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Usablenet Assistive License

Usablenet Inc.
28 W. 23rd Street, 6th Floor - New York, NY 10010, USA
Ph: +1 (212) 965 5388
Fax: +1 (212) 965 5391
Email: tt.support@usablenet.com
www.usablenet.com
 

Table of Contents


 

1. About Usablenet Assistive


Usablenet Assistive was developed in conjunction with a University research team called Modostar. The team created a set of rules to apply to sites and an interface to ensure the easiest use of content for a wide range of disabled users.

Usablenet Assistive is a server-based tool that generates a customizable "text-only" view of your content, instantly. It removes the need for you to generate, store and maintain your own text-only version and makes your pages instantly more accessible allowing you to create content without hindering design time.

Usablenet Assistive is not a testing or fixing solution. It is a display service - the tool will display your current content in the best possible textual format to be accessed by disabled visitors and PDAs and cell phones users. Usablenet Assistive hides some accessibility defects so that they do not hinder the experience of using your text-only site.

Usablenet Assistive allows you to easily and quickly add the valuable "text-only" version to every page on your web site, providing the best possible access to your site for people with disabilities. Using text-only mode, the user can navigate all pages and all content without having to ever go back to graphical pages.

We will be happy to hear from you about this product: please send us your suggestions, criticism or feedback: tt.support@usablenet.com.

UsableNet's staff
101 Avenue of the Americas - Suite 1201, New York, NY 10013, USA
Ph: +1 (212) 965 5388
Fax: +1 (212) 965 5391

 

2. Server license agreement for Usablenet Assistive


IMPORTANT-READ CAREFULLY: This UsableNet Server License Agreement (this "SLA") is a legal agreement between you (either an individual or a single entity) and UsableNet Inc. ("UsableNet") for the UsableNet software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (the "SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this SLA. If you do not agree to the terms of this SLA, do not install or use the SOFTWARE PRODUCT.

Subsections:

 

2.1. Software product license


The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

  1. GRANT OF LICENSE. This SLA grants you the following rights:

    You may use the SOFTWARE PRODUCT only so that it processes web pages that are hosted on web servers whose number does not exceed the limit stated in the license you have purchased from UsableNet. The maximum number of web servers to which the SOFTWARE PRODUCT can be applied under this SLA is indicated either on your UsableNet purchase order or on the paper copy of this license agreement delivered with any physical media containing the SOFTWARE PRODUCT. You cannot deploy the SOFTWARE PRODUCT in such a way that it processes web pages that are hosted by a number of web servers that exceeds the limit stated in the license you have purchased from UsableNet. UsableNet hereby retains all rights not specifically granted by this grant of license.

    In the context of this SLA, "use of the SOFTWARE PRODUCT" means installing the SOFTWARE PRODUCT in one or more computers legally owned by you or legally owned by your employer or managed by you.

  2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
    1. Backup Copies.

      You may make as many copies of the SOFTWARE PRODUCT as are reasonably necessary solely for backup and archival purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the SOFTWARE PRODUCT.

    2. Limitations on Reverse Engineering, Decompilation, and Disassembly.

      You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT.

    3. Separation of Components.

      The SOFTWARE PRODUCT is licensed as a single product. Its server component parts may not be separated for use on more than one computer server.

    4. Not for Resell or Distribution.

      You may not resell, distribute, rent, lease, sublicense, or lend the SOFTWARE PRODUCT for any commercial or other purpose.

    5. Support Services.

      UsableNet may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the UsableNet policies and programs may be described in the user manual, in "online" documentation, and/or in other UsableNet-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this SLA. With respect to technical information you provide to UsableNet as part of the Support Services, UsableNet may use such information for its business purposes, including product support and development. UsableNet will not utilize such technical information in a form that personally identifies you.

    6. Software Transfer.

      You may permanently transfer all of your rights under this SLA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this SLA), and the recipient agrees to the terms of this SLA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.

