Legal
TERMS AND CONDITIONS OF
USE
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PLEASE READ THIS AGREEMENT CAREFULLY
BEFORE USING THIS WEB SITE. THIS AGREEMENT SETS FORTH THE TERMS AND
CONDITIONS WHICH APPLY TO YOUR USE OF THIS WEBSITE (THE "SERVICE") WHICH IS
OFFERED TO YOU BY C.H. GUENTHER & SON, INC. ("GUENTHER"). BY USING THIS
SITE, YOU AGREE TO THE TERMS OF THIS USAGE AGREEMENT JUST AS IF YOU HAD
SIGNED THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT,
PLEASE DISCONTINUE YOUR USE OF THE SERVICE.
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| 1. |
LIMITED LICENSE |
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Subject to the terms and conditions set forth
in this agreement, Guenther grants you a non-exclusive, non-transferable,
limited right to access, use and display this Web site and the materials
thereon for your personal, noncommercial use only. You agree that no joint
venture, partnership, employment or agency relationship exists between you
and Guenther as a result of this agreement or your use of the Service.
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| 2. |
MODIFICATION AND TERMINATION |
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Guenther reserves the right to modify these
terms and conditions and to modify, add or discontinue any aspect, content,
or feature of the Service. Such amendments, modifications, additions or
deletions shall become effective upon notice thereof, which may be provided
to you by posting on the Service, via e-mail or any other reasonable means.
By using the Service, you agree to be bound by any such revisions. You
should periodically visit this page to determine the then current Terms and
Conditions of Use to which you are bound.
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The license and rights granted under this
Agreement shall remain in full force and effect unless terminated,
suspended, or canceled for any of the following reasons: (a) upon thirty
(30) days written notice by any party of its intent to terminate; (b)
immediately by Guenther for any unauthorized access or use by you,
including, without limitation (i) concurrent access of the Service with
identical user identification numbers, (ii) permitting another person or
entity to use your user identification number to access the Service, or
(iii) any other access or use of the Service except as expressly provided in
this Agreement; or (c) immediately, if in Guenther's sole discretion you
violate the terms and conditions of this Agreement or the rules and
regulations relating to the use of, or tamper with or alter any of the
software and/or data files contained in, or accessed through, the Service.
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Termination, suspension, or cancellation of
this Agreement or your access rights shall not affect any right or relief to
which Guenther may be entitled, at law or in equity. Upon termination of the
licenses under this Agreement, all rights granted to you will terminate and
revert to Guenther and its licensors. Upon termination, you must destroy all
materials obtained from this Web site and any and all other Guenther site(s)
and all copies thereof, whether made under the terms of this agreement or
otherwise.
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| 3. |
COPYRIGHT AND TRADEMARK NOTICE |
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All trademarks of Guenther and all trademarks,
service marks and trade names used on the Service are the property of
Guenther or their respective owners, and may not be copied, downloaded or
otherwise exploited without the permission of Guenther or the owner of such
trademark, service mark or trade name.
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Copyright © 2000-2003 C. H. Guenther & Son,
Inc. All rights reserved. Copying, storage in an electronic storage device,
making of derivative works or public display of any text, graphics or
displays of this Web site not credited to others is prohibited under penalty
of the laws of the United States of America and international treaties
without the prior, express written permission of Guenther. Guenther does not
grant permission to anyone to display or distribute this information on the
Internet or the World Wide Web.
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The trademarks, logos and service marks
(hereinafter "Trademarks") displayed on this Web site are registered or
unregistered Trademarks of Guenther. Nothing contained in this Web site
shall be construed as granting, by implication, estoppel or otherwise, any
license or right to use any Trademark displayed on this Web site without
Guenther's prior written approval.
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| 4. |
RESTRICTIONS ON USE |
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This Service is owned and operated by Guenther
and contains material which is derived in whole or in part from material
supplied and owned by Guenther and other sources, and is protected by
copyright, trademark, and other applicable laws. You may not modify, copy,
reproduce, republish, upload, post, transmit, publicly display, prepare
derivative works based on, or distribute in any way any material from this
Service including code and software ("Material"). You may download Material
from this Service for your personal, noncommercial use only, provided you
keep intact all copyright and other proprietary notices. In the event that
you download Material from the Service, such Material is licensed to you by
Guenther or its licensors, and neither Guenther nor its licensors transfer
title to any such Material to you. You agree that you will not alter the
presentation or reproduce, retransmit, disseminate, sell, distribute,
publish, broadcast, circulate or commercially exploit the information
provided on this site in any manner without the prior, express written
consent of Guenther. Further, you agree that you will not use the
information provided on this site for any unlawful purpose.
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| 5. |
LINKING TO THIS WEB SITE |
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You may link only to Guenther's Homepage:
CHG.COM. Deep-linking is expressly prohibited.
