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WEBSITE TERMS OF SERVICE
Last Updated April 26, 2018

Thank you (“You”) for visiting a website owned by Candy Lab, Inc. (collectively, “Candy Lab”, “we”, “us” and “our”). Candy Lab operates ARFuse and ARFuse Portal.

These Website Terms of Service (the “Terms”) govern the terms and conditions around Your use of any of our websites (the “Sites”), and Your use or access of any other “Virtual Environment” of ours, including but not limited to our developer portals (for example, the ARFuse Portal), application programming interfaces (APIs), download page/s, so-called sandboxes, digital certificates, tools, materials and documentation made available by us. These Terms are effective as of the date that You register, access, or use any of the Sites or Virtual environments of ours (the “Effective Date”).

Before registering, accessing, or using any of the Sites or Virtual Environments, please read on. By registering, accessing, or using the Sites or Virtual Environments, You accept the terms and conditions outlined in these Terms. If You do not agree to the Terms, You may not access the Sites or Virtual Environments. If You use the Services (as defined below) on behalf of a business, You represent and warrant that You can enter into these Terms with us on behalf of that business, that You accept the terms and conditions contained herein on behalf of that business, and that You have retained a copy of these Terms.

Should you purchase anything, unless otherwise noted or required by law, no substitutions, exchanges or refunds are provided. In addition to these Terms concerning the general use and access of the Sites or Virtual Environments, further or specific terms and conditions or agreements may apply to Your use or to any of our Services. To the extent any of the Terms you are reading on this page are inconsistent with further or specific terms and conditions or an agreement, the terms and conditions or the agreement will control.

1. OUR SERVICES.
We provide online-based electronic services to individuals, businesses, and governmental authorities (the “Services”). The Services are provided in accordance with our brands’ pages and their agreements.

2. PRIVACY POLICY
If You are not a European Union (“EU”) data subject (“EU Subject”), You agree to the terms of our privacy policy (available at: http://candylab.wpengine.com/privacypolicy/) as it may be updated by us from time to time pursuant to its provisions.

If You are an EU Subject, as defined by the Regulation (EU) 2016/679 (GDPR), You agree to the terms of the Candy Lab International Privacy Policy (available at: http://candylab.wpengine.com/privacypolicy/) as it may be updated by us from time to time pursuant to its provisions.

You agree and acknowledge that Your data may be processed by staff operating outside the United States or the European Union who work for Us or one of Our partners, merchants or affiliated companies, or one of our third-party suppliers.

3. CONSENT AND ELECTRONIC COMMUNICATIONS
When and if You access any of the Website or Tools, or send any emails to our brands or their representations and representatives, You are electronically communicating with Us. Such action constitutes consent to the receipt of our electronic communications. We may e-mail You back or post notices on the Sites or Virtual Environments. Such action also confirms that all communications We provide to You electronically do satisfy legal requirements that such communications be in writing, if applicable.

4. INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS & LICENSE GRANT
As between you and Candy Lab, the Sites or Virtual Environments and related design (including but not limited to text, content, photographs, video, audio, interfaces, graphics, and the selection and the arrangement thereof), and all intellectual property rights therein are and shall at all times remain the sole and exclusive property of Candy Lab and are protected by applicable US and international intellectual property laws and treaties. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Sites or Virtual Environments (“Submissions”), provided by you to Candy Lab are voluntary, non-confidential, and Candy Lab will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Any use of the materials on the Sites or Virtual Environments, other than as permitted by agreement (including reproduction, modification, distribution, or republication), without prior written permission of Candy Lab, is prohibited.

You are granted a nonexclusive and nontransferable license to electronically access and use the Sites or Virtual Environments only in the manner described in these Terms. Unless otherwise specified, Candy Lab does not sell to you, and you do not have the right to sublicense, any Candy Lab intellectual property. You agree and acknowledge that Candy Lab has the right to change the content or technical specifications of any aspect of the Sites or Virtual Environments, including their availability, at any time, in Candy Lab’s sole discretion. Candy Lab may release subsequent versions, and You may be required to use those subsequent versions. You further agree that any such change may result in You being unable to access the Sites or Virtual Environments. Candy Lab may revoke or terminate this license at any time, without liability.

5. TRADEMARKS
These Terms does not include any right for you to use any trademark, service mark, trade name or any other mark of Candy Lab or any other party or licensor. You agree that if you are or represent a business, Candy Lab may list your name (including by displaying any trademarks related thereto) and identify the business relationship between the You and Candy Lab on Candy Lab’s the Sites or Virtual Environments and in other marketing and advertising collateral. No rights or licenses are granted except as expressly set forth herein.

