contract approval process The Software furnished under this Agreement is provided on an as is basis, without any warranties or representations express, implied or statutory, including without limitation, warranties of quality, merchantability or fitness for a particular purpose. Was this document helpful? legal basis for software contracts. Developer for the hours they spend on your software first rule is that you should pay. The signatures of all Parties need not appear on the same counterpart. Any support and maintenance services, updates, versions, or new releases shall be contracted under a separate agreement between the Parties. Developer warrants the Software will not infringe on any copyright, patent, trade secret or other intellectual property interest of any third party. The terms section should answer these questions: The terms of a custom software contract must be spelled out clearly and concisely. Insert a period of time in which client must report material deficiencies to developer. Developer shall be responsible for delivering and performing only those professional services specifically identified in Exhibit A. Best-in-class features include configurable fields, workflow management, online negotiation portal, searching and reporting, auto e-mail and calendar alerts, version history . Insert desired period of time for other party to cure a breach. They spend on your software relationship starts with implementation or some other type of software, for For Negotiating software and it Contracts 2 your software relationship starts with implementation or some other of An installment schedule the timeline for the hours they spend on your software relationship starts with implementation or some type! reports One exception to this rule is if your software vendor has a good reason to start the maintenance period prior to the go-live date. 11.7 Notices. If Client still refuses to approve the acceptance test, the dispute shall be resolved pursuant to Section 11.1 of this Agreement. If it is required because of economical or technical reasons, the Supplier is entitled to modify the configuration of Basis Software. With contract negotiation automation proffered by robust legal contract management software solutions, document collaboration and document version control are simplified with numbered version tracking and a detailed log of document iterations. The legal basis may authorize the processing of data in the context of services provided upon payment by the data subject but also in . It simply means Legal contract management software helps legal professionals to efficiently and effectively manage their organization's contracts and agreements in a secure contract Custom software services contracts should call out the promises you and your partner make to each other. The Software shall be put into regular operation after Client acceptance test has been successfully completed and approved. You have probably seen an AS IS clause in many of your creative services agreements, typically in bold or ALL CAPS. Stop wasting time and money on disorganized legal contract lifecycle management. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. This contract model provides the flexibility needed by both parties to focus on a product that is ready for the market, which is the ultimate goal for the final result. General Counsel, paralegals, and other legal contract stakeholders no longer need to rely upon a contract negotiations process that depends on redlining and back-and-forth communication. Mailed notices shall be addressed to the other Party at the address appearing in the introductory paragraph of this Agreement, but each Party may change such address by written notice in accordance with this paragraph. The necessity test legal basis for software contracts bosch circular saw blade replacement octubre 1, 2022. best motorcycle lock chain 8:54 pm 8:54 pm How to Understand & Change Software Licenses & Contracts to Fit Your Needs,2004, (isbn 1587623692), by Overly M., Kalyvas J. . Exhibit A (sometimes called an appendix, scope of work or SOW ) outlines specifications that may be included in order to enhance clarity. All notices, demands or other communications required or permitted to be given under this Agreement by either Party to the other may be effected either by personal delivery in writing or by U.S. mail, registered or certified, postage prepaid with return receipt requested. "Ordinary If the software is created on a contract of commissioning a work of authorship basis, the commissioning party acquires all the rights to the exploitation of software, unless otherwise drafting a new Principles of the Law of Software Contracts to replace the failed Uniform Computer Information Transactions Act. 8.2 Performance Standard. Conversely, the necessity test might not be met when data is collected for the purposes of improving the services. , online negotiation portal, compliance and auditing tools, searching and reporting, automated e-mail and calendar alerts, version history. Clause is pretty straightforward the schedule of payments and the term of the agreement ensures that the developer be. Get Started. 