Florence Doksansky will go about the matter of organizing and preparing us for the Lexis-Nexis contract.
This will summarize questions about the LN deal for the whole group, for starters. The summary should begin to give us a sense of what we do and don't understand very well, what has to be worked out, and by when. Florence will funnel questions to the Lexis-Nexis folks on our behalf.
I have highlighted the outstanding questions to be asked of LN with a ==>
Highlights of the Lexis-Nexis license:
1. The LN license is for a web product called UNIVerse. LN are trying to phase out the telnet version (which is more costly for them to maintain) by raising those prices very high (per our discussions of last winter/spring) while making the UNIVerse pricing comparatively low.
2. The pricing model is based on FTEs (as is Britannica Online).
3. Use is unlimited, i.e., no simultaneous user limits; it applies to all members of the academic community that is licensed.
4. FTEs can be accumulated and LN seems to be willing to let customers combine consortia.
5. Florence and Hannah Stevens of the BLC spoke informally a couple of weeks ago, and Hannah also spoke with me last week, about combining BLC and NERL members into One Grand Lexis-Nexis duo-consortial license. We agreed this was a good idea and that, conservatively, we could bring 300,000 FTE to such a license. Likely it could be a lot more (as high as 500,000 FTE) if most of us joined and if some of our Britannica/IDEAL affiliates joined as well. 300,001 FTE costs about $1.87 per FTE. For many of us, this is cheaper than our current pricing. For example, at Yale we are currently spending about $48,000 on LN, or $4.36 per head.
6. We believe we can or ought to try to make this deal happen by January 1, 1998.
7. All these Grand Ideas are subject to realities such as: does the product work? Is our understanding of the product correct?
Lexis-Nexis FAQs Frequently Asked Questions
Q1. Instruction/training.
The license includes (a) The right to electronically display Materials retrieved from the Online Services to no more than one person at a time, subject to the Supplemental Terms for Specific Materials. Does this restrict our use of the product in training sessions or does it mean that we must specifically use training passwords for that purpose?
==> A1. LN needs to be asked this question. The only specific reference I see to training in the license is 8, which says that LN will providing training to faculty and staff members only, along with training diskettes and software. This suggests that training is very much part of the game but doesn't say quite how. I believe LN will be quite open to free or cheap training. Use of their products depends on it.
Q2. You may not print or download Materials without using the printing or downloading commands of the Online Services. I don't think this will be a problem if the mechanism works, but it does suggest that Nexis-Lexis will be monitoring downloading and printing.
==> A2. Again, the license says nothing about monitoring usage, so the point is well taken. We ought to be careful to introduce privacy language into the NERL/BLC version of the contract. And let's check out the printing/downloading commands in our test phase.
Q3. You may not use an identification number to access the Online Services from outside the country for which it was issued. I assume this will not restrict our ability to offer Nexis-Lexis access to Yale students or faculty who may be abroad but still able to access the Yale network with their net ID.
==> A3. This does seem to say that use outside the country is not permitted, though quite how LN would recognize such use, I am not sure. If it is important to us, then this matter needs to be clarified with LN. Increasingly, it might become important.
Q4. LN shall provide access to and use of the Online Services by students enrolled in a degree program, active instructors, active faculty, and *active administrative staff*, all as designated by Subscriber, and other Subscriber personnel designated by Subscriber and approved by LN. Does this extend use of Nexis-Lexis to administrative personnel who in the past have been expressly excluded (e.g. those in Development?)
A4. Our current license is faculty/students only. All others are excluded (though some or all librarians have passwords). The UNIVerse product opens access to all campus members:
2.1 "Only individuals authorized by the subscribing organization may access and use the Online services."
Exhibit B 2. Quoted directly above and goes on to say, "Any person who does not possess an authorized and valid college or university identification number is unauthorized." This would seem to suggest that anyone with Yale ID is authorized.