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| 6. |
SOLICITATION OF OFFERS |
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Statements made on these pages concerning the
products or services of Guenther do not constitute an offer, but are merely
solicitations of an offer. References to and information concerning products
on this Web site are not complete and must be read in conjunction with the
specific information accompanying such products, as the same may change from
time to time.
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| 7. |
DISCLAIMER OF WARRANTY |
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GUENTHER HAS PROVIDED LINKS AND POINTERS TO
INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY
FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS SERVICE. NEITHER
GUENTHER NOR ITS AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT
ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE
MATERIALS IN THIS SERVICE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GUENTHER DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. GUENTHER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE MATERIALS AND PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS SERVICES, INCLUDING THE COMMUNITY AREAS, OR
THE SERVER THAT MAKES THEM AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. GUENTHER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE OR IN
THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY OR OTHERWISE. YOU ASSUME ALL RISK OF ERRORS' AND/OR OMISSIONS IN
THE SERVICE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU
ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS
TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE
SERVICE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS WHICH YOU
MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS
OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU (AND NOT GUENTHER)
ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE
TO STATE. IN SUCH JURISDICTIONS, GUENTHER'S LIABILITY SHALL BE LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.
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This site is controlled and operated by
Guenther from its offices within the State of Texas, United States of
America. Guenther makes no representation that materials in the Web site are
appropriate or available for use in other locations. Those who choose to
access this site from other locations do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws
are applicable.
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Certain sites on the Internet carry
controversial, sexually explicit or other potentially inappropriate
material. Neither Guenther nor its officers, directors, partners, agents,
affiliated companies, information providers or content partners (all of whom
for purposes of this agreement are included within the term "Guenther")
control or censor the Internet.
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| 8. |
DISCLAIMER OF LIABILITY |
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IN NO EVENT SHALL GUENTHER OR ITS AFFILIATES
OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THIS SERVICE OR WITH THE DELAY OR INABILITY TO USE
THIS SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES
OBTAINED THROUGH THIS SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THIS
SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
EVEN IF GUENTHER OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT
NEITHER GUENTHER NOR ITS AFFILIATES OR SUPPLIERS SHALL BE LIABLE FOR ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SERVICE.
FURTHER, GUENTHER SHALL NOT BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION,
FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR
UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION SERVICES PROVIDED BY OR
KNOW-HOW OR OTHER INFORMATION CONTAINED WITHIN THIS WEB SITE, OR FOR ANY
DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE WEB SITE USER, OR
FOR ANY CLAIM OR LOSS ARISING THEREFROM OR OCCASIONED THEREBY. GUENTHER
SHALL NOT BE LIABLE FOR ANY DAMAGES FOR LOST DATA, USE, PROFITS, SAVINGS OR
GOODWILL THAT RESULTS FROM USE OF OR INABILITY TO USE INFORMATION OR
SOFTWARE CONTAINED WITHIN THIS WEB SITE. SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU
MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IN SUCH
JURISDICTIONS, GUENTHER'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
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| 9. |
INDEMNIFICATION |
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You agree to defend, indemnify and hold
harmless Guenther, its affiliates and their respective directors, officers,
employees and agents from and against any and all claims, actions, suits or
proceedings, as well as any and all losses, liabilities, damages, costs and
expenses (including reasonable attorneys fees) arising out of or accruing
from (a) any material posted or otherwise provided by you that infringes any
copyright, trademark, trade secret, trade dress, patent or other
intellectual property right of any person or defames any person or violates
their rights of publicity or privacy, (b) any misrepresentation made by you
in connection with your use of the Service; (c) any noncompliance by you
with the terms and conditions of this Agreement; and (d) claims brought by
persons or entities other than the parties to this Usage Agreement arising
from or related to your access and use of the Service, including the
information obtained through the Service.
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| 10. |
SUBMISSIONS |
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Guenther is pleased to hear from users and
welcomes your comments regarding Guenther. However, if you send us
suggestions, ideas, notes, computer programs, data, drawings, concepts, or
other information of any kind (collectively, the "Information"), the
Information shall be deemed, and shall remain, the sole and absolute
property of Guenther. None of the Information shall be subject to any
obligation of confidence on the part of Guenther, and Guenther shall not be
liable for any use or disclosure of any Information. Without limitation of
the foregoing, Guenther shall exclusively own all now known or hereafter
existing rights to the Information of every kind and nature throughout the
universe and shall be entitled to unrestricted use of the Information for
any purpose whatsoever, commercial or otherwise, without compensation to the
provider of the Information.
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| 11. |
PRIVACY |
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Guenther shall not be liable for any lack of
privacy you may experience while using this Web site.
