THE END USER SHALL READ THE TERMS AND CONDITIONS CAREFULLY
Before reading the terms below, please take good notice of the following preliminary terms, which terms make use of some of the definitions as specified in Term 1 below:
Entering into this Agreement: This End User License Agreement constitutes a valid and binding agreement between ROW Mobile and You, as a user, for the use of the ROW Mobile Application Software and its products and services. You must enter into this Agreement by clicking on the ACCEPT button in order to be able to install and use the ROW Mobile Application Software. Furthermore, by installing and (continuously) using the ROW Mobile Application Software You agree to be bound by the terms of this Agreement and any new versions hereof.
Electronic Signatures and Agreement(s): You acknowledge and agree that by clicking on the ACCEPT button or similar buttons or links as may be designated by ROW Mobile to show Your approval of any foregoing texts and/or to download and install the ROW Mobile Application Software, You are entering into a legal binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the ROW Mobile Application Software. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
Jurisdiction’s Restrictions: if You are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and You are under such a jurisdiction and under such age limit, You may not enter into this Agreement and download, install or use the ROW Mobile Application Software. Furthermore, if You are residing in a jurisdiction where it is forbidden by law to offer or use our Application Software for mobile telephony, You may not enter into this Agreement and You may not download, install or use the ROW Mobile Application Software. By entering into this Agreement You explicitly state that You have verified in Your own jurisdiction if Your use of the ROW Mobile Application Software is allowed.
Term 1. Definitions
In this Agreement the following capitalized definitions are being used, singular as well as plural.
1.1 Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, ROW Mobile. For the purpose of this definition, the word “control” shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.
1.2 Agreement: this End User License Agreement, as may be renewed, modified and/or amended from time to time.
1.3 API: application program interface that is included in or linked to the ROW Mobile Application Software.
1.4 Documentation: any online or otherwise enclosed documentation provided by ROW Mobile.
1.5 Effective Date: the date on which this Agreement is entered into by clicking on the ACCEPT button as stated above or by downloading, installing and (continuously) using the ROW Mobile Application Software.
1.6 IP Rights: any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know how and trade secrets contained in or relating to the ROW Mobile Application Software, product and services, the Documentation, the ROW Mobile Website or the ROW Mobile Promotional Materials.
1.7 ROW Mobile: A trademark of ROW Mobile, a company established under the laws of Malaysia, its products and services on prepaid which allow users to make and receive calls anywhere and anytime.
1.8 ROW Mobile Promotional Materials: any and all names, signs, logos, brochures, banners and any other materials, in whatever form, owned and/or used by ROW Mobile for the promotion of its company, its products and activities.
1.9 ROW Mobile Application Software: the application software distributed by ROW Mobile for mobile telephony applications, including without limitation the API, UI and Documentation, as well as any future programming fixes, updates and upgrades thereof.
Account : your ROW Mobile prepaid services account once you signed up with any of ROW Mobile product and services.
Roaming ticket : a mobile telephony electronic ticket issued by ROW Mobile to confirm that you have purchased ROW Mobile traveller package.
Airtime : monetary amount credited into your ROW Mobile telephony line when you purchase ROW Mobile product denominations.
DID Number : the virtual telephone line number that ROW Mobile given to you when you subscribed our service. Its grace period is 3 month.
Calls : mobile telephony connection made between you and your partner via ROW Mobile.
Charges : the rate applied to your calls from calls answered until calls disconnected.
1.10 ROW Mobile Staff: the officers, directors, employees and agents of ROW Mobile or its Affiliates, or any other persons hired by ROW Mobile or its Affiliates in relation with the execution of this Agreement.
1.11 ROW Mobile Website: any and all elements and contents of the website available published by ROW Mobile.
1.12 UI: the user interface of the ROW Mobile Application Software.
1.13 You: you, the end user of the ROW Mobile Application Software, also used in the form “Your” where applicable.
Term 2. License and Restrictions
2.1 License. Subject to the terms of this Agreement, ROW Mobile hereby grants You a limited, personal, non-commercial (at home or at work), non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the ROW Mobile Application Software on Your computer or Smartphone, for the sole purpose of mobile telephony applications and any other applications that may be explicitly provided by ROW Mobile.