Exhibit B3. "Use of identification numbers issued pursuant to this Price Schedule must be limited to research directly connected with the educational activities of Subscriber. Any other use of identification numbers issued pursuant to this Price schedule is strictly forbidden."
==> I take this to read that if one is pursuing Yale's activities, use is permitted. However, should a Yale employee be running a business from home (computer startup, say), LN use for that person with Yale ID for the non-Yale activities is not permitted. Since several have asked about whether administrative and development work is included or excluded, we should query LN specifically about this matter.
Q5. There's no longer any mention of the number of simultaneous users supported, except for "those materials and features not yet available in the UNIVerse materials"; is it now unlimited?
A5. Yes, as far as I can tell, use of the UNIVerse product is unlimited, with one exception.
See Exhibit B5: the subscriber is provided a limited number of simultaneous user accesses, based on the student FTEs for access to the full LN services for "those materials and features not yet available in the UNIVerse materials, at no additional charge to the user."
==> We need to find out just what these "not yet available features" might be and whether we think the number of simultaneous users we would get by this means will be sufficient. For example, 300,000 FTE would yield us 17 simultaneous users. Is that adequate? How will we share them?
Q6. John James reported the following observations from Dartmouth staff:
After a cursory look at a few content divisions I made a couple of unsettling discoveries.* Country Report data is copyrighted 1995 and the data is dated 1993 or 94. Ridiculous. Same for State Reports.
* It appears we've lost the ability to do segment searching.
* We've lost the ability to do byline searches.
* We've lost the ability to limit to a single source or group of sources.
You have to choose from one of the categories L-N provides - "Top News", "General News Topics", "Country Reports", "Law Reviews", etc. Trying to locate a particular article in the Harvard Law Review ain't easy. In fact it may not be possible at all.
* We've lost the KWIC display format. Locating your terms in a long story will play differently.
* "Source Descriptions" (files included) vary from category to category.
In General News Topics the sources are not listed individually. In other categories there may be a list of several items.
==> A6. I certainly don't know the answers to the above; a couple of NERL members have said that they found ways to actually do these things. How so?
Is this simply a documentation/training issue or are there problems with the new service?
How serious are they, if so?
These are vital, open questions.
Q7. Who is now dealing with Nexis for NERL? Should we contact Wallman directly, or funnel a request for clarification to him through the NERL rep?
==> A7. Florence Doksansky is dealing for us on the LN contract and will be talking to Tom Wallman directly. If one can get him on the phone, he seems very responsive. There is nothing to stop any of us calling him ourselves, of course, but with ISI/WoS, we have seen the up and downsides of direct contact. The upside is that one's questions are answered directly -- and those may be very institution-specific questions. The downside can be some confusion between versions of stories and the feeling of a divide-conquer approach from the vendor.
Q8. It would be very helpful to if you would let us know how you anticipate the new pricing might be broken down. Say NERL joins with BLC and our total student FTE is 300,001. On p. 6 in the Subscription Agreement, I see that would throw us into the 300,001 to 500,000 range for a base cost of $560,825 plus ($1.40 X 33,000) for our overage. Would this total cost then be divided EQUALLY among participating libraries -- or would we contribute to the total payment in proportion to our student FTE totals?
A8. It seems fair and should be very easy to contribute to the total payment in proportion to our FTE totals. We should agree upon this matter (or propose other cost-sharing arrangements). Per our agreement of 7/96, a NERL account has been established at Yale. It can be used to deposit all our FTE payments and generate a check to LN. I note that payments are monthly and am not sure that we each want to get into monthly transactions among ourselves, so we would need to work that part out, too. Also note that consortial benefits come from one license/one payment. Separate monthly payments from each of us to LN are not likely to yield the combined benefits.
Q9. As for the adequacy of, say, 18 ports for 333,000 users for the "full LEXIS-NEXIS services" [p. 6, Section 5], it will help when we can get a better understanding of what a complete UNIVerse database will look like, in contrast to the "full LEXIS-NEXIS services". Can Tom Wallman give us any further info on the differences?
