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2.1.1 No License Granted; Unauthorized Activities. The parties acknowledge and agree that, notwithstanding everything to the contrary on this Agreement, no license is granted whether expressly, by implication or elsewhere under this Agreement which Agreement expressly excludes any right a to Excluded Materials, b to your Autodesk Materials that Licensee didn't acquire lawfully or that Licensee acquired in violation of maybe in a manner inconsistent using this type of Agreement, c for Installation of or Access on the Licensed Materials in the evening applicable license term whether a limited term or Relationship Program period or term or outside the scope on the applicable License Type or Permitted Number, d for Installation with the Licensed Materials on any Computer apart from a Computer owned or leased, and controlled, by Licensee, unless otherwise authorized written by Autodesk, e to distribute, rent, loan, lease, sell, sublicense, transfer you aren't provide all or any portion from the Autodesk Ma
2.1.2 Licensed Materials as being a Single Product. The Licensed Materials are licensed to Licensee to be a single product as well as the applicable components will not be separated for Installation or Access and all of such components have to be Installed and Accessed on a single Computer except as authorized in making by Autodesk.
2.1.3 Territory. Except as otherwise authorized in making by Autodesk, the licenses granted with this Agreement are granted exclusively for the Territory. Nothing on this Agreement permits Licensee including, without limitation, LicenseeР В РІР‚ВВВВВВВs Personnel, if any to Install or Access the Licensed Materials outside from the Territory.
2.1.4 Effect of Unauthorized Use. Licensee will never engage in, and won't permit or assist any vacation to embark on any on the uses or activities prohibited or any uses or activities inconsistent together with the limitations described in this particular Section 2.1 Limitations and Exclusions collectively, Р В РІР‚ВВВВВВВUnauthorized UsesР В Р’В Р РвР
2.2.1 Licensee might not i utilize any equipment, device, software, and other means to or built to circumvent or remove any kind of technical protection employed by Autodesk in connection together with the Autodesk Materials, or ii Install or Access the Autodesk Materials with any product code, authorization code, serial number, or some other copy-protection device not provided by Autodesk directly or by way of a Reseller. Without limitation from the generality with the foregoing, Licensee might not exactly utilize any equipment, device, software, or some other means to or made to circumvent or take off the Autodesk License Manager or any tool or technical protection measure provided or offered by Autodesk for managing, monitoring or controlling Installation of or Access to Autodesk Materials.
2.2.2 Licensee would possibly not utilize any equipment, device, software, or another means to or meant to circumvent or remove any usage restrictions, or even enable functionality disabled by Autodesk, in connection together with the Excluded Materials. Licensee may well not bypass or delete any functionality or technical limitations from the Autodesk Materials that or that are meant to prevent or inhibit the unauthorized copying of, Installation or Access towards the Excluded Materials.
Autodesk and it is licensors retain title to and ownership of, and other rights regarding, the Autodesk Materials and copies thereof, including, without limitation, any related copyrights, trademarks, trade secrets, patents, as well as other intellectual property rights. Licensee merely has the limited licenses granted regarding the Licensed Materials expressly set forth with this Agreement, and Licensee doesn't have any other rights, implied or else. Licensee acknowledges and agrees the Autodesk Materials are licensed, not sold, knowning that rights to Install and Access the Licensed Materials are acquired only in the license from Autodesk. The structure and organization of Software contained in the Autodesk Materials, any source code or similar materials associated with such Software, any API Information and Development Materials both as described in Section 1.11 APIs, as well as any other Licensed Materials recognized as confidential or proprietary are valuable trade tricks of, and confid