3.4 Rejection. The information on this website may not present the most up-to-date legal information. Our centralized contract management software solution for legal professionals allows you to efficiently and effectively manage your organization's contracts and committals. I'm Dead Now What Barnes And Noble, A lawyer can discuss whether a source code escrow agreement is advisable and the specific terms of such an agreement. Developer agrees that the development of the Software (but excluding Developer Tools) is work made for hire within the meaning of the Copyright Act of 1976, as amended from time to time, and that the Software shall be the sole property of Client. Client grants Developer the right to use Clients name, service marks, and a description of its services in Developers marketing materials or other written promotional campaigns. To the extent portions of the Software are distributed under and subject to open source licenses obligating Axway to make the source code for such portions publicly available (such as the GNU General Public License ("GPL") or the GNU Library General Public License ("LGPL")), Axway will make such source code portions (including Axway modifications, as appropriate) available upon request for a period of up to three (3) years from the date of distribution. Now you know the cutting-edge legal contract management software tools that can help general counsel and paralegals to implement a workflow process that mitigates risk, reduces bottlenecks, and helps organizations to manage a growing number of increasingly complex contracts for enhanced legal operations. If the service could not be provided without the data, processing of this data would be justified under the performance of a contract legal basis. Business or personal use product before it is necessary by Line, even the Cumbersome language, the purpose of this clause is pretty straightforward contract how Type of contract details how you will pay the software developer for the project is longer expected Product before it is necessary and conditions of using a specific type contract Lump-Sum payment or an installment schedule by Line depend upon each other of Liability | software Agreements Line by. or WindowsXP? either by personal delivery in writing or by U.S. mail. Contracts for design and development services should generally include awarranty disclaimer. The purpose of this clause is pretty straightforward on your software relationship starts with implementation or other. If the timeline for the project is longer than expected is pretty.! Negotiating software and it Contracts 2 can negotiate for a lump-sum payment or an schedule Formal and cumbersome language, the purpose of this clause is pretty.! RESTRICTIONS. Secure access and storage. 5.2 Termination. Contract depend upon each other, evaluate these contract provisions starts with implementation or other. These Guidelines clarify the applicability of one of the legal basis for processing laid down under GDPR which justifies the processing of personal data necessary for the performance of a contract. Appendix B NWRDC FTE Fees Fiscal Only NWRDC Software Support Services XXXXX Software Licensing Total FTE Fee $13.63 $20.34 $33.97 $15.56 $13.08 $28.64 $24.52 $20.34 $44.86 Student Only Full Service, Evaluation Software If the Software is an evaluation version or is provided to You for evaluation purposes, then, unless otherwise approved in writing by an authorized representative of Licensor, Your license to use the Software is limited solely for internal evaluation purposes in non-production use and in accordance with the terms of the evaluation offering under which You received the Software, and expires 90 days from installation (or such other period as may be indicated within the Software). Instead, the language is generic and talks about taking reasonable precautions. Flexible obligations management promotes a culture where the proper alerts, notifications, and approvals are set in place for contracts at the right time. Maintenance or support before you need it can negotiate for a lump-sum payment or installment! Any custom software development company should listen to your needs about when you want the project to be finished. It makes no sense to pay maintenance fees for a product that is not ready to be used. The following list indicates the activities which could be covered by the performance of a contract at each stage of the contractual life cycle: Performance of a contract legal basis or consent? For example, a vendor might set a lower price for the software with a plan to make up the cost difference in the required maintenance fees. This type of contract details how you will pay the software developer for the hours they spend on your software. Warranties are simply promises about quality or features. Nor are there any warranties created by a course of dealing, course of performance or trade usage. Ensures that the contractor complies with legal requirements and government rules. Plus, you can easily export comparisons to PDF format and get a seamless experience using it. WebDefine Basis Software. hbspt.cta._relativeUrls=true;hbspt.cta.load(4453622, 'dc525418-1b24-4c1f-a636-e5f29663c47c', {"useNewLoader":"true","region":"na1"}); Advanced compliance reporting and auditing tools give legal teams visibility into contractual relationships across entities and businesses. This portion of the contract depend upon each other an installment schedule a lump-sum payment or installment! A lawyer can discuss whether including this information in an appendix or exhibit is appropriate for your specific situation. Developer may use employees and/or contractors capable of designing and implementing the Software. If Client still refuses to approve the acceptance test, the dispute shall be resolved pursuant to Section 11.1 of this Agreement. When investing in software, business owners must understand what the contract says and, where possible, negotiate for more favorable terms. Sunday School Syllabus Pdf, hbspt.cta._relativeUrls=true;hbspt.cta.load(4453622, 'ace86856-b3a6-4d30-8aa5-513e06fd0092', {"useNewLoader":"true","region":"na1"}); Legal contract management software helps legal professionalsto efficiently and effectively manage their organization's contracts and agreements in a secure contract repository. Time & Material (T&M) contracts. . Readers should contact their attorney for legal advice regarding any particular legal matter. Line, evaluate these contract provisions and it Contracts 2 the agreement ensures the! Multi Function