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1 | |||
2 | Red Hat eCos Public License v1.1 | ||
3 | |||
4 | 1. DEFINITIONS | ||
5 | |||
6 | 1.1. "Contributor" means each entity that creates or contributes to | ||
7 | the creation of Modifications. | ||
8 | |||
9 | 1.2. "Contributor Version" means the combination of the Original | ||
10 | Code, prior Modifications used by a Contributor, and the Modifications made by | ||
11 | that particular Contributor. | ||
12 | |||
13 | 1.3. "Covered Code" means the Original Code or Modifications or the | ||
14 | combination of the Original Code and Modifications, in each case including | ||
15 | portions thereof. | ||
16 | |||
17 | 1.4. "Electronic Distribution Mechanism" means a mechanism generally | ||
18 | accepted in the software development community for the electronic transfer of | ||
19 | data. | ||
20 | |||
21 | 1.5. "Executable" means Covered Code in any form other than Source | ||
22 | Code. | ||
23 | |||
24 | 1.6. "Initial Developer" means the individual or entity identified as | ||
25 | the Initial Developer in the Source Code notice required by Exhibit A. | ||
26 | |||
27 | 1.7. "Larger Work" means a work which combines Covered Code or | ||
28 | portions thereof with code not governed by the terms of this License. | ||
29 | |||
30 | 1.8. "License" means this document. | ||
31 | |||
32 | 1.9. "Modifications" means any addition to or deletion from the | ||
33 | substance or structure of either the Original Code or any previous | ||
34 | Modifications. When Covered Code is released as a series of files, a | ||
35 | Modification is: | ||
36 | |||
37 | A. Any addition to or deletion from the contents of a file containing Original | ||
38 | Code or previous Modifications. | ||
39 | |||
40 | B. Any new file that contains any part of the Original Code or previous | ||
41 | Modifications. | ||
42 | |||
43 | 1.10. "Original Code" means Source Code of computer software code | ||
44 | which is described in the Source Code notice required by Exhibit A as Original | ||
45 | Code, and which, at the time of its release under this License is not already | ||
46 | Covered Code governed by this License. | ||
47 | |||
48 | 1.11. "Source Code" means the preferred form of the Covered Code for | ||
49 | making modifications to it, including all modules it contains, plus any | ||
50 | associated interface definition files, scripts used to control compilation and | ||
51 | installation of an Executable, or a list of source code differential | ||
52 | comparisons against either the Original Code or another well known, available | ||
53 | Covered Code of the Contributor's choice. The Source Code can be in a | ||
54 | compressed or archival form, provided the appropriate decompression or de- | ||
55 | archiving software is widely available for no charge. | ||
56 | |||
57 | 1.12. "You" means an individual or a legal entity exercising rights | ||
58 | under, and complying with all of the terms of, this License or a future version | ||
59 | of this License issued under Section 6.1. For legal entities, "You" | ||
60 | includes any entity which controls, is controlled by, or is under common | ||
61 | control with You. For purposes of this definition, "control" means | ||
62 | (a) the power, direct or indirect, to cause the direction or management of such | ||
63 | entity, whether by contract or otherwise, or (b) ownership of fifty percent | ||
64 | (50%) or more of the outstanding shares or beneficial ownership of such entity. | ||
65 | |||
66 | 1.13. "Red Hat Branded Code" is code that Red Hat distributes and/or | ||
67 | permits others to distribute under different terms than the Red Hat eCos Public | ||
68 | License. Red Hat's Branded Code may contain part or all of the Covered Code. | ||
69 | |||
70 | 2. SOURCE CODE LICENSE | ||
71 | |||
72 | 2.1. The Initial Developer Grant. | ||
73 | The Initial Developer hereby grants You a world-wide, royalty-free, non- | ||
74 | exclusive license, subject to third party intellectual property claims: | ||
75 | |||
76 | (a) to use, reproduce, modify, display, perform, sublicense and distribute the | ||
77 | Original Code (or portions thereof) with or without Modifications, or as part | ||
78 | of a Larger Work; and | ||
79 | |||
80 | (b) under patents now or hereafter owned or controlled by Initial Developer, to | ||
81 | make, have made, use and sell ("Utilize") the Original Code (or | ||
82 | portions thereof), but solely to the extent that any such patent is reasonably | ||
83 | necessary to enable You to Utilize the Original Code (or portions thereof) and | ||
84 | not to any greater extent that may be necessary to Utilize further | ||
85 | Modifications or combinations. | ||
86 | |||
87 | 2.2. Contributor Grant. | ||
88 | Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive | ||
89 | license, subject to third party intellectual property claims: | ||
90 | |||
91 | (a) to use, reproduce, modify, display, perform, sublicense and distribute the | ||
