Terms of Service

1. Overview

This website is operated by Martin Cetkovský. Throughout the site and these Terms of Service, the terms “we”, “us”, “our” and “vendor” refer to Martin Cetkovský, Ulrychova 849/9, 624 00 Brno, Czech Republic, registered with Trade Register, Czech Republic, ID.Nr.: 72472987, VAT ID CZ8402144135. Martin Cetkovský offers this website, including all information, tools, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Agreement”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Note: In case the terms of these Terms of Service conflict with the terms of any agreement individually negotiated and agreed between the vendor and Licensee, the terms of the latter shall prevail.

2. Definitions

2.1. “Terms of Service”, “Terms”, “Agreement” means these Terms of Services.

2.2. “Product” means any software provided by the Vendor.

2.3. “User” means any employee, independent contractor or other temporary worker authorized by Licensee to use Software while performing duties within the scope of their employment or assignment.

2.4. “Licensee” means the sole proprietor or legal entity specified in the Product purchase confirmation. For legal entities, “Licensee” includes any entity which controls, is controlled by, or is under common control with Licensee. For purposes of this definition, “control” means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.

3. Online store terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

4. Products or services (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

The use of products and services might also be governed by their own terms and/or license agreements which prevails these Terms of Service.

5. Purchasing throught resellers

These Terms of Service apply whether Licensee purchases a Product or Service directly from Martin Cetkovský or through resellers. If Licensee purchases through a reseller, the Product or Service details shall be as stated in the License/Subscription Confirmation issued by a reseller to Licensee, and the reseller is responsible for the accuracy of any such License/Subscription Confirmation. Resellers are not authorized to make any promises or commitments on Martin Cetkovský’ behalf, and Martin Cetkovský is not bound by any obligations to Licensee other than as specified in these Terms of Service.

If Licensee purchase through a reseller, the Licensee takes in the account that the sale is governed by the reseller’s terms of service and/or other relevant documents and that the reseller’s terms may take precedence over the terms stated in these Terms of Service.

6. Third-party software and links

6.1. Certain content, products and services available via our Service may include materials from third-parties, including open source software (“Third-Party Software”). The list of Third-Party Software included in each Product is available in Product documentation. All Third-Party Software is licensed to Licensee under the terms of their respective licenses located in the Product documentation.

6.2 Third-party links on this site, in products or services may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

6.3.  MARTIN CETKOVSKÝ PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD-PARTY SOFTWARE AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

7. User comments, feedback and other submissions

Licensee has no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if Licensee or Users submit Feedback to us, then Licensee grants us a nonexclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform the Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise.

Additionally, if, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

8. Limited warranty, disclaimer of damages

FOR EU CUSTOMERS, THIS SECTION 8 AND/OR OTHER SECTIONS OF THESE TERMS OF SERVICE DOES NOT REDUCE YOUR MANDATORY CONSUMER RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION.

FOR NEW ZEALAND CUSTOMERS, THIS SECTION 8 DOES NOT EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY RIGHT OR REMEDY THAT CANNOT BE SO EXCLUDED, RESTRICTED OR MODIFIED INCLUDING THOSE CONFERRED BY THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993. UNDER THIS ACT ARE GUARANTEES WHICH INCLUDE THAT GOODS AND SERVICES ARE OF ACCEPTABLE QUALITY. IF THIS GUARANTEE IS NOT MET THERE ARE ENTITLEMENTS TO HAVE THE SOFTWARE REMEDIED (WHICH MAY INCLUDE REPAIR, REPLACEMENT OR REFUND). IF A REMEDY CANNOT BE PROVIDED OR THE FAILURE IS OF A SUBSTANTIAL CHARACTER, THE ACT PROVIDES FOR A REFUND.

A. Limited warranty

8.1 ALL PRODUCTS AND SERVICES ARE PROVIDED TO LICENSEE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE PRODUCTS IS AT YOUR OWN RISK. MARTIN CETKOVSKÝ MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARTIN CETKOVSKÝ, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCTS, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. MARTIN CETKOVSKÝ (AND ITS AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) DOES NOT WARRANT THAT THE PRODUCTS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE PRODUCTS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PRODUCTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

8.2 IN CASE A VENDOR IS OBLIGATED TO RECTIFY A DEFECT FOR ANY REASON THE VENDOR WILL BE DEEMED TO HAVE FULFILLED ITS OBLIGATION TO RECTIFICATION OF DEFECTS IF IT HAS MADE AVAILABLE FOR DOWNLOAD ON ITS HOMEPAGE RELEVANT UPDATES.

B. Disclaimer of damages

8.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MARTIN CETKOVSKÝ (OR ITS AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES), OR MARTIN CETKOVSKÝ’ LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE OR ANYONE ELSE FOR: (A) ANY LOSS OF USE, DATA, GOODWILL, OR PROFITS, WHETHER OR NOT FORESEEABLE; (B) ANY LOSS OR DAMAGES IN CONNECTION WITH TERMINATION OR SUSPENSION OF LICENSEE’S ACCESS TO OUR PRODUCTS IN ACCORDANCE WITH THESE TERMS OF SERVICE, AND (C) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), INCLUDING THOSE (X) RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE, (Y) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR (Z) ARISING FROM ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH LICENSEE’S USE OF OR ACCESS TO THE SERVICES OR SOFTWARE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

8.4. IF AN APPLICABLE LAW ALLOWS YOU TO RECOVER DAMAGES FROM THE VENDOR, EVEN THOUGH THESE TERMS OF SERVICE DOES NOT, OUR TOTAL LIABILITY IN ANY MATTER ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE IS LIMITED TO ONE HUNDRED (5) US DOLLARS OR THE AGGREGATE AMOUNT THAT LICENSEE PAID FOR PRODUCTS DURING THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, WHICHEVER IS LARGER. THIS LIMITATION WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE LIABILITY EXCEEDING THE AMOUNT AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

8.5. THERE WILL BE NO FURTHER LIABILITY ON THE PART OF THE VENDOR.

8.6. THE LIMITATION OF LIABILITY MENTIONED ABOVE APPLIES ALSO TO THE PERSONAL LIABILITY OF CO-WORKERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, REPRESENTATIVES AND ORGANS OF THE VENDOR.