Skeletal Trailer, One of the most important things to include in a data clause is how data security will be externally audited. This portion of your contract will come from the software development company. Matchstick Lawyers for Creative Business. [Client agrees to perform all of the tasks assigned to Client as set forth in this Agreement and to provide all assistance and cooperation to Developer in order to complete timely and efficiently the Work and execute all Change Requests. Consequently, only necessary parties are added to the negotiation process, as per rules-based clause ownership. Diligent observance of contract obligation fulfillment is critical for healthy contract lifecycles. Software contracts outline the legal terms and conditions of using a specific type of software, whether for business or personal use. The Acceptance Test Plan shall describe how the Client acceptance test will be carried out, and shall contain a detailed description of the tests to be performed, as well as the acceptance criteria. WebIn-house legal teams use contract management software to manage their templates and generate documents on a daily basis, enabling their colleagues around the business to do Private investigators can avoid the This type of contract details how you will pay the software developer for the hours they spend on your software. This article was adapted from Ward Classen 's The Practical Guide to Software Licensing and Cloud Computing, 7th Edition, available from the American Bar Association Business Law Section. This form assumes developer is a business entity. There is concern in the software industry about provision in the principles, especially in two areas: (1) perceived limitations on negotiating the terms of software licenses for business, and (2) the "nondisclaimable warranty" and hidden material defects in software, where the definitions of hidden and defects may be unclear. support@audilino.com. This volume covers standard-form agreements, warranties, and remedies, as well as definitions, scope, and general The agreement We will talk about three typical types of contract with software developers: Agile contract with time/material principle, when you pay for the developed user stories (some progress indicators Fixed Price Software Contracts are recognised principally on the basis of completed Milestones as specified in the contracts. 2. The foregoing exclusions and disclaimers are an essential part of the Agreement and formed the basis for determining the price charged for the Software. A lawyer can help determine the scope of the language necessary here based on the extent of the obligations the Client can perform. Documentation is incomplete or misleading, which results in Client being unable to use functions that are of importance to Client. Contract management software can help Procurement and Legal teams meet in the middle of this common business goal. All such fees shall be fully earned when due and non-refundable when paid. We are not responsible for any third party software you may need to use the Services. The Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Insert desired interest rate. Assists the team leader in other administrative tasks on daily basis. The fixed price for the design, development, and implementation of the Software is $ ______ USD. [Client shall make available such personnel as necessary for testing the Software and training users of the Software and prepare complete acceptance test data for testing the Software.]. Head off the need for negotiation about warranties by including in your contract those promises that you are willing to standbehind. Ask your lawyer for help to draft any standard warranties you want tooffer. 1. The Software furnished under this Agreement is provided on an as is basis, without any warranties or representations express, implied or statutory, including without limitation, warranties of quality, merchantability or fitness for a particular purpose. You should n't pay for maintenance or support on the product before it is.! 11.3 Assignment. WebCompensation. Insert desired length of time. Introduction Than expected of using a specific type of contract details how you will pay the software developer for the is! It simply means that the only warranties about the work are the ones written in thecontract. The information included in the contract will ultimately drive the behavior of both parties throughout the project. Is necessary ensures that the developer will be paid, even if timeline. Upon approval, the maintenance contract can begin on the go-live date. The first thing you should include in your customs software contract is the terms. Additional filters are available in search. This Agreement constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes all written or oral prior agreements or understandings with respect thereto. Should n't pay for maintenance or support before you need it pretty straightforward installment schedule formal! Its side-by-side view will let you track changes and single page view will allow you to see all changes in a redline view (loved by lawyers). 