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<strong>IMPORTANT</strong> – <strong>PLEASE</strong> <strong>READ</strong> <strong>CAREFULLY</strong><br />

Telia Sky Files Overview<br />

Please read the following overview carefully.<br />

We care about your privacy and security! Please acknowledge these items before installing...<br />

Telia Sky Files Desktop -- Telia Sky Files also works with many Desktop Search tools, allowing you to<br />

search your computer from your mobile device. Information on these tools and their use <strong>of</strong> your data should<br />

be obtained from the tools' providers (optional feature).<br />

Data Transfer -- Telia Sky Files may be used worldwide -- wherever you use your mobile device. The<br />

information you provide to us may be processed by our servers located in the U.S. and elsewhere. By<br />

selecting the "I understand" button below, you consent to those transfers.<br />

For more information on how Telia Sky Files may impact your privacy and security, please carefully read our<br />

EULA on the next screen, and/or visit the privacy and security policy on our website.<br />

<strong>IMPORTANT</strong> – <strong>PLEASE</strong> <strong>READ</strong> <strong>CAREFULLY</strong><br />

<strong>Page</strong> 1 <strong>of</strong> 5<br />

Introduction. In order to install or use SoonR, Inc.'s client s<strong>of</strong>tware ("SoonR S<strong>of</strong>tware"), you must agree to this<br />

SoonR End User License Agreement ("Agreement") and Privacy Policy (which can be reviewed at<br />

http://www.skyfiles.dk/partner/telia/security.jsp). Before reading the sections below, please note the following<br />

preliminary terms:<br />

Entering into this Agreement. This Agreement is a valid and binding agreement between SoonR, Inc., a<br />

Delaware corporation ("SoonR") and you, the end user <strong>of</strong> the SoonR S<strong>of</strong>tware ("You", or "Your"). You must<br />

enter into this Agreement by clicking on the ACCEPT button in order to install and use the SoonR S<strong>of</strong>tware.<br />

You agree that this Agreement covers all Your use <strong>of</strong> SoonR S<strong>of</strong>tware, whether it be from this installation or<br />

from any other terminals or devices where SoonR S<strong>of</strong>tware has been installed by You or by third parties.<br />

Furthermore, by installing and continuing to use the SoonR S<strong>of</strong>tware, You agree to be bound by the terms <strong>of</strong><br />

this Agreement and any new versions here<strong>of</strong>. If You don't unconditionally agree to all the terms <strong>of</strong> this<br />

Agreement, click the CANCEL button and the download and installation process will not continue.<br />

Age / Jurisdiction's Restriction. If You are residing in a jurisdiction which restricts the use <strong>of</strong> internet-based<br />

applications according to age, or which restricts the ability to enter into agreements such as this agreement<br />

according to age and You are in such a jurisdiction and under such age limit, You may not enter into this<br />

Agreement and download, install or use the SoonR S<strong>of</strong>tware. By entering into this Agreement You explicitly<br />

state that You have verified in Your own jurisdiction that Your use <strong>of</strong> the SoonR S<strong>of</strong>tware is allowed.<br />

Storage / Transfer <strong>of</strong> Information. SOONR STORES AND PROCESSES THE INFORMATION WHICH<br />

SOONR COLLECTS FROM YOU ON COMPUTERS IN THE UNITED STATES AND OTHER COUNTRIES IN<br />

WHICH SOONR OR ITS AGENTS HAVE FACILITIES. YOUR ACCEPTANCE OF THIS AGREEMENT<br />

INCLUDES YOUR CONSENT TO TRANSFERS OF SUCH INFORMATION OUTSIDE YOUR COUNTRY.<br />

1. Description. SoonR S<strong>of</strong>tware enables You to access many <strong>of</strong> the applications and files located on Your<br />

Internet connected personal computer, such as documents, spreadsheets, and pictures ("Your Content"),<br />

from a web-enabled mobile telephone or web browser, to share Your Content with other SoonR users, and to<br />

upload and store Your Content on SoonR's servers. The services provided by SoonR and enabled by the<br />

