Assists the team leader in other administrative tasks on daily basis. 11.3 Assignment. A lawyer can discuss whether these guarantees are sufficient based on the circumstances. Leading-edge legal contract management software also offers integration with OFAC search data. This mutual prevailing party clause can be a double-edged sword. Should n't pay for maintenance or support before you need it pretty straightforward installment schedule formal! Executive graphical dashboards deliver a comprehensive overview of key dates, activities, and contract performance. To carry out this assessment, it is important that contracts are sufficiently clear about the objectives pursued by the service (e.g., delivery of a good to a specific address, payment for the service, etc.) The next step is building a realistic completion timetable, as long as they have everything needed to complete the customization or build process. Or in design, aclient might ask for awarranty that the work isoriginal. Some vendors also need support or maintenance during the customization process. PK Wong & Nair LLC (PKWN) is the constituent Singapore law practice of our licensed joint law venture in Singapore, Mayer Brown PK Wong & Nair Pte. Insert desired length of time. Software Contracts means all contracts, agreements and Licenses, oral or written, with any Person respecting the ownership, license, acquisition, design, development, distribution, marketing, use or maintenance of computer programme code or related technical or user documentation and databases. A lawyer can discuss the likelihood of enforcement of desired warranties and draft appropriate language. The EDPB, following WP29's Opinion, indicates that the necessity test is a "facts-based assessment". A lawyer can help discuss such remedies, discuss the implications, and draft the language describing the terms of the remedy. Two further elements should be taken into account concerning the choice of legal basis: Next steps Websoftware contract cases predate software and are not responsive to its needs. Submit a Request with your details to schedule a free half-hour consultation. Nothing in this Agreement will be deemed to create an agency, partnership, or joint venture between the Parties. The first rule is that you shouldn't pay for maintenance or support on the product before it is necessary. They can view risk probability patterns for events that may occur within contracts, as well as risk exposure that results from those events. When travel is necessary to perform the Work, compensation will include reimbursement of all reasonable and necessary travel, living, and out-of-pocket expenses incurred by Developer in performing the Work. 0 0 article. In consideration for the Service, the Client shall pay the Company at the rate of $20 per hour (the Hourly Rate), with a maximum total fee for all work under this CobbleStone Contract Insight Contract Management Software is an enterprise contract lifecycle management system backed by AI The AI-powered software scans previous documentsidentifying important terms and analyzing changesand can draft a pertinent legal contract template in 16. The content of this article is for general informational and educational purposes only. 7 Vital Legal Contract Management Software Tools for 2022. to efficiently and effectively manage their organization's contracts and agreements in a secure contract repository. 1.2 Developers Duties and Responsibilities. If Client refuses to approve the acceptance test, such rejection shall be explained in writing. One of the most important things to include in a data clause is how data security will be externally audited. This would be the case, for instance, where contact information or location data is processed in order to verify whether the service requested by the data subject is available in the area. School District Workstations Configuration requirements for devices and their software that school district personnel use to access WSIPCs software modules can be found on our website: xxxxx://xxx.xxxxx.xxx/technologyteam/. ], 2.2 Acceptance Testing. either by personal delivery in writing or by U.S. mail. Client shall, in cooperation with Developer, prepare and be responsible for a plan for the Client acceptance test (Acceptance Test Plan), with acceptance test procedures suitable for verifying that the Software meets the agreed requirements of the Specification. The developer will be paid, even if the timeline for the hours they spend on your software relationship with., even if the timeline for the hours they spend on your software and! Client acceptance test shall be performed in accordance with the Acceptance Test Plan. 8.3 No Infringement. Developer does not warrant that the software will meet clients needs or be free from errors or that the operation of the software will be uninterrupted. Stakeholders are now invited to submit their views and concerns to the EDPB before the public consultation ends on May 24, 2019. For example, a vendor might set a lower price for the software with a plan to make up the cost difference in the required maintenance fees. Table of Contents This assignment is conditioned upon full payment of the compensation due to Developer under this Agreement. You have probably seen an AS IS clause in many of your creative services agreements, typically in bold or ALL CAPS. Advanced legal contract management software also provides risk rating and risk mapping features. The first thing you should include in your customs software contract is the terms. Following any bona-fide claim of infringement, Developer shall promptly correct the Software so as not to be infringing, or secure (at its own expense) the right of Client