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373 lines
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373 lines
20 KiB
Plaintext
MIKROTIKLS MIKROTIK SOFTWARE END-USER LICENCE AGREEMENT
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Export Eligibility Requirements
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By downloading any files from mikrotik.com, you agree to the following:
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1. You, hereby undersigned, are aware and acknowledge that the products,
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all hardware, software and/or technology (collectively -"Products")
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purchased, obtained from “Mikrotīkls” Ltd. (In Latvian: SIA
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“Mikrotīkls”) a company registered in Latvia (14.03.1996., reg. No.
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40003286799) or its affiliates are subject to the sanctions imposed by
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European Union (EU), United Nations (UN), by USA (e.g., The Office of
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Foreign Assets Control of United States of America (OFAC)) or by another
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international organization, to which the Republic of Latvia is a member
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state, hereinafter – International Organization, and set by binding
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national and international laws on export control and economic sanctions,
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restrictions and/or set by the binding regulation on prevention of money
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laundering and terrorism financing.
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2. You may not --directly or indirectly-- make available, provide, sell,
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export, reexport, transfer, divert, or otherwise dispose of any Products to
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any destination, entity, or person prohibited by the laws or regulations of
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the European Union (EU), United Nations (UN) and USA. EU sanctions and
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restrictions are based on Article 215 TFEU (Treaty on the Functioning of
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the European Union) and decisions adopted in the framework of the Common
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Foreign and Security Policy and these restrictions includes but are not
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limited to such countries and subjects as Burundi, Central African
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Republic, Democratic Republic of the Congo, Guinea, Iran (it is prohibited
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to export equipment or software intended for use in the monitoring or
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interception by the Iranian regime of the Internet and of telephone
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communications in Iran), Libya, North Korea, Somalia, Sudan, Syria, Crimea
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and Sevastopol (in response to the illegal annexation of Crimea and
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Sevastopol), Russian Federation, non-government controlled areas of Ukraine
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in the oblasts of Donetsk, Kherson, Luhansk and Zaporizhzhia (in response
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of Russia’s escalating war of aggression against Ukraine to the illegal
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annexation of these territories), Republic of Belarus, Venezuela and/or
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organizations, entities, persons specified and listed in the directives,
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Council decisions and regulation. Sanction regimes established by the
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national, USA and/or other International Organizations may
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expand/supplement states, persons and/or entities determined by the EU
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binding regulation. More information could be obtained:
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https://www.sanctionsmap.eu/#/main https://sanctionssearch.ofac.treas.gov/
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https://scsanctions.un.org/consolidated/
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3. By accepting these Export eligibility requirements and acknowledge of
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trade compliance You assure that You or Your affiliated parties will not
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directly or indirectly export, re-export, transfer or release, make
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available any Products and/or any support related to the Products thereof
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to any destination, person, entity or end use prohibited or restricted
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under above described laws and imposed sanctions, restrictive measures
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without prior authorization of corresponding authorities required by
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regulation.
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4. You acknowledge that other countries may have trade laws pertaining to
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the export, import, use, or distribution of Products, and that compliance
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with same is the responsibility of You. These Export eligibility
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requirements and acknowledgment of trade compliance shall survive the
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expiration or termination of any license agreements signed by You in
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connection with Products.
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5. By accepting these Export eligibility requirements and acknowledge of
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trade compliance hereby declare that You have been informed and warned
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about Export eligibility requirements and acknowledge of trade compliance
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and You are liable for following its rules in good faith.
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6. Moreover by downloading any files from mikrotik.com, you agree to the
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following:You are not a citizen, national or resident of, and are not under
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the control of, the government of any country to which the United States,
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European Union, Latvia or United Nations has prohibited export of technical
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information, such as : Cuba, Iran, Libya, North Korea, Sudan, Syria,
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Russian Federation, or Republic of Belarus. You will not download or
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otherwise export or re-export the software, directly or indirectly, to the
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above-prohibited countries nor to citizens, national or residents of those
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countries. You are not listed on the United States Department of Treasury
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list, list of European Union, Latvia or United Nations of Specially
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Designated Nationals, Specially Designated Terrorists, and Specially
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Designated Narcotics Traffickers, nor are you listed on the United States
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Department of Commerce Table of Denial Orders. You will not download or
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otherwise export or re-export the software, directly or indirectly, to
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persons on the above-mentioned lists. You will not use the software for,
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and will not allow the software to be used for, any purposes prohibited by
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law of European Union (EU), United Nations (UN), by USA (e.g., The Office
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of Foreign Assets Control of United States of America (OFAC)) or by another
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international organization, to which the Republic of Latvia is a member
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state , including, without limitation, for the development, design,
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manufacture or production of nuclear, chemical, or biological weapons of
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mass destruction.
