End User License Agreement for Kaspersky Safe Kids (Android)

 

 

Kaspersky Safe Kids

 
 
 
 

End User License Agreement for Kaspersky Safe Kids (Android)

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2014 Nov 27 ID: 12269
 
 
 
 
KASPERSKY LAB END USER LICENSE AGREEMENT

IMPORTANT LEGAL NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT BEFORE YOU START USING THE SOFTWARE.
 
BY CLICKING THE ACCEPT BUTTON IN THE LICENSE AGREEMENT WINDOW OR BY ENTERING CORRESPONDING SYMBOL(-S) YOU CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. SUCH ACTION IS A SYMBOL OF YOUR SIGNATURE AND YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CANCEL THE INSTALLATION OF THE SOFTWARE AND DO NOT INSTALL THE SOFTWARE.

AFTER CLICKING THE ACCEPT BUTTON IN THE LICENSE AGREEMENT WINDOW OR AFTER ENTERING CORRESPONDING SYMBOL(-S) YOU HAVE THE RIGHT TO USE THE SOFTWARE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1. Definitions
1.1. Software means software including any Updates and related materials.
1.2. Standard version of the Software means free of charge version of the Software.
1.3. Extended version of the Software means version of the Software which functionality is available only after activation or key file installation.
1.4. Rightholder (owner of all rights, whether exclusive or otherwise to the Software) means AO Kaspersky Lab, a company incorporated according to the laws of the Russian Federation.
1.5. Computer(s) means hardware(s), including servers, personal computers, laptops, workstations, personal digital assistants, ‘smart phones’, hand-held devices, or other electronic devices for which the Software was designed where the Software will be installed and/or used.
1.6.  Web-Portal means services, including Personal Cabinet and Kaspersky Protection Center, provided by the Rightholder and used for management of the installed Software and granted Licenses, as well as for the storage of information obtained from the Software, described in Clause 4.
1.7. End User (You/Your) means individual(s) installing or using the Software on their own behalf or who are legally using a copy of the Software; or, if the Software is being downloaded or installed on behalf of an organization, such as an employer, "You" further means the organization for which the Software is downloaded or installed and it is represented hereby that such organization has authorized the person accepting this agreement to do so on its behalf. For purposes hereof the term "organization", without limitation, includes any partnership, limited liability company, corporation, association, joint stock company, trust, joint venture, labor organization, unincorporated organization, or governmental authority.
1.8. Partner(s) means organizations or individual(s) who distribute the Software based on an agreement and license with the Rightholder.
1.9. Update(s) means all upgrades, revisions, patches, enhancements, fixes, modifications, copies, additions or maintenance packs, etc.
1.10. User Manual means user manual, administrator guide, reference book and related explanatory or other materials.

2. Grant of License
2.1. You are granted a non-exclusive license to use the Software as part of the functionality described in the User Guide, provided that you comply with all technical requirements described in the User Guide, as well as with all the restrictions and conditions of use of the Software specified in this License Agreement.
2.2. You have the right to make a copy of the Software solely for backup purposes and only to replace the legally owned copy if such copy is lost, destroyed or becomes unusable. This backup copy cannot be used for other purposes and must be destroyed when you lose the right to use the Software or when Your license expires or is terminated for any other reason according to the legislation in force in the country of your principal residence or in the country where You are using the Software.
2.3. To use the Software you may need to connect the Software to Your Web-Portal account.
2.4. From the time of the Software installation You have the right to receive the following services from the Rightholder or Partners:
- Updates of the Software via the Internet when and as the Rightholder publishes them on its website or through other online services. Any Updates that you may receive become part of the Software and the terms and conditions of this Agreement apply to them;
- Technical Support via the Internet and Technical Support telephone hotline;
- Access to information and auxiliary resources of the Rightholder.

3. Term and expiration 
3.1. If the Software was acquired via the Internet, the Extended version of the Software can be used, upon your acceptance of this Agreement, for the period that was specified during acquisition or as specified in an additional agreement.
3.2. Your License to Use the Extended version of the Software is limited to the period of time as specified in Clause 3.1 and the remaining period can be viewed via the means described in the User Manual.
3.3. After expiration of the period of effective use as specified in Clause 3.2 functionality of the Extended version of the Software will be limited to functionality of Standard version of the Software.
3.4. Without prejudice to any other remedy in law or in equity that the Rightholder may have, in the event of any breach by You of any of the terms and conditions of this Agreement, the Rightholder shall at any time without notice to You be entitled to terminate this License to use the Software without refunding the purchase price or any part thereof.

