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TERMS OF USE AGREEMENT
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THE SERVICES AT THIS WEBSITE ("Website") ARE PROVIDED BY OHMONDAY PTE LTD, A COMPANY INCORPORATED IN SINGAPORE WITH REGISTRATION NUMBER 200900164E ("OhMonday"), SUBJECT TO AND ON THE FOLLOWING TERMS. BY ACCESSING OR USING ANY PART OF THE Website, YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO COMPLY WITH THESE TERMS INCLUDING SUCH OTHER TERMS AS INCORPORATED BY REFERENCE (collectively Terms).
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| 1. |
Website Services and Access
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| 1.1 |
The services and/or information at this Website ("the Website Services") are made available for your convenience only. OhMonday shall not be under any obligation to provide the Website Services in any particular manner or at all and shall not be held responsible for any reliance placed on such Website Services.
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| 1.2 |
The Website and Website Services shall only be accessed and used for the purposes and in the manner as they are intended.
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| 1.3 |
OhMonday is not obliged to review but may at any time, with or without prior notice:
| 1.3.1 |
modify, delete, edit or withdraw any part or all of the Website or Website Services, including any material or content posted by any user; or
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| 1.3.2 |
stop, suspend, terminate or prevent access to any part or all of the Website Services in relation to any one or more users, whether or not temporarily,
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and whether for the purposes of updating, upgrading or system maintenance or on account of any material or service which OhMonday determines to violate this Agreement or to be or may be offensive, illegal or may harm, threaten or violate the rights, safety or interest of users or others.
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| 2. |
User Account and Registration
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| 2.1 |
To use the Website Services, you need to register as a member and create an account with OhMonday (User Account), whether for Website Services for which payment is required or not.
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| 2.2 |
You represent and warrant that all registration information you submit is truthful and accurate and that your use of the Website Services does not violate any applicable law or regulations, or any obligation (including contractual obligation) you might have towards third parties.
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| 2.3 |
Your User Account may be deleted without any warning if OhMonday believes that any representation or warranty you have made is untrue or inaccurate or has been breached.
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| 3. |
Paid Services
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| 3.1 |
If you register for Website Services for which payment is required ("Paid Services"), the login user name and password provided by you will enable you to access such Paid Services during the period covered by your payment by persons:
| 3.1.1 |
whom you authorize and use your login user name and password in accordance with and subject to your requirements; and
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| 3.1.2 |
whose use you take responsibility for, whether or not they comply with your requirements and scope of authority.
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| 3.2 |
Upon expiry of the period of usage for which you have made payment, the login user name and password remains valid but you will no longer have access to Paid Services. You may reuse the same user name and password in the event you subsequently re-subscribe and pay for Paid Services.
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| 3.3 |
You will be responsible for ensuring the confidentiality and security of the user name and password for all activities under your User Account and OhMonday will not be held accountable or liable for any loss or damage arising from your failure to comply with this obligation.
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| 4. |
Payments
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| 4.1 |
You may choose to pay for Paid Services by using the online payment service or alternative payment mode as indicated on the website
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| 4.2 |
All fees payable shall:
| 4.2.1 |
be paid at the current applicable rates which may be revised from time to time by OhMonday;
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| 4.2.2 |
be due and payable in advance of your use of Paid Services;
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| 4.2.3 |
be non-refundable whether on account of non-use or partial use or otherwise. In exceptional cases, refund will be given at the discretion of the company managemen
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| 4.2.4 |
be exclusive of all taxes, levies or duties imposed by the relevant authority, for which you shall be responsible for paying.
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| 5. |
Prohibited Use and User Conduct
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| 5.1 |
You may NOT use any of the Website Services:
| 5.1.1 |
for any purpose other than that for which they are intended; or
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| 5.1.2 |
for any illegal or unauthorized purpose; or
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| 5.1.3 |
in any manner which is a violation of any laws, including copyright laws.
