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The Metasploit Framework License v1.0
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2006-05-06 17:14:06 +00:00
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Copyright (C) 2006 Metasploit LLC
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Definitions
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a. "License" means this particular version of this document (or, where
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specifically indicated, a successor iteration of the License officially
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issued/announced by the Developer).
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b. "Software" means any software that is distributed under the terms of
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this License.
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c. "Extension" means any enhancement to the Software that does not require
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modification of the Software itself. "Extensions" include any module or
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plug-in that is intended (by design and coding) to, or can, be
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dynamically loaded by the Software.
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d. "Developer" means the then-current copyright holder(s) of the Software,
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including, but not limited to, the Metasploit personnel and any
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third-party contributors (or their successor[s]/transferee[s])).
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e. "Documentation" means any end user, technical/programmer, network
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administrator, or other manual(s), tutorial(s), or code sample(s)
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provided or offered by Developer with the Software, excluding those items
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created by a third party.
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f. "Use" means to download, install, access, copy, execute, sell, or
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otherwise benefit from the Software (directly or indirectly, with or
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without notice or knowledge of the Software's incorporation or
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utilization in any larger application or product).
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g. "You" means the individual or organization that is using the Software
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under the conditions of the License.
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h. "Interface" means to execute, parse, or otherwise benefit from the use
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of the Software.
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i. "Interaction Software" means any external software program or library
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that interfaces with, but is not a component or subset of, the Software.
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License Grants
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1. Provided that You both agree to and do comply with any and all
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conditions and requirements in this License, You are granted the
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non-exclusive rights specified in this License . Use of any of the
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Software in any form and to any extent signifies acceptance of this
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License. If You do not agree to all of these terms, then do not use the
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Software and immediately remove all copies of the Software, the
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Documentation, and any other items provided under the License.
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2. Provided that -each- of the following necessary, express conditions are
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met, You may copy and distribute the Software:
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a. The Software that You received is distributed unmodified, including but
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not restricted to You maintaining (and not supplementing, removing, or
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modifying) the same copyright, trademark notices and disclaimers in the
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exact wording as released by the Developer.
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b. The Software is distributed without any charge, beyond (at Your option)
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the reasonable costs of data transfer or storage media. You may -not- (i)
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sell, lease, rent, or otherwise charge for the Software, (ii) include any
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component or subset of the Software in any commercial application or
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product, or (iii) sell, lease, rent, or otherwise charge for any
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appliance (i.e., hardware, peripheral, personal digital device, or other
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electronic product) that includes any component or subset of the
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Software.
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3. You -may- use the Software to provide some service(s) and charge for
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the service(s), provided that the recipient of the service is clearly
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informed in writing (including via electronic notice or on-screen
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display, without paper notice) of both (a) the existence, name/trademark,
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and use of the Software in relation to the service and (b) where the
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recipient of the service may obtain a copy of the Software (e.g., refer
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them to www.metasploit.com).
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4. You may make modifications (i.e., additions) to the Software and
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distribute Your modifications, but solely in a form that is -separate-
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from the Software, such as patches. The following restrictions apply to
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modifications:
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a. Modifications must not alter, supplement, or remove any copyright,
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trademark, or other proprietary right(s) or legal notices or licensing
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terms displayed by or provided with the Software.
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b. When any modification to the Software is released by You under this
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License, You hereby grant and agree to grant a non-exclusive royalty-free
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right, to both (i) the Developer and (ii) any of Developer's later
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licensees, successors, or partners, to distribute Your modification(s) in
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future versions of the Software provided that such versions remain
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available under the terms of this License (or any other later-adopted
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license(s) of the Developer).
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5. You may develop Extensions to the Software and distribute these
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Extensions under any license You see fit, as long as -each- of the
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following conditions are met:
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a. The Extension, when installed with the Software, must -not- modify any
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of the behavior (change the display, modify the available commands, etc)
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of the Software until the user explicitly requests (e.g., by invoking or
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exercising a command or feature are a screen display or other express
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notification of the new code's existence and function) that the Extension
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should be activated.
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b. The Extension may programmatically execute (e.g., call a method) code
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provided by this Software, but may not include or create copies of the
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Software (modified or otherwise) in the Extension itself.
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c. The Extension may -not- modify the user interface or output of the
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Software such that the Software copyright(s), licensing terms, or title
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of the Software is/are no longer visible to the user or are changed or
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supplemented.