6. ACCOUNT, PASSWORD, AND SECURITY
You may be asked to create an account or be given credentials to an account for You to access the Sites or Virtual Environments (such personal account, “Account”), which allows us to remember You, store certain identifying information (such as a password or Your email address). You are solely responsible for maintaining the confidentiality of Your password, restricting access to Your Account, and are fully responsible for all activities occurring on Your Account. You agree to notify us immediately if You notice unauthorized use of Your password, unauthorized access to Your Account, unauthorized access to Your information, or any other breach of security. You agree that we are not liable for any damages or loss arising from Your failure to comply with this section. Either You or we may close and/or suspend access to Your Account at any time. You may close Your Account by sending an e-mail to support@candylab.com.

7. RESTRICTIONS AND OBLIGATIONS
You may not use the Sites or Virtual Environments for any purpose other than as expressly set forth herein without Candy Lab’s prior written consent, including without limitation to access user data or information without authorization or in any manner or for any purpose that violates any law or regulation or any right of any person (including but not limited to intellectual property rights or rights of privacy or data protection). You may not submit or link to any content that violates anyone’s privacy or publicity rights. You may not use the Sites or Virtual Environments to build a product or service that is competitive with Candy Lab, any of our brands or Services, or engage in any practices that discriminate against or discourage the use of Candy Lab Services. In addition, you shall not use the Sites or Virtual Environments in connection with or to promote any applications or other products, services, or materials that constitute, promote or are used for the purpose of dealing in: spyware, adware, or other malicious programs or code; counterfeit goods; items subject to U.S. embargo; unsolicited mass distribution of email; multi-level marketing proposals; hate materials; hacking/ surveillance / interception/ descrambling equipment; libelous, defamatory, obscene, pornographic, abusive or otherwise offensive content; prostitution; gambling; stolen products or items used for theft; fireworks, explosives, or hazardous materials; or weapons. Without limiting the foregoing, you shall not use the Sites or Virtual Environments or Services for any illegal purpose. Except as expressly and unambiguously authorized under these Terms, you may not (i) copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except to the limited extent such restrictions are expressly prohibited by applicable statutory law), modify or alter any part of the Sites or Virtual Environments or Services, or (ii) otherwise use the Sites or Virtual Environments or Services on behalf of any third party. You may not use any robot, spider, or other automatic device to create accounts, and you will not take any action that imposes an unreasonable or disproportionately large load on Candy Lab’s infrastructure.

8. CONFIDENTIALITY
“Confidential Information” means all information related to our developer portals, including but not limited to the following: (i) any information You receive or enter via the developer portal, (ii) any developer tools and related information and materials, including without limitation API credentials as well as all access IDs and passwords, (iii) all information disclosed in writing and marked “confidential”, proprietary,” or with a substantially similar marking, (iv) all information otherwise disclosed to You and identified as confidential at the time of the disclosure, and (v) any other information that by its nature you understand or would reasonably be expected to understand to be our confidential information. You must maintain our Confidential Information in confidence and must not disclose it to third parties or use it for any purpose other than as necessary and required to develop your application as permitted herein. In the event that Confidential Information is required to be disclosed by a court, government agency, regulatory requirement, or similar disclosure requirement, you shall immediately notify Candy Lab and use reasonable efforts to obtain confidential treatment or a protection order of any disclosed Confidential Information. Your obligations hereunder shall survive the termination of these Terms. You acknowledge that monetary damages may not be a sufficient remedy for unauthorized use or disclosure of Confidential Information and that Candy Lab will be entitled (without waiving any other rights or remedies) to injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction, without obligation to post any bond.

9. INDEMNIFICATION
You agree that Candy Lab shall have no liability whatsoever for any use you make of the Sites or Virtual Environments. You agree to indemnify and hold harmless Candy Lab from any and all claims, damages, liabilities, costs and fees (including reasonable attorneys’ fees) arising from Your use of the Sites or Virtual Environments, or your breach of these Terms.