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| 5.2 |
You further agree NOT to:
| 5.2.1 |
use this Website or the Website Services to harvest, collect or solicit personal information or passwords, email addresses or other information of other users or third parties by electronic or other means whether for the purposes of sending unsolicited emails or other unsolicited communications or otherwise;
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| 5.2.2 |
use any automated scripts to collect information from or otherwise interact with this Website or the Website Services;
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| 5.2.3 |
use this Website or the Website Services in any other manner that could damage, disable, overburden or impair this Website or the Website Services;
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| 5.2.4 |
register more than one User Account or register any User Account on behalf of any other person or entity other than as the authorized personnel on behalf of such entity which you represent ;
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| 5.2.5 |
use or attempt to use any other party's User Account or service or system without proper authorization;
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| 5.2.6 |
create a false identity or impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity in information you provide to or based on information obtained from this Website or through use of the Website Services;
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| 5.2.7 |
upload, post, transmit, share or otherwise make available at or through this Website or the Website Services, any -
| (i) |
unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
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| (ii) |
private information of any third party, including his or her address, phone number or email address;
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| (iii) |
material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
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| (iv) |
content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law or which may intimidate or harass another;
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| (v) |
content that, in the sole judgment of OhMonday, is objectionable or otherwise restricts or inhibits any other person from using or enjoying this Website or the Website Services, or which may expose OhMonday or its users to any harm or liability of any type; or
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| (vi) |
content that OhMonday deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
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| 6. |
User Content and Other Users
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| 6.1 |
In connection with your use of this Website or the Website Services, you may be required or permitted to provide, post or publish information, images or other materials or OhMonday may otherwise collect data arising from such use, whether with your knowledge or not (collectively "User Content"). You acknowledge and agree that such User Content may be viewed or relied upon by OhMonday or other users or third parties. You further undertake to ensure and represent and warrant that any User Content you provide, post or publish at or through this Website:
| 6.1.1 |
is current and up-to-date and is not misleading or inaccurate in any way or at any time;
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| 6.1.2 |
is duly authorized for posting or publication at or through this Website;
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| 6.1.3 |
does not violate any applicable laws;
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| 6.1.4 |
does not infringe the intellectual property, confidentiality or other rights of any third party including any current or previous employer;
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| 6.1.5 |
does not contain illegal, defamatory, libelous, pornographic or obscene materials or promote sexually explicit materials; and
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| 6.1.6 |
does not contain or will not import any viruses or other disabling devices which may interfere, damage, surreptitiously intercept, access or expropriate any system, data or information of OhMonday or any other users.
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| 6.2 |
You authorize OhMonday to make such copies of the User Content as OhMonday requires to enable the posting, publication and/or storage of the same at or for the purposes of this Website. OhMonday reserves the right (but shall not be obliged) to reject, remove, block or edit any User Content which it finds or is otherwise informed to contravene any of the above requirements or to be unsuitable or inappropriate.
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| 6.3 |
You are deemed to grant to OhMonday a non-exclusive, perpetual, irrevocable, transferable, worldwide, royalty free licence to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), distribute and/or prepare derivative works of any User Content and/or sublicense any of the aforesaid rights for any commercial or non-commercial purpose as OhMonday deems appropriate including but not restricted to :
| 6.3.1 |
planning and research;
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| 6.3.2 |
development and marketing of products and services;
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| 6.3.3 |
communicating with you or sending to you promotional or other materials which OhMonday considers may be of interest to you or are otherwise related to the Website Services;
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| 6.3.4 |
disclosure to other governmental agencies and bodies; and/or
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| 6.3.5 |
compliance with applicable law and/or any order or direction or court or other competent authority.
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| 6.4 |
You shall be solely responsible for and shall keep OhMonday harmless from and against any and all liability, loss, claim, action or proceedings arising from User Content that you upload, post, publish or display at or through this Website or the Website Services.
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| 6.5 |
Content from other users, advertisers and third parties may be made available to you through this Website or the Website Services, which you acknowledge and agree:
| 6.5.1 |
are not under the control of OhMonday; and
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| 6.5.2 |
OhMonday shall not be responsible for under any circumstances.
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| 6.6 |
OhMonday will not be responsible and disclaims all liability for nor be in any way involved in any :
| 6.6.1 |
interaction, communication or transaction between you and any other user, advertiser or third party, whether or not through use of this Website or the Website Services;
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| 6.6.2 |
third party's use or disclosure of information about or relating to you; or
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| 6.6.3 |
the conduct, whether online or offline, of any user of this Website or the Website Services or any information, content, material, software, system or facility posted, made available or represented by any other user or third party through this Website or encountered in the use of the Website Services.
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| 7. |
OhMonday's Rights
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| 7.1 |
OhMonday reserves the right (but shall not be obliged) to:
| 7.1.1 |
monitor, screen, censor or reject any activity, content or material appearing on this Website;
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| 7.1.2 |
investigate any violation or contravention of these Terms; and
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| 7.1.3 |
do such acts as OhMonday finds necessary or desirable in connection with the operation of this Website and/or the provision of the Website Services.
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| 7.2 |
OhMonday further reserves general discretion over the management and operation of this Website and the Website Services.
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| 8. |
Intellectual Property
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| 8.1 |
All copyright, trade marks and other intellectual property rights comprised or subsisting in the information, text, graphics, scripts, software, technology, music, sound, photographs, images and/or any other materials or works used on, contained in or used in connection with this Website and/or the Website Services (collectively "the Website Materials") are the sole and exclusive property of OhMonday and/or its licensors.
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| 8.2 |
Subject to your compliance with these Terms, you are permitted (at your own discretion and risk) to download and print the Website Materials only for personal, non-public and non-commercial use. Other than such limited permission, you shall not use, make public reference to, create derivative works from, reproduce, reverse compile, adapt, modify, distribute, commercially exploit, display, broadcast, link or transmit in any manner or by any means or store in any information retrieval system any part of this Website or the Website Materials without OhMonday's prior written consent.