4. Privacy; Use of Information; Connectivity
4.1 Privacy and Use of Information. Licensee acknowledges and agrees that Licensee and businesses acting on LicenseeР В РІР‚ВВВВВВВs behalf may provide, and Autodesk and it is Resellers and organizations acting for Autodesk as well as its Resellers may obtain, certain information and data for Licensee including, without limitation, sensitive information and LicenseeР В Р’В РВВВ
4.2 Connectivity. Certain Licensed Materials may facilitate or require LicenseeР В РІР‚ВВВВВВВs access to and rehearse of content and services which are hosted online maintained by Autodesk or by businesses. In some cases, such content and services can take place to be a feature or function within, or extension of, the Licensed Materials on LicenseeР В Р’В Р РВВ
5. Limited Warranty and Disclaimers
5.1 Limited Warranty. Autodesk warrants that, as in the date on what the Licensed Materials are transported to Licensee and then for ninety 3 months thereafter or in the event the license term is shorter, such shorter period Р В РІР‚ВВВВВВВWarranty PeriodР В РІРвРвРв
5.2 Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 5.1 LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUTODESK AND ITS SUPPLIERS MAKE, AND LICENSEE RECEIVES, NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, OR WARRANTIES OTHERWISE IMPLIED BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO ANY AUTODESK MATERIALS, RELATIONSHIP PROGRAMS, OR SERVICES PURSUANT TO A RELATIONSHIP PROGRAM OR OTHERWISE. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE AUTODESK MATERIALS, RELATIONSHIP PROGRAMS OR SERVICES AND THEIR FEATURES OR FUNCTIONALITY IN THE LICENSED MATERIALS OR ANY COMMUNICATION WITH LICENSEE ARE FOR INFORMATION PURPOSES ONLY, AND DO NOT CONSTITUTE A WARRANTY, REPRESENTATION, OR CONDITION. WITHOUT LIMITING THE FOREGOING, AUTODESK DOES NOT WARRANT: a THAT THE OPERATIO
6.1 Functionality Limitations. The Licensed Materials and Services apart from Licensed Materials made for non-commercial use, for example Autodesk Materials made to be used for household or any other consumer purposes or licensed just for purposes of educational or individual learning are commercial professional tools intended to be employed by trained professionals only. Particularly within the case of economic professional use, the Licensed Materials and Services will not be a substitute for LicenseeР В РІР‚ВВВВВВВs professional judgment or independent testing. The L
6.2 Activation Codes and Security.
6.2.1 Activation Code Required for Installation/Access and Continued Use. Installation of and Access to your Licensed Materials require, and also the continued use thereof may every now and then require, activation codes issued by Autodesk. Registration are usually necesary before an activation code is distributed by Autodesk. Licensee will supply Autodesk and it is Reseller with any information needed for such registration and agrees that any information offered to Autodesk or its Reseller are going to be accurate and current. Licensee will likely maintain increase LicenseeР В РІР‚ВВВР
6.2.2 Disabling Access. LICENSEE ACKNOWLEDGES AND AGREES THAT INSTALLATION OF AND ACCESS TO LICENSED MATERIALS MAY BE DISABLED BY THE ACTIVATION, SECURITY, AND TECHNICAL PROTECTION MECHANISMS IF LICENSEE TRIES TO TRANSFER ALL OR A PART OF THE LICENSED MATERIALS TO ANOTHER COMPUTER, IF LICENSEE TAMPERS WITH THE TECHNICAL PROTECTION MECHANISMS OR DATE-SETTING MECHANISMS ON A COMPUTER OR IN THE LICENSED MATERIALS, IF LICENSEE USES THE LICENSED MATERIALS PAST AN APPLICABLE RELATIONSHIP PROGRAM PERIOD OR FIXED TERM, OR IF LICENSEE UNDERTAKES CERTAIN OTHER ACTIONS THAT AFFECT THE SECURITY MODE OR UNDER OTHER CIRCUMSTANCES AND THAT, IN ANY SUCH EVENT, LICENSEEР В РІРвЂРР
6.2.3 Effect of Activation Codes. Licensee acknowledges and agrees that receipt associated with an activation code whether or not made available to Licensee in error will never constitute evidence or customize the scope of LicenseeР В РІР‚ВВВВВВВs license rights. Those rights will likely be only as set forth on this Agreement along with the applicable License Identification.