==> A9. Yes, we need to more fully understand that difference and the sooner, the better. This might be a crucial factor in our going ahead.
Q10. Having our trial is a help, but even now the UNIVerse database is still under development, isn't it?
==> A10. I imagine so, but the matter of development and how the product will change needs to be explored with Tom Wallman.
10/1/97
COMMERCIAL ACADEMIC UNIVerse PRICING
You may subscribe to the LEXIS-NEXIS UNIVerse materials and the LEXIS-NEXIS services (collectively, the "Online Services") by agreeing to abide by the General Terms and Conditions and the Price Schedule attached hereto and incorporated herein, as Exhibits A and B, respectively. The General Terms and Conditions and the Additional Terms represent the entire agreement for access to and use of the Online Services, The General Terms and Conditions are also set forth in the online UNIVerse main menu, In the event of a conflict or variation between the General Terms and Conditions attached hereto and those appearing in the UNIVerse main menu, the latter shall control. Your subscription is subject to acceptance by LEXIS-NEXIS, which acceptance shall be evidenced by issuing one or more identification numbers to access the Online Services, and permitting access to the UNIVerse materials through Internet Protocol (IP) address(es).
SUBSCRIBER:
(NAME OR INSTITUTION OR INDIVIDUAL)
NAME:
(AUTHORIZED SUBSCRIBER, SIGNATURE NAME)
TITLE:
DATE:
Subscriber hereby certifies that there were number of active student FTE's as of September 30th of the preceding year. The Annual Rate for the Initial Year will be
EXHIBIT A TO LEXIS-NEXIS SUBSCRIPTION AGREEMENT
General Terms and Conditions
Commercial Academic UNIVerse Pricing
August 1, 1997
The following terms and conditions govern your use of the LEXIS-NEXIS services (the "Online Services") and the materials available therein ("Materials"):
1. LICENSE; RESTRICTIONS ON USE
1.1 You are granted a nonexclusive, nontransferable, limited license to access and use for research purposes the Online Services and Materials from time to time made available to you, This license includes:
(a) The right to electronically display Materials retrieved from the Online Services to no more than one person at a time, subject to the Supplemental Terms for Specific Materials;
(b) The right to obtain a printout of Materials via printing commands of the Online Services and to create a single printout of Materials downloaded via downloading commands of the Online Services (collectively, "Authorized Printouts");
(c) With respect to Materials that are court cases, court rules, court briefs, agency-issued documents, agency regulations or executive branch materials from the United States, its states or territories (collectively, "Authorized Legal Materials"), the right to retrieve via downloading commands of the Online Services and store in machine-readable form, primarily for one person's exclusive use, a single copy of insubstantial portions of those Materials included in any individual file to the extent the storage of those Materials is not further limited or prohibited by the Supplemental Terms for Specific Materials;
(d) With respect to Materials that are United States patents ("Authorized Patent Materials"), the right to retrieve via downloading commands of the Online Services and store in machine-readable form, primarily for one person's exclusive use, a single copy of not more than 200 patents at any one time; and
(e) With respect to all Materials other than Authorized Legal Materials and Authorized Patent Materials, the right to retrieve via downloading commands of the Online Services and store in machine-readable form for no more than 90 days, primarily for one person's exclusive use, a single copy of insubstantial portions of those Materials included in any individual file to the extent the storage of those Materials is not further limited or prohibited by the Supplemental Terms for Specific Materials.
1.2 To the extent permitted by applicable copyright law and not further limited or prohibited by the Supplemental Terms for Specific Materials, you may make copies of Authorized Printouts and distribute Authorized Printouts and copies.
1.3 Except as specifically provided in Sections 1.1 and 1.2, you are prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing, or using Materials retrieved from the Online Services. You may not print or download Materials without using the printing or downloading commands of the Online Services.
