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Posted to server-user@james.apache.org by Edward Tan <ta...@gmail.com> on 2006/01/10 13:54:19 UTC

Does JavaMail licensing from SUN restrict James usage?

Hi,

I am concerned with Sun JavaMail licensing that restrict only to
evaluation purpose. And James uses JavaMail.

Does it mean that James can only be distributed without Javamail jar (mail.jar)?

Am I missing something?
Edward

quote from Sun:

2.2 Binary Code. Sun grants to Licensee, a
non-exclusive, non-transferable, royalty-free and
limited license to use the binary code portions of the
Licensed Software internally for the purposes of
evaluation only.

https://jsecom15b.sun.com/ECom/EComActionServlet/DownloadPage:~:com.sun.sunit.sdlc.content.DownloadPageInfo;jsessionid=2C496475DA352A33A848CF48DAC7DC12;jsessionid=2C496475DA352A33A848CF48DAC7DC12?viewLicenceId_6=

Pre-Release
Software Evaluation Agreement

SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE
THE PRE-RELEASE SOFTWARE IDENTIFIED BELOW TO LICENSEE
ONLY UPON THE CONDITION THAT LICENSEE ACCEPTS ALL OF
THE TERMS CONTAINED IN THIS LICENSE AGREEMENT
("AGREEMENT"). PLEASE READ THE TERMS AND CONDITIONS
OF THIS AGREEMENT CAREFULLY. BY DOWNLOADING OR
INSTALLING THIS SOFTWARE, LICENSEE ACCEPTS THE TERMS
AND CONDITIONS OF THIS LICENSE AGREEMENT. INDICATE
ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON AT THE
BOTTOM OF THIS AGREEMENT. IF LICENSEE IS NOT WILLING
TO BE BOUND BY ALL THE TERMS, SELECT THE "DECLINE"
BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE DOWNLOAD
OR INSTALL PROCESS WILL NOT CONTINUE.

1.0 DEFINITIONS

"Licensed Software" means the Java Mail 1.4 API
Interface Classes Early Access software in binary
and/or source code forms, any other machine readable
materials (including, but not limited to, libraries,
source files, header files, and data files) and any
user manuals, programming guides and other
documentation provided to Licensee by Sun under this
Agreement.

2.0 LIMITED LICENSE

2.1 Source Code. Sun grants to Licensee, a
non-exclusive, non-transferable, royalty-free and
limited license to view the source code portions of
the Licensed Software internally for the purposes of
evaluation only.

2.3 No licenses are granted to Licensee for any other
purposes, Licensee may not sell, rent, loan or
otherwise encumber or transfer Licensed Software in
whole or in part, to any third party.

3.0 LICENSE RESTRICTIONS

3.1 Licensee may not duplicate Licensed Software other
than for a single copy of Licensed Software for
archival purposes only. Licensee agrees to reproduce
any copyright and other proprietary right notices on
any such copy.

3.2 Except as otherwise provided by law, Licensee may
not modify or create derivative works of the Licensed
Software, or reverse engineer, disassemble or
decompile binary portions of the Licensed Software, or
otherwise attempt to derive the source code from such
portions.

3.3 No right, title, or interest in or to Licensed
Software, any trademarks, service marks, or trade
names of Sun or Sun's licensors is granted under this
Agreement.

3.4 Licensee shall have no right to use the Licensed
Software for productive or commercial use.

4.0 NO SUPPORT

Sun is under no obligation to support Licensed
Software or to provide Licensee with updates or error
corrections (collectively "Software Updates"). If Sun,
at its sole option, supplies Software Updates to
Licensee, the Software Updates will be considered part
of Licensed Software, and subject to the terms of this
Agreement.

5.0 LICENSEE DUTIES

Licensee agrees to evaluate and test the Software for
use in Licensee's software environment and provide
feedback to Sun in a manner reasonably requested by
Sun. Any and all test results, error data, reports or
other information, feedback or materials made or
provided by Licensee relating to Software
(collectively, "Feedback") are the exclusive property
of Sun and Licensee hereby assigns all Feedback to Sun
at no cost to Sun. Sun may use such Feedback in any
manner and for any purpose, without limitation,
liability or obligation to Licensee.