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6. You may develop external software components that interface with the
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Software and distribute these components, provided that -each- of the
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following conditions are met:
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a. The external software component is distributed without any charge
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beyond the reasonable costs of data transfer or storage media. You may
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not sell the external software component or sell an appliance that
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includes the software component.
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b. The external software component clearly indicates to the user, via the
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user interface and/or program output, both (a) the role of the Software
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in the component and (b) where the user may obtain a copy of the
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Software.
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c. The external software component does not modify, supplement, or obscure
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the user interface or output of the Software such that the title of the
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Software, the copyrights and trademark notices in the Software, or the
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licensing terms of the Software are removed, hidden, or made less likely
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to be discovered and read.
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Online Updates
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The Software includes the ability to download updates (i.e., additional
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code) from the Developer's server(s). These updates may contain bug
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fixes, new functionality, updated Documentation, and/or Extensions. When
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retrieving these updates, the Software may transmit the Software version
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and operating system information from Your computer to the update server.
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The server may record (store) this information, in conjunction with the
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IP (global Internet Protocol) address of the user, in order to attempt to
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maintain accurate end user / version statistics. By using the online
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update feature, You hereby agree to allow this information to be
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transmitted, recorded, and stored in any nation by or for the Developer.
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Proper Use
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As an express condition of this License, You agree that You will use the
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Software -solely- in compliance with all then-applicable local, state,
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national, and international laws, rules and regulations as may be amended
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or supplemented from time to time, including any then-current laws and/or
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regulations regarding the transmission and/or encryption of technical
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data exported from or imported into Your country of residence. Violation
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of any of the foregoing may result in immediate, automatic termination of
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this License without notice, and may subject You to state, national
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and/or international penalties and other legal consequences.
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Copyright and Trademark
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Product names, words or phrases mentioned in this License or the Software
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may be trademark(s) or servicemark(s) of the Developer registered in
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certain nations and/or of third parties. You may not alter or supplement
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the copyright or trademark notices as contained in the Software.
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License Termination
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This License is effective until terminated. This License will terminate
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immediately without notice from the Developer if You breach or fail to
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comply with any provision of this License. Upon such termination You must
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destroy the Software, all accompanying written materials, and all copies
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thereof.
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Limitations of Liability
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In no event will the Developer, any contributor, owner, or licensee, or
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any third party affiliated with Developer be liable to You or any third
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party for any consequential, incidental, indirect or special damages
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whatsoever (including, without limitation, loss of expected savings, loss
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of confidential information, presence of viruses, damages for loss of
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profits, business interruption, loss of business information and the like
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or otherwise) or any related expense whether foreseeable or not, arising
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out of the use of or inability to use or any failure of the Software or
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accompanying materials, regardless of the basis of the claim and even if
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the Developer or a Developer's representative has been advised of the
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possibility of such damage, and even in the event of the failure of an
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exclusive remedy. You hereby acknowledge, by using the Software, the
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reasonability of this liability limitation provision, that Developer
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would not offer the Software without the inclusion and enforceability of
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this provision, and that You (and not the Software) are solely
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responsible for Your network, data, and application security testing,
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planning , audits, updates, and training, which require regular analysis,
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supplementing, and expertise.
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No Warranty
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The Software and this License document are provided AS IS with NO WARRANTY
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OF ANY KIND, INCLUDING THE WARRANTY OF DESIGN, MERCHANTABILITY, TITLE, OR
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FITNESS FOR A PARTICULAR PURPOSE.
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Indemnification
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You agree to indemnify, hold harmless, and defend the Developer and
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Developer's owners, contributors, agents, and business partners from and
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against any and all claims or actions including reasonable legal expenses
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that arise or result from Your use of or inability to use the Software.
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Developer agrees to notify You and reasonably cooperate with Your defense
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of any third party claim triggering such indemnification.
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Miscellaneous
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If any part of this License is found void and unenforceable, it will not
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affect the validity of the balance of the License, which shall remain
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valid and enforceable to the maximum extent according to its terms.
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Choice of Law; Venue
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The License will be construed, interpreted and governed by the laws of
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Texas, USA, without regard to its conflict of law rules. Any litigation
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related to this License must be filed and heard in the courts for Travis
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County, Texas.
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