1.4 All right, title, and interest (including all copyrights and other intellectual property rights) in the Online Services and Materials (in both print and machine-readable forms) belong to the provider of the Online Services or its third party suppliers of materials. You acquire no proprietary interest in the Online Services, Materials, or copies thereof.
1.5 Except as specifically provided herein, you may not use the Online Services or Materials retrieved from the Online Services in any fashion that infringes the copyrights or proprietary interests therein.
1.6 You may not remove or obscure the copyright notice or other notices contained in Materials retrieved from the Online Services.
1.7 You may not use information included in the Online Services or Materials retrieved from the Online Services to determine a consumer's eligibility for (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit.
1.8 Other provisions that govern your use of Materials are set forth in your applicable price schedule, the Supplemental Terms for Specific Materials, online descriptions of files, online notices following file selection, and individual documents retrieved from the Online Services (collectively, the "Additional Terms"), all of which are incorporated by reference into these General Terms and Conditions.
2. ACCESS TO SERVICES
2.1 Only individuals authorized by the subscribing organization may access and use the Online Services.
2.2 You may not use an identification number to access the Online Services from outside the country for which it was issued.
2.3 Your identification number(s) may be restricted from accessing certain Materials otherwise available in the Online Services-
2.4 Materials and features may be added to or withdrawn from the Online Services and the Online Services otherwise changed without notice.
3. LIMITED WARRANTY
3.1 The provider of the Online Services represents and warrants that ft has the right and authority to make the Online Services and Materials available pursuant to these General Terms and Conditions.
3.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 3.1, THE ONLINE SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND THE PROVIDER OF THE ONLINE SERVICES AND EACH THIRD PARTY SUPPLIER OF MATERIALS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
4. LIMITATION OF LIABILITY
4.1 A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Online Services or any Materials available or not included therein, (b) the unavailability or interruption of the Online Services or any features thereof or any Materials, (c) your use of the Online Services or Materials (regardless of whether you received any assistance from a Covered Party in using the Online Services), (d) your use of any equipment in connection with the Online Services, (e) the content of Materials, or any delay or failure in performance beyond the reasonable control of a Covered Party.
4.2 "Covered Party" means (a) the provider of the Online Services, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of the provider of the Online Services or its affiliates- and (b) each third party supplier of Materials, their affiliates: and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of Materials or any of their affiliates.
4.3 THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR MATERIALS SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
4.4 THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY To PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.
5. MISCELLANEOUS
5.1 These General Terms and Conditions, including the Additional Terms, may be changed from time to time as described below or by written agreement. Charges and payment terms may be changed in accordance with your applicable price schedule; all other provisions may be changed by the provider of the Online Services immediately upon notice. Your subscription for access to the Online Services may be terminated immediately upon notice to the provider of the Online Services if any change is unacceptable. Continued use of the Online Services following any change constitutes acceptance of the change.
5.2 The provider of the Online Services or the subscribing organization may terminate the subscription for access to the Online Services, The effective date of termination shall be ten days after the receipt of an appropriate notice of termination, unless a later date is specified in the notice. The provider of the Online Services may suspend or discontinue providing the Online Services to you without notice and pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.
5.3 Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in the Online Services by the provider thereof. Notices shall be deemed to have been properly given on the date deposited in the U.S. mails, if mailed- on the date first made available, if displayed in the Online Services; or on the date received, if delivered in any other manner. Notices to the provider of the Online Services should be sent to your account representative.
5.4 The failure of the provider of the Online Services or any third party supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
5.5 The subscribing organization or individual may not assign its rights or delegate its duties under the subscription to access the Online Services without the prior written consent of the provider of the Online Services-
5.6 These General Terms and Conditions and the Additional Terms shall be governed by and construed in accordance with the laws of the State of Ohio.
5.7 Each third party supplier of Materials has the right to assert and enforce these provisions directly on its own behalf as a third party beneficiary.