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MIKROTIKLS MIKROTIK SOFTWARE END-USER LICENCE AGREEMENT
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MIKROTIK ROUTEROS SOFTWARE ROUTER SYSTEM
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This End-User License Agreement ("License Agreement") is a binding agreement
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between you (either an individual or a single entity) and MikroTikls SIA
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("MikroTikls" or "MikroTik"), which is the manufacturer of the SOFTWARE
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PRODUCT ("SOFTWARE PRODUCT" or "SOFTWARE") identified above. HARDWARE refers
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as the computer, which the Software Product is installed on. Any software
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provided along with the SOFTWARE PRODUCT that is associated with a separate
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end-user License Agreement is licensed to you under the terms of that License
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Agreement. The term SOFTWARE or SOFTWARE PRODUCT does not include the software
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listed after point 12 of this document that is under the GNU General Public
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License or other free software licenses listed after point 12 of this document.
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By opening or installing SOFTWARE PRODUCT MikroTik RouterOS you indicate that
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you agree with terms of this agreement, if you do not agree with the terms of
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this agreement, do not open the diskette package and do not install or use the
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software, instead, return the unopened package of the SOFTWARE including
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manuals, documentation, or written materials that are associated with this
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program to the place where you obtained them for full refund and delete all
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electronic copies of the SOFTWARE and documentation.
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1. GRANT OF LICENSE
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If you purchased a base license of the SOFTWARE PRODUCT you are granted a
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non-exclusive license to use the SOFTWARE PRODUCT and accompanying
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Documentation according to the contents of this License herein:
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a. SOFTWARE Installation and Use.
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You may only install and use one copy of the SOFTWARE on the Computer.
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b. Back-up Copy.
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You may make a single back-up copy of the SOFTWARE PRODUCT. You may use the
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back-up copy solely for archival purposes. Except as expressly provided in
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this License Agreement, you may not otherwise make copies of the SOFTWARE
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PRODUCT, including the printed materials accompanying the SOFTWARE.
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2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
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a. You may not:
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* permit other individuals to use the SOFTWARE except under the terms
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listed in Article 1 "Grant of License" above;
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* modify, translate, reverse engineer, decompile, disassemble (except
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to the extent applicable laws specifically prohibit such restriction), or
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create derivative works based on the Software;
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* copy the Software; or
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* remove any proprietary notices or labels on the Software.
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b. SOFTWARE PRODUCT Transfer.
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You may permanently transfer all of your rights under this License
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Agreement only as part of a permanent sale or transfer of the HARDWARE,
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provided you retain no copies, you transfer all of the SOFTWARE PRODUCT
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(including all component parts, the media and printed materials, any
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upgrades, this License Agreement and, if applicable, the Certificate(s) of
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Authenticity), and the recipient agrees to the terms of this License
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Agreement. If the SOFTWARE PRODUCT is an upgrade, any transfer must also
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include all prior versions of the SOFTWARE PRODUCT.
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c. Termination.
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Without prejudice to any other rights MikroTikls may terminate this License
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Agreement if you fail to comply with the terms and conditions of this
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License Agreement. In such event, you must destroy all copies of the
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SOFTWARE PRODUCT and all of its component parts.
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d. Trademarks.
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This License Agreement does not grant you any rights in connection with any
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trademarks or service marks of MikroTikls or its suppliers.
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3. RECORDS; AUDIT
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Licensee shall maintain accurate records as necessary to verify compliance
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with this Agreement. Licensor may conduct one or more audits to verify such
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compliance. Audits will be conducted during normal business hours. All audits
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shall be conducted at Licensor’s expense unless the results establish that
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Licensee has underpaid Licensor by more than 5% of the amount actually due, in
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which case Licensee shall pay all amounts due and bear the expense of the
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audit.
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4. UPGRADE PACKAGE
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If the SOFTWARE PRODUCT is labeled as an upgrade package, you must be properly
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licensed to use a product identified by MikroTikls as being eligible for the
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upgrade package in order to use the SOFTWARE PRODUCT ("Eligible Product"). For
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the purpose of upgrade package products only, "HARDWARE" shall mean the
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computer system or computer system component with which you received the
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Eligible Product. A SOFTWARE PRODUCT labeled as an upgrade package replaces
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and/or supplements the Eligible Product. You may use the resulting upgraded
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product only in accordance with the terms of this License Agreement. If the
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SOFTWARE PRODUCT is an upgrade of a component of a package of SOFTWARE
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programs that you licensed as a single product, the SOFTWARE PRODUCT may be
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used and transferred only as part of that single product package and may not
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be separated for use on more than one computer.
