Contribution intentionally submitted for inclusion in the Work
by You to the Licensor shall be under the terms and conditions of
this License, without any additional terms or conditions.
Notwithstanding the above, nothing herein shall supersede or modify
the terms of any separate license agreement you may have executed
with Licensor regarding such Contributions.
</p>
<p><b><a name="trademarks">6. Trademarks</a></b>.
This License does not grant permission to use the trade
names, trademarks, service marks, or product names of the Licensor,
except as required for reasonable and customary use in describing the
origin of the Work and reproducing the content of the NOTICE file.
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<p><b><a name="no-warranty">7. Disclaimer of Warranty</a></b>.
Unless required by applicable law or
agreed to in writing, Licensor provides the Work (and each
Contributor provides its Contributions) on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
implied, including, without limitation, any warranties or conditions
of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
PARTICULAR PURPOSE. You are solely responsible for determining the
appropriateness of using or redistributing the Work and assume any
risks associated with Your exercise of permissions under this License.
</p>
<p><b><a name="no-liability">8. Limitation of Liability</a></b>.
In no event and under no legal theory,
whether in tort (including negligence), contract, or otherwise,
unless required by applicable law (such as deliberate and grossly
negligent acts) or agreed to in writing, shall any Contributor be
liable to You for damages, including any direct, indirect, special,
incidental, or consequential damages of any character arising as a
result of this License or out of the use or inability to use the
Work (including but not limited to damages for loss of goodwill,
work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses), even if such Contributor
has been advised of the possibility of such damages.
</p>
<p><b><a name="additional">9. Accepting Warranty or Additional Liability</a></b>.
While redistributing
the Work or Derivative Works thereof, You may choose to offer,
and charge a fee for, acceptance of support, warranty, indemnity,
or other liability obligations and/or rights consistent with this
License. However, in accepting such obligations, You may act only
on Your own behalf and on Your sole responsibility, not on behalf
of any other Contributor, and only if You agree to indemnify,
defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason
of your accepting any such warranty or additional liability.
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END OF TERMS AND CONDITIONS
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