Thank you for your selection of the Endless Hack. (“HACK”, “we,” or “us”) product. Hack was created to inspire and to empower, and so we strive to appreciate and respect our users.

 

These Terms of Use (the “Terms”) are a legally binding contract between you and HACK regarding your use of the Service. The Terms will govern your use of the HACK Operating System (the “HACK OS”), the HACK Computer and third-party programs included with or made available for the OS (the “Apps”), and other services provided by us (collectively, together with the OS and the Apps, the “Service”).

 

If you do not agree to these Terms, then please do not use the Service. If you acquired a device with the Service pre-loaded and do not agree to these Terms, you should return the device (including all accessories and materials provided with it) to the retailer where you purchased it and request a refund of the purchase price.

 

These Terms include an arbitration agreement, by which you agree that binding arbitration will resolve all disputes between you and HACK. Your rights will be determined by a neutral arbitrator, not a judge; and your claims cannot be brought as a class action. Please review Section 15 below for further details.

 

1. License to HACK Software and Updates.

 

1.1 Software. Unless specifically noted otherwise in writing, the OS, Apps, Updates (as defined below), and other materials distributed in connection with the Service (together, the “Software”) are licensed and are not sold. All Software is provided to you subject to a limited, individual, revocable, non-exclusive, non-transferrable, and non-assignable personal license to use the Software, subject to your compliance with these Terms. HACK reserves all rights to the Software not granted expressly in these Terms.

1.2 System Updates. From time to time, Hack may, at its own discretion, create updates, upgrades, enhancements or bug fixes (collectively “Updates”) to the Software, and make such Updates available to you. The Service may automatically download and install Updates without user confirmation.

1.3 Hack Content Updates. From time to time, Hack creates content updates and make such updates available to you based on your subscription to the monthly plan. The service may automatically install updates without user confirmation.

1.4 Third Party Content Updates. From time to time, Hack may create updates, upgrades, enhancements for 3rd party software. This content will be updated regardless of any subscription to Hack content. The service may automatically install updates without user confirmation.

 

2. HACK Hardware Warranty & Disclaimer

 

2.1 This Device Warranty and Disclaimer (the “Warranty”) represents the sole warranty terms between HACK COMPUTER (“HACK”) and you pertaining to your purchase of the enclosed HACK COMPUTER device (hereinafter, the “Device”) with which this Warranty is included. You must only use the Device in accordance with the user documentation that was shipped along with the Device (the “Specifications”).

 

2.2 HACK warrants only that the Device will be free from defects in material and workmanship for one (1) year from delivery to you (the “Limited Warranty”). Your sole remedy for breach of the Limited Warranty is the return of the allegedly defective Device to HACK at your sole expense. To return a Device, you should contact HACK at support@hack-computer.com or follow the contact instructions at our website www.hack-computer.com. You must submit a claim under this warranty to HACK before returning any allegedly defective Device. If such Device is found by HACK to be defective, HACK, at HACK' sole option, will repair or replace the Device with a functionally similar HACK device. If HACK determines that it is unable to repair or replace the Device, HACK will refund you the purchase price you paid for the defective Device. You may be required to furnish proof of purchase details when making a claim under this Warranty. Any Device returns must be accompanied by all components sold with the Device (computer, power cord, power adapter, and HDMI cable), a copy of the receipt for the Device, and your contact information including your name, address, phone number and email address (optional).

 

2.3 Notwithstanding the foregoing, no warranty, expressed or implied, will extend to any Device (i) where identification labels on the Device have been removed or altered, (ii) where the purchase price was waived, (iii) that has been subjected to misuse (including overclocking or attempts to overclock the Device), neglect, accident, improper storage or installation, or other use not in conformance with the Specifications, or (iv) that has been repaired, modified, or altered by anyone other than HACK. In addition to the foregoing, no warranty, expressed or implied, will cover problems that result from (i) disasters including fire, water, or other acts of nature, (ii) electrical conditions such as those caused by lightning strikes, power fluctuations, electrical surges or outages, or any other such condition that may affect the electricity source; (iii) loss or damage in transit; (iv) failure caused by a product for which HACK is not responsible; (v) normal wear and tear; (vi) a failure to follow the Specifications; (vii) viruses or other malicious code in the Device firmware that have been introduced other than by HACK; or (viii) any other cause which does not relate to a Device defect. You hereby acknowledge and agree that you have not relied on any representations or warranties other than those expressly set forth herein.