4. Communication with the Web-portal and provision for information for Web-portal
4.1. The user can use the web portal and corresponding parameters described in the User Guide to obtain information from the Software to monitor the computer on which the Software is installed, as described in the User Guide. For access to the Web-portal, it is necessary to use Your Kaspersky Account.
4.2. You agree that you may only use the actions described in paragraph 4.1 for lawful purposes. 
4.3. The data described in Clause 4.1 as well as Your e-mail and other data provided by You in the registration process of Your Kaspersky account will be transferred to and then processed by the Rightholder’s trusted third party providers. The above mentioned third party providers may process this data in countries which have data protection standards that are less protective than the data protection standard in Your country of residence.
4.4. You are responsible for saving the confidential information of Your Kaspersky Account.
4.5. You are responsible for any actions on the Web-Portal through Your Kaspersky Account. You acknowledge and agree that the Rightholder has no liability for unauthorized use of Your Kaspersky Account.
4.6. You acknowledge and agree that the Rightholder is not responsible for any delays and failures caused by the quality of the services provided by Your Internet or mobile provider.

5. Technical Support
5.1. The Technical Support described in Clause 2.4 of this Agreement is provided to You when the latest Update of the Software is installed in accordance with the Technical Support rules.
Technical support service and its rules are located at: http://support.kaspersky.com.

6. Information Collection
In order to improve detection of new threats and their sources, identify potential intrusion threats, and improve the level of protection of the information stored and processed by the user on the computer, You agree to automatically provide the following information:
6.1. To identify new information security threats and their sources, as well as increase the level of protection for information stored and processed by the User on the computer, the User agrees to supply the Rightholder with the following information:
- Type and version of the Rightholder's software installed, the unique installation ID of the Software, the version of the operating system, the checksum (MD5) of the unique device ID
- Data about the scanned object, including the URL address from which the object is downloaded, the name of the detected threat in accordance with the Rightholder's classification, the IPv4 address of the host of the blocked object, the name, size and checksum (MD5) of the application through which the scanned object was downloaded, the value of the referrer from the http request, the version of the set of statistics transmitted, the name, size and checksum (MD5) of the application through which the scanned object was downloaded
- Data to determine the reputation of the scanned web address, including its URL, protocol ID and port number, and the URL of the page on which the scanned web address is published
- Information about file names of applications installed and being installed
6.2. In order to improve the performance of the Software and the analysis of user satisfaction, you agree to automatically supply Google Analytics with the following data: 
- Version of the Software, the name of the Software in Google, the ID of the Software in Google, the product and application IDs in Google Analytics 
- Unique installation ID of the Software on the computer, information about the language localization of the device
- Screen resolution of the computer, the name of the screen/dialog box on the computer through which data are supplied, a flag indicating the start and end of the session with the selected screen or dialog box, the duration of the session with the screen, the time of the event in UNIX Epoch time format, the category of timing, the name of the internal variable of the time
- Version of the protocol used to send data to Google Analytics, the ID of the method used to send data 
- Type and parameters of the event in respect of which data are sent
The channel used to transmit data to the services is secure.
Access to information and its protection are governed by the relevant Terms of Use of the Google Analytics services. 
6.3. For marketing purpose You agree to automatically provide to Apps Flyer, Facebook and Google AdWords services the following information:
To Apps Flyer:
-The version of the installed software, software id and the installation date on the user's computer and date of the first start of the Software, the ID of the Software in AppStore, the ID indicating that the Software was preinstalled on the computer,
- Information about the computer on which the Software is installed, including the name of the manufacturer and the model, the user-defined name of the computer, the unique ID of the computer, information about the operating system installed, the type of network connection, the language localization of the device, the ID of the type of computer,
- Mobile operator,
- Information about Apps Flyer SDK used in the Software including SDK version, AppsFlyer license key, the value of the ID of the AppsFlyer transaction,
- Data and time of the event, total number of events,
- ID of the status (on or off) of the advertising ID.