10. NO WARRANTY AND LIMITATION OF LIABILITY
THE SITES, VIRTUAL ENVIRONMENTS, AND ALL CONTENT, SOFTWARE, MATERIALS AND OTHER INFORMATION PROVIDED BY CANDY LAB OR OTHERWISE ACCESSIBLE TO YOU IN CONNECTION WITH THESE TERMS OR SERVICES, ARE PROVIDED “AS IS” AND CANDY LAB, AND THEIR RESPECTIVE AFFILIATES AND SUPPLIERS MAKE NO WARRANTY OF ANY KIND (AND DISCLAIM ALL WARRANTIES OF ANY KIND) WITH RESPECT TO THE FOREGOING, WHETHER EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, IN EACH CASE TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, CANDY LAB MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CANDY LAB MAKES NO WARRANTY REGARDING THE QUALITY OF THE SERVICES, SITES, OR VIRTUAL ENVIRONMENTS. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL CANDY LAB OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (A) ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SITES, DEVELOPER PORTAL, CANDY LAB DEVELOPER TOOLS, OR CANDY LAB SERVICES, EVEN IF CANDY LAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE, OR (B) ANY DAMAGES RELATING TO THE SITES, VIRTUAL ENVIRONMENTS, OR SERVICES, OR YOUR USE THEREOF. YOU AGREE THAT IN NO EVENT WILL CANDY LAB’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS EXCEED FIFTY US DOLLARS ($50).

11. JURISDICTION AND GOVERNING LAW
These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, e.g. California as the state of incorporation, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in California, USA in all disputes arising out of or related to the use of the Sites or Virtual Environments.

12. ENTIRETY AND SEVERABILITY
These Terms contain the entire understanding between You and Candy Lab with respect to its subject matter, superseding all prior and contemporaneous representations, understandings, and any other oral or written agreements between the parties with respect to such subject matter. If any provision of these Terms, or the application thereof, is found invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of these Terms will remain in full force.

13. CONSENT REPRESENTATIONS AND WARRANTIES
By using or accessing the Sites or Virtual Environments, You represent and warrant that You have read, acknowledge, and agree to be bound by these Terms. You further represent and warrant that: (i) You will comply with all applicable law regarding the transmission of any data obtained from the Sites or Virtual Environments, (ii) You will not use them for illegal purposes, and (iii) You will not interfere or disrupt networks connected to them.

14. PROHIBITED COUNTRIES POLICY AND FOREIGN TRADE REGULATION
The Sites or Virtual Environments, or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States or European Union embargo; (b) to anyone on the US Treasury Department’s list of Specially Designated Nationals or on the US Commerce Department’s Denied Party or Entity List; (c) to any prohibited person, group, or entity subject to European Union financial sanctions; and (d) to any prohibited country, person, end-user, or entity specified by US Export Laws or any other applicable law. When using the Website or Tools, You are responsible for complying with trade regulations and both foreign and domestic laws.

15. TERM AND TERMINATION
These Terms will commence on the Effective Date and shall continue until terminated by either party. Any termination of these Terms shall also terminate the license(s) granted hereunder. Upon termination of these Terms for any reason, You shall destroy and remove from all computers, hard drives, networks and other storage media all copies of documentation relating to the Virtual Environment, and shall so certify to Candy Lab upon request that such actions have occurred. Sections 2-5; 7; 9-13; and 16-17 shall survive termination of these Terms.

16. NOTICES
All notices and other communications under these Terms must be in writing and may be made by means of email or a posting on, or update to the Sites or Virtual Environments. Notices to You will be delivered to the email address provided to Candy Lab or its brand, or by posting on or update to a Site or Virtual Environment. Notices to Candy Lab or its brands can be made via email at support@candylab.com or via certified mail or overnight courier to: 200 Spectrum Center Drive, Irvine, CA 92618.

17. BINDING UPON SUCCESSORS AND PERMITTED ASSIGNS
These Terms shall be binding upon and inure to the benefit of the parties, their successors and permitted assigns. You may not assign these Terms or any of their rights, obligations, or privileges without Candy Lab’s prior written consent. Candy Lab may assign its rights and obligations under these Terms at any time without notice to You.


US Privacy Policy

Last Updated September 17, 2017

This privacy policy (this “Policy”) governs your use of websites, including candylab.com and device-optimized versions thereof, and applications not for children created by Candy Lab Inc. (“Candy Lab,” “Candy Lab AR”, “we” or “us”), whether for tablets, smart TVs, video game, consoles, social media platforms, mobile devices or other platforms, however accessed and/ or used, in particular the specific mobile application leading you to this Policy (the “Application”). The Application is provided by Candy Lab in connection with either a division of Candy Lab or Candy Lab’s service provider who publishes information to you (the “Publisher”). The Application includes various features and content that are offered and delivered to you by the Publisher, such as: news, messages, games and more.

This Privacy Policy describes: Use of your respective Application is governed by the specific End User License Agreement for the Application and indicates acceptance of such terms. BY INSTALLING, USING OR OTHERWISE ACCESSING THE APPLICATION FROM ANY DEVICE, MOBILE OR OTHERWISE, YOU ARE AGREEING TO ABIDE BY THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD AND/OR ACCESS OUR APPLICATION.