9. Indemnification

You agree to indemnify, defend and hold harmless Martin Cetkovský and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

10. Export regulations

Licensee shall comply with all applicable laws and regulations with regards to: economic sanctions; export controls; import regulations; and trade embargoes (“Sanctions”), including those of the European Union and United States (specifically the Export Administration Regulations (EAR)). Licensee acknowledges that it is not a person targeted by Sanctions nor is it otherwise owned or controlled by or acting on behalf of any person targeted by Sanctions. Further, Licensee acknowledges that it will not download or otherwise export or re-export Vendor’s content, products or services or any related technical data directly or indirectly to any person targeted by Sanctions or download or otherwise use Vendor’s content, products or services for any end-use prohibited or restricted by Sanctions.

11. Marketing

Licensee agrees to be identified as a customer of Martin Cetkovský and that Martin Cetkovský may refer to Licensee by name, trade name and trademark, if applicable, and may briefly describe Licensee’s business in Martin Cetkovský marketing materials, on the Martin Cetkovský website, in public or legal documents. Licensee hereby grants Martin Cetkovský a license to use Licensee’s name and any of Licensee’s trade names and trademarks solely pursuant to this marketing section. Licensee explicitly agree that Martin Cetkovský is allowed to transfer this license granted by Licensee to another entity which acquires rights to create, manage and/or sell the corresponding website, product and/or service from Martin Cetkovský in future.

12. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

13. Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

14. Personal information

Your submission of personal information through the store, Product, Service or web site is governed by our Privacy Policy. You explicitly agree that Martin Cetkovský is allowed to transfer the rights to collect, process, use etc. of your Personally identifiable information and other linked information to another party which acquires rights to create, manage and/or sell the corresponding website, product and/or service from Martin Cetkovský in future.

15. Accuracy of billing and account information

We reserve the right to refuse any order you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

16. Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

17. Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

18. Prohibited uses

In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Product, the Service, the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Product, the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Product, the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Product, the Service or any related website for violating any of the prohibited uses.

19. Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, including the Third-Party Software license terms, and any policies or operating rules posted by us on this site or in respect to The Service and The Product constitutes the entire agreement and understanding between you and us and govern your use of the Service and the Product, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Agreement).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

No purchase order, other ordering document or any handwritten or typewritten text which purports to modify or supplement the printed text of these Terms of Service or any schedule will add to or vary the terms of these Terms of Service unless signed by both Licensee and Martin Cetkovský.

20. Termination

These Terms of Service are effective unless and until terminated by either you or us.

20.1. Martin Cetkovský may terminate these Terms of Service if:

(A) If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof);

(B) Licensee fails to make the timely payment of respective fees;

(C) Martin Cetkovský is required to do so by law; or

(D) Martin Cetkovský elects to discontinue to provide its web site, Service or a subscription, in whole or in part.

20.2. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Products, Services, or when you cease using our site.

20.3. Survival. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.

21. Governing law

These Terms of Service and any separate agreements whereby we provide you Products or Services shall be governed by and construed in accordance with the laws of Czech Republic, without reference to conflict of laws principles. Licensee agrees that any litigation relating to these Terms of Service may only be brought in, and will be subject to the jurisdiction of, any relevant competent court of Czech Republic.

22. Changes to terms of service

You can review the most current version of the Agreement at any time at this page or at our site.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service, including any referenced policies and other documents, by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Agreement, including any referenced policies and other documents, constitutes acceptance of those changes.

23. Opportunity to review

Licensee hereby declares that Licensee has had sufficient opportunity to review these Terms of Service, understand the content of all of its clauses, negotiate its terms, and seek independent professional legal advice in that respect before entering into it. Consequently, any statutory “form contracts” (“adhesion contracts”) regulations shall not be applicable to these Terms of Service.

24. Refund policy

All products and services are sold “as is”. The customer assumes the responsibility for the purchase, and no refunds will be issued.

The customer shall test the contract software using a limited evaluation version if available on the vendor’s homepage before placing a purchase order.

25. General

25.1. Reservation of Rights. Martin Cetkovský reserves the right at any time to cease the support of Product, Service or its web site and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of Product, Service or its web site. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

25.2. Headings. Headings and titles are for convenience only and do not affect the interpretation of these Terms of Service.

25.3. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

25.4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

25.5. Notice. Martin Cetkovský may deliver any notice to Licensee via electronic mail to an email address provided by Licensee, registered mail, personal delivery or renowned express courier (such as DHL, Fedex or UPS). Any such notice will be deemed to be effective (i) on the day the notice is sent to Licensee via email, (ii) upon personal delivery, (iii) one (1) day after deposit by express courier, (iv) or five (5) days after deposit in the mail, whichever occurs first.

25.6. For exceptions or modifications to these Terms of Service, or should you have questions about the Agreement, please contact Martin Cetkovský at email ahoy@letterinkapp.com

25.7. The vendor's homepage/web site is located at www.letterinkapp.com.

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