SoonR S<strong>of</strong>tware are referred to in this Agreement as the SoonR services ( "SoonR Services"). Some basic<br />

SoonR Services are provided free <strong>of</strong> charge, other SoonR Services are provided for a fee. As a condition to<br />

Your use <strong>of</strong> any particular SoonR Service (whether a free or paid service), You agree to the most recent<br />

terms and conditions and other information published on the SoonR Website with respect to those particular<br />

SoonR Services.<br />

2. License. Subject to the terms <strong>of</strong> this Agreement, SoonR, hereby grants You a limited, personal, nonsublicensable,<br />

non-transferable, nonexclusive license to download, install and use the SoonR S<strong>of</strong>tware on a<br />

single computer that is operated by You, for Your personal, non-commercial use. For avoidance <strong>of</strong> doubt, You<br />

are permitted to use the SoonR S<strong>of</strong>tware at work, in accordance with the terms <strong>of</strong> this Agreement. The SoonR<br />

S<strong>of</strong>tware may be used only to access SoonR Services, and must be used in accordance with any instructions<br />

provided to You by SoonR. The term "SoonR S<strong>of</strong>tware" also includes any documentation (whether included in<br />

the download or accessible online), and any Updates provided by SoonR pursuant to Section 6, below.<br />

3. License Restrictions. SoonR S<strong>of</strong>tware is licensed, not sold to You, and is licensed only for Your personal<br />

file://C:\Documents and Settings\caen09\Desktop\SKYfiles\EULA_en-us.html<br />

<strong>29</strong>-<strong>03</strong>-2010


<strong>IMPORTANT</strong> – <strong>PLEASE</strong> <strong>READ</strong> <strong>CAREFULLY</strong><br />

use. You may not sell, assign, rent, lease, distribute, export, act as an intermediary or provider, or otherwise<br />

grant rights to third parties with regard to all or any part <strong>of</strong> the SoonR S<strong>of</strong>tware. You may not modify, reverseengineer,<br />

decompile, disassemble, or attempt to discover the source code, structure or sequence, or<br />

otherwise hack, the SoonR S<strong>of</strong>tware, and have no rights to create derivate works from the SoonR S<strong>of</strong>tware.<br />

4. Third Party S<strong>of</strong>tware. You agree that the SoonR S<strong>of</strong>tware may be incorporated into, and may include,<br />

s<strong>of</strong>tware and other technology owned and controlled by third parties. Any such third party s<strong>of</strong>tware or<br />

technology that is incorporated into the SoonR S<strong>of</strong>tware falls under the scope <strong>of</strong> this Agreement. Any other<br />

third party s<strong>of</strong>tware or technology that may be distributed together with the SoonR S<strong>of</strong>tware will be subject to<br />

You accepting a license agreement with that third party. SoonR S<strong>of</strong>tware enables remote access to<br />

applications installed on a computer on which SoonR S<strong>of</strong>tware is installed. You should consult the license<br />

agreement accompanying the applicable s<strong>of</strong>tware application or contact the licensor <strong>of</strong> that product to<br />

determine whether use <strong>of</strong> the product with SoonR S<strong>of</strong>tware is permitted without an additional license.<br />

5. Your Conduct. As a condition <strong>of</strong> Your use <strong>of</strong> the SoonR S<strong>of</strong>tware, You agree that You will not use the<br />

SoonR S<strong>of</strong>tware: (i) to infringe the intellectual property rights or proprietary rights, or rights <strong>of</strong> publicity or<br />

privacy, <strong>of</strong> any third party; (ii) to violate any applicable law, statute, ordinance or regulation; (iii) to disseminate<br />

any content in any form or format that is harmful, threatening, abusive, harassing, tortuous, defamatory,<br />

vulgar, obscene, libelous, or otherwise objectionable under applicable laws or community standards; or (iv) to<br />

disseminate any s<strong>of</strong>tware viruses or any other computer code, files or programs that may interrupt, destroy or<br />

limit the functionality <strong>of</strong> any computer s<strong>of</strong>tware or hardware or telecommunications equipment. You are solely<br />

responsible for all Your Content that You upload, post, email, transmit, or otherwise disseminate using, or in<br />

connection with, the SoonR S<strong>of</strong>tware, and You will be solely responsible for any damage to any party<br />

resulting therefrom. For a complete outline <strong>of</strong> the SoonR Code <strong>of</strong> Conduct for the SoonR S<strong>of</strong>tware and<br />