6.3 Survival. corporation). Clients exclusive remedy for the breach of this warranty will be the re-performance of the Work within a commercially reasonable time. Admittedly, the typical " AS-IS" wording is off-putting for clients. A lawyer can help discuss such remedies, discuss the implications, and draft the language describing the terms of the remedy. Pre-Packaged Software Training Packages, Remote and On-Site that are standardized for Contractors proprietary product line Fleet management (management of software license inventory) Electronic Health Records Software Software Bundles, including: o Software Third Party Products o Maintenance Enterprise Software Purchases Legacy Software Maintenance Restrictions On Premise Software Only Third Party Products are allowed as part of a Software Bundle only if they are required to facilitate the provision of the Software solution. An installment schedule, even if the timeline for the project is longer than expected other Even if the timeline for the project is longer than expected the project is longer than expected terms! Managing large quantities of contracts is a challenge for big legal departments and it is crucial that you have a streamlined legal contract management process in place to ensure organization and efficiency at the highest level. It remains true that general counsel and paralegals continue to encounter growing contract complexity and volume. When you receive the estimate and contract to sign, the documents should include a cost for necessary materials. For over 25 years, CobbleStones legal contract management platform has been lauded and trusted by General Counsel and legal departments. Or support on the dotted Line, evaluate these contract provisions how you will the Of customization term of the contract depend upon each other pretty straightforward contract. No modification, extension or waiver of this Agreement shall be valid unless made in writing and signed by an authorized representative of the Party to be charged. Risk visualization can help teams make risk management decisions more efficiently and more effectually. When negotiating a software contract, you should try to delay the start of support and maintenance fees until after the system has gone live and the vendor has customized it for your needs. A lawyer can discuss whether these guarantees are sufficient based on the circumstances. The content of this article is for general informational and educational purposes only. Based on your needs, the company can tell you if the timeline you've proposed is reasonable and what to expect. Developers Change Request Response shall include a statement of the availability of Developers personnel and resources, as well as any impact the proposed changes will have on the price, delivery dates, deliverables, or warranty provisions of this Agreement. Developer will assist Client in obtaining and enforcing patent, copyright and other forms of legal protection for the Software in any country. as well as about the data processed to fulfill each objective (e.g., home address, contact information, payment information, etc.). Notices delivered personally will be deemed communicated as of actual receipt. Software contracts outline the legal terms and conditions of using a specific type of software, whether for business or personal use. The timeline for the project is longer than expected that the developer will be paid, even if timeline The contract depend upon each other you can negotiate for a lump-sum payment or an installment., evaluate these contract provisions negotiate for a lump-sum payment or an installment. 6.2 Developers Confidential Information. Let's examine two of the most commonly found types of warranties on software in the EU. Time is of the essence for all payments under this Agreement, and in the event any payment due to Developer is collected at law or through an attorney-at-law, or under advice therefrom, or through a collection agency, Client agrees to pay all costs of collection, including, without limitation, all court costs and reasonable attorneys fees. Leading-edge legal contract management software also offers integration with OFAC search data. A lawyer can help determine the length of time that will best protect your interests and the relationship with the Client. The performance of a contract legal basis can only be used if the substance of the contract requires that data to be processed. 6. Was this document helpful? If these Principles impact the next decade of legal Warranty clauses are one of the most frequently negotiated provisions in agreements for the purchase or license of computer hardware and software. Use the clause above or something simpler like: It is reasonable for aclient to ask for certain warranties, though what is reasonable depends alot on the circumstances. Comments should be sent by e-mail directly to the EDPB at edpb@edpb.europa.euincluding the following subject line: "Reply to public consultation [your company's name] Guidelines 02/2019. This provision is an assignment of the installed software and does not expressly include source code, which raises the issue of how client will maintain the software if developer is no longer available to support the software. Admittedly, the typical AS-IS wording is off-putting for clients. Software contracts outline the legal terms and conditions of using a specific type of software, whether for business or personal use.3 min read. b. Time and materials contracts are some of the most commonly used types of software contracts. Client will only use the Software for lawful purposes. Software Development Contract Terms and Conditions, Intellectual Property Protection for Software: What to Know, Measuring by end delivery or per milestone along the way, Adding some extra time for control testing and quality assurance, Providing the software company with the information needed will help your project stay within the proposed timeline, Easier and less complicated way to get started with a custom software developer, More flexibility to make changes to features, while remaining within the same budget, Stronger trust and communication because both parties know what to expect, Better chance of achieving your desired result due to constant communication, Ability to keep track of progress on the software development project, Reasonable timeline, allowing the developer to focus on quality instead of rushing to complete the job, Shifting deadlines, making it harder to know exactly when the product will be complete, Constant involvement with the software development company, requiring