Here are some links to help you navigate our Privacy Policy:

INFORMATION WE COLLECT. ‌In connection with your use of the Application, we collect and store information that you voluntarily provide to us as well as data related to your use of the Application. Consent to the collection and use of your information in the manner described in this Policy will be implied through the download and installation of the Application. HOW AND HOW LONG IS THE INFORMATION USED AND SHARED The Publisher. We host this Application and provide the Application in connection with the Publisher. We share your Individual Information and your Usage Information with the Publisher so that they can provide you with information about their related products and services.

Partners. ‌We may share the information we collect with companies that provide support services to us or services to you. These companies may need the information to perform their functions.

Acquirers. As with any other business, it is possible that in the future we could merge with or be purchased by another company. If we are acquired, the company that acquires us would have access to the information maintained by us, including Individual Information, Usage Data and Aggregate Information, but would continue to be bound by this Policy unless and until it is amended.

Court Orders and Legal Processes. ‌We disclose information, including Individual Information and Usage Data if available (i) as we deem appropriate to protect our rights and (ii) in response to a subpoena, court order or other comparable legal process.

THIRD PARTY FEATURES AND CONTENT; POSTING TO SOCIAL MEDIA. The Publisher may choose to add features or content to the Application. In the event that such features or content may require the collection of your personally identifiable information (for example: your login credentials tracking your location, information about content you use on the web, pictures you take using the Applications, etc.) the Publisher is required to collect and use such information in a manner consistent with this Privacy Policy. The Application allows you to post details regarding your activities on the Application to social media sites like Facebook. If you choose to share this information on a social media platform, please note that that information will be treated in accordance with the social media platform’s privacy policy, and could potentially be used, shared or copied by others.

YOUR CHOICES FOR OPT-OUT AND DELETION OF YOUR INFORMATION. If you’d like us to delete your Individual Information that you have provided to the Application, please contact us at contact@candylab.com and we will respond within a reasonable time.

ACCOUNT AND APPLICATION SECURITY. Candy Lab has implemented technical, administrative, and physical security measures to protect your personal information from unauthorized access and improper use. Yet the security of your account relies on your protection of your mobile device and your password. You are responsible for maintaining the security of your password. Please choose a unique password for this account (i.e. one that is not shared with other accounts, and in particular one that is not shared with sensitive accounts such as bank- or credit-related sites). You are solely responsible for any and all activities that occur under your account or on your mobile device. You may not share your password or the Application with anyone. We will never ask you to send your password or other sensitive information to us in an email, though we may ask you to enter this type of information on the Application interface. If you believe someone else has obtained access to your password, please change it immediately. If you believe that an unauthorized access has already occurred or may occur please report it immediately at contact@candylab.com. You must promptly notify us if you become aware that any information provided by or submitted to the Application is lost, stolen, or used without permission.

EFFECTIVE DATE; CHANGES TO THIS POLICY. ‌We may amend this Policy from time to time to reflect changes in the way we collect and use information or changes in privacy-related laws, regulations, and industry standards. For any immaterial changes, please check the date of this Policy (which appears at the top of the Policy) and review any changes since the last version‌. ‌We will provide 30 days’ notice of material changes to this Policy, including via links posted on the Application. 30 days after notice to you as an existing user, or after installing, using or otherwise accessing the application as a new user, the current version of the Policy will apply each time you use the Application.

CHILDREN’S PRIVACY FOR THE GENERAL PORTFOLIO OF APPLICATIONS. ‌Candy Lab’s general portfolio of Applications and our services are not directed to persons under the age of 13, and some Applications and services are only directed to persons over 18. The general portfolio of Applications this Privacy Policy is valid for should not be downloaded by any person under the age of 13. If you become aware that your child has provided us with personal information without your consent, please contact us at ChildPrivacy@candylab.com. For our general portfolio of Applications, we do not knowingly collect or solicit information from, market to or accept services from children. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account.

THIRD PARTY LINKS. ‌Our Application may contain links to third-party websites. Those websites are governed by their own privacy and data use practices and policies. Candy Lab does not have control over the privacy practices of the advertisers or other third parties operating these websites, and we have no control over how these third parties collect or use the information you chose to share with them.

DISCLOSURES BY LAW
Candy Lab

Compliance – Privacy

200 Spectrum Center Drive

Irvine, CA 92618

Publishers and Partners (see above HOW AND HOW LONG IS THE INFORMATION USED AND SHARED) are independent entities from Candy Lab, so if you wish to receive information about your disclosure choices or stop communications from such Partners, you will need to contact those directly‌.