2.2 No Granting of Rights to Third Parties. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the ROW Mobile Application Software.
2.3 No Modifications. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the ROW Mobile Application Software.
2.4 Third Parties. You acknowledge and agree that the ROW Mobile Application Software may be incorporated into, and may incorporate itself, other application software and other technology owned and controlled by third parties. ROW Mobile emphasizes that it will only incorporate such third party application software or technology for the purpose of (a) adding new or additional functionality or (b) improving the technical performance of the ROW Mobile Application Software. Any such third party application software or technology that is incorporated in the ROW Mobile Application Software falls under the scope of this Agreement. Any and all other third party application software or technology that may be distributed together with the ROW Mobile Application Software will be subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that you will not enter into a contractual relationship with ROW Mobile or its Affiliates regarding such third party application software or technology and you will look solely to the applicable third party and not to ROW Mobile or its Affiliates to enforce any of your rights.
2.5 New Versions of the ROW Mobile Application Software. ROW Mobile, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the ROW Mobile Application Software. You acknowledge and agree that ROW Mobile has no obligation to make available to You any subsequent versions of the ROW Mobile Application Software. You also agree that you may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the ROW Mobile Application Software. Furthermore, you acknowledge and agree that ROW Mobile, in its sole discretion, may modify or discontinue or suspend Your ability to use any version of the ROW Mobile Application Software, or terminate any license hereunder, at any time. ROW Mobile also may suspend or terminate any license hereunder and disable any ROW Mobile Application Software You may already have accessed or installed without prior notice at any time.
2.6 Paid Services. This Agreement applies to downloading, installing and using the ROW Mobile Application Software, free of charge. The use of any paid services which may be offered by ROW Mobile or its Affiliates, is subject to the additional Terms of Service that are published on the ROW Mobile Website.
Term 3. Exceptions to License Restrictions
3.1 Redistribution. You are not allowed to redistribute the ROW Mobile Application Software, unless You have agreed to and meet with the Distribution Terms that are published on the ROW Mobile Website.
3.2 API. You are not allowed to use or modify the API, unless You agree to and meet with the following subsequent terms:
- 3.2.1 You may only make use of and/or modify the API to distribute the ROW Mobile Application Software (a) for any legitimate purposes and (b) provided that You will not remove, overtake, hide or otherwise make the UI inaccessible for end users.
- 3.2.2 You will constantly monitor the ROW Mobile Website in order to ensure that You are distributing the latest stable version of the ROW Mobile Application Software as well as that You are aware of any changes in the applicable legal documents. In the event You cannot agree on any changes in any applicable legal document, You will immediately cease any and all use of the API and, where applicable, any and all use of the ROW Mobile Application Software.
- 3.2.3 You acknowledge and agree that Your use and/or modification of the API will be at Your own risk and account.
3.3 You acknowledge and agree that any IP Rights arising directly from the API are the exclusive ownership of ROW Mobile or its licensors without any compensation to You. Insofar as necessary, this Agreement serves as a deed of assignment of all of Your right, title and interest in and to such API modifications to ROW Mobile, notwithstanding Your obligation to cooperate with ROW Mobile in order finalize any other deed upon ROW Mobile’s first request. You hereby irrevocably waive to the extent permitted by law any moral rights relating to YourAPI modifications. You furthermore represent and warrant that (a) You are authorized to assign Your rights as stated above and (b) Your API modifications are correct and accurate and (c) the API modifications do not infringe upon any third parties’ rights, including but not limited to intellectual property rights.
3.4 Any other Exceptions. If You are interested in doing anything else than permitted under this Agreement or by the Distribution Terms, the API Terms or the ROW Mobile Promotional Materials Terms, You will have to obtain ROW Mobile’s written consent and agree on any further (commercial) terms.