----------------- - -------- END OF EXHIBIT A -------- - ----------
EXHIBIT B TO LEXIS-NEXIS SUBSCRIPTION AGREEMENT Price Schedule
Commercial Academic UNIVerse Pricing
August 1, 1997
These LEXIS-NEXIS ('LN") charges are effective as of August 1, 1997, and shall continue thereafter until the subscribing organization ("Subscriber") is otherwise notified in accordance with Section 4.3 below. The terms and conditions are offered only to individual educational institutions and consortium educational institutions. Subscriber warrants that only students, instructors, faculty and employees of Subscriber's school shall access and use the Online Services.
1. TERM
This Agreement will begin on the date it is accepted by LN, which acceptance will be evidenced by issuing one (1) or more identification numbers to access the Online Services and permitting access to UNIVerse materials through Subscriber's Internet Protocol (IP) addressees), and continue until June 30"' (the "Initial Year'). After the Initial Term, this Agreement will automatically continue for additional one (1) year periods from July 1 to June 30 (the 'Renewal Year(s)," collectively, the "Term").
2. AUTHORIZED USERS
LN shall provide access to and use of the Online Services by students enrolled in a degree program, active instructors, active faculty, and active administrative staff, all as designated by Subscriber, and other Subscriber personnel designated by Subscriber and approved by LN (collectively, "Authorized Users"), in accordance with the terms and conditions of this Agreement. Any person who does not possess an authorized and valid college or university identification number is unauthorized. To determine the price under this Agreement, LN will use the number of full time equivalent students certified by Subscriber as of September 30th of the prior year ('FTE's").
3. USE OF SERVICES.
Use of identification numbers issued pursuant to this Price Schedule must be limited to research directly connected with the educational activities of Subscriber- Any other use -of identification numbers issued pursuant to this Price Schedule is strictly forbidden. If Subscriber becomes aware of any unauthorized use, R shall notify LN immediately.
4. UNIVerse SUBSCRIPTION CHARGE.
4.1 Subscriber will pay as follows for the Initial Year and each Renewal Year (subject to Section 4.3 below) of this Agreement based upon the number of student FTE's for access to and use of the UNIVerse materials:
| Number of Student FTE's | Annual Rate |
| From 0 up to 1,500 | $9,000.00 |
| From 1,501 up to 3,000 | $11,850.00 |
| From 3,001 up to 5,000 | $18,500.00 |
| From 5,001 up to 7,000 | $25,800.00 |
| From 7,001 up to 9,000 | $32,975.00 |
| From 9,001 up to 1 1,000 | $39,775-00 |
| From 11,001 up to 13,000 | $46,575.00 |
| From 13,001 up to 15,000 | $52,875.00 |
| Number of Student FTE's | Annual Rate |
| From 15,001 up to 18,000 | $60,750.00 |
| From 18,001 up to 21,000 | $69,825.00 |
| From 21,001 up to 24,000 | $78,525.00 |
| From 24,001 up to 27,000 | $86,925.00 |
| From 27,001 up to 30.000 | $95,025.00 |
| From 30,001 up to 34,000 | $104,075.00 |
| From 34,001 up to 38,000 | $114,075.00 |
| From 38,001 up to 42,000 | $123,575.00 |
| From 42,001 up to 46,000 | $132,575.00 |
| From 46,001 up to 50,000 | $141,575.00 |
| From $50,001 up to 54,000 | $149,575.00 |
| From 54,001 up to 58,000 | $157,575.00 |
| From 58,001 up to 62,000 | $165,575.00 |
| From 62,001 up to 66,000 | $173,575.00 |
| From 66,001 up to 70,000 | $181,575.00 |
| From 70,001 up to 100,000 | $181,575.00 + $1.85/FTE over 70,000 |
| From 100,001 up to 150,000 | $237,075.00 + $1 .75/FTE over 100,000 |
| From 150,001 up to 225,000 | $324,575,00 + $1.65/FTE over 150,000 |
| From 225,001 up to 300,000 | $448,325.00 + $1.50/FTE over 225,000 |
| From 300,001 up to 500,000 | $560,825.00 + $1.40/FTE over 300,000 |
| From 500,001 | $840,825@00 + $1.20/FTE over 500,000 |
4.2 Subscriber will pay the Annual Rate as detailed in Section 4.1 in twelve (12) equal installment payments, unless Subscriber elects to prepay the Annual Rate by notifying LN.