92 | Modifications created by such Contributor (or portions thereof) either on an | ||
93 | unmodified basis, with other Modifications, as Covered Code or as part of a | ||
94 | Larger Work; and | ||
95 | |||
96 | (b) under patents now or hereafter owned or controlled by Contributor, to | ||
97 | Utilize the Contributor Version (or portions thereof), but solely to the extent | ||
98 | that any such patent is reasonably necessary to enable You to Utilize the | ||
99 | Contributor Version (or portions thereof), and not to any greater extent that | ||
100 | may be necessary to Utilize further Modifications or combinations. | ||
101 | |||
102 | 3. DISTRIBUTION OBLIGATIONS | ||
103 | |||
104 | 3.1. Application of License. | ||
105 | The Modifications which You create or to which You contribute are governed by | ||
106 | the terms of this License, including without limitation Section 2.2. The Source | ||
107 | Code version of Covered Code may be distributed only under the terms of this | ||
108 | License or a future version of this License released under Section 6.1, and You | ||
109 | must include a copy of this License with every copy of the Source Code You | ||
110 | distribute. You may not offer or impose any terms on any Source Code version | ||
111 | that alters or restricts the applicable version of this License or the | ||
112 | recipients' rights hereunder. However, You may include an additional document | ||
113 | offering the additional rights described in Section 3.5. | ||
114 | |||
115 | 3.2. Availability of Source Code. | ||
116 | Any Modification which You create or to which You contribute must be made | ||
117 | available in Source Code form under the terms of this License via an accepted | ||
118 | Electronic Distribution Mechanism to anyone to whom you made an Executable | ||
119 | version available and to the Initial Developer; and if made available via | ||
120 | Electronic Distribution Mechanism, must remain available for at least twelve | ||
121 | (12) months after the date it initially became available, or at least six (6) | ||
122 | months after a subsequent version of that particular Modification has been made | ||
123 | available to such recipients. You are responsible for ensuring that the Source | ||
124 | Code version remains available even if the Electronic Distribution Mechanism is | ||
125 | maintained by a third party. You are responsible for notifying the Initial | ||
126 | Developer of the Modification and the location of the Source if a contact means | ||
127 | is provided. Red Hat will be acting as maintainer of the Source and may provide | ||
128 | an Electronic Distribution mechanism for the Modification to be made available. | ||
129 | You can contact Red Hat to make the Modification available and to notify the | ||
130 | Initial Developer. (http://sourceware.cygnus.com/ecos/) | ||
131 | |||
132 | 3.3. Description of Modifications. | ||
133 | You must cause all Covered Code to which you contribute to contain a file | ||
134 | documenting the changes You made to create that Covered Code and the date of | ||
135 | any change. You must include a prominent statement that the Modification is | ||
136 | derived, directly or indirectly, from Original Code provided by the Initial | ||
137 | Developer and including the name of the Initial Developer in (a) the Source | ||
138 | Code, and (b) in any notice in an Executable version or related documentation | ||
139 | in which You describe the origin or ownership of the Covered Code. | ||
140 | |||
141 | 3.4. Intellectual Property Matters | ||
142 | (a) Third Party Claims. | ||
143 | If You have knowledge that a party claims an intellectual property right in | ||
144 | particular functionality or code (or its utilization under this License), you | ||
145 | must include a text file with the source code distribution titled | ||
146 | "LEGAL" which describes the claim and the party making the claim in | ||
147 | sufficient detail that a recipient will know whom to contact. If you obtain | ||
148 | such knowledge after You make Your Modification available as described in | ||
149 | Section 3.2, You shall promptly modify the LEGAL file in all copies You make | ||
150 | available thereafter and shall take other steps (such as notifying appropriate | ||
151 | mailing lists or newsgroups) reasonably calculated to inform those who received | ||
152 | the Covered Code that new knowledge has been obtained. | ||
153 | |||
154 | (b) Contributor APIs. | ||
155 | If Your Modification is an application programming interface and You own or | ||
156 | control patents which are reasonably necessary to implement that API, you must | ||
157 | also include this information in the LEGAL file. | ||
158 | |||
159 | 3.5. Required Notices. | ||
160 | You must duplicate the notice in Exhibit A in each file of the Source Code, and | ||
161 | this License in any documentation for the Source Code, where You describe | ||