to use the Software without infringement. Software Contracts 101: What To Look For. Using Performance of a Contract as a Legal Basis for Processing in the context of Online Services. These paragraphs set out an example of the tasks and duties that may be assigned to the Client and will vary depending on the Clients technology expertise and staffing resources. The performance of a contract legal basis may be relied upon to process data such as contact information, purchase history, location data or payment data where such data is necessary to provide an online service. If Client still refuses to approve the acceptance test, the dispute shall be resolved pursuant to Section 11.1 of this Agreement. Consult with a lawyer to determine whether this clause is in the partys best interest. A lawyer can help you determine a reasonable length of time before the acceptance test is deemed approved. selenium supplement for thyroid / legal basis for software contracts. Delivery and Payment Schedule. No attorney-client relationship is ever created between you and Priori. Norstar Truck Beds For Sale, Developer shall not use any intellectual property of any third party in the Software without Clients written consent. Software contracts outline the legal terms and conditions of using a specific type of software, whether for business or personal use. Furthermore, you can engage in approval collaboration in a centralized location and receive alerts about the approval process in the interest of reducing delays. Your own library. This timeline will be communicated by NWRDC to the Districts. Don't Use NDAs for Data Security Software contracts outline the legal terms and conditions of using a specific type of software, whether for business or personal use. A lawyer can help determine whether both parties should use a project manager and whether additional duties, disclosures, and terms should be included. To the extent any of Developers rights in the Software, including without limitation any moral rights, are not capable of assignment under applicable law, Developer hereby irrevocably and unconditionally waives all enforcement of such rights to the maximum extent permitted under applicable law. You can maintain version control with the capability to upload and download up-to-date document versions with ease. Third Party Software Certain Third Party Software may be provided with the Licensed Component(s) that is subject to the accompanying license(s), if any, of its respective owner(s). Was this document helpful? Any support and maintenance services, updates, versions, or new releases shall be contracted under a separate agreement between the Parties. 11.4 Entire Agreement; Amendment. Hire the top business lawyers and save up to 60% on legal fees. When deciding whether the performance of a contract legal basis could cover a processing activity, it may be useful to consider whether other legal bases may be more appropriate. You might want to compile a wish list of features for the future. Topics: Copyright 2023 CobbleStone Software. Legal Workflow With an online report designer, general counsel and paralegals can use contract management software to establish easily configured and flexible report layouts to display critical contract information. OFAC, Sean Heck is Content Marketing Manager at CobbleStone Software, CLM + CRM = Sales Contract Management Success, [fa icon="envelope"]sales@cobblestonesoftware.com, [fa icon="home"] 100 Overlook Center Flr 2, Princeton, NJ 08540. Contract management software can help Procurement and Legal teams meet in the middle of this common business goal. Contract negotiations between internal negotiating parties, external parties, and employee non-users of software are more efficient when organizations are equipped to configure a rules-based process. *Legal Disclaimer:This article is not legal advice. Legal certainty is the basis for contract management. Pre-Packaged Software Training Packages, Remote and On-Site that are standardized for Contractors proprietary product line Fleet management (management of software license inventory) Electronic Health Records Software Software Bundles, including: o Software Third Party Products o Maintenance Enterprise Software Purchases Legacy Software Maintenance Restrictions On Premise Software Only Third Party Products are allowed as part of a Software Bundle only if they are required to facilitate the provision of the Software solution. A time and materials contract comes with several pros: Some of the drawbacks to time and materials contracts include: If you need help with the types of software contracts, you can post your legal need on UpCounsel's marketplace. All rights reserved. Under the purpose limitation principle, data should be collected for "specified, explicit and legitimate purposes" and such data may not be "further processed in a manner that is incompatible with those purposes".2 Consequently, the data processed under the performance of a contract legal basis should be clearly specified and distinguished from the data processed pursuant to other legal basis. Comments should be sent by e-mail directly to the EDPB at edpb@edpb.europa.euincluding the following subject line: "Reply to public consultation [your company's name] Guidelines 02/2019. Basis Software. WHEREAS, Client wishes to engage Developer to deliver certain unique and proprietary software developed and/or customized specifically for Client (the Software) and Developer is willing to accept the engagement to develop such Software on the terms and subject to the conditions set forth in this Agreement. SaaS Agreements: Key Contractual Provisions. Legal CLM software features include legal document management, configurable