Website, please visithttp://www.skyfiles.dk/partner/telia/conduct.jsp.<br />

6. Support and Updates. SoonR reserves the right to add or remove features or functions to or from the<br />

SoonR S<strong>of</strong>tware or any SoonR Service, or to provide programming fixes, enhancements, updates and<br />

upgrades, to the SoonR S<strong>of</strong>tware (collectively "Updates"). You agree that SoonR has no obligation to provide<br />

You with Updates, or make available to You any subsequent versions <strong>of</strong> the SoonR S<strong>of</strong>tware. You also agree<br />

that You may have to enter into a renewed version <strong>of</strong> this Agreement if You want to download, install or use<br />

an Update. Your license to an existing version <strong>of</strong> the SoonR S<strong>of</strong>tware may, at SoonR's discretion, expire<br />

when new versions <strong>of</strong> SoonR S<strong>of</strong>tware are released. You acknowledge and agree that SoonR, in its sole<br />

discretion, may modify, discontinue or suspend Your ability to use any version <strong>of</strong> the SoonR S<strong>of</strong>tware or any<br />

SoonR Service, and/or disable any SoonR S<strong>of</strong>tware You may already have accessed or installed without any<br />

notice to You, for the repair, improvement, and/or upgrade <strong>of</strong> the underlying technology or for any other<br />

reason.<br />

7. Privacy and Data Protection. As a condition <strong>of</strong> downloading and using the SoonR S<strong>of</strong>tware, You agree to<br />

the terms <strong>of</strong> the SoonR Privacy Policy, as expressed in the most recent version that exists at the time <strong>of</strong> Your<br />

use. You acknowledge and agree that the SoonR Privacy Policy may be updated by SoonR from time to time.<br />

The SoonR Privacy Policy is available at http://www.skyfiles.dk/partner/telia/security.jsp and is incorporated<br />

into this Agreement. You understand and agree that SoonR stores and processes the information that we<br />

collect from You on computers in the United States and/or the European Union. Your acceptance <strong>of</strong> this<br />

Agreement includes Your consent to those transfers. You also understand and agree to accept emails from<br />

SoonR pertaining to Your SoonR account, product upgrades, updates, and new products and services.<br />

Generally, SoonR will not send You more than one or two emails per week. You may unsubscribe from<br />

receiving these emails at any time by following the 'unsubscribe' directions at the bottom <strong>of</strong> every email.<br />

Unsubscribing from these emails will prevent You from receiving promotional messages in the future. You<br />

may still receive messages regarding feature or service changes or issues.<br />

8. Uninstall SoonR S<strong>of</strong>tware. If Your personal computer uses a Windows operating system, You may uninstall<br />

the SoonR S<strong>of</strong>tware at any time via the Windows Add/Remove functionality labeled "Telia Sky Files."<br />

If You need assistance with the SoonR S<strong>of</strong>tware, including uninstallation, You can e-mail SoonR at<br />

support@skyfiles.dk.<br />

<strong>Page</strong> 2 <strong>of</strong> 5<br />

9. Intellectual Property Rights. As between the parties, SoonR shall retain all title, ownership rights, and<br />

intellectual property rights in and to the SoonR S<strong>of</strong>tware, and any copies or portions there<strong>of</strong>. The SoonR<br />

S<strong>of</strong>tware is protected by the copyright laws <strong>of</strong> the United States and international copyright treaties. You will<br />

maintain and not remove or obscure any proprietary notices on the SoonR S<strong>of</strong>tware, and will reproduce such<br />

notices exactly on all permitted copies <strong>of</strong> the SoonR S<strong>of</strong>tware. As between the parties, You shall retain all<br />

title, ownership rights, and intellectual property rights in and to Your Content and any copies or portions<br />

file://C:\Documents and Settings\caen09\Desktop\SKYfiles\EULA_en-us.html<br />

<strong>29</strong>-<strong>03</strong>-2010


<strong>IMPORTANT</strong> – <strong>PLEASE</strong> <strong>READ</strong> <strong>CAREFULLY</strong><br />

there<strong>of</strong>.<br />

10. Indemnity. You agree that SoonR shall have no liability whatsoever for any use You make <strong>of</strong> the SoonR<br />