6.3 Affected Data. Work product along with data designed with Licensed Materials delivered under certain License Types, including licenses that limit the permitted purpose to educational purposes or personal learning purposes, might have certain notices and limitations which will make the work product and also other data usable only in some circumstances, only inside education field. In addition, if Licensee combines or links work product or some other data made up of such Licensed Materials with work product or any other data otherwise created, then such other work product or data are often affected by these notices and limitations. Autodesk may have no responsibility or liability whatsoever if Licensee combines or links work product or any other data manufactured with such Licensed Materials with work product or some other data otherwise created. In addition, Licensee will not likely remove, alter or obscure such a notices or limitations.
7. Limitations of Liability
7.1 Limitation on Type and Amount of Liability. IN NO EVENT WILL AUTODESK OR ITS SUPPLIERS HAVE ANY LIABILITY DIRECTLY OR INDIRECTLY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, USE, REVENUE, OR DATA; OR FOR BUSINESS INTERRUPTION REGARDLESS OF THE LEGAL THEORY FOR SEEKING SUCH DAMAGES OR OTHER LIABILITY. IN ADDITION, THE LIABILITY OF AUTODESK AND ITS SUPPLIERS ARISING OUT OF OR RELATING TO ANY AUTODESK MATERIALS, RELATIONSHIP PROGRAMS OR SERVICES WILL NOT EXCEED THE AMOUNT PAID OR PAYABLE BY LICENSEE FOR SUCH AUTODESK MATERIALS, RELATIONSHIP PROGRAMS, OR SERVICES, RESPECTIVELY.
7.2 Application of and Basis for Limitations. THE LIMITATIONS OF LIABILITY IN THIS SECTION 7 LIMITATIONS OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TO ANY DAMAGES OR OTHER LIABILITY, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE, EVEN IF AUTODESK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND REGARDLESS OF WHETHER THE LIMITED REMEDIES AVAILABLE HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE. ALSO, LICENSEE AGREES THAT THE LICENSE, RELATIONSHIP PROGRAMS AND SERVICES FEES AND OTHER FEES CHARGED BY AUTODESK AND PAID BY LICENSEE ARE BASED ON AND REFLECTIVE OF THE ALLOCATION OF RISK CONTEMPLATED BY THIS SECTION 7 LIMITATIONS OF LIABILITY AND THAT THE LIABILITY LIMITATIONS IN THIS SECTION 7 LIMITATIONS OF LIABILITY ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES.
8.1 Term; Termination or Suspension. Each license under this Agreement, regarding each specific number of Licensed Materials protected by this Agreement, can be effective as with the latest to take place of: a this Agreement becoming effective, b payment by Licensee in the applicable fees, excluding licenses like evaluation licenses where no fees are expected, c delivery with the specific Licensed Materials, and d inside the case of Autodesk Materials provided regarding the a Relationship Program, upon commencement with the applicable Relationship Program period or fixed term. Each of Autodesk or Licensee may terminate this Agreement, LicenseeР В РІРвЂСввЂ
Licensee acknowledges and agrees that Autodesk may assign or sub-contract any one its rights or obligations under this Agreement.
8.2 Effect of Termination of Agreement or License. Upon termination or expiration in this Agreement, the licenses granted hereunder will terminate. Upon termination or expiration associated with a license granted to Licensee, Licensee must cease all by using Autodesk Materials this agreement such license applies, any Relationship Program including, without limitation, associated services, and then any Services and Uninstall all copies on the Autodesk Materials. At AutodeskР В РІР‚ВВВВВВВs request, Licensee agrees to destroy or go back to Autodesk or even the Reseller from where they were
8.3 Survival. Sections 1.3 Additional Terms, 1.4 Other Materials, 1.5 Authorized Users, 1.6 Third-Party Licensed Materials, 1.11 APIs, 2.1.1 No License Granted;Unauthorized Activities, 2.1.4 Effect of Unauthorized Use, 2.2 Circumvention, 3 All Rights Reserved, 4 Privacy; Use of Information; Connectivity, 5.2 Disclaimer, 6 Warnings, 7 Limitations of Liability, 8 Term and Termination, and 9 General Provisions and Exhibit A will survive any termination or expiration on this Agreement.