Term 4. Permission to Utilize
4.1 Permission to utilize Your computer or smartphone or any mobile devices. In order to receive the benefits provided by the ROW Mobile Application Software, you hereby grant permission for the ROW Mobile Application Software to utilize the processor and bandwidth of Your computer, smartphone and not limited to mobile devices for the limited purpose of facilitating the communication between You and other ROW Mobile Application Software users.
4.2 Protection of Your computer, smartphone and mobile devices (resources). You understand that the ROW Mobile Application Software will use its commercially reasonable efforts to protect the privacy and integrity of Your computer resources and Your communication, however, You acknowledge and agree that ROW Mobile cannot give any warranties in this respect.
Term 5. Confidentiality and Privacy
5.1 ROW Mobile’s Confidential Information. You agree to take all reasonable steps at all times to protect and maintain any confidential information regarding ROW Mobile, its Affiliates, the ROW Mobile Staff, the ROW Mobile Application Software and the IP Rights, strictly confidential.
5.2 Your Confidential Information and Your Privacy. ROW Mobile is committed to respecting Your privacy and the confidentiality of Your personal data. The Privacy Policy that is published on the ROW Mobile Website applies to the use of Your personal data, the traffic data as well as the content contained in Your communication(s).
Term 6. IP Rights and Translations
6.1 Exclusive Ownership. You acknowledge and agree that any and all IP Rights are and shall remain the exclusive property of ROW Mobile and its licensors. Nothing in this Agreement intends to transfer any IP Rights to, or to vest any IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws.
6.2 No Removal of Notices. You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or ROW Mobile’s rights and ownership thereof.
6.3 Translations. You acknowledge and agree that the intellectual property rights regarding any translations made by You of any information on or accessible through the ROW Mobile Website or as otherwise requested of You by ROW Mobile at any time prior to or subsequent of the Effective Date will be and remain the sole and exclusive property of ROW Mobile without any compensation to You. Insofar as necessary, this Agreement serves as a deed of assignment of all of Your right, title and interest in and to such translations to ROW Mobile, notwithstanding Your obligation to cooperate with ROW Mobile in order finalize any other deed upon ROW Mobile’s first request. You hereby irrevocably waive to the extent permitted by law any moral rights relating to Your translations. You furthermore represent and warrant that (a) You are authorized to assign Your rights as stated above and (b) Your translations are correct and accurate and (c) the translations do not infringe upon any third parties’ rights, including but not limited to intellectual property rights.
6.4 Use of ROW Mobile Promotional Materials. You are not allowed to use the ROW Mobile Promotional Materials, unless You have agreed on and meet with the ROW Mobile Promotional Materials Terms as published on the ROW Mobile Website.
Term 7. Communication and Your Use of the ROW Mobile Application Software
7.1 Communication. Installing ROW Mobile Application Software enables You to communicate with other ROW Mobile Application Software users.
7.2 No Warranties. ROW Mobile cannot guarantee that You will always be able to communicate with other ROW Mobile Application Software users, nor can ROW Mobile guarantee that You can communicate without disruptions, delays or other communication-related flaws. ROW Mobile will not be liable for any such disruptions, delays or other omissions in any communication experienced when using ROW Mobile Application Software or any other issues over which ROW Mobile has no control.
7.3 No Control. You acknowledge and understand that ROW Mobile does not control, or have any knowledge of, the content of any communication(s) spread by the use of the ROW Mobile Application Software. The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, indecent or otherwise objectionable. ROW Mobile will not be liable for any type of communication spread by means of the ROW Mobile Application Software.
7.4 No Emergency Services. You expressly agree and understand that the ROW Mobile Application Software is not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any other kind of emergency service. ROW Mobile, its Affiliates or ROW Mobile Staff are in no way liable for such emergency calls.
7.5 Lawful purposes. You acknowledge and agree to use the ROW Mobile Application Software solely for lawful purposes. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for You, (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the ROW Mobile Application Software or the communication, or (c) send any unsolicited commercial communication not permitted by applicable law.