S<strong>of</strong>tware or SoonR Services. You agree to indemnify, defend and hold SoonR harmless from and against any<br />

and all claims, damages, liabilities, and costs and fees (including reasonable attorneys' fees), in connection<br />

with or arising out <strong>of</strong> Your (a) violation or breach <strong>of</strong> any term <strong>of</strong> this Agreement or any applicable law or<br />

regulation, whether or not referenced herein, or (b) violation <strong>of</strong> any rights <strong>of</strong> any third party, (c) use or misuse<br />

<strong>of</strong> the SoonR S<strong>of</strong>tware, or (d) any upload, download or dissemination or Your Content by means <strong>of</strong> the SoonR<br />

S<strong>of</strong>tware.<br />

11. WARRANTY DISCLAIMER. THE SOONR SOFTWARE AND SOONR SERVICES ARE PROVIDED "AS<br />

IS", WITHOUT WARRANTY OF ANY KIND, AND SOONR HEREBY DISCLAIMS ALL EXPRESS OR<br />

IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY,<br />

FITNESS FOR A PARTICULAR PURPOSE, QUALITY, PERFORMANCE, ACCURACY, RELIABILITY, AND<br />

NON-INFRINGEMENT. SOONR MAKES NO WARRANTY THAT THE SOONR SERVICES WILL BE<br />

AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR OTHERWISE MEET<br />

YOUR EXPECTATIONS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF<br />

THIS AGREEMENT. AS SOME JURISDICTIONS DO NOT ALLOW SOME OF THE EXCLUSIONS OR<br />

LIMITATIONS ABOVE, THEY MAY NOT APPLY TO YOU.<br />

12. LIMITATION OF LIABILITY. IN NO EVENT SHALL SOONR OR ITS AFFILIATES, SUPPLIERS OR<br />

DISTRIBUTORS (OR ANY OF THE FOREGOING ENTITIES' OFFICERS, DIRECTORS, EMPLOYEES, OR<br />

AGENTS) BE LIABLE FOR ANY INDIRECT DAMAGES, INCLUDING, BY WAY OF ILLUSTRATION AND<br />

NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT,<br />

SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES,<br />

ARISING OUT OF THE DOWNLOAD, USE, OR INABILITY TO USE THE SOONR SOFTWARE AND<br />

SOONR SERVICES. IN NO EVENT WILL THE MAXIMUM CUMULATIVE LIABILITY OF SOONER UNDER<br />

THIS AGREEMENT, THE PRIVACY POLICY, OR ANY TERMS OF SERVICE, EXCEED THE FEES YOU'VE<br />

PAID TO SOONR, OR IF NONE PAID, $10. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY<br />

PROBLEMS OR DISSATISFACTION WITH THE SOONR SOFTWARE OR ANY SOONER SERVICE IS TO<br />

DEINSTALL AND CEASE USE OF THE SOONR SOFTWARE. SOME STATES OR JURISDICTIONS DO<br />

NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO<br />

THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.<br />

13. Term and Termination. This Agreement shall continue until terminated as set forth in this section.<br />

13.1 Termination by You. You may terminate this Agreement at any time by deleting the SoonR S<strong>of</strong>tware from<br />

Your computer. See Section 8 <strong>of</strong> this agreement for details. In the event You choose to terminate Your<br />

account, SoonR reserves the right to retain data required for account settlement or billing purposes. To delete<br />