6.0 TERM AND TERMINATION OF AGREEMENT

6.1 This Agreement will commence on the date on which
Licensee receives Licensed Software (the "Effective
Date") and will expire sixty (60) days from the
Effective Date, unless terminated earlier as provided
herein.

6.2 Either party may terminate this Agreement upon ten
(10) days' written notice to the other party. However,
Sun may terminate this Agreement immediately should
any Licensed Software become, or in Sun's opinion be
likely to become, the subject of a claim of
infringement of a patent, trade secret or copyright.

6.3 Sun may terminate this Agreement immediately
should Licensee materially breach any of its
provisions or take any action in derogation of Sun's
rights to the Confidential Information licensed to
Licensee.

6.4 Upon termination or expiration of this Agreement,
Licensee will immediately cease use of and destroy
Licensed Software, any copies thereof and provide to
Sun a written statement certifying that Licensee has
complied with the foregoing obligations.

6.5 Rights and obligations under this Agreement which
by their nature should survive, will remain in effect
after termination or expiration hereof.

7.0 CONFIDENTIAL INFORMATION

7.1 For purposes of this Agreement, "Confidential
Information" means: (i) business and technical
information and any source code or binary code, which
Sun discloses to Licensee related to Licensed
Software; (ii) Licensee's feedback based on Licensed
Software; and (iii) the terms, conditions, and
existence of this Agreement. Licensee may not
disclose or use Confidential Information, except for
the purposes specified in this Agreement. Licensee
will protect the Confidential Information with the
same degree of care, but not less than a reasonable
degree of care, as Licensee uses to protect its own
Confidential Information. Licensee's obligations
regarding Confidential Information will expire no less
than five (5) years from the date of receipt of the
Confidential Information, except for Sun source code
which will be protected in perpetuity. Licensee
agrees that Licensed Software contains Sun trade
secrets.

7.2 Notwithstanding any provisions contained in this
Agreement concerning nondisclosure and non-use of the
Confidential Information, the nondisclosure
obligations of Section 7.1 will not apply to any
portion of Confidential Information that Licensee can
demonstrate in writing is: (i) now, or hereafter
through no act or failure to act on the part of
Licensee becomes, generally known to the general
public; (ii) known to Licensee at the time of
receiving the Confidential Information without an
obligation of confidentiality; (iii) hereafter
rightfully furnished to Licensee by a third party
without restriction on disclosure; or (iv)
independently developed by Licensee without any use of
the Confidential Information.

7.3 Licensee must restrict access to Confidential
Information to its employees or contractors with a
need for this access to perform their employment or
contractual obligations and who have agreed in writing
to be bound by a confidentiality obligation, which
incorporates the protections and restrictions
substantially as set forth in this Agreement.

8.0 DISCLAIMER OF WARRANTY

8.1 Licensee acknowledges that Licensed Software may
contain errors and is not designed, licensed, or
intended for use in the design, construction,
operation or maintenance of any nuclear facility
("High Risk Activities"). Sun disclaims any express or
implied warranty of fitness for such uses. Licensee
represents and warrants to Sun that it will not use,
distribute or license the Licensed Software for High
Risk Activities.

8.2 LICENSED SOFTWARE IS PROVIDED "AS IS". ALL EXPRESS
OR IMPLIED CONDITIONS, REPRESENTATIONS, AND
WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE
DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS
ARE HELD TO BE LEGALLY INVALID.

9.0 LIMITATION OF LIABILITY

9.1 Licensee acknowledges that the Licensed Software
may be experimental and that the Licensed Software may
have defects or deficiencies, which cannot or will not
be corrected by Sun. Licensee will hold Sun harmless
from any claims based on Licensee's use of the
Licensed Software for any purposes other than those of
internal evaluation, and from any claims that later
versions or releases of any Licensed Software
furnished to Licensee are incompatible with the
Licensed Software provided to Licensee under this
Agreement.