To Facebook:
- The software ID in Facebook;
- Banner ID used for Software downloaded, date and timestamp;
- Name of the installation package.

To Google AdWords:
- The software ID in Google AdWords;
- Device ID in Google AdWords,
- The operating system version;
- The version of Apps Flyer SDK;
- Software version,
- Banner ID used for Software downloaded;
- ID of the frequency of sending statistics about the event.

Data is forwarded to Apps Flyer and Facebook over a secure channel.
Data is forwarded to Google AdWords over an insecure channel.
Access to information and its protection is governed by the relevant terms of use of Apps Flyer, Facebook and Google AdWords services.

7. Receiving informational and advertising materials
7.1. You acknowledge, accept and agree to receive informational materials via the Software from the Rightholders and/or Partners to improve the protection level of the Computer.

8. Limitations
8.1. You shall not emulate, clone, rent, lend, lease, sell, modify, decompile, or reverse-engineer the Software or disassemble or create derivative works based on the Software or any portion thereof with the sole exception of a non-waiverable right granted to You by applicable legislation, and you shall not otherwise reduce any part of the Software to human-readable form or transfer the licensed Software, or any subset of the licensed Software, nor permit any third party to do so, except to the extent the foregoing restriction is expressly prohibited by applicable law. Neither the Software’s binary code nor source may be used or reverse-engineered to re-create the program algorithm, which is proprietary. All rights not expressly granted herein are reserved by Rightholder and/or its suppliers, as applicable. Any such unauthorized use of the Software shall result in immediate and automatic termination of this Agreement and the License granted hereunder and may result in criminal and/or civil prosecution against You.
8.2. You shall not transfer the rights to use the Software to any third party except as set forth in additional Agreement.
8.3. You shall not provide the activation code and/or license key file to third parties or allow third parties access to the activation code and/or license key, which are deemed confidential data of Rightholder and you shall exercise reasonable care in protecting the activation code and/or license key in confidence provided that you can transfer the activation code and/or license key to third parties as set forth in additional agreement. The activation code and/or license key are deemed confidential data.
8.4. You shall not rent, lease or lend the Software to any third party.
8.5. You shall not use the Software in the creation of data or software used for detection, blocking or treating threats described in the User Manual.
8.6. The Rightholder has the right to block the key file to use the Software in the event You breach any of the terms and conditions of this Agreement and without any refund to You.
8.7. You shall not use the Software with the purpose of executing illegal actions, including tracking and obtaining confidential information for use against a third party.
8.8. Violation of the intellectual rights to the Software shall result in civil, administrative or criminal liability in accordance with the law.

9. Limited Warranty and Disclaimer
9.1. The Rightholder guarantees that the Software will substantially perform according to the specifications and descriptions set forth in the User Manual provided however that such limited warranty shall not apply to the following: (w) Your Computer's deficiencies and related infringement for which Rightholder's expressly disclaims any warranty responsibility; (x) malfunctions, defects, or failures resulting from misuse; abuse; accident; neglect; improper installation, operation or maintenance; theft; vandalism; acts of God; acts of terrorism; power failures or surges; casualty; alteration, non-permitted modification, or repairs by any party other than Rightholder; or any other third parties' or Your actions or causes beyond Rightholder's reasonable control; (y) any defect not made known by You to Rightholder as soon as practical after the defect first appears; and (z) incompatibility caused by hardware and/or software components installed on Your Computer.
9.2. You acknowledge, accept and agree that no software is error free and You are advised to back-up the Computer, with frequency and reliability suitable for You.
9.3. You acknowledge, accept and agree that Rightholder is not responsible or liable for data deletion authorized by You. The mentioned data may include any personal or confidential information.
9.4. The Rightholder does not provide any guarantee that the Software will work correctly in case of violations of the terms described in the User Manual or in this Agreement.
9.5. The Rightholder does not guarantee that the Software will work correctly if You do not regularly download Updates specified in Clause 2.4 of this Agreement.
9.6. The Rightholder does not guarantee protection from the threats described in the User Manual after the expiration of the period specified in Clause 3.2 of this Agreement or after the License to use the Software is terminated for any reason.
9.7. You acknowledge that the Software will be provisioned with Kaspersky standard settings applied by default and that it is Your sole responsibility to configure the Software to satisfy Your own requirements.
9.8. THE SOFTWARE IS PROVIDED "AS IS" AND THE RIGHTHOLDER MAKES NO REPRESENTATION AND GIVES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW THE RIGHTHOLDER AND ITS PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR APPLICABILITY FOR A PARTICULAR PURPOSE. YOU ASSUME ALL FAULTS, AND THE ENTIRE RISK AS TO PERFORMANCE AND RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, THE RIGHTHOLDER MAKES NO REPRESENTATION AND GIVES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET ANY OR ALL YOUR REQUIREMENTS WHETHER OR NOT DISCLOSED TO THE RIGHTHOLDER.