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| 12. |
GOVERNING LAW |
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This agreement shall be governed by and
construed in accordance with the laws of the State of Texas, without giving
effect to any principles of conflicts of law. To the extent allowed by
applicable law, any claims or causes of action arising from or relating to
your access and use of the site contemplated by this agreement must be
instituted within two years from the date upon which such claim or cause
arose or accrued. Further, all proceedings arising out of, in connection
with, pursuant to, or incident to this agreement or through use of the
service, product, or information provided through or referenced herein shall
be brought exclusively in the county, state, or federal courts located in
San Antonio, Bexar County, Texas. You expressly agree to submit to the
exclusive personal jurisdiction of such courts and hereby appoint the
Secretary of State of Texas as your agent for service of process. You
expressly waive any claim of lack of jurisdiction or improper venue in any
legal proceeding arising out of, in connection with, pursuant to, or
incident to this agreement or through use of the service, product, or
information provided.
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YEAR 2k READINESS |
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Information contained on Guenther's past and
present year 2000 Internet Web site pages regarding products and services
offered by Guenther and its subsidiaries are "Year 2000 Readiness
Disclosures" under the Year 2000 Information and Readiness Disclosure Act of
1998. This designation also applies to any information delivered through or
derived from Guenther's past and present year 2000 Internet Web site pages
such as electronic and hard copy product compliance status reports, year
2000 policies and procedures, and other materials.
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Information on Guenther's year 2000 Internet
Web site pages regarding non-Guenther products and services are
"Republications" under the Act based on information supplied by other
companies about the products and services they offer. Guenther has not
independently verified the content of these Republications and takes no
responsibility for the accuracy or completeness of information contained in
such Republications.
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Guenther's year 2000 Internet Web site pages
and reproductions there of have been and will continue to be Guenther's
primary mechanism for communicating year 2000 information.
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U.S. GOVERNMENT RESTRICTED RIGHTS |
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The materials on this Web site are provided
with "RESTRICTED RIGHTS." Use, duplication or disclosure by the Government
is subject to restrictions as set forth in applicable laws and regulations.
Use of the materials by the Government constitutes acknowledgment of
Guenther's proprietary rights in them.
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NOTICE AND PROCEDURE FOR COPYRIGHT
INFRINGEMENT CLAIM |
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Guenther, pursuant to 17 U.S.C. Section 512 as
amended by Title II of the Digital Millennium Copyright Act (the "Act"),
reserves the right, but not the obligation, to terminate your license to use
the Service if it determines in its sole and absolute discretion that you
are involved in infringing activity, including alleged acts of first-time or
repeat infringement, regardless of whether the material or activity is
ultimately determined to be infringing. Guenther accommodates and does not
interfere with standard technical measures used by copyright owners to
protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c),
Guenther has implemented procedures for receiving written notification of
claimed infringements and for processing such claims in accordance with the
Act. Guenther's designated agent to receive notification of claimed
infringement is:
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Thomas A. McRae
Senior Vice President, General Counsel
129 E. Guenther Street
San Antonio TX 78291
e-mail:
tmcrae@chg.com
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In addition, any written notice regarding any
defamatory or infringing activity, whether of a copyright, patent, trademark
or other proprietary right, should be sent to our designated agent, listed
above, and must include the following information:
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A. A physical or electronic signature of a
person authorized to act on behalf of (1) the owner of an exclusive right
that is allegedly infringed or (2) the person defamed. |
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B. Identification of the copyrighted work
claimed to have been infringed, or, if multiple copyrighted works at a
single online site are covered by a single notification, a representative
list of such works at that site. Similarly for other types of infringing
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C. Identification of the material that is
claimed to be infringing, to be the subject of infringing activity, or that
is claimed to be defamatory and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit us to locate
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D. Information reasonably sufficient to permit
us to contact you, such as your address, telephone number, and/or electronic
mail address. |
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E. A statement that you have a good faith
belief that use of the material in the manner complained of is not
authorized by the copyright or other proprietary right owner, its agent, or
the law. |
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F. A statement that the information in the
notification is accurate, and under penalty of perjury, that you are
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed or on behalf of the person defamed.
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INTEGRATION AND SEVERABILITY |
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This Agreement and any posted operating rules
constitute the entire agreement of the parties with respect to the subject
matter hereof, and supersede all prior or contemporaneous communications and
proposals, whether oral or written, between the parties with respect to such
subject matter relating to the subject matter herein and shall not be
modified except in writing, signed by both parties. If any provision of this
agreement shall be unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable from this agreement and shall not
affect the validity and enforceability of any remaining provisions. No
waiver by either party of any breach or default hereunder shall be deemed a
waiver of any subsequent breach or default. The titles and subtitles used in
this Agreement are used for convenience only and are not to be considered in
construing or interpreting this Agreement.
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ASSIGNMENTS |
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You may not assign any of your rights,
obligations or privileges hereunder without the prior written consent of
Guenther. Any assignment other than as provided for in this Section shall be
null and void, ab initio.
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| 18. |
ENFORCEMENT |
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Guenther enforces its intellectual property
rights to the fullest extent of the law. If you have questions concerning
the legal notices stated above, please contact the Guenther legal department
at
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Legal Department
C. H. Guenther & Son, Inc.
129 E. Guenther Street
San Antonio TX 78291
Telephone 210-227-1401
Fax 210-351-6356
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