9.2 To the extent not prohibited by law, in no event
will Sun be liable for any indirect, punitive,
special, incidental or consequential damage in
connection with or arising out of this Agreement
(including loss of business, revenue, profits, use,
data or other economic advantage), however it arises,
whether for breach or in tort, even if Sun has been
previously advised of the possibility of such damage.

10.0 U.S. GOVERNMENT RESTRICTED RIGHTS

If this Software is being acquired by or on behalf of
the U.S. Government or by a U.S. Government prime
contractor or subcontractor (at any tier), then the
Government's rights in the Software and accompanying
documentation shall be only as set forth in this
license; this is in accordance with 48 C.F.R.
227.7202-4 (for Department of Defense (DOD)
acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for
non-DOD acquisitions).

11.0 GENERAL TERMS

11.1 Any action relating to or arising out of this
Agreement will be governed by California law and
controlling U.S. federal law. The U.N. Convention for
the International Sale of Goods and the choice of law
rules of any jurisdiction will not apply.

11.2 Licensed Software and technical data delivered
under this Agreement are subject to U.S. export
control laws and may be subject to export or import
regulations in other countries. Licensee agrees to
comply strictly with all such laws and regulations and
acknowledges that it has the responsibility to obtain
such licenses to export, re-export or import as may be
required after delivery to Licensee.

11.3 It is understood and agreed that, notwithstanding
any other provision of this Agreement, Licensee's
breach of the provisions of Section 7 of this
Agreement will cause Sun irreparable damage for which
recovery of money damages would be inadequate, and
that Sun will therefore be entitled to seek timely
injunctive relief to protect Sun's rights under this
Agreement in addition to any and all remedies
available at law.

11.4 Neither party may assign or otherwise transfer
any of its rights or obligations under this Agreement,
without the prior written consent of the other party,
except that Sun may assign this Agreement to an
affiliated company.

11.5 This Agreement is the parties' entire agreement
relating to its subject matter. It supersedes all
prior or contemporaneous oral or written
communications, proposals, conditions, representations
and warranties and prevails over any conflicting or
additional terms of any quote, order, acknowledgment,
or other communication between the parties relating to
its subject matter, including any Binary Code
Licenses, Supplemental Terms, or other licenses
contained within Licensed Software. No modification
to this Agreement will be binding, unless in writing
and signed by an authorized representative of each
party.

Re: Does JavaMail licensing from SUN restrict James usage?

Posted by Edward Tan <ta...@gmail.com>.

I am SOO sorry, pardon me.. I was too quick..

I was downloading EA javamail 1.4ea which is of course for evaluation.

JavaMail 1.3.3 allows the jar file to be redistributed:

https://jsecom15a.sun.com/ECom/EComActionServlet/DownloadPage:~:com.sun.sunit.sdlc.content.DownloadPageInfo;jsessionid=7F830C1ABE6203C9F9794DC4A1448B89;jsessionid=7F830C1ABE6203C9F9794DC4A1448B89?viewLicenceId_6=

Sun Microsystems, Inc. ("Sun") SOFTWARE LICENSE
AGREEMENT and ENTITLEMENT for SOFTWARE

A. ENTITLEMENTS for SOFTWARE

Licensee/Company: Entity receiving Software.

Effective Date: Date of delivery of the Software to
You.

Software: JAVAMAIL, VERSION 1.3.3

License Term:  Perpetual (subject to termination under
the SLA)

Licensed Unit: Software Copy

Licensed unit Count: Unlimited

Permitted Uses:

1. You may reproduce and use the Software for
Individual, Commercial, or Research and Instructional
Use for the purposes of designing, developing,
testing, and running Your applets and applications


("Programs").