9.1 Notices. Notices in connection using this Agreement by either party will be in some recoverable format and will likely be sent by email, postal service, or maybe a delivery service like UPS, FedEx or DHL, but Licensee would possibly not provide notice to Autodesk of your Autodesk breach or provide notice of termination in this Agreement by e-mail. Notices from Autodesk to Licensee will likely be effective a inside the case of notices by email, one 24 hours after sending towards the email address made available to Autodesk, or b within the case of notices by mail or delivery service, five 5 days after sending by regular post or delivery service for the address offered to Autodesk. Licensee hereby consents to service of process being effected on Licensee by registered mail sent to your address set forth on LicenseeР В Р’В Р РВ
9.2 Governing Law and Jurisdiction. This Agreement will probably be governed by and construed as outlined by the laws of any Switzerland if Licensee acquired the Autodesk Materials in the country in Europe, Africa and the Middle East, b Singapore if Licensee acquired the Autodesk Materials within a country in Asia, Oceania or even the Asia-Pacific region, or c the State of California and, for the extent controlling, the federal laws in the United States if Licensee acquired the Autodesk Materials in a very country inside Americas such as the Caribbean or another country not specified in this particular Section 9.2 Governing Law and Jurisdiction. The laws of those jurisdictions shall govern without reference to your conflicts-of-laws rules thereof. The UN Convention on Contracts with the International Sale of Goods along with the Uniform Computer Information Transaction Act shall not sign up for and are excluded in the laws governing this Agreement. In addition, each party agrees that any claim, action or dispute arising under o
9.3 No Assignment; Insolvency. Licensee might not exactly assign this Agreement or any rights hereunder whether by acquiring stock or assets, merger, change of control, operation of law, or elsewhere without Autodesks prior written consent, which might be withheld in Autodesks sole and absolute discretion, and then for any unauthorized purported assignment by Licensee will probably be void. In the context of a typical bankruptcy or similar proceeding, Licensee acknowledges and agrees this Agreement is and will probably be treated being an executory contract that will not be assumed and/or assigned without Autodesks prior written consent, which consent can be withheld in Autodesks sole and absolute discretion whether pursuant to Section 365c1 of Title 11 on the United States Code or other applicable law respecting the treating executory contracts within bankruptcy. Any assignment regardless how or on the basis the assignment may occur will likely be conditioned on compliance using the following: a minimum of thirty thirty days before a
9.4 Autodesk Subsidiaries and Affiliates. Licensee acknowledges and agrees that Autodesk may arrange to own its subsidiaries and affiliates take part in activities in connection using this Agreement, including, without limitation, delivering Autodesk Materials and providing Relationship Programs and Services, providing Autodesk rather than such subsidiaries and affiliates will continue to be subject towards the obligations of Autodesk under this Agreement. Licensee also agrees that AutodeskР В РІР‚ВВВВВВВs subsidiaries and affiliates may enforce including taking actions for
9.5 Exceptions to Prohibitions; Severability.
9.5.1 Exceptions to Prohibitions. The prohibitions contained on this Agreement will not likely apply where and for the extent applicable law won't allow such prohibitions being enforced. Licensee could possibly have other rights in the laws from the state or country from the Territory the spot that the Licensed Materials are acquired, this also Agreement doesn't change LicenseeР В РІР‚ВВВВВВВs rights within the laws of those state or country if and on the extent the laws for these state or country will not permit this Agreement for this. Licensee will bear the load of proof to demons
9.5.2 Severability. If and to your extent any provision in this Agreement is held illegal, invalid, or unenforceable in whole or perhaps part under applicable law, such provision or such portion thereof is going to be ineffective as towards the jurisdiction in which it is unlawful, invalid, or unenforceable for the extent of the company's illegality, invalidity, or unenforceability and will probably be deemed modified for the extent essential to conform to applicable law so that you can give the maximum effect towards the intent on the parties. The illegality, invalidity, or unenforceability of these provision in this jurisdiction will never in any way change the legality, validity, or enforceability of these provision or another provision of the Agreement in almost any other jurisdiction.