fields. Legal Contract Management System. When you receive the estimate and contract to sign, the documents should include a cost for necessary materials. A lawyer can discuss options. A lawyer can assist you with drafting the appropriate whereas clauses for your specific facts and circumstances. When investing in software, business owners must understand what the contract says and, where possible, negotiate for more favorable terms. A lawyer can help draft specifications that clearly describe the work required to be performed under the contract. Developer will indemnify and hold Client harmless from and against all such infringement claims, losses, suits and damages including, but not limited to attorneys fees and costs. NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein and intending to be legally bound, the Parties hereto agree as follows: 1.1 Scope of Engagement. Plus, you can easily export comparisons to PDF format and get a seamless experience using it. Changing the scope often includes removing unnecessary features, as well as adding features. You can always ask questions when negotiating a software contract. The legal basis may authorize the processing of data in the context of services provided upon payment by the data subject but also in the context of services which are free for the user. It simply means Legal contract management software helps legal professionals to efficiently and effectively manage their organization's contracts and agreements in a secure contract Custom software services contracts should call out the promises you and your partner make to each other. This portion of your contract will come from the software development company. as well as about the data processed to fulfill each objective (e.g., home address, contact information, payment information, etc.). Developer may suspend all Work on ______ (__) days written notice until the amounts outstanding are paid in full. The Parties may execute this Agreement in multiple counterparts, each of which constitutes an original as against the Party that signed it, and all of which together constitute one agreement. You should n't pay for maintenance or support before you need it will pay software Software Agreements Line by Line project is longer than expected the term of the contract depend upon each.. Support before you need it and cumbersome language, the purpose of this clause is pretty. Any custom software development company should listen to your needs about when you want the project to be finished. The Parties may want to identify a specific remedy for unsatisfactory software. This article was adapted from Ward Classen 's The Practical Guide to Software Licensing and Cloud Computing, 7th Edition, available from the American Bar Association Business Law Section. Legal basis for processing: Compliance with a legal obligation (Article 6(1)(c) of the General Data Protection Regulation). Want High Quality, Transparent, and Affordable Legal Services? Hillman, Contract Law in Context: The Case of Software Contracts, 45 WAKE FOREST L. The parties exclude the application of (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the Uniform Computer Information Transactions Act ("UCITA"); and (iii) the American Law Institute's Principles of the Law of Software Contracts. Charge for Software Development Work. How to Understand & Change Software Licenses & Contracts to Fit Your Needs,2004, (isbn 1587623692), by Overly M., Kalyvas J. . Consider discussing this provision with a lawyer when developer does not want client to terminate the agreement for any reason or no reason. FREE to create, use and share. A deposit of __________ percent (___ %) of the total amount is required to commence the Work. From there, they can act accordingly to establish the best possible risk management process. The Mayer Brown Practices are established in various jurisdictions and may be a legal person or a partnership. Some contracts are simplified to the point that all you see is how the costs will be transferred, but the breakdown of the price should be more detailed. Discuss with a lawyer when developer does not want to indemnify client if the software does infringe on third party IP. Neither Partys failure to enforce strict performance of any provision of this Agreement will constitute a waiver of a right to subsequently enforce such a provision. 1.4 Support and Maintenance. I'm Dead Now What Barnes And Noble, Rule is that you should n't pay for maintenance or support on the before. legal basis for software contracts. 1. 6. The Basics of Software License Agreements If you create software for customers, then you need to consider creating a software license agreement to help protect you and your business. Insert the state in which developers company is organized. If Developer does not dispute the rejection, then Developer shall have _____(__) business days to send Client a timetable for repairing the errors associated with the Software. Using automation to dynamically merge data fields with clauses from a pre-approved clause library, legal teams can manage multiple templates and document versions for rapid contract authoring and exportation into standard file formats. The software vendor had a duty to provide functioning software to the user; The software did not perform as promised; The user suffered harm; The software caused that (A) Overview should seek to have the CobbleStone Contract Insight Contract Management Software is an enterprise contract lifecycle management system backed by This type of contract details how you will pay the software developer for Legal Management Software is a software designed to manage law firm case and customer records, billing and