On 1/10/06, Edward Tan <ta...@gmail.com> wrote:
>
> Hi,
>
> I am concerned with Sun JavaMail licensing that restrict only to evaluation purpose. And James uses JavaMail.
>
> Does it mean that James can only be distributed without Javamail jar (mail.jar)?
>
> Am I missing something?
>
> Edward
>
> quote from Sun:
>
> 2.2 Binary Code. Sun grants to Licensee, a
> non-exclusive, non-transferable, royalty-free and
> limited license to use the binary code portions of the
> Licensed Software internally for the purposes of
>
> evaluation only.
>
>
>
>
> https://jsecom15b.sun.com/ECom/EComActionServlet/DownloadPage:~:com.sun.sunit.sdlc.content.DownloadPageInfo;jsessionid=2C496475DA352A33A848CF48DAC7DC12;jsessionid=2C496475DA352A33A848CF48DAC7DC12?viewLicenceId_6= <https://jsecom15b.sun.com/ECom/EComActionServlet/DownloadPage:%7E:com.sun.sunit.sdlc.content.DownloadPageInfo;jsessionid=2C496475DA352A33A848CF48DAC7DC12;jsessionid=2C496475DA352A33A848CF48DAC7DC12?viewLicenceId_6=>
>
>
> Pre-Release
> Software Evaluation Agreement
>
> SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE
> THE PRE-RELEASE SOFTWARE IDENTIFIED BELOW TO LICENSEE
> ONLY UPON THE CONDITION THAT LICENSEE ACCEPTS ALL OF
>
> THE TERMS CONTAINED IN THIS LICENSE AGREEMENT
> ("AGREEMENT").  PLEASE READ THE TERMS AND CONDITIONS
> OF THIS AGREEMENT CAREFULLY.  BY DOWNLOADING OR
> INSTALLING THIS SOFTWARE, LICENSEE ACCEPTS THE TERMS
>
> AND CONDITIONS OF THIS LICENSE AGREEMENT. INDICATE
> ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON AT THE
> BOTTOM OF THIS AGREEMENT. IF LICENSEE IS NOT WILLING
> TO BE BOUND BY ALL THE TERMS, SELECT THE "DECLINE"
>
> BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE DOWNLOAD
> OR INSTALL PROCESS WILL NOT CONTINUE.
>
> 1.0 DEFINITIONS
>
> "Licensed Software" means the Java Mail 1.4 API
> Interface Classes Early Access software in binary
>
> and/or source code forms, any other machine readable
> materials (including, but not limited to, libraries,
> source files, header files, and data files) and any
> user manuals, programming guides and other
>
> documentation provided to Licensee by Sun under this
> Agreement.
>
> 2.0 LIMITED LICENSE
>
> 2.1 Source Code. Sun grants to Licensee, a
> non-exclusive, non-transferable, royalty-free and
> limited license to view the source code portions of
>
> the Licensed Software internally for the purposes of
> evaluation only.
>
> 2.2 Binary Code. Sun grants to Licensee, a
> non-exclusive, non-transferable, royalty-free and
> limited license to use the binary code portions of the
>
> Licensed Software internally for the purposes of
> evaluation only.
>
> 2.3 No licenses are granted to Licensee for any other
> purposes, Licensee may not sell, rent, loan or
> otherwise encumber or transfer Licensed Software in
>
> whole or in part, to any third party.
>
> 3.0 LICENSE RESTRICTIONS
>
> 3.1 Licensee may not duplicate Licensed Software other
> than for a single copy of Licensed Software for
> archival purposes only.  Licensee agrees to reproduce
>
> any copyright and other proprietary right notices on
> any such copy.
>
> 3.2 Except as otherwise provided by law, Licensee may
> not modify or create derivative works of the Licensed
> Software, or reverse engineer, disassemble or
>
> decompile binary portions of the Licensed Software, or
> otherwise attempt to derive the source code from such
> portions.
>
> 3.3 No right, title, or interest in or to Licensed
> Software, any trademarks, service marks, or trade
>
> names of Sun or Sun's licensors is granted under this
> Agreement.
>
> 3.4 Licensee shall have no right to use the Licensed
> Software for productive or commercial use.
>
> 4.0 NO SUPPORT
>
> Sun is under no obligation to support Licensed
>
> Software or to provide Licensee with updates or error
> corrections (collectively "Software Updates"). If Sun,
> at its sole option, supplies Software Updates to
> Licensee, the Software Updates will be considered part
>
> of Licensed Software, and subject to the terms of this
> Agreement.
>
> 5.0 LICENSEE DUTIES
>
> Licensee agrees to evaluate and test the Software for
> use in Licensee's software environment and provide
>
> feedback to Sun in a manner reasonably requested by
> Sun. Any and all test results, error data, reports or
> other information, feedback or materials made or
> provided by Licensee relating to Software