Term 8. Term and (Consequences of) Termination
8.1 Term. This Agreement will be effective as of the Effective Date and will remain effective until terminated by either ROW Mobile or You as set forth below.
8.2 Termination by ROW Mobile. ROW Mobile may terminate this Agreement at any time, with or without cause, by providing notice to You and/or by preventing Your access to the ROW Mobile Application Software, as set forth in Term 2.5 above.
8.3 Termination by You. You may terminate this Agreement at any time, with or without cause, provided that You will meet with the conditions as set forth in Term 8.4 below.
8.4 Consequences of Termination. Upon termination of this Agreement, You (a) acknowledge and agree that all licenses and rights to use the ROW Mobile Application Software shall terminate, and (b) will cease any and all use of the ROW Mobile Application Software, and (c) will remove the ROW Mobile Application Software from all hard drives, networks and other storage media and destroy all copies of the ROW Mobile Application Software in Your possession or under Your control.
Term 9. Your Representations and Warranties; Indemnification of ROW Mobile
9.1 Representations. You represent and warrant that You are authorized to enter into this Agreement and comply with its terms. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the ROW Mobile Application Software.
9.2 Indemnification. You agree to indemnify, defend and hold ROW Mobile, its Affiliates and the ROW Mobile Staff harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by said parties, in connection with or arising out of Your (a) violation or breach of any term of this Agreement or any applicable law, regulation, policy or guideline, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the ROW Mobile Application Software, or (d) use and/or modification of the API or (e) communication spread by means of the ROW Mobile Application Software.
Term 10 Disclaimer of Warranties
10.1 No warranties. THE ROW MOBILE APPLICATION SOFTWARE IS PROVIDED AS IS, WITH NO WARRANTIES WHATSOEVER; ROW MOBILE DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE ROW MOBILE APPLICATION SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. ROW MOBILE FURTHER DOES NOT REPRESENT OR WARRANT THAT THE ROW MOBILE APPLICATION SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES ROW MOBILE WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE WIRELESS BROADBAND, OR ANY QUALITY OF CALLS MADE THROUGH THE ROW MOBILE APPLICATION SOFTWARE.
10.2 Your own Risk. You acknowledge and agree that the entire risk arising out of the use or performance of the ROW Mobile Application Software remains with You, to the maximum extent permitted by law.
10.3 Jurisdiction’s Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You.
Term 11. Limitation of Liability
11.1 No Liability. The ROW Mobile Application Software is being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT ROW MOBILE, ITS AFFILIATES AND THE ROW MOBILE STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE ROW MOBILE APPLICATION SOFTWARE, AS SET FORTH BELOW.
11.2 Limitation of Liability. IN NO EVENT SHALL ROW MOBILE, ITS AFFILIATES OR THE ROW MOBILE STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE ROW MOBILE APPLICATION SOFTWARE, EVEN IF ROW MOBILE, ITS AFFILIATES OR THE ROW MOBILE STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.3 Remedy. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE ROW MOBILE APPLICATION SOFTWARE IS TO DEINSTALL AND CEASE USE OF SUCH ROW MOBILE APPLICATION SOFTWARE.
11.4 Jurisdiction’s Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You.
Term 12. General Provisions
12.1 New versions of the Agreement. ROW Mobile reserves the right to modify this Agreement at any time by providing such revised Agreement to You or by publishing the revised Agreement on the ROW Mobile Website. Your continued use of the ROW Mobile Application Software shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement.
12.2 Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between You and ROW Mobile with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.
12.3 Partial Invalidity. Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.
12.4 No waiver. The failure of ROW Mobile at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by ROW Mobile.
12.5 No Assignment by You. You are not allowed to assign this Agreement or any rights hereunder.
12.6 Assignment by ROW Mobile. ROW Mobile is allowed to at its sole discretion assign this Agreement or any rights hereunder to any Affiliate, without giving prior notice.
12.7 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of Malaysia without giving effect to the conflict of laws or provisions of Malaysia or Your actual state or country of residence.