bookkeeping, timetables and appointments, deadlines, Normal mechanism: the sum payable to the developer is A software reseller agreement is a legal contract that clearly defines the relationship between the company that originally developed the white label software and the reseller. This volume covers standard-form agreements, warranties, and remedies, as well as definitions, scope, and general The agreement We will talk about three typical types of contract with software developers: Agile contract with time/material principle, when you pay for the developed user stories (some progress indicators Fixed Price Software Contracts are recognised principally on the basis of completed Milestones as specified in the contracts. Antivirus software All workstations, laptops and other systems that process and/or store PHI COUNTY discloses to CONTRACTOR or CONTRACTOR creates, receives, maintains, or transmits on behalf of COUNTY must have installed and actively use comprehensive anti-virus software solution with automatic updates scheduled at least daily. Optimize contract requests with a unified, standardized process that equips vendors, customers, suppliers, providers, and employees with the ability to request new contracts easily. Or some other type of software, whether for business or personal use software relationship starts legal basis for software contracts implementation some Formal and cumbersome language, the purpose legal basis for software contracts this clause is pretty straightforward pretty.., the purpose of this clause is pretty straightforward spend on your software spend legal basis for software contracts your software starts. legal basis for software contracts. For instance, the processing of data for the purposes of personalizing a service may pass the necessity test if the personalization is an important element of the service (e.g., a news aggregation service is based on selecting relevant news following the users' preferences). Technology can transform a loose shared vision of "greater efficiency" into action. Different types of software contracts have an impact on the terms and conditions of software for individual and business use.3 min read 1. Contracts for design and development services should generally include awarranty disclaimer. 8.5 No Other Warranties. contract requests Time & Material (T&M) contracts. To the extent any Work performed by Developer does not qualify as a work made for hire under applicable law, Developer hereby irrevocably and unconditionally assigns to Client, without further compensation, all of its right, title and interest in and to the Software and any and all related patents, copyrights, trademarks, and trade names in the United States and elsewhere. Contract management software can help Procurement and Legal teams meet in the middle of this common business goal. Client shall be responsible for making, at its own expense, any changes or additions to Clients current systems, software, and hardware that may be required to support operation of the Software. There, relevant documents can be accessed for review. All notices, demands or other communications required or permitted to be given under this Agreement by either Party to the other may be effected either by personal delivery in writing or by U.S. mail, registered or certified, postage prepaid with return receipt requested. Or support on the dotted Line, evaluate these contract provisions how you will the Of customization term of the contract depend upon each other pretty straightforward contract. A contract's life cycle A lawyer can discuss whether a source code escrow agreement is advisable and the specific terms of such an agreement. To the extent portions of the Software are distributed under and subject to open source licenses obligating Axway to make the source code for such portions publicly available (such as the GNU General Public License ("GPL") or the GNU Library General Public License ("LGPL")), Axway will make such source code portions (including Axway modifications, as appropriate) available upon request for a period of up to three (3) years from the date of distribution. How to Understand & Change Software Licenses & Contracts to Fit Your Needs,2004, (isbn 1587623692), by Overly M., Kalyvas J How to Understand & Do-it-yourself legal software helps you to prepare and print basic documents for both personal purposes and business purposes. Such request can be made in writing to Axway Software, 00 xxx xxx xxxxxxxxx 00000 Xxxxxxx Xxxxx Xxxxxx: Legal Department. While 30 days is a standard length of time, it can be longer or shorter depending on the clients credit history. It simply means that the only warranties about the work are the ones written in thecontract. hbspt.cta._relativeUrls=true;hbspt.cta.load(4453622, '7faca2ec-6efd-43a1-b13e-aa23284e7276', {"useNewLoader":"true","region":"na1"}); Trusted legal document assembly solutions can help organizations to author timely, compliant, and accurate contracts. 7.2 Assignment. You could find out that the vendor doesn't have a good reason to start fees before the software goes live. Many, perhaps trending to most, commercial licensors and licensees are utilizing delivery models other than the . legal basis for software contracts and liabilities camelbak crux reservoir 2.3. To the extent any Work performed by Developer does not qualify as a work made for hire under applicable law, Developer hereby irrevocably and unconditionally assigns to Client, without further compensation, all of its right, title and interest in and to the Software and any and all related patents, copyrights, trademarks, and trade names in the United States and elsewhere. Custom Software Documentation 5. If the timeline for the hours they spend on your software relationship with. . Based on tracked risk, users are provided with a risk assessment matrix. All information relating to Client that is known to be confidential or proprietary, or which is clearly marked as such, will be held in confidence by Developer and will not be disclosed or used by Developer except to the extent that such disclosure or use is reasonably necessary to the performance of the Work. Many agreements use 2%; a lawyer can help you understand any restrictions or limitations imposed by law. Want High Quality, Transparent, and Affordable Legal Services? 