> (collectively, "Feedback") are the exclusive property
>
> of Sun and Licensee hereby assigns all Feedback to Sun
> at no cost to Sun. Sun may use such Feedback in any
> manner and for any purpose, without limitation,
> liability or obligation to Licensee.
>
> 6.0 TERM AND TERMINATION OF AGREEMENT
>
>
> 6.1 This Agreement will commence on the date on which
> Licensee receives Licensed Software (the "Effective
> Date") and will expire sixty (60) days from the
> Effective Date, unless terminated earlier as provided
>
> herein.
>
> 6.2 Either party may terminate this Agreement upon ten
> (10) days' written notice to the other party. However,
> Sun may terminate this Agreement immediately should
> any Licensed Software become, or in Sun's opinion be
>
> likely to become, the subject of a claim of
> infringement of a patent, trade secret or copyright.
>
> 6.3 Sun may terminate this Agreement immediately
> should Licensee materially breach any of its
> provisions or take any action in derogation of Sun's
>
> rights to the Confidential Information licensed to
> Licensee.
>
> 6.4 Upon termination or expiration of this Agreement,
> Licensee will immediately cease use of and destroy
> Licensed Software, any copies thereof and provide to
>
> Sun  a written statement certifying that Licensee has
> complied with the foregoing obligations.
>
> 6.5 Rights and obligations under this Agreement which
> by their nature should survive, will remain in effect
>
> after termination or expiration hereof.
>
> 7.0 CONFIDENTIAL INFORMATION
>
> 7.1 For purposes of this Agreement, "Confidential
> Information" means:  (i) business and technical
> information and any source code or binary code, which
>
> Sun discloses to Licensee related to Licensed
> Software; (ii) Licensee's feedback based on Licensed
> Software; and (iii) the terms, conditions, and
> existence of this Agreement.  Licensee may not
> disclose or use Confidential Information, except for
>
> the purposes specified in this Agreement.  Licensee
> will protect the Confidential Information with the
> same degree of care, but not less than a reasonable
> degree of care, as Licensee uses to protect its own
>
> Confidential Information. Licensee's obligations
> regarding Confidential Information will expire no less
> than five (5) years from the date of receipt of the
> Confidential Information, except for Sun source code
>
> which will be protected in perpetuity.  Licensee
> agrees that Licensed Software contains Sun trade
> secrets.
>
> 7.2 Notwithstanding any provisions contained in this
> Agreement concerning nondisclosure and non-use of the
>
> Confidential Information, the nondisclosure
> obligations of Section 7.1 will not apply to any
> portion of Confidential Information that Licensee can
> demonstrate in writing is:  (i) now, or hereafter
> through no act or failure to act on the part of
>
> Licensee becomes, generally known to the general
> public; (ii) known to Licensee at the time of
> receiving the Confidential Information without an
> obligation of confidentiality; (iii) hereafter
> rightfully furnished to Licensee by a third party
>
> without restriction on disclosure; or (iv)
> independently developed by Licensee without any use of
> the Confidential Information.
>
> 7.3 Licensee must restrict access to Confidential
> Information to its employees or contractors with a
>
> need for this access to perform their employment or
> contractual obligations and who have agreed in writing
> to be bound by a confidentiality obligation, which
> incorporates the protections and restrictions
>
> substantially as set forth in this Agreement.
>
> 8.0 DISCLAIMER OF WARRANTY
>
> 8.1 Licensee acknowledges that Licensed Software may
> contain errors and is not designed, licensed, or
> intended for use in the design, construction,
>
> operation or maintenance of any nuclear facility
> ("High Risk Activities"). Sun disclaims any express or
> implied warranty of fitness for such uses.  Licensee
> represents and warrants to Sun that it will not use,
>
> distribute or license the Licensed Software for High
> Risk Activities.
>
> 8.2 LICENSED SOFTWARE IS PROVIDED "AS IS". ALL EXPRESS
> OR IMPLIED CONDITIONS, REPRESENTATIONS, AND
> WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
>
> MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
> PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE
> DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS
> ARE HELD TO BE LEGALLY INVALID.
>
> 9.0 LIMITATION OF LIABILITY
>
>
> 9.1 Licensee acknowledges that the Licensed Software
> may be experimental and that the Licensed Software may
> have defects or deficiencies, which cannot or will not
> be corrected by Sun.  Licensee will hold Sun harmless
>
> from any claims based on Licensee's use of the
> Licensed Software for any purposes other than those of
> internal evaluation, and from any claims that later
> versions or releases of any Licensed Software
> furnished to Licensee are incompatible with the
>
> Licensed Software provided to Licensee under this
> Agreement.
>
> 9.2 To the extent not prohibited by law, in no event
> will Sun be liable for any indirect, punitive,
> special, incidental or consequential damage in
>
> connection with or arising out of this Agreement
> (including loss of business, revenue, profits, use,
> data or other economic advantage), however it arises,
> whether for breach or in tort, even if Sun has been
>
> previously advised of the possibility of such damage.
>
> 10.0 U.S. GOVERNMENT RESTRICTED RIGHTS
>
> If this Software is being acquired by or on behalf of
> the U.S. Government or by a U.S. Government prime
>
> contractor or subcontractor (at any tier), then the
> Government's rights in the Software and accompanying
> documentation shall be only as set forth in this
> license; this is in accordance with 48 C.F.R.
> 227.7202-4
>  (for Department of Defense (DOD)
> acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for
> non-DOD acquisitions).
>
> 11.0 GENERAL TERMS
>
> 11.1 Any action relating to or arising out of this
> Agreement will be governed by California law and
>
> controlling U.S. federal law.  The U.N. Convention for
> the International Sale of Goods and the choice of law
> rules of any jurisdiction will not apply.
>
> 11.2 Licensed Software and technical data delivered
>
> under this Agreement are subject to U.S. export
> control laws and may be subject to export or import
> regulations in other countries.  Licensee agrees to
> comply strictly with all such laws and regulations and
>
> acknowledges that it has the responsibility to obtain
> such licenses to export, re-export or import as may be
> required after delivery to Licensee.
>
> 11.3 It is understood and agreed that, notwithstanding
>
> any other provision of this Agreement, Licensee's
> breach of the provisions of Section 7 of this
> Agreement will cause Sun irreparable damage for which
> recovery of money damages would be inadequate, and
>
> that Sun will therefore be entitled to seek timely
> injunctive relief to protect Sun's rights under this
> Agreement in addition to any and all remedies
> available at law.
>
> 11.4 Neither party may assign or otherwise transfer
>
> any of its rights or obligations under this Agreement,
> without the prior written consent of the other party,
> except that Sun may assign this Agreement to an
> affiliated company.
>
> 11.5 This Agreement is the parties' entire agreement
>
> relating to its subject matter.  It supersedes all
> prior or contemporaneous oral or written
> communications, proposals, conditions, representations
> and warranties and prevails over any conflicting or
> additional terms of any quote, order, acknowledgment,
>
> or other communication between the parties relating to
> its subject matter, including any Binary Code
> Licenses, Supplemental Terms, or other licenses
> contained within Licensed Software.  No modification
>
> to this Agreement will be binding, unless in writing
> and signed by an authorized representative of each
> party.
>
>

Re: Does JavaMail licensing from SUN restrict James usage?

Posted by Stefano Bagnara <ap...@bago.org>.

Edward Tan wrote:
> Hi,
> 
> I am concerned with Sun JavaMail licensing that restrict only to
> evaluation purpose. And James uses JavaMail.
> 
> Does it mean that James can only be distributed without Javamail jar (mail.jar)?
> 
> Am I missing something?

> "Licensed Software" means the Java Mail 1.4 API
> Interface Classes Early Access software in binary


This is the Early Access license: check the license for official
javamail 1.3.3. It should be different.

Stefano

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