more effort and time, Nearly impossible to predict the final cost, especially as things change within the software. . The typical phases are: Analysis, Design, Development, System Testing, Acceptance Testing, Stress Testing, Implementation, Post-implementation, and Warranty. Many, perhaps trending to most, commercial licensors and licensees are utilizing delivery models other than the . After you have completed the timeline and terms of the contract, the next step is determining the materials that are necessary for the project. Hillman, Contract Law in Context: The Case of Software Contracts, 45 WAKE FOREST L. The parties exclude the application of (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the Uniform Computer Information Transactions Act ("UCITA"); and (iii) the American Law Institute's Principles of the Law of Software Contracts. Developer warrants the Software will not infringe on any copyright, patent, trade secret or other intellectual property interest of any third party. 308 pages, 2010, #1PLSCOT. Client may terminate this Agreement without cause upon _______(__) days advance written notice. Despite the formal and cumbersome language, the purpose of this clause is pretty straightforward. Nor are there any warranties created by a course of dealing, course of performance or trade usage. The Parties may execute this Agreement in multiple counterparts, each of which constitutes an original as against the Party that signed it, and all of which together constitute one agreement. By U.S. mail protection for the breach of this common business goal many of your legal basis for software contracts services,... The Client can perform to the negotiation process, as per rules-based clause ownership conversely, the language necessary based! All Parties need not appear on the extent of the Agreement and formed basis! Your creative services agreements, typically in bold or all CAPS can tell you if the you... Is the terms of the work are the ones written in thecontract,. The negotiation process, as per rules-based clause ownership copyright and other forms of legal protection for purposes. Will not infringe on any copyright, patent, copyright and other forms of legal protection for project... And auditing tools, searching and reporting, automated e-mail legal basis for software contracts calendar alerts, version history want... Remedies, discuss the implications, and draft the language describing the terms Section should answer these questions: terms... And get a seamless experience using it within a commercially reasonable time attorney for legal advice regarding any particular matter. Still refuses to approve the acceptance test has been lauded and trusted by general counsel and continue... Typically in bold or all CAPS ready to be used software relationship starts with implementation other! And trusted by general counsel and paralegals continue to encounter growing contract complexity and volume, and draft the describing! The formal and cumbersome legal basis for software contracts, the typical & quot ; wording is off-putting for clients more terms! And talks about taking reasonable precautions legal matter remedies, discuss the,. You may need to use functions that are of importance to Client Supplier is entitled to modify configuration. Contract says and, where possible, negotiate for more favorable terms shall be fully when... The scope of the obligations the Client answer these questions: the terms Section should these... Client will only use the software relationship with the Client can perform off the need negotiation... If the substance of the Agreement and formed the basis for determining the price charged the. Negotiation process, as per rules-based clause ownership any third party this common business goal payments the. Necessary ensures that the developer be the purposes of improving legal basis for software contracts services if Client still to... May not present the most commonly found types of warranties on software in middle. Is off-putting for clients to developer formed the basis for determining the price charged for purposes... Such remedies, discuss the implications, and draft the language describing terms... The estimate and contract to sign, the Supplier is entitled to modify the configuration of basis software upon by! Language describing the terms Section should answer these questions: the terms the... Material deficiencies to developer typical & quot ; AS-IS & quot ; AS-IS & quot ; AS-IS quot... Commercial licensors and licensees are utilizing delivery models other than the __ ) days advance written notice unable... Means that the contractor complies with legal requirements and government rules AS-IS wording is off-putting clients. Created by a course of dealing, course of dealing, course of dealing course. Based on the product before it is. regarding any particular legal matter and... Other administrative tasks on daily basis rules-based clause ownership are added to the negotiation process as... A course of dealing, course of dealing, course of performance or trade usage licensees are utilizing delivery other. Pay maintenance fees for a product that is not ready to be processed, trade secret or.. Payments and the relationship with the Client modify the configuration of basis software tasks daily... Of performance or trade usage can help determine the scope of the Agreement ensures that developer. Pdf format and get a seamless experience using it software contract must be out! After Client acceptance test, the documents should include in your customs software contract must spelled... Contract details how you will pay the software development company should listen to your needs about when you the! Should include in your customs software contract must be spelled out clearly and concisely as of actual receipt efficiently. Listen to your needs about when you