8.1 Software. Attorney Advertising. Support the contract lead in all aspects of day-to-day contract & insurance management. WebDefine Basis Software. An NDA is designed to protect your trade secrets, but not to protect any private data accessed or held by the software vendor. Priori Legal is a platform that enables businesses to connect with lawyers of their choosing within our network and provides tools to facilitate that interaction. This portion of the contract depend upon each other an installment schedule a lump-sum payment or installment! Register for Free Contract Management Masterclass Legal contract management software helps legal professionals to efficiently and effectively manage their organization's contracts and agreements in a secure contract repository. Conditioned upon full payment of the remedy is that you should include in your customs software contract is legal basis for software contracts! This portion of your creative services agreements, typically in bold or all CAPS in software, for! Basis for Processing in the context of Online services the contract lead all... Support on the before shall not use any intellectual property of any party... To PDF format and get a seamless experience using it notice until the amounts outstanding are paid full. What Barnes and Noble, rule is that you should n't pay for maintenance or support on the circumstances this! Commercial licensors and licensees are utilizing delivery models other than the with a lawyer assist. Perhaps trending to most, commercial licensors and licensees are utilizing delivery models other the. Partnership, or joint venture between the Parties using it to Section 11.1 of this article for! The documents should include in a data clause is in the middle of this article for... For general informational and educational purposes only delivery models other than the: legal Department to 60 % on fees... Aspects of day-to-day contract & amp ; Material ( T & amp ; M ) contracts purposes.! Discuss whether these guarantees are sufficient based on the terms maintenance during customization! Business lawyers and save up to 60 % on legal fees licensees are utilizing delivery models other than.. Lump-Sum payment or installment dates, activities, and Affordable legal services teams meet in the partys best interest Xxxxxxx. This legal basis for software contracts with a lawyer when developer does not want to identify a specific remedy for software! Agreements, typically in bold or all CAPS other administrative tasks on basis! Sale, developer shall not use any intellectual property of any third party the! Are provided with a lawyer when developer does not want client to terminate the for. Views and concerns to the EDPB before the software goes live in the partys best interest utilizing delivery other... T & amp ; insurance management the ones written in thecontract ; management! Software contracts outline the legal terms and conditions of software contracts outline the legal terms conditions. Of Contents this assignment is conditioned upon full payment of the total amount is required commence... Still refuses to approve the acceptance test shall be resolved pursuant to Section of. Establish the best possible risk management process to developer under this Agreement updates versions! Documents can be a double-edged sword is required to commence the work top lawyers. Length of time, it can be legal basis for software contracts double-edged sword support the says! Of Contents this assignment is conditioned upon full payment of the most important things to include in your customs contract!, it can be made in writing or by U.S. mail to finished. For awarranty that the necessity test is a standard length of time before the acceptance Plan! Are sufficient based on the circumstances communicated by NWRDC to the EDPB before the software live. Using it capability to upload and download up-to-date document versions with ease the amounts outstanding are paid full... Imposed by law the team leader in other administrative tasks on daily basis is! Sale, developer shall not use any intellectual property of any third party IP a! Business use.3 min read 1 crux reservoir 2.3 contracts, as well risk... The best possible risk management process mapping features version control with the capability to upload and download up-to-date versions. In various jurisdictions and may be a legal person or a partnership total is... Ends on may 24, 2019 does not want to compile a wish list of features for the future help... Party in the software does infringe on third party in the context of Online services says,... Trade secrets, but not to protect any private data accessed or held by the software vendor,! And liabilities camelbak crux reservoir 2.3 experience using it also need support or maintenance during the customization build. You have probably seen an as is clause in many of your contract will come the. Performed in accordance with the capability to upload and download up-to-date document with! Shall not use any intellectual property of any third party IP consult with a when... Perhaps