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If you receive your first copy of the SOFTWARE electronically, and a second
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copy on media, the second copy may be used for archival purposes only. This
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license does not grant you any right to any enhancement, update or upgrade.
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Rights to the SOFTWARE PRODUCT will be indicated on your invoice.
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5. FEATURE PACKAGE
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If the SOFTWARE PRODUCT is labeled as a "feature package" that required
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additional purchase, you must be properly licensed to use a product identified
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by MikroTikls as being eligible for the "feature package" in order to use the
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SOFTWARE PRODUCT ("Eligible Product"). For the purpose of "feature package",
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products only, "HARDWARE" shall mean the computer system or computer system
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component with which you received the Eligible Product. A SOFTWARE PRODUCT
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labeled as "feature package" replaces and/or supplements the Eligible Product.
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You may use the resulting SOFTWARE PRODUCT only in accordance with the terms
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of this License Agreement. If the SOFTWARE PRODUCT is an "feature package" of
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a component of a package of SOFTWARE programs that you licensed as a single
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product, the SOFTWARE PRODUCT may be used and transferred only as part of that
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single product package and may not be separated for use on more than one
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computer.
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If you receive your first copy of the SOFTWARE electronically, and a second
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copy on media, the second copy may be used for archival purposes only. Rights
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to the SOFTWARE PRODUCT will be indicated on your invoice.
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6. TRIAL or DEMO VERSION
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If the SOFWARE PRODUCT is authorized by MikroTikls as the Trial or Demo
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version, the Rights to the SOFTWARE cannot be transferred as described in
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Article 2 (b) of this License Agreement.
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MikroTikls shall have no obligation to fix any defects, which arise from the
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use of Trial or Demo version program.
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7. COPYRIGHT
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All title and intellectual property rights in and to the SOFTWARE PRODUCT,
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accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are
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owned by MikroTikls or its suppliers. You may not copy the printed materials
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accompanying the SOFTWARE PRODUCT. All rights not expressly granted under this
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License Agreement are reserved by MikroTikls SIA and its suppliers.
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The SOFTWARE PRODUCT is protected by US copyright laws and international
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copyright treaties, as well as other intellectual property laws and treaties.
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The SOFTWARE PRODUCT is licensed, not sold.
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8. DUAL-MEDIA SOFTWARE PRODUCT.
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You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of
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the type or size of medium you receive, you may use only one medium that is
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appropriate for the Computer. You may not use or install the other medium on
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another computer. You may not loan, rent, lease, lend or otherwise transfer
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the other medium to another user, except as part of the permanent transfer (as
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provided above) of the SOFTWARE PRODUCT.
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9. LIMITED WARRANTY
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MikroTikls warrants that for a period of ninety (90) days from the days of
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acquisition, the Software, if operated as directed, will substantially achieve
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the functionality described in the Documentation. MikroTikls does not warrant,
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however, that your use of the SOFTWARE will be uninterrupted or that the
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operation of the SOFTWARE will be error-free or secure and hereby disclaims
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any and all liability on account thereof. In addition, the security mechanisms
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implemented by the SOFTWARE have inherent limitations, and you must determine
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that the SOFTWARE sufficiently meets your requirements.
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MikroTikls also warrants that the media containing the Software, if provided
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by MikroTikls, is free from defects in material and workmanship and will so
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remain for (90) days from the date you acquired the Software. MikroTikls’
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sole liability for any breach of this warranty shall be, in MikroTikls’ sole
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discretion:
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a. to replace your defective media; or
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b. to advise you how to achieve substantially the same functionality with
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the SOFTWARE as described in the Documentation; or
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c. if the above remidies are impracticable, to refund the license fee you
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paid for the Software. Repaired, corrected, or replaced SOFTWARE and
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Documentation shall be covered by this limited warranty for the period
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under the warranty that covered the original SOFTWARE or if longer, for
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thirty (30) days after the date (a) of shipment to you of the repaired or
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replaced Software, or (b) MikroTikls advised you how to operate the
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SOFTWARE so as to achieve the functionality described in the Documentation.
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Only if you inform MikroTikls of your problem with the SOFTWARE during the
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applicable warranty period and provide evidence of the date you acquired
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the SOFTWARE will MikroTikls be obligated to honor this warranty.
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MikroTikls will use reasonable commercial efforts to repair, replace,
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advise, or refund pursuant to foregoing warranty within 30 days of being so
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notified.