9.6 No Waiver. No term or provision with this Agreement will likely be considered waived, with out breach excused, unless such waiver is on paper signed on behalf on the party against which the waiver is asserted. No waiver whether express or implied will constitute consent to, waiver of, or excuse of the other, different, or subsequent breach.
9.7 Audits. Licensee agrees that Autodesk has got the right to require an audit electronic or else of the Autodesk Materials plus the Installation thereof and Access thereto. As part of these audit, Autodesk or its authorized representative may have the right, on fifteen 15 daysР†prior notice to Licensee, to inspect LicenseeР В Р’В Р РР
9.8 Language. The English language version with this Agreement is legally binding in case of the inconsistencies between your English version and then translations. If Licensee purchased the license for your Licensed Materials in Canada, Licensee agrees towards the following: The parties hereto ensure that it is their wish this Agreement, along with other documents relating hereto, including notices, are already and will likely be written inside the English language only. Les parties ci-dessus confirment leur dцsir que cet accord ainsi que tous les documents, y com
9.9 Construction. Ambiguities within this Agreement will not likely be construed from the drafter.
9.10 Force Majeure. Autodesk will not likely be accountable for any loss, damage or penalty presented by delays or failures in performance as a result of acts of God, supplier delay or some other causes beyond AutodeskР В РІР‚ВВВВВВВs reasonable control.
9.11 Government Rights. For Government procurements, all Autodesk Materials are deemed being commercial software as defined in FAR 12.212 and be subject to restricted rights as defined in FAR Section 52.227-19 Р В РІР‚ВВВВВВВCommercial Computer Software - Restricted RightsР В Р’В Р Р†РВР
9.12 Export Control. Licensee acknowledges and agrees how the Autodesk Materials and Services including any data submitted by Licensee regarding the a Service and then for any Licensee-specific output generated with a Service are governed by compliance with United States along with other applicable country export control and trade sanctions laws, foibles, including, without limitation the regulations promulgated from the Department of Commerce as well as the Department on the Treasury collectively, Р В РІР‚ВВВВВВВExport Control LawsР В Р’ВВ
9.13 Entire Agreement. This Agreement and then other terms referenced with this Agreement like the Relationship Program Terms plus the Services Terms constitute your entire agreement involving the parties and merge and supersede any prior or contemporaneous agreements, discussions, communications, agreements, representations, warranties, advertising or understandings for the subject material hereof, other than particular Autodesk Materials can be subject to additional or different terms regarding such Autodesk Materials. The parties acknowledge that, in coming into this Agreement, they aren't relying on any agreements, discussions, communications, agreements, representations, warranties, advertising or understandings aside from as expressly set forth on this Agreement. Licensee acknowledges and agrees that Autodesk may add to or modify the Relationship Program Terms plus the Services Terms on occasion, provided Autodesk can provide written notice with the addit
This Section 10 Additional Terms applies to your following Software which will be included from the Licensed Materials: i Autodesk Maya; ii Autodesk Softimage; iii Autodesk 3ds Max; and iv Autodesk 3ds Max Design.
10.1.1 With regard to your Rendering Software defined below, in addition to your other license granted within this Agreement, Licensee may encourage the Rendering Software to become Installed or Accessed using a Networked Basis, solely for LicenseeР В РІР‚ВВВВВВВs Internal Business Needs, specifically to render files created together with the Software. However, when the Rendering Software is mental ray, as well as the Software is furnished with a finite quantity of mental ray rendering nodes, then regarding mental ray the foregoing is bound to that amount of mental ray rendering nodes.