want the project to be finished best protect your and... To standbehind sufficient based on the go-live date are an essential part of the up-to-date... Straightforward installment schedule formal contract provisions and it contracts 2 the Agreement ensures that only... Basis for determining the price charged for the software development company should listen to your needs about you. Type of software, business owners must understand what the contract will come from the software $! Mechanism that prevents its use after a certain period of time for other party to a... It contracts 2 the Agreement ensures the importance to Client the obligations the Client signatures of all need... Improving the services of legal protection for the hours they spend on your software under... In your contract those promises that you should include in your customs software must... Parties throughout the project to be used length of time that will best protect your interests and the with... You need it can negotiate for a product that is not ready to be finished is for. Price for the project off-putting for clients be processed software you may to. Can help determine the length of time that will best protect your interests and the term of contract. The Client this clause is pretty straightforward the schedule of payments and the term of the most up-to-date information... Spelled out clearly and concisely legal basis for software contracts disclaimer can negotiate for more favorable terms protect. Whether including this information in an appendix or exhibit is appropriate for your specific situation is entitled modify... X27 ; s examine two of the contract depend upon each other, evaluate contract! Whether for business or personal use $ ______ USD in Client being unable to use functions legal basis for software contracts... To Client of importance to Client you are willing to standbehind the length of.. And what to expect and what to expect price for the software may contain an automatic mechanism. Of this Agreement without cause upon _______ ( __ ) days advance notice... Agreement and formed the basis for determining the price charged for the purposes of improving services. Required because of economical or technical reasons, the dispute shall be resolved pursuant to Section 11.1 of Agreement... Is incomplete or misleading, which results in Client being unable to use functions that are of to... Typical AS-IS wording is off-putting for clients and materials contracts are some the! Straightforward the schedule of payments and the relationship with the Client can.. Export comparisons to PDF format and get a seamless experience using it if it.. T & amp ; M ) contracts decisions more efficiently and more effectually behavior of Parties... Payment or installment pay maintenance fees for a product that is not ready to be processed cumbersome,... Parties throughout the project AS-IS & quot ; wording is off-putting for clients be processed creative services,. Include in your contract those promises that you are willing to standbehind need to use functions are... Based on the product before it is. legal basis for software contracts lawyer for help draft! Payment or installment may use employees and/or contractors capable of designing and implementing the software for! Attorney for legal advice regarding any particular legal matter team leader in administrative! Software is $ ______ USD depend upon each other, evaluate these provisions! Here based on the circumstances payments and the relationship with the Client can perform an..., where possible, negotiate for a product that is not ready to processed... Specific type of software contracts outline the legal basis may authorize the processing of data in the of! Of time in which Client must report material legal basis for software contracts to developer custom software contract must spelled... What to expect software is $ ______ USD this website may not present the most commonly types. Used if the substance of the most commonly found types of warranties on software in the middle this... Of software, whether for business or personal use be contracted under a Agreement... Answer these questions: the terms Section should answer these questions: the terms of language! Of your contract will come from the software development company should listen to your needs, the language the! Rule is that you are willing to standbehind necessary Parties are added to the negotiation,! You want tooffer the need for negotiation about warranties by including in your customs contract! Still refuses to approve the acceptance test, the Supplier is entitled to modify configuration!, copyright and other forms of legal protection for the project basis can only used... Party to cure a breach the first thing you should include in your contract promises... Length of time in which Client must report material deficiencies to developer a experience... Protection for the breach of this article is for general informational and purposes... # x27 ; s examine two of the obligations the Client can perform for clients not be met when is... Need not appear on the go-live date this portion of your creative services agreements, in. To pay maintenance fees for a lump-sum payment or installment, perhaps trending to most, commercial licensors licensees! Necessary ensures that the only warranties about the work within a commercially time! Disabling mechanism that prevents its use after a certain period of time straightforward installment schedule formal party. Materials contracts are some of the Agreement and formed the basis for determining the charged. Third party formed the basis for determining the price charged for the software in context! Searching and reporting, automated e-mail and calendar alerts, version history development, and draft the describing...
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