162 | recipients' rights relating to Covered Code. If You created one or more | ||
163 | Modification(s), You may add your name as a Contributor to the Source Code. If | ||
164 | it is not possible to put such notice in a particular Source Code file due to | ||
165 | its structure, then you must include such notice in a location (such as a | ||
166 | relevant directory file) where a user would be likely to look for such a | ||
167 | notice. You may choose to offer, and to charge a fee for, warranty, support, | ||
168 | indemnity or liability obligations to one or more recipients of Covered Code. | ||
169 | |||
170 | However, You may do so only on Your own behalf, and not on behalf of the | ||
171 | Initial Developer or any Contributor. You must make it absolutely clear that | ||
172 | any such warranty, support, indemnity or liability obligation is offered by You | ||
173 | alone, and You hereby agree to indemnify the Initial Developer and every | ||
174 | Contributor for any liability incurred by the Initial Developer or such | ||
175 | Contributor as a result of warranty, support, indemnity or liability terms You | ||
176 | offer. | ||
177 | |||
178 | 3.6. Distribution of Executable Versions. | ||
179 | You may distribute Covered Code in Executable form only if the requirements of | ||
180 | Section 3.1-3.5 have been met for that Covered Code, and if You include a | ||
181 | notice stating that the Source Code version of the Covered Code is available | ||
182 | under the terms of this License, including a description of how and where You | ||
183 | have fulfilled the obligations of Section 3.2. The notice must be conspicuously | ||
184 | included in any notice in an Executable version, related documentation or | ||
185 | collateral in which You describe recipients' rights relating to the Covered | ||
186 | Code. You may distribute the Executable version of Covered Code under a license | ||
187 | of Your choice, which may contain terms different from this License, provided | ||
188 | that You are in compliance with the terms of this License and that the license | ||
189 | for the Executable version does not attempt to limit or alter the recipient's | ||
190 | rights in the Source Code version from the rights set forth in this License. If | ||
191 | You distribute the Executable version under a different license You must make | ||
192 | it absolutely clear that any terms which differ from this License are offered | ||
193 | by You alone, not by the Initial Developer or any Contributor. You hereby agree | ||
194 | to indemnify the Initial Developer and every Contributor for any liability | ||
195 | incurred by the Initial Developer or such Contributor as a result of any such | ||
196 | terms You offer. | ||
197 | |||
198 | If you distribute executable versions containing Covered Code, you must | ||
199 | reproduce the notice in Exhibit B in the documentation and/or other materials | ||
200 | provided with the product. | ||
201 | |||
202 | 3.7. Larger Works. | ||
203 | You may create a Larger Work by combining Covered Code with other code not | ||
204 | governed by the terms of this License and distribute the Larger Work as a | ||
205 | single product. In such a case, You must make sure the requirements of this | ||
206 | License are fulfilled for the Covered Code. | ||
207 | |||
208 | 4. INABILITY TO COMPLY DUE TO STATUTE OR REGULATION | ||
209 | |||
210 | If it is impossible for You to comply with any of the terms of this License | ||
211 | with respect to some or all of the Covered Code due to statute or regulation | ||
212 | then You must: (a) comply with the terms of this License to the maximum extent | ||
213 | possible; (b) cite the statute or regulation that prohibits you from adhering | ||
214 | to the license; and (c) describe the limitations and the code they affect. Such | ||
215 | description must be included in the LEGAL file described in Section 3.4 and | ||
216 | must be included with all distributions of the Source Code. Except to the | ||
217 | extent prohibited by statute or regulation, such description must be | ||
218 | sufficiently detailed for a recipient of ordinary skill to be able to | ||
219 | understand it. You must submit this LEGAL file to Red Hat for review, and You | ||
220 | will not be able use the covered code in any means until permission is granted | ||
221 | from Red Hat to allow for the inability to comply due to statute or regulation. | ||
222 | |||
223 | 5. APPLICATION OF THIS LICENSE | ||
224 | |||
225 | This License applies to code to which the Initial Developer has attached the | ||
226 | notice in Exhibit A, and to related Covered Code. | ||
227 | |||
228 | Red Hat may include Covered Code in products without such additional products | ||
229 | becoming subject to the terms of this License, and may license such additional | ||
230 | products on different terms from those contained in this License. | ||
231 | |||
232 | Red Hat may license the Source Code of Red Hat Branded Code without Red Hat | ||