 

2.4 EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE HARDWARE IS PROVIDED ON AN “AS IS” BASIS AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, HACK EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY WITH RESPECT TO HACK HARDWARE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CLIENT ENJOYMENT, ACCURACY, QUALITY, TITLE, OR INFRINGEMENT. HACK DOES NOT WARRANT THAT THE DEVICE IS ERROR-FREE OR THAT OPERATION OF SUCH DEVICE WILL BE SECURE OR UNINTERRUPTED. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD. THE PREVIOUS LIMITATION MAY NOT APPLY TO YOU BECAUSE SOME STATES, COUNTRIES, AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY.

 

2.5 LIMITATION OF LIABILITY. IN NO EVENT SHALL HACK, ITS AFFILIATES, SUBSIDIARIES, AUTHORIZED RESELLERS, AND THEIR SUPPLIERS BE LIABLE IN CONTRACT, TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE), PRODUCTS LIABILITY, OR ANY OTHER THEORY OF LIABILITY, OR OTHERWISE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, COST OF PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF GOODWILL, DAMAGE OR DESTRUCTION OF DATA, OR OTHER BUSINESS LOSS, EVEN IF HACK HAS BEEN ADVISED OF SAME.

 

IN NO EVENT WILL HACK’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH OR RELATED TO THE DEVICE, FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING BUT NOT LIMITED TO TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY AND BREACH OF WARRANTY, EXCEED THE AMOUNT YOU PAID FOR THE DEVICE THAT IS THE SUBJECT OF THE CLAIM.

THE LIMITATIONS OF LIABILITY AND EXCLUSIONS OF REMEDIES SET FORTH HEREIN ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS WARRANTY.

 

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE OR FROM COUNTRY TO COUNTRY. YOU ARE ADVISED TO CONSULT APPLICABLE STATE OR COUNTRY LAWS FOR A FULL DETERMINATION OF YOUR RIGHTS.

 

2.6 NON-TRANSFERABLE. The Warranty is provided to you only and is not transferable to any third party.

 

2.7 GOVERNING LAW; VENUE. This Warranty is governed by the laws of the State of California in the United States of America, without giving effect to provisions related to the choice of laws or conflict of laws. The parties specifically disclaim the applicability of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Any dispute between you and HACK regarding this Warranty will be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California in the United States of America.

 

2.8 ENTIRE AGREEMENT; SEVERABILITY. This Warranty constitutes the sole and exclusive agreement between the parties regarding the Device, although additional terms will apply regarding your use of the software on the Device. If any provision of this Warranty is held invalid or unenforceable, the remainder of this Warranty will continue in full force and effect.

 

2.9 REVISIONS. HACK reserves the right to change the terms of this Warranty at any time without notice. Any changes to this Warranty shall apply only to new products or Devices purchased after such changes take effect and are made available to you.

 

3. Eligibility. You represent and warrant to us that you are legally able to contract with us, or that if you are under age, a legal guardian, tutor or parent has agreed to the terms. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity, organization, or company to these Terms and you agree to be bound by these Terms on behalf of that entity, organization, or company.

 

4. Content Disclaimer. When using the Service you may be exposed to content from a variety of third party sources, including the internet. You acknowledge that such content may be inaccurate, offensive, indecent or objectionable, and you waive any legal or equitable rights or remedies you may have against HACK with respect to such content.

 

5. Data Collection.

 

5.1 Default. Certain information is reported to HACK periodically by the Service. This information includes the version of the OS which was installed and is currently being used, the device that is being used to run the OS and its approximate location, how the OS was installed, and how long the OS has been installed on that device.

5.2 Optional. Additional information may be reported to HACK periodically by the Service’s user metrics system. To enable and disable this system, use the “Privacy” settings in the OS control center.

 

5.3 Data Usage. HACK may process and use the data it collects about your usage (collectively, the Usage Information), and may share the Usage Information in an anonymous and aggregate form with third parties including, but not limited to, current and potential content providers, app developers, hardware manufacturers who ship the OS, investors. In addition, when legally required, Usage Information may be shared with government agencies.

 

6. Prohibited Conduct. You will not:

 

6.1 use the Service for any fraudulent or illegal purpose, or in violation of any local, state, national, or international law;
 

6.2 violate the rights of third parties, including by infringing or misappropriating third-party intellectual property rights;
 

6.3 attempt to do any of the foregoing in this Section 5, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section 5.

 

7. Termination of Use; Discontinuation and Modification of the Service. If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, HACK, in its sole discretion may suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. You may terminate these Terms at any time by contacting customer service at support@hack-computer.com. If you terminate these Terms, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination. Upon termination of these Terms, you will cease all use of the Service.