Your account, send an email to support@skyfiles.dk.<br />

13.2 Termination by SoonR. Without limiting other remedies, SoonR may limit, suspend, or terminate this<br />

Agreement and Your use <strong>of</strong> SoonR S<strong>of</strong>tware, prohibit access to SoonR Website and delete Your user<br />

account, effective immediately, if we think that You are in breach <strong>of</strong> this Agreement, creating problems,<br />

possible legal liabilities, acting inconsistently with the letter or spirit <strong>of</strong> our policies (which can be found at<br />

https://www.skyfiles.dk), infringing someone else's intellectual property rights, engaging in fraudulent, immoral<br />

or illegal activities, or for other similar reasons. SoonR shall effect such termination by providing notice to You<br />

to the email address You have provided, and/or by preventing Your access to the Your SoonR user account.<br />

SoonR reserves the right to cancel user accounts that have been inactive for more than one (1) year.<br />

13.3 Effect <strong>of</strong> Termination. Upon termination <strong>of</strong> this Agreement, (a) You acknowledge and agree that all<br />

licenses and rights to use the SoonR S<strong>of</strong>tware shall terminate, and (b) You will cease any and all use <strong>of</strong> the<br />

S<strong>of</strong>tware, and (c) You will remove the SoonR S<strong>of</strong>tware from all hard drives, networks and other storage media<br />

and destroy all copies <strong>of</strong> the SoonR S<strong>of</strong>tware in Your possession or under Your control. Sections 9, 10, 11,<br />

12, 13.3, 17 and 18 shall survive termination <strong>of</strong> this Agreement.<br />

13.4 No Liability. SoonR will not be liable for any damages caused by the termination <strong>of</strong> this Agreement.<br />

<strong>Page</strong> 3 <strong>of</strong> 5<br />

14. New Versions <strong>of</strong> the Agreement. SoonR reserves the right to make changes to this Agreement at any time<br />

by providing such revised Agreement to You or by publishing the revised Agreement on the SoonR Website.<br />

The revised Agreement shall become effective within thirty (30) days <strong>of</strong> such publishing or provision to You,<br />

unless You expressly accept the revised Agreement earlier by clicking on the accept button. The express<br />

acceptance by You, or Your continued use <strong>of</strong> the SoonR S<strong>of</strong>tware after expiration <strong>of</strong> the thirty (30) day notice<br />

file://C:\Documents and Settings\caen09\Desktop\SKYfiles\EULA_en-us.html<br />

<strong>29</strong>-<strong>03</strong>-2010


<strong>IMPORTANT</strong> – <strong>PLEASE</strong> <strong>READ</strong> <strong>CAREFULLY</strong><br />

period shall constitute Your acceptance to be bound by the terms and conditions <strong>of</strong> the revised Agreement.<br />

You can find the latest version <strong>of</strong> this Agreement at http://www.skyfiles.dk/partner/telia/EULA.jsp.<br />

15. Government Use. If You are part <strong>of</strong> an agency, department, or other entity <strong>of</strong> the United States<br />

Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer<br />

<strong>of</strong> the S<strong>of</strong>tware is restricted in accordance with the Federal Acquisition Regulations as applied to civilian<br />

agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The<br />

SoonR S<strong>of</strong>tware is a "commercial item," "commercial computer s<strong>of</strong>tware" and "commercial computer s<strong>of</strong>tware<br />

documentation." In accordance with such provisions, any use <strong>of</strong> the SoonR S<strong>of</strong>tware by the Government shall<br />

be governed solely by the terms <strong>of</strong> this Agreement.<br />

16. Export Controls. You shall comply with all export laws and restrictions and regulations <strong>of</strong> the Department<br />

<strong>of</strong> Commerce, the United States Department <strong>of</strong> Treasury Office <strong>of</strong> Foreign Assets Control ("OFAC"), or other<br />

United States or foreign agency or authority, and You shall not export, or allow the export or re-export <strong>of</strong> the<br />

SoonR S<strong>of</strong>tware in violation <strong>of</strong> any such restrictions, laws or regulations. By downloading or using the SoonR<br />