4.3 LN may increase the Annual Rate on the first day of a Renewal Year upon thirty (30) days prior notice to Subscriber.
5. LEXIS-NEXIS SERVICES.
LN will provide Subscriber with the following number of simultaneous users based on the student FTE's for access to the full LEXIS-NEXIS services for those materials and features not yet available in the UNIVerse materials, at no additional charge to Subscriber:
| Number of Student FTE's | Number of Simultaneous Users |
| From 1 up to 5,000 | 1 |
| From 5,001 up to 10,000 | 2 |
| From 10,001 up to 15,000 | 3 |
| From 15,001 up to 24,000 | 4 |
| From 24,001 up to 35,000 | 5 |
| From 35,001 up to 48,000 | 6 |
| From 48,001 up to 63,000 | 7 |
| From 63,001 up to 80,000 | 8 |
| From 80,001 up to 99,000 | 9 |
| From 99,001 up to 120,000 | 10 |
| From 120,001 up to 143,000 | 11 |
| From 143,001 up to 168,000 | 12 |
| From 168,001 up to 195,000 | 13 |
| From 195,001 up to 224,000 | 14 |
| From 224,001 up to 255,000 | 15 |
| From 255,001 up to 288,000 | 16 |
| From 288,001 up to 323,000 | 17 |
| From 323,001 up to 360,000 | 18 |
| From 360,001 up to 399,000 | 19 |
| From 399,001 up to 440,000 | 20 |
| From 440,001 up to 483,000 | 21 |
| From 483,001 up to 528,000 | 22 |
| From 528,001 up to 575,000 | 23 |
6. HOURS OF ACCESS.
Authorized Users will have access during all hours the Online Services are generally available for commercial use.
7. EQUIPMENT.
Subscriber must use its own equipment to access the Online Services.
8. TRAINING DISKETTES AND SOFTWARE.
8.1 LN will waive all charges for a reasonable number of training diskettes and software required to access the Online Services. LN will provide training to faculty and staff members only.
8.2 LN will provide technical support for initial setup and installation, if required, at no additional charge to Subscriber.
9. TAXES.
The charges detailed in this Price Schedule are exclusive of any state or local sales, use, or similar taxes. If any such taxes are applicable, they shall be charged to Subscriber's account. If Subscriber is exempt from any such taxes, the tax shall not be charged to Subscriber upon receipt of a certificate of exemption.
10. PAYMENT TERMS.
All charges incurred by Subscriber, together with applicable taxes, are payable within ten (10) days after receipt of an invoice. Amounts which have not been paid within thirty (30) days after the invoice date are thereafter until paid subject to a late payment charge at a rate equal to fifteen percent (15%) per annum (or, if less, the maximum rate permitted under applicable law),
11. COLLECTION COST.
Subscriber shall be liable for all costs of collection incurred by LN, including without limitations, collection agency fees, reasonable attorneys fees, and court costs, if Subscriber fails to comply with the payment obligations set forth herein.
12. MISCELLANEOUS.
12.1 Notwithstanding anything to the contrary in Section 5.2 of the General Terms and Conditions, this Agreement may not be terminated by Subscriber during the Initial Year. Subscriber may terminate this Agreement on the first day of any Renewal Year upon sixty (60) days prior written notice prorated to LN.
12.3 In the event Subscriber issues a purchase order or other document relating to the Online Services, Subscriber agrees that the document shall be for Subscribers internal purposes only and shall in no way modify or affect any of the terms or conditions for access to the Online Services.
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