GOVERNING LAW. ‌This Policy is governed by the laws of the State of California without giving effect to any principles of conflict of law. Please note that the Application is designed for compliance with United States data privacy and security regulations. The United States and other countries have not harmonized their privacy regulations. We have written this privacy policy to satisfy United States regulations and the users of the Application agree to that level of privacy protection.

Like many developers, Candy Lab offers partners in the form of trusted third parties access to Information and Usage Information from mobile device, which includes access through APIs, through cookies, through Retail Partners, and through Analytics Partners. In addition, the stores for applications (e.g. Google Play, Apple App Store) are the interface between you as a user and us as a developer as well as our partners. The following helps explain the role of said partners:

APIs. ‌Candy Lab uses application programming interfaces (“APIs”) so that individual programs can communicate with other devices, in particular across different operating systems via the Internet. These APIs facilitate the bidirectional transfer of information between software systems in encrypted or unencrypted form, depending on the nature of the data. Such communication may occur between Candy Lab systems and other third-party systems providing certain services (including but not limited to maps and social media activities), or may occur entirely between systems operated by Candy Lab.

COOKIES. Candy Lab and our service providers use cookies, web beacons, and other technologies to receive and store certain types of information whenever you interact with us through your mobile device. “Cookies” are electronic files many websites place on a visitor’s computer to store information that makes each visit to a respective site more efficient. Candy Lab may use either “session” or “persistent” cookies in its Application. A session cookie stores information about you only while you are visiting our site, and is then deleted when you leave our site. Persistent cookies store information about you, your preferences, and information about other websites you visit, and it remains on your computer or device after you leave our website. To remove cookies, you may configure your browser to clear all cookies, or configure it to reject cookies whenever you visit a new website. Please consult your browser’s user guide for specific instructions on removing cookies. “Web beacons” are small graphic files with a unique identifier that are used to track a web or mobile site user’s online movements. Unlike cookies, web beacons are embedded on websites, not downloaded on your mobile device. Candy Lab uses web beacons to better manage content on our website and to improve the use and efficiency of our app. As we discussed above, Candy Lab works with our Analytics Partners to improve the quality of our website, and to give you access to more relevant information. Our Analytics Partners may use session and persistent cookies, tracking beacons or other monitoring technologies. You can learn more about our Analytics Partners in the section titled “Our Analytics Partners” below. To learn more about cookies and other types of tracking technologies, you can visit the following website: http://www.allaboutcookies.org/

iBEACONS. For some Applications and pursuant to these Applications’ End User License Agreements, Candy Lab and our service providers may use iBeacons, a micro location technology, to send you highly personalized content and offers based on your location. Please note that in order for your mobile device to recognize iBeacons, you have to turn on WIFI as well as the Bluetooth setting on your mobile device and in order for you to receive the personalized content and offers sent to you in connection with iBeacons, you must allow our Application to send you push notifications. To learn more about iBeacons, you can visit the following website: http://www.cisco.com/c/dam/en/us/solutions/collateral/enterprise-networks/connected-mobile-experiences/ibeacon_faq.pdf.

RETAIL PARTNERS. Candy Lab may, based on the practices above, share your Information and Usage Information to help you connect you retailers in the premises you are interested in. This sharing provides you a more personal experience if and when you shop right on your phone.

SERVICE PARTNERS AND AFFILIATES. Candy Lab may require the help of hosting providers, technical support, etc. to provide you with the suite of functions of this Application,

ANALYTICS PARTNERS. Our Analytics Partners provide Candy Lab and ultimately you services that analyze information regarding your use of the Application and help us improve the quality of our Application, and the relevance and frequency of the content you receive via the Application. Our Analytics Partners use a variety of techniques to collect de-identified, non-personal information about your visit to our website, such as session and persistent cookies, web-beacons, and other tracking technologies. These techniques are discussed in the “Does Candy Lab Use Cookies?” above.

For information on how to opt-out of services some Analytics Partners provide, if not all: You can visit the Digital Advertising Alliance’s Consumer Choice website at: http://www.aboutads.info/choices/.

CONTACT US. ‌To contact us with your questions or comments regarding the United States Privacy Policy or the information collection and dissemination practices of the Application, please contact us using one of the following options:

By e-mail: contact@candylab.com

By phone: 858.699.3535

By mail:

Candy Lab

Compliance – Privacy

200 Spectrum Center Drive

Irvine, CA 92618
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