 

8. Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may provide with Apps or other Software or parts of the Service in the future (the "Additional Terms"), such as end-user license agreements for any Apps that we may offer, or rules applicable to particular features or content on the Service, subject to Section 9 below. The Additional Terms may require you to agree to them from time to time in order to continue the Service. All such Additional Terms are hereby incorporated by reference into and made a part of, these Terms.

 

9. Languages and Localization. In the event of a dispute between the English version of these terms and any translated versions, the English version will govern, to the extent not prohibited by applicable law. The Service, including Third Party Software, may not be available in all languages or in all countries, and HACK makes no representation that the Service is appropriate or available for use in any particular location.

 

10. Third-Party Software and Open Source.

 

10.1 Third-Party Terms. The Service contains materials, including software code, provided by third parties (“Third Party Software”) subject to separate license terms (the “Third Party Terms”). HACK has no obligation to provide updates, maintenance, warranty, technical or other support or services for Third Party Software or third-party services. Your use of the Third-Party Software in conjunction with the Service in a manner consistent with the Terms is permitted. You may have broader rights under the applicable Third Party Terms and nothing in the Terms is intended to impose further restrictions on your use of the Third-Party Software. In addition to Sections 9.3 and 9.4 below, you can find certain required notices and other information regarding Third-Party Software, including open-source software, here.

10.2 Open Source Modification. HACK makes available some of the open-source components included in the Third-Party Software on our public GitHub account, located at https://github.com/endlessm. HACK does not represent or warrant that the licensing information provided is correct or error-free, and we encourage you to notify us of any inaccurate information. If you make modifications to any open-source software contained in the Service, HACK updates may overwrite such modifications without warning.

10.3 Google. Use of Google Inc.’s software and services in the Service is subject to the Google terms of service (http://www.google.com/terms_of_service.html) and to Google's privacy policy (http://www.google.com/privacypolicy.html).

 

10.4 GNU. Certain Third-Party Software included in the Service is licensed under the terms of the GNU General Public License (GPL) or the GNU Library/Lesser General Public License (LGPL). The GPL/LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of the GPL and LGPL is included with the Software. If you would like a copy of the GPL source code used in the Software, please contact HACK as provided in Section 10.5 below.

10.5 Source Code Requests. Certain Third Party Terms, such as the GNU General Public License, GNU Lesser (or Library) General Public License, and Mozilla Public License, require HACK to make available the source code corresponding to free and open-source binaries distributed under those Third Party Terms without charge except for the costs of media, shipping and handling. If you would like to receive a copy of such source code, submit a request to HACK:
 

By postal mail:
Endless Hack
Attn: FOSS Requests
575 Market Street, Suite 825
San Francisco, CA 94105

 

By email:
support@hack-computer.com

 

Please include the following in your requests:
the software packages for which you are requesting source code;
the OS and version number with which the requested Software was distributed; an email address and/or phone number at which we may contact you regarding the request (if available); and
the postal address for delivery of the requested source code.

We will make commercially reasonable efforts to honor your valid requests in a timely manner.

 

11. Indemnity. You agree that you will be solely responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless HACK and its officers, directors, employees, consultants, affiliates, subsidiaries, retailers and agents (collectively, the "HACK Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of the Service; (b) your violation of (i) these Terms or any representation, warranty, or agreements referenced in the Terms, (ii) Third Party Terms, or (iii) any applicable law or regulation; (c) your modifications to open source Third-Party Software (d) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (e) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.

 

12. Disclaimers; No Warranties
The Service, including the Software and any device hardware, and all materials and content available through the service, are provided "as is" and on an "as available" basis, without warranty or condition of any kind, whether express, implied, or statutory. The HACK Entities specifically (but without limitation) disclaim all warranties of any kind, whether express or implied, relating to the Service and all materials and content available through the Service, including but not limited to: (a) any implied warranties of merchantability, fitness for a particular purpose, title, satisfactory quality, accuracy, performance, quiet enjoyment, or non-infringement; and (b) any warranties arising out of course of dealing, usage, or trade. The HACK Entities do not warrant against interference with your enjoyment of the Software or Service, that the functions contained in or services performed or provided by HACK will meet your requirements or expectations, that any services will continue to be made available, that the Software or Service will be compatible or work with any third-party software, applications, or third-party services, that the Service or any part thereof will be uninterrupted, secure, or free of errors, defects, viruses, or other harmful components, or that any of the foregoing will be corrected. HACK does not warrant or represent that the Software will be compatible with any operating systems, applications, or hardware provided by third parties. Installation or use of the Software may affect the usability of third-party software, applications, or third-party services.

You assume all risks for all damages that may result from your use of or access to the Service, your dealings with other Service users, and any materials or content available through the Service. You understand and agree that you use the Service and use, access, download, or otherwise obtain materials or content through the Service and any associated sites or services at your own discretion and risk, and you will be solely responsible for any damage to your property (including your computer system used in connection with the service) or loss of data that results from the use of the Service or the download or use of such materials or content.