10. Exclusion and Limitation of Liability 
10.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RIGHTHOLDER OR ITS PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PRIVACY, FOR CORRUPTION, DAMAGE AND LOSS OF DATA OR PROGRAMS, FOR FAILURE TO MEET ANY DUTY INCLUDING ANY STATUTORY DUTY, DUTY OF GOOD FAITH OR DUTY OF REASONABLE CARE, FOR NEGLIGENCE, FOR ECONOMIC LOSS, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, OR ARISING OUT OF ANY BREACH OF CONTRACT OR ANY TORT (INCLUDING NEGLIGENCE, MISREPRESENTATION, ANY STRICT LIABILITY OBLIGATION OR DUTY), OR ANY BREACH OF STATUTORY DUTY, OR ANY BREACH OF WARRANTY OF THE RIGHTHOLDER OR ANY OF ITS PARTNERS, EVEN IF THE RIGHTHOLDER OR ANY PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

YOU AGREE THAT IN THE EVENT THE RIGHTHOLDER AND/OR ITS PARTNERS ARE FOUND LIABLE, THE LIABILITY OF THE RIGHTHOLDER AND/OR ITS PARTNERS SHALL BE LIMITED BY THE COSTS OF THE SOFTWARE. IN NO CASE SHALL THE LIABILITY OF THE RIGHTHOLDER AND/OR ITS PARTNERS EXCEED THE FEES PAID FOR THE SOFTWARE TO THE RIGHTHOLDER OR THE PARTNER (AS MAY BE APPLICABLE). 

NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY CLAIM FOR DEATH AND PERSONAL INJURY. FURTHER IN THE EVENT ANY DISCLAIMER, EXCLUSION OR LIMITATION IN THIS AGREEMENT CANNOT BE EXCLUDED OR LIMITED ACCORDING TO APPLICABLE LAW THEN ONLY SUCH DISCLAIMER, EXCLUSION OR LIMITATION SHALL NOT APPLY TO YOU AND YOU CONTINUE TO BE BOUND BY ALL THE REMAINING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.

11. GNU and Other Third Party Licenses
11.1. The Software may include some software programs that are licensed (or sublicensed) to the user under the GNU General Public License (GPL) or other similar free software licenses which, among other rights, permit the user to copy, modify and redistribute certain programs, or portions thereof, and have access to the source code ("Open Source Software"). If such licenses require that for any software, which is distributed to someone in an executable binary format, that the source code also be made available to those users, then the source code should be made available by sending the request to source@kaspersky.com or the source code is supplied with the Software. If any Open Source Software licenses require that the Rightholder provide rights to use, copy or modify an Open Source Software program that are broader than the rights granted in this Agreement, then such rights shall take precedence over the rights and restrictions herein.