233 | Branded Code becoming subject to the terms of this License, and may license Red | ||
234 | Hat Branded Code on different terms from those contained in this License. | ||
235 | Contact Red Hat for details of alternate licensing terms available. | ||
236 | |||
237 | 6. VERSIONS OF THE LICENSE | ||
238 | |||
239 | 6.1. New Versions. | ||
240 | Red Hat may publish revised and/or new versions of the License from time to | ||
241 | time. Each version will be given a distinguishing version number. | ||
242 | |||
243 | 6.2. Effect of New Versions. | ||
244 | Once Covered Code has been published under a particular version of the License, | ||
245 | You may always continue to use it under the terms of that version. You may also | ||
246 | choose to use such Covered Code under the terms of any subsequent version of | ||
247 | the License published by Red Hat. No one other than Red Hat has the right to | ||
248 | modify the terms applicable to Covered Code beyond what is granted under this | ||
249 | and subsequent Licenses. | ||
250 | |||
251 | 6.3. Derivative Works. | ||
252 | If you create or use a modified version of this License (which you may only do | ||
253 | in order to apply it to code which is not already Covered Code governed by this | ||
254 | License), you must (a) rename Your license so that the phrases | ||
255 | "ECOS", "eCos", "Red Hat", "RHEPL" or | ||
256 | any confusingly similar phrase do not appear anywhere in your license and (b) | ||
257 | otherwise make it clear that your version of the license contains terms which | ||
258 | differ from the Red Hat eCos Public License. (Filling in the name of the | ||
259 | Initial Developer, Original Code or Contributor in the notice described in | ||
260 | Exhibit A shall not of themselves be deemed to be modifications of this | ||
261 | License.) | ||
262 | |||
263 | 7. DISCLAIMER OF WARRANTY | ||
264 | |||
265 | COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, | ||
266 | WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT | ||
267 | LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, | ||
268 | FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE | ||
269 | QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED | ||
270 | CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY | ||
271 | OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR | ||
272 | CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS | ||
273 | LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS | ||
274 | DISCLAIMER. | ||
275 | |||
276 | 8. TERMINATION | ||
277 | |||
278 | This License and the rights granted hereunder will terminate automatically if | ||
279 | You fail to comply with terms herein and fail to cure such breach within 30 | ||
280 | days of becoming aware of the breach. All sublicenses to the Covered Code which | ||
281 | are properly granted shall survive any termination of this License. Provisions | ||
282 | which, by their nature, must remain in effect beyond the termination of this | ||
283 | License shall survive. | ||
284 | |||
285 | 9. LIMITATION OF LIABILITY | ||
286 | |||
287 | UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING | ||
288 | NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER | ||
289 | CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH | ||
290 | PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, | ||
291 | INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT | ||
292 | LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR | ||
293 | MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH | ||
294 | PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS | ||
295 | LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL | ||
296 | INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW | ||
297 | PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR | ||
298 | LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND | ||
299 | LIMITATION MAY NOT APPLY TO YOU. | ||
300 | |||
301 | 10. U.S. GOVERNMENT END USERS | ||
302 | |||
303 | The Covered Code is a "commercial item," as that term is defined in | ||
304 | 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer | ||
305 | software" and "commercial computer software documentation," as | ||
306 | such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. | ||
307 | 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. | ||
308 | Government End Users acquire Covered Code with only those rights set forth | ||
309 | herein. | ||
310 | |||
311 | 11. MISCELLANEOUS | ||
312 | |||
313 | This License represents the complete agreement concerning subject matter | ||
314 | hereof. If any provision of this License is held to be unenforceable, such | ||
315 | provision shall be reformed only to the extent necessary to make it | ||
316 | enforceable. This License shall be governed by California law provisions | ||
317 | (except to the extent applicable law, if any, provides otherwise), excluding | ||