You acknowledge that the Software and Service are not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in the content, data, or information provided by the software or service could lead to death, personal injury, fire or severe physical or environmental damage, including without limitations the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, motor vehicles, life support, or weapons systems.

No oral or written information or advice provided by HACK or its authorized representatives will create any warranties not expressly set forth in these terms. If the Software or Service prove defective and thereby incur any damage, you assume the entire cost of all necessary servicing, repair, or correction.

Some jurisdictions may prohibit some disclaimers of warranties and you may have other rights that vary from jurisdiction to jurisdiction. To find about more about your rights, you should contact a local consumer organization, consumer protection authority, or attorney.

 

13. Limitation of Liability
In no event will the HACK Entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including, without limitation, damages due to business interruption, moral damages, loss of profits, goodwill, use, data, including corruption of data or failure to transmit or receive any data or information, or other intangible losses) arising out of or relating to your access to or use of, your inability to access or use, or changes to, the Service or any materials or content on the Service, whether based on warranty, contract, tort (including negligence), statute or any other legal theory, whether or not the HACK Entities have been informed of the possibility of such damage.

You agree that the aggregate liability of the HACK Entities to you for any and all claims arising out of or relating to the use of or any inability to use the service (including any materials or content available through the service, temporarily or permanently) or otherwise under these terms, whether in contract, tort, or otherwise, is limited to $50 United States Dollars or the amount you paid for the Service, whichever is smaller.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Accordingly, if that is the case, and only to that extent, the above limitation may not apply to you.

Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is agreed to allocate the risks under these terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section 12 will apply even if any limited remedy fails of its essential purpose.

 

14. Export. HACK’s Service and Software may be subject to domestic and foreign export and re-export control laws and regulations. You will comply with all applicable export and re-export control laws and regulations, including both domestic and foreign controls. Specifically, you warrant that you are: (a) not located in Cuba, Iran, North Korea, Sudan, or Syria; and (b) not a denied party as specified in domestic or foreign regulations. You will not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from HACK to any destination, entity, or person prohibited by applicable laws or regulations, including those of any other country from which the product has been exported, without obtaining prior authorization from the competent government authorities as required by those laws and regulations.

 

15. General. These Terms, together with any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and HACK regarding your use of and access to the Service. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. The use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms Sections, 2-3 and 5-17 will survive.

 

16. Dispute Resolution and Arbitration

 

16.1 Generally. This contract contains an arbitration agreement. In the interest of resolving disputes between you and HACK in the most expedient and cost-effective manner, you and HACK agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, which may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these terms, you and HACK are each waiving the right to a trial or to participate in a class action.

 

16.2 Exceptions. Notwithstanding subsection 15.1, nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to: (a) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; and (b) seek injunctive relief, to the extent permitted by law or in connection with the arbitration, in a court of law.

16.3 Arbitrator. Any arbitration between you and HACK will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting HACK.

 

16.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail ("Notice"). HACK's address for Notice is:

 

Endless HACK 575 Market Street,

Suite 825, San Francisco,

CA 94105.

 

The Notice must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 calendar days after the Notice is received, you or HACK may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or HACK shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award if any. If our dispute is finally resolved through arbitration in your favor, HACK shall pay you (I) the amount awarded by the arbitrator, if any, or (II) the last written settlement amount offered by HACK in settlement of the dispute prior to the arbitrator’s award, whichever is greater.

16.5 No Class Actions. You and HACK agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and HACK agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

16.6 Modifications. We may revise these Terms at any time without notice. By continuing to use this Service after you have been notified of a modification, you are agreeing to be bound by the modified version of these Terms.

16.7 Enforceability. If Subsection 15.5 is found to be unenforceable or if the entirety of this Section 15 is found to be unenforceable, then the entirety of this Section 15 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 18 shall govern any action arising out of or related to these Terms.

 

17. Consent to Electronic Communications. By using the Service, you consent to receive certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including any requirements that such communications be in writing.

 

18. Notices and Contact. Except as set forth in Sections 9 and 15, all notices to HACK must be sent to Endless HACK, 575 Market Street, Suite 825, San Francisco, CA 94105 by certified mail, and will be deemed given upon receipt by HACK. All notices by HACK to you will be sent to the email address you have made available to HACK and will be deemed given on the day sent. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.

19. Governing Law. These Terms shall be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder and not legally subject to arbitration under the applicable laws, then in that case you and HACK agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating all such disputes.

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