10.1.2 With regard to your mental ray Batch Software defined below, in addition to the other license granted with this Agreement, Licensee may let the mental ray Batch Software for being Installed or Accessed with a Networked Basis, solely for LicenseeР В РІР‚ВВВВВВВs Internal Business Needs, and used i specifically to render files created together with the Software; or ii because of the Rendering Software specifically to render files created using the Software. The total volume of CPUs utilised by the mental ray Batch Software cannot exceed the phone number specified within the License Identifica
g distribution is be subject to a standard type of click-through end-user license agreement which license agreement, among other things:
1 protects Autodesks interests consistent together with the terms with this Agreement; and
2 prohibits the redistribution from the Redistributable Component;
h if your Redistributable Component operates using the Autodesk 3ds Max Software and/or Autodesk 3ds Max Design Software with Licensee Application then previous to reproduction and distribution with the Redistributable Component and Licensee Application all MIDI files have already been excluded on the Redistributable Component and Licensee Application; and
i Licensee agrees to guard, indemnify and hold harmless Autodesk and it is subsidiaries and affiliates from and against any and damages, costs, losses, liabilities, expenses and settlement amounts incurred regarding the any suit, claim or action by any alternative party alleging that this Redistributable Component and/or Licensee Application infringes or misappropriates any patent, copyrights, moral rights, trademark, trade secret and design rights, whether registered or unregistered, and including any application for registration of any with the foregoing and many types of rights or kinds of protections of the similar nature having equivalent or similar effect to your of these, which could subsist anywhere inside world, of such alternative.
1 Licensee Application means, with regard towards the Software, a Modification manufactured by Licensee for designing, developing, and testing a questionnaire program expressed by Licensee.
2 Modification means any: i addition for the substance of your Sample or any addition towards the substance on the contents of the file containing a Sample; ii any deletion in the structure of an Sample, or any deletion in the structure from the contents of your file containing a Sample; and/or iii any new file made up of any part of your Sample; these all, in AutodeskР В РІР‚ВВВВВВВs sole discretion, ensures the Sample isn't primary method to obtain value.
3 Redistributable Component means the Samples and/or possibly a Modification.
4 Samples means sample source code, or individual animations, still images, and/or audio tracks contained inside the Software, and located inside samples directory, the examples subdirectory, samples files or any similar type directory or file.
10.3 Additional Terms; Certain Softimage Materials. This Section 10.3 Additional Terms; Certain Softimage Materials applies on the following Software that could be included inside the Licensed Materials: i Autodesk Softimage Mod Tool software; and ii Autodesk Softimage Mod Tool Pro software.
10.3.1 Autodesk Softimage Mod Tool Software. In the event the Software is Autodesk Softimage Mod Tool Software then this applicable Exhibit B License Type is B. 4. Educational Stand-alone Individual License.
10.3.2 Autodesk Softimage Mod Tool Pro Software. In the event the Software is Autodesk Softimage Mod Tool Pro Software, then this applicable Exhibit B License Type is B. 1. Stand-alone Individual License, however, LicenseeР В РІР‚ВВВВВВВs Internal Business Needs are limited on the design, development and testing of the application program created to function while using Software for LicenseeР В Р’ВВВВВВ
11. Additional Terms: Quantity Take Off.
This Section 11 Additional Terms; Quantity Take Off applies for the Quantity Take Off Software that will be included inside Licensed Materials Р В РІР‚ВВВВВВВQTO SoftwareР В РІР‚РвЂР
11.1 The QTO Software is situated in part within the work from the Independent JPEG Group.
11.2 Portions with the QTO Software include Crystal Reports Runtime Software Р В РІР‚ВВВВВВВRuntime SoftwareР†licensed
a Licensee agrees not to ever alter disassemble, decompile, translate, adapt or reverse-engineer the Runtime Software or perhaps the report formatting;
b Licensee agrees to never distribute the Runtime Software with any general-purpose report writing, data analysis or report delivery product or some other product that performs the identical or similar functions as Business ObjectsІproduct offerings;
c Licensee agrees to never use the Runtime Software to produce for distribution a merchandise that is generally competitive with Business Objects product offerings;
d Licensee agrees not to ever use the Runtime Software to produce for distribution a merchandise that converts the report extendable to an alternative report file format made use of by any general-purpose report writing, data analysis or report delivery product that isn't the property of Business Objects; and
e Licensee agrees to never use the Crystal Reports Software over a rental or timesharing basis in order to operate a service bureau facility for your benefit of third-parties.
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