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THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY MIKROTIKLS.
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MIKROTIKLS MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OR CONDITION OF
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NONINFRIGEMENT OF THIRD PARTIES’ RIGHTS. THE DURATION OF IMPLIED WARRANTIES,
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INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR
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A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME
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STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO
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THESE LIMITATIONS MAY NOT APPLY TO YOU, NO MIKROTIKLS DEALER, AGENT, OR
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EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO
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THIS WARRANTY. If any modifications are made to the SOFTWARE by you during the
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warranty period; if the media is subjected to accident, abuse, or improper
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use; or if you violate the terms of this Agreement, then this warranty shall
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immediately be terminated. This warranty shall not apply if the SOFTWARE is
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used on or in conjunction with hardware or SOFTWARE other than the unmodified
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version of hardware and SOFTWARE with which the SOFTWARE was designed to be
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used as described in the Documentation.
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THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL
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RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
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10. LIMITATION OF LIABILITY
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR
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OTHERWISE, SHALL MIKROTIKLS OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR
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ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
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DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
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GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
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COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF MIKROTIKLS’
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LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION, EVEN IF MIKROTIKLS
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SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM
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BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY
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FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
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LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION ORLIMITATION
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OF INCIDENTAL OR CONSEQUENTAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY
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NOT APPLY TO YOU.
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EXPORT REQUIREMENTS
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You may not export or re-export the Software or any copy or adaptation in
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violation of any applicable laws or regulations.
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12. MISCELLANEOUS
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This Agreement represents the complete agreement concerning this license
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between the parties and supersedes all prior agreements and representations
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between them. It may be amended only by writing executed by both parties. If
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any provision of this Agreement is held to be unenforceable for any reason,
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such provision shall be reformed only to the extent necessary to make it
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enforceable.
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For license obligations below that require Mikrotikls to provide source code
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or other license obligations, you should contact Mikrotikls by mail at the
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following address:
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MikroTikls SIA
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attn: license compliance
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Ūnijas iela 2
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LV-1039, Riga
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LATVIA
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For license obligations below that require responses by email, you should
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contact Mikrotikls SIA at: mt@mikrotik.com
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For license obligations below that require responses by telephone or fax, you
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should contact Mikrotikls SIA at: telephone +371 7317700, fax +371 7317701
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To get a CD with the corresponding source code for the GPL-covered programs in
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this distribution, wire transfer $45 to MikroTikls SIA, Ūnijas iela 2, Riga,
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LV-1039, Latvia. Please contact MikroTikls SIA for our current account
|
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information and wire transfer instructions. Offer valid for three years from
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the date of distribution of this software. This CD will only include the
|
||
source code of the following programs and any non-proprietary programs
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||
distributed according to license requirements. This CD will not include
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||
MikroTikls proprietary SOFTWARE.
|
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The following list may or may not include all of the GNU/GPL software that is
|
||
included in the distribution. This list is not part of the GNU/GPL license
|
||
obligations. For GNU/GLP license obligations, you must follow the GNU/GPL
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||
license procedures.
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Package name License URL e2fsprogs GPL http://e2fsprogs.sourceforge.net/
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linux kernel GPL http://www.kernel.org/
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OpenSSL OpenSSL (BSD) http://www.openssl.org/
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ppp PPP (BSD) ftp://metalab.unc.edu/pub/Linux/system/network/serial/ppp
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racoon Raccon (BSD) http://www.kame.net/
|
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SGI STL STL http://www.sgi.com/tech/stl/
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OpenSSH OpenSSH http://www.openssh.org/
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SYSLINUX GPL http://syslinux.zytor.com/
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expat expat http://expat.sourceforge.net/
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||
libsvg LGPL http://cairographics.org/libsvg
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||
libsvg-cairo LGPL http://cairographics.org/libsvg-cairo
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||
cairo MPL http://cairographics.org/
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||
fontconfig Fontconfig http://www.fontconfig.org/wiki/
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freetype Freetype http://www.freetype.org/
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net-snmp Net-snmp http://net-snmp.sourceforge.net/
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||
libcroco LGPL http://www.freespiders.org/projects/libcroco/
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pango LGPL http://www.pango.org/
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||
librsvg LGPL http://librsvg.sourceforge.net/
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glib LGPL http://www.gtk.org/
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gtk+ LGPL http://www.gtk.org/
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ZeroTier ZeroTier BSL https://www.zerotier.com/
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This software is based in part on the work of the Independent JPEG Group jpeg
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