12. Intellectual Property Ownership
12.1. You agree that the Software and the authorship, systems, ideas, methods of operation, documentation and other information contained in the Software, are proprietary intellectual property and/or the valuable trade secrets of the Rightholder or its partners and that the Rightholder and its partners, as applicable, are protected by civil and criminal law, and by the law of copyright, trade secret, trademark and patent of the Russian Federation, European Union and the United States, as well as other countries and international treaties. This Agreement does not grant to You any rights to the intellectual property including any the Trademarks or Service Marks of the Rightholder and/or its partners ("Trademarks"). You may use the Trademarks only insofar as to identify printed output produced by the Software in accordance with accepted trademark practice, including identification of the Trademark owner's name. Such use of any Trademark does not give you any rights of ownership in that Trademark. The Rightholder and/or its partners own and retain all right, title, and interest in and to the Software, including without limitation any error corrections, enhancements, Updates or other modifications to the Software, whether made by the Rightholder or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Your possession, installation or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. All copies of the Software made hereunder must contain the same proprietary notices that appear on and in the Software. Except as stated herein, this Agreement does not grant you any intellectual property rights in the Software and you acknowledge that the License, as further defined herein, granted under this Agreement only provides you with a right of limited use under the terms and conditions of this Agreement. Rightholder reserves all rights not expressly granted to you in this Agreement.
12.2. You acknowledge that the source code, activation code and/or license key file for the Software are proprietary to the Rightholder and constitutes trade secrets of the Rightholder. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software in any way.
12.3. You agree not to modify or alter the Software in any way. You may not remove or alter any copyright notices or other proprietary notices on any copies of the Software.

13. Governing Law
13.1. Except as provided in Clauses 13.2 and 13.3 below, this Agreement shall be governed by and construed in accordance the laws specified below for the country or territory in which you obtained the Software, without reference to or application of conflicts of laws principles:
a. Russia. If you obtained the Software in Russia, the laws of the Russian Federation.
b. United States, Puerto Rico, American Samoa, Guam, and U.S. Virginia Islands. If you obtained the Software in the United States, Puerto Rico,
American Samoa, Guam or the U.S. Virgin Islands, the laws of the State of Massachusetts, USA, provided, however, that the laws of the U.S. state where you live will govern claims under state consumer protection, unfair competition, or similar laws. To the fullest extent permitted by law, the Rightholder and you expressly agree hereby to waive any right to a trial by jury.
c. Canada. If you obtained the Software in Canada, the laws of the Province of Ontario.
d. Mexico. If you obtained the Software in Mexico, the federal laws of the Republic of Mexico.
e. European Union (EU). If you obtained the Software in a member country of the EU, the laws of England.
f. Australia. If you obtained the Software in Australia, the laws of the State or Territory in which you obtained the license.
g. Hong Kong Special Administration Region (SAR) and Macau SAR. If you obtained the Software in Hong Kong SAR or Macau SAR, the laws of Hong Kong SAR.
h. Taiwan. If you obtained the Software in Taiwan, the laws of Taiwan.
i. Japan. If you obtained the Software in Japan, the laws of Japan.
j. Any Other Country or Territory. If you obtained the Software in any other country, the substantive laws of the country where the purchase took place would be in effect.
13.2. Notwithstanding the foregoing, if the mandatory laws or public policy of any country or territory in which this Agreement is enforced or construed prohibit the application of the law specified herein, then the laws of such country or territory shall instead apply to the extent required by such mandatory laws or public policy. Similarly, if you are an individual consumer, the provisions of Clause 13.1 shall not affect any mandatory right you may have to take action in your country of residence under the laws of that country.
13.3. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
13.4. The End User is responsible for contacting only the Right Holder or their partners directly if having any problems with the product.

14. Period for Bringing Actions
14.1. No action, regardless of form, arising out of the transactions under this Agreement, may be brought by either party hereto more than one (1) year after the cause of action has occurred, or was discovered to have occurred, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period.

15. Entire Agreement; Severability; No Waiver
15.1. This Agreement is the entire agreement between you and Rightholder and supersedes any other prior agreements, proposals, communications or advertising, oral or written, with respect to the Software or to subject matter of this Agreement. You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in whole or in part, such provision will be more narrowly construed so that it becomes legal and enforceable, and the entire Agreement will not fail on account thereof and the balance of the Agreement will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent. No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of Rightholder provided that no waiver of any breach of any provisions of this Agreement will constitute a waiver of any prior, concurrent or subsequent breach. Rightholder's failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.

16. Rightholder Contact Information
Should you have any questions concerning this Agreement, or if you desire to contact the Rightholder for any reason, please contact our Customer Service Department at:
AO Kaspersky Lab, 39A/3, Leningradskoe Shosse
Moscow, 125212
Russian Federation
E-mail: info@kaspersky.com
Web site: www.kaspersky.com

(C) 2015 AO Kaspersky Lab. All Rights Reserved. The Software and any accompanying documentation are copyrighted and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

 
 
 
 
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