S<strong>of</strong>tware, You agree to the foregoing and represents and warrant that You are not located in, under the<br />

control <strong>of</strong>, or a national or resident <strong>of</strong> any restricted country, and that You will otherwise comply with all<br />

applicable export control laws.<br />

17. Applicable Law. The laws <strong>of</strong> the State <strong>of</strong> California will govern this Agreement, without reference to<br />

conflicts <strong>of</strong> law principles. The United Nations Convention on Contracts for the Sale <strong>of</strong> Goods does not apply<br />

to this Agreement. The sole and exclusive jurisdiction and venue for actions arising under this Agreement<br />

shall be the State and Federal courts in San Francisco County, California; You hereby agree to service <strong>of</strong><br />

process in accordance with the rules <strong>of</strong> such courts.<br />

18. Miscellaneous.<br />

18.1 Entire Agreement. This Agreement sets forth the entire understanding and agreement between You and<br />

SoonR with respect to the subject matter here<strong>of</strong>. If any provision or provisions here<strong>of</strong> shall be held to be<br />

invalid, illegal, or unenforceable, the validity, legality, and enforceability <strong>of</strong> the remaining provisions shall not<br />

be in any way affected thereby.<br />

18.2 Third Party Fees. You are responsible for fees associated with the operation <strong>of</strong> Your mobile device and<br />

personal computer, such as messaging charges and airtime, and the costs <strong>of</strong> Internet access.<br />

18.3 Waivers. SoonR's failure to act with respect to a breach <strong>of</strong> this Agreement by You or others does not<br />

constitute a waiver and shall not limit SoonR's rights with respect to such breach or any subsequent breaches.<br />

18.4 No Assignment by You. This Agreement is personal to You and may not be assigned or transferred for<br />

any reason whatsoever.<br />

18.5 Assignment by SoonR. SoonR expressly reserves the right to assign this Agreement and to delegate any<br />

<strong>of</strong> its obligations hereunder.<br />

18.6 Language. The original English version <strong>of</strong> this Agreement may have been translated into other<br />

languages. In the event <strong>of</strong> inconsistency or discrepancy between the English version and any other language<br />

version <strong>of</strong> this Agreement, the English language version shall prevail.<br />

18.7 Electronic Communications and Signatures. You hereby agree to the use <strong>of</strong> electronic communication in<br />

order to enter into agreements and place orders, and to the electronic delivery <strong>of</strong> notices, policies and records<br />

<strong>of</strong> transactions initiated or completed through the SoonR S<strong>of</strong>tware. Furthermore, You hereby waive any rights<br />

or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic)<br />

signature or delivery or retention <strong>of</strong> non-electronic records, to the extent permitted under applicable<br />

mandatory law.<br />

18.8 Enabling/Disabling SMS Messaging:<br />

<strong>Page</strong> 4 <strong>of</strong> 5<br />

How to Enable (or Opt-in): By default, SMS capabilities are on. If You have turned them <strong>of</strong>f, You may reenable<br />

them: on Your computer visit https://www.skyfiles.dk and login. Click the My Account tab, click Edit<br />

and then check the box next to "Allow Live Backup to send You SMS when alerts occur. Disable to prevent<br />

SMS from Live Backup." Click Update.<br />

file://C:\Documents and Settings\caen09\Desktop\SKYfiles\EULA_en-us.html<br />

<strong>29</strong>-<strong>03</strong>-2010


<strong>IMPORTANT</strong> – <strong>PLEASE</strong> <strong>READ</strong> <strong>CAREFULLY</strong><br />

How to Disable (or Opt-out): On Your computer visit https://www.skyfiles.dk and login. Click the My Account<br />

tab, click Edit and then uncheck the box next to "Allow Live Backup to send You SMS when alerts occur.<br />

Disable to prevent SMS from Live Backup." Click Update. You will not receive any additional SMS messages<br />

until You re-enable SMS capabilities as detailed in How to Enable (or Opt-in)," above.<br />

SoonR's short code: 76667<br />

How To Get Help Enabling/Disabling SMS Messaging. To get help, email us at support@skyfiles.dk.<br />

file://C:\Documents and Settings\caen09\Desktop\SKYfiles\EULA_en-us.html<br />

<strong>Page</strong> 5 <strong>of</strong> 5<br />

<strong>29</strong>-<strong>03</strong>-2010

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