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| 9. |
Links to and from Other Web-sites
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| 9.1 |
You must not insert any link, whether by hyper-linking, deep-linking or otherwise, to this Website from any other web-site or indicate in any manner and/or in any forum or publication whatsoever, any association with or link to this Website without OhMonday's prior written consent.
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| 9.2 |
Any other third party web-sites (Other Websites) linked to this Website by hyper-linking, deep-linking or otherwise (with or without the consent of OhMonday) are so linked for convenience and ease of reference only. OhMonday does not represent or intend for such links to be referrals or endorsements of such Other Websites or the entities operating them.
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| 9.3 |
OhMonday does not control nor contribute to the Other Websites or the information contained in or services or facilities offered or made available at the Other Websites. OhMonday will not be liable for any loss or damage which arises from or for any reliance placed on or the use of any information, services or facilities provided at the Other Websites.
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| 10. |
DISCLAIMER
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| 10.1 |
THIS WEBSITE AND THE WEBSITE SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES WHETHER EXPRESS OR IMPLIED. OhMonday DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, ACCURACY, AVAILABILITY, NON INFRINGEMENT OR IMPLIED WARRANTIES FROM COURSE OF DEALING OR USAGE OF TRADE TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
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| 10.2 |
OhMonday DOES NOT GUARANTEE UNINTERRUPTED, CONTINUED OR SECURE ACCESS TO THIS WEBSITE OR THE WEBSITE SERVICES OR THAT ANY OF THEM WILL BE ERROR FREE OR FREE FORM COMPUTER VIRUS OR OTHER INVASIVE OR DAMAGING CODE OR THAT USE OF THIS WEBSITE OR THE WEBSITE SERVICES WILL YIELD OR PROVIDE ANY SPECIFIC RESULTS.
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| 10.3 |
OhMonday DOES NOT ASSUME RESPONSIBIILTY FOR AND EXCLUDES AND DISCLAIMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL LIABILITY FOR ANY:
| 10.3.1 |
INACCURACY OF ANY INFORMATION APPEARING AT THIS WEBSITE;
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| 10.3.2 |
DAMAGES, WHETHER GENERAL, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, AS WELL AS LOST PROFITS, LOST BUSINESS, LOST OPPORTUNITY OR LOST DATA HOWSOEVER ARISING INCLUDING IN CONSEQUENCE OF USE OF OR RELIANCE PLACED ON THIS WEBSITE AND/OR THE WEBSITE SERVICES, AND WHETHER IN CONTRACT, TORT OR OTHERWISE;
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| 10.3.3 |
DELAY, FAILURE OR INABILITY TO GAIN ACCESS TO OR USE THIS WEBSITE AND/OR THE WEBSITE SERVICES DUE TO ANY REASON WHATSOEVER; AND/OR
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| 10.3.4 |
OTHER RIGHT, REMEDY OR OBLIGATION OTHER THAN LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY OhMonday's NEGLIGENCE;
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| 10.3.5 |
LOSS OF DATA, INCLUDING ANY USER CONTENT, WHICH YOU ARE RESPONSIBLE FOR MAKING BACK-UP COPIES OF AS YOU MAY REQUIRE.
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| 10.4 |
YOU ACCEPT (AND EXCLUDE OHMONDAY FROM) ALL RISKS OF LOSS, DAMAGES, COSTS AND OTHER CONSEQUENCES ARISING DIRECTLY OR INDIRECTLY FROM USING THIS WEBSITE OR ANY OF THE OTHER WEBSITES.
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| 10.5 |
REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE FOUND AT THIS WEBSITE DOES NOT CONSTITUTE NOR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF BY OR ANY AFFILIATION WITH OHMONDAY.
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| 11 |
Termination and Suspension
OhMonday reserves the right to terminate or suspend your right to access this Website or use the Website Services or your User Account or to delete your profile for any reason including your violation of any of these Terms, or for no reason, at any time in its sole discretion, with or without notice.
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| 12. |
Amendments and Other Terms
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| 12.1 |
OhMonday may from time to time amend these Terms. Please therefore update yourself on any amendments to these Terms. If you use this Website or the Website Services following the effective date of such amendments, you shall be deemed to have accepted the amended Terms.
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| 12.2 |
Please note that additional terms and conditions may apply to the use of certain of the Website Services as indicated elsewhere at this Website and which shall form part of these Terms.
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| 13. |
Governing Law / Jurisdiction
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| 13.1 |
The Terms and your use of this Website and Website Services shall be construed in accordance with and governed by the laws of Singapore.
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| 13.2 |
You irrevocably agree to submit to the non-exclusive jurisdiction of the Courts of Singapore in respect of any matter or dispute arising in connection with these Terms and/or your use of this Website and/or Website Services.
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| 13.3 |
This Website is maintained and run by OhMonday from its location in Singapore. You are solely responsible for complying with the applicable laws to which you are or may be subject and you are not permitted to access this Website or use the Website Services from any location where this is not permitted or illegal.
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Try
Out!
The Employee Employment
Satisfaction Profile (EESP)
survey
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First
of its kind
Two dimensional factors
rating
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Graphical results
presentation
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