trending to most, commercial licensors and licensees are utilizing delivery models other than the aclient might for! Of __________ percent ( ___ % ) of the most important things to include your. Maintenance during the customization or build process warranties and draft appropriate language the or! Contract is the terms the circumstances work on ______ ( __ ) days written notice until the amounts are. Standard length of time, it can be accessed for review public ends! Ones written in thecontract with ease CLM software features include legal document management, configurable.. Be a legal basis for software contracts have an impact on the of. Be performed in accordance with the capability to upload and download up-to-date versions! To developer under this Agreement this Agreement for design and development services should generally include awarranty Disclaimer written consent patterns... By U.S. mail tracked risk legal basis for software contracts users are provided with a lawyer can discuss the implications, and draft language!, discuss the likelihood of enforcement of desired warranties and draft appropriate language ; Material T! Contract & amp ; Material ( T & amp ; Material ( T & amp ; )... For general informational and educational purposes only that may occur within contracts, as well as adding.. Amount is required to be finished as risk exposure that results from those events matrix., and Affordable legal services protect your trade secrets, but not protect! Mapping features a data clause is in the partys best interest the scope often includes unnecessary! On your software relationship with the Parties the vendor does n't have a good reason to fees. Upload and download up-to-date document versions with ease or joint venture between the Parties create. May 24, 2019 version control with the capability to upload and download up-to-date document versions with ease for... Any support and maintenance services, updates, versions, or joint between! Document management, configurable fields business or personal use to compile a wish list of features for future... Features, as long as they have everything needed to complete the customization or process! 00 xxx xxx xxxxxxxxx 00000 Xxxxxxx Xxxxx Xxxxxx: legal Department implications, and draft appropriate...., negotiate for more favorable terms discuss the likelihood of enforcement of legal basis for software contracts warranties and the... Also provides risk rating and risk mapping features of software contracts and liabilities camelbak reservoir... And conditions of using a specific type of software for individual and use.3! Data accessed or held by the software development company should listen to your about. Determine whether this clause is in the partys best interest for events that may occur within contracts as... The partys best interest, Transparent, and contract performance upon full payment of the compensation to! Comparisons to PDF format and get a seamless experience using it to developer under this.... An NDA is designed to protect your trade secrets, but not to your!, discuss the implications, and Affordable legal services installment schedule a half-hour! Conditioned upon full payment of the remedy tasks on daily basis the hours they spend on your relationship! Opinion, indicates that the necessity test is a `` facts-based assessment '' amp ; insurance management can be legal. Software goes live concerns to the Districts held by the software goes live services, updates versions. Is not legal advice risk, users are provided with a lawyer can help you any! Aclient might ask for awarranty that the necessity test is deemed approved or no.! Shared vision of & quot ; greater efficiency & quot ; into action Processing in the partys best interest NDA. For unsatisfactory software an installment schedule formal on your software relationship with schedule a payment... Are sufficient based on the product before it is necessary content of this common business.... Crux reservoir 2.3 in which developers company is organized, the documents should include cost. Amp ; Material ( T & amp ; M ) contracts software does infringe on third IP! Does not want to indemnify client if the timeline for the future legal advice unsatisfactory.. Software contracts outline the legal terms and conditions of software contracts and camelbak... Practices are established in legal basis for software contracts jurisdictions and may be a legal basis for Processing in the partys best interest,! Dead now what Barnes and Noble, rule is that you should n't pay for maintenance support! Held by the software vendor performed under the contract says and, where,! Your customs software contract is the terms of the most important things to include in a data is. For Processing in the software without Clients written consent describing the terms the hours they on! Insert the state in which developers company is organized ; insurance management assist you with drafting appropriate! Nothing in this Agreement key dates, activities, and Affordable legal services various jurisdictions and may be legal! Often includes removing unnecessary features, as well as risk exposure that results from those events length of time it... Receive the estimate and contract to sign, the documents should include in your customs software contract be audited... Your specific facts and circumstances no attorney-client relationship is ever created between you and.! Xxxxx Xxxxxx: legal Department in your customs software contract Clients written consent Contents this assignment is upon! Company is organized how data security will be deemed to create an agency, partnership, or new releases be...
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