12.8 Competent Court. Any legal proceedings arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of any court of Malaysia sitting in Malaysia.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE ROW MOBILE APPLICATION SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONSITIONS AND GRANT TO ROW MOBILE THE RIGHTS SET FORTH HEREIN.
Term 13. Force Majeure
ROW Mobile shall not be liable for any breach of this Agreement caused by Act of God, insurrection of civil disorder, war or military operations, national or local emergency, acts or omissions of Government, highway authorities or other competent authority, industrial disputes of any kind, fire, lightning, explosion, flood, subsidence, inclement weather, acts or omissions of persons or bodies for whom we are not responsible which includes, but is not limited to, third party operators whom we may use in order to provide our Service, or any other cause whether similar or dissimilar or outside our reasonable control. Upon the happening of a force majeure event, we may elect to terminate this Agreement or the Service or any part thereof or suspend the performance of this Agreement in whole or in part for the duration of the delaying period.
Term 14. Fair Use Policy
Summary
14.1. It is important to ROW Mobile that all eligible ROW Mobile customers are able to access our Services. Accordingly, we have devised a Fair Use Policy which applies to:
(a) usage of ROW Mobile calls
(b) usage of DID numbers
(c) usage of promotions; and
(d) any other promotions which are advertised by ROW Mobile as subject to the Fair Use Policy (“Fair Use Promotions”).
14.2. We reserve the right to vary the terms of the Fair Use Policy from time to time.
14.3. ROW Mobile may rely on the Fair Use Policy where your:
(a) usage of ROW Mobile calls;
(b) usage of your DID number
(c) participation in a Fair Use Promotion, is excessive or unfair, as defined below.
Excessive Use
14.4. In the case of ROW Mobile calls, there are restrictions on the maximum number of calls and the duration of the calls.
14.5. In the case of DID numbers, applying for more than one number is excessive use
14.6. In the case of Fair Use Promotions, what is excessive use will either be advertised by ROW Mobile at the time of the relevant promotion or included in this Fair Use Policy prior to the commencement of the relevant promotion.
Unfair Use
14.7. It is unfair use where You attempt to gain unauthorized access to any feature or part of ROW Mobile Services or Network by any illegitimate means.
14.8. It is unfair use where You use any device or application software to interfere or attempt to interfere with the proper working of the ROW Mobile Services or any transaction being conducted on ROW Mobile Network.
14.9. It is unfair use where You forge headers or otherwise manipulate identifiers in order to disguise Your origin. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity especially for Fair Use Promotion.
14.10. It is unfair use where You attempt to resupply a ROW Mobile Service without ROW Mobile`s prior consent.
14.11. It is unfair use where You use ROW Mobile Services or Network for any purpose that is unlawful or prohibited by this Fair Use Policy, or to solicit the performance of any illegal activity or other activity which infringes the rights of ROW MOBILE.
Our rights
14.12. ROW Mobile may charge you a cost-price based rate for any subsequent calls to one of the destinations, terminate your account, or deny the use of the ROW Mobile service or features of it.
Term 15. Payments / Credit
15.1. Credit, purchased using any payment method, is valid for an indefinite period of time. There is no limit to the maximum amount of credit per user account.
15.2. Unused credit, purchased by Credit Card, can be refunded within 90 days after purchase date by submitting a request at the customer service of the respective ROW Mobile label.
15.3. Upon a duly submitted refund request for credit purchased by Credit Card, ROW Mobile will refund the credit balance, also in the event you terminate your user account.
Free services with ROW Mobile
- On-nett calls between ROW Mobile users are totally free.
- On-nett sms between ROW Mobile users are totally free.
- On-nett video calls between ROW Mobile users are totally free.
ROW Mobile Credit Card payments will appear as ROW MOBILE on your bank or card statement.
ROW MOBILE SDN BHD (1153544-K)
723, Block B2 Leisure Commerce Square
45160 Petaling Jaya, Selangor
Malaysia
Commercial Register of the Local Court: Malaysia.
Registered under number: 1153544-K.
For (payment) inquiries, please go to our Help section.
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