318 | its conflict-of-law provisions. With respect to disputes in which at least one | ||
319 | party is a citizen of, or an entity chartered or registered to do business in, | ||
320 | the United States of America: (a) unless otherwise agreed in writing, all | ||
321 | disputes relating to this License (excepting any dispute relating to | ||
322 | intellectual property rights) shall be subject to final and binding | ||
323 | arbitration, with the losing party paying all costs of arbitration; (b) any | ||
324 | arbitration relating to this Agreement shall be held in Santa Clara County, | ||
325 | California, under the auspices of JAMS/EndDispute; and (c) any litigation | ||
326 | relating to this Agreement shall be subject to the jurisdiction of the Federal | ||
327 | Courts of the Northern District of California, with venue lying in Santa Clara | ||
328 | County, California, with the losing party responsible for costs, including | ||
329 | without limitation, court costs and reasonable attorneys fees and expenses. The | ||
330 | application of the United Nations Convention on Contracts for the International | ||
331 | Sale of Goods is expressly excluded. Any law or regulation which provides that | ||
332 | the language of a contract shall be construed against the drafter shall not | ||
333 | apply to this License. | ||
334 | |||
335 | 12. RESPONSIBILITY FOR CLAIMS | ||
336 | |||
337 | Except in cases where another Contributor has failed to comply with Section | ||
338 | 3.4, You are responsible for damages arising, directly or indirectly, out of | ||
339 | Your utilization of rights under this License, based on the number of copies of | ||
340 | Covered Code you made available, the revenues you received from utilizing such | ||
341 | rights, and other relevant factors. You agree to work with affected parties to | ||
342 | distribute responsibility on an equitable basis. | ||
343 | |||
344 | 13. ADDITIONAL TERMS APPLICABLE TO THE RED HAT ECOS PUBLIC LICENSE | ||
345 | |||
346 | Nothing in this License shall be interpreted to prohibit Red Hat from licensing | ||
347 | under different terms than this License any code which Red Hat otherwise would | ||
348 | have a right to license. | ||
349 | |||
350 | Red Hat and logo - This License does not grant any rights to use the trademark | ||
351 | Red Hat, the Red Hat logo, eCos logo, even if such marks are included in the | ||
352 | Original Code. You may contact Red Hat for permission to display the Red Hat | ||
353 | and eCos marks in either the documentation or the Executable version beyond | ||
354 | that required in Exhibit B. | ||
355 | |||
356 | Inability to Comply Due to Contractual Obligation - To the extent that Red Hat | ||
357 | is limited contractually from making third party code available under this | ||
358 | License, Red Hat may choose to integrate such third party code into Covered | ||
359 | Code without being required to distribute such third party code in Source Code | ||
360 | form, even if such third party code would otherwise be considered | ||
361 | "Modifications" under this License. | ||
362 | |||
363 | EXHIBIT A | ||
364 | |||
365 | "The contents of this file are subject to the Red Hat eCos Public License | ||
366 | Version 1.1 (the "License"); you may not use this file except in | ||
367 | compliance with the License. You may obtain a copy of the License at http:// | ||
368 | www.redhat.com/ | ||
369 | |||
370 | Software distributed under the License is distributed on an "AS IS" | ||
371 | basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License | ||
372 | for the specific language governing rights and limitations under the License. | ||
373 | |||
374 | The Original Code is eCos - Embedded Configurable Operating System, released | ||
375 | September 30, 1998. The Initial Developer of the Original Code is Red Hat. | ||
376 | Portions created by Red Hat are Copyright (C) 1998, 1999, 2000 Red Hat, Inc. | ||
377 | All Rights Reserved." | ||
378 | |||
379 | EXHIBIT B | ||
380 | |||
381 | Part of the software embedded in this product is eCos - Embedded Configurable | ||
382 | Operating System, a trademark of Red Hat. Portions created by Red Hat are | ||
383 | Copyright (C) 1998, 1999, 2000 Red Hat, Inc. (http://www.redhat.com/). All | ||
384 | Rights Reserved. | ||
385 | |||
386 | THE SOFTWARE IN THIS PRODUCT WAS IN PART PROVIDED BY RED HAT AND ANY EXPRESS OR | ||
387 | IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF | ||
388 | MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO | ||
389 | EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, | ||
390 | EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT | ||
391 | OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS | ||
392 | INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN | ||
393 | CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING | ||
394 | IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY | ||
395 | OF SUCH DAMAGE. | ||
396 | |||
397 | |||
398 | |||
399 | |||
400 | |||
401 | |||