    7. Termination.

      Without prejudice to any other rights, UsableNet may terminate this SLA if you or other authorized users fail to comply with the terms and conditions of this SLA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

    8. Trial and/or Demo Software.

      If the SOFTWARE PRODUCT is designated as a "trial" and/or "demo" version, then you may install and use such trial or demo version of the SOFTWARE PRODUCT for 14 days commencing on the date the SOFTWARE PRODUCT is initially installed on a machine; provided that your use is limited to evaluating the SOFTWARE PRODUCT for such 14-day period. The trial and/or demo version may have limited features, lack the ability for the end user to save the end product, and will cease operating after such 14-day period has lapsed.

    9. Educational Version.

      If the SOFTWARE PRODUCT is designated "Educational," it may only be used by students and faculty of educational institutions and you may only install and run the SOFTWARE PRODUCT on machinery physically located in a qualified educational facility.

  3. UPGRADES.

    If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by UsableNet as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this SLA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package.

  4. OWNERSHIP BY USABLENET.

    All rights, titles and interests in and to the SOFTWARE PRODUCT (including but not limited to any code, images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), and any copies of the SOFTWARE PRODUCT, including all documentation, and/or in other UsableNet-provided materials related to the SOFTWARE PRODUCT are owned by UsableNet or its licensors. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single server provided you keep the original solely for backup or archival purposes.

  5. U.S. GOVERNMENT RESTRICTED RIGHTS.

    The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure is subject to restrictions by the United States Government as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or sub-paragraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.

 

2.2. Miscellaneous


  1. GOVERNING LAW.

    This SLA is governed by the laws of the State of New York without regard to conflicting provisions thereof.

  2. LIMITED WARRANTY.

    UsableNet does not claim that the operation of the SOFTWARE PRODUCT will be error free.

  3. NO OTHER WARRANTIES.

    THE SOFTWARE PRODUCT IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USABLENET HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. USABLENET DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. You acknowledge that the SOFTWARE PRODUCT is not intended for use in the operation of nuclear facilities, aircraft navigation or communication systems, or air traffic control machines in which case the failure of the SOFTWARE PRODUCTS could lead to death, personal injury, or severe physical or environmental damage.

  4. LIMITATION OF LIABILITY.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL USABLENET OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF USABLENET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, USABLENET'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS SLA SHALL BE LIMITED TO U.S.$50.00. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  5. DISCLAIMER ON SECTION 508 AND W3C WCAG.

    UsableNet cannot and does not warrant or ensure that the SOFTWARE PRODUCT will make your web site or any web site conform to any particular law, regulation or rule, including Section 508 of the Workforce Investment Act of 1998 and W3C Web Content Accessibility Guideline requirements. The SOFTWARE PRODUCT does not ensure an accessible website. The only way to ensure that a Web site is accessible is through deliberate development, testing and evaluation informed by human judgment.

 

3. Terms of service for Usablenet Assistive: Managed Service


IMPORTANT-READ CAREFULLY: The UsableNet Service ("Service"), owned and operated by UsableNet Inc. ("UsableNet"), is provided to you ("Member") under the terms and conditions of the Terms of Service ("TOS"), as amended by UsableNet from time-to-time as set forth herein, and any operating rules and policies that may be published by UsableNet. The TOS comprises the entire agreement between Member and UsableNet and supersedes all prior agreements between the parties regarding the subject matter contained herein.

This UsableNet TOS is a legal agreement between you (either an individual or a single entity) and UsableNet Inc. for the use of the UsableNet software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (the "SOFTWARE PRODUCT"). In the context of this TOS, "use of the SOFTWARE PRODUCT" means coding web pages in such a way that certain links and functionalities, when operated by web visitors, can activate the SOFTWARE PRODUCT. By using the SOFTWARE PRODUCT, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TOS. If you do not agree to the terms of this TOS, do not use the SOFTWARE PRODUCT.

Subsections:

 

3.1. Service description, rights and limitations


The SOFTWARE PRODUCT upon which the Service is based is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

  1. Service description:

    By completing the purchase of the Service, Members can add to the pages of their web sites appropriate links and coding so that when these pages are operated by web visitors, the SOFTWARE PRODUCT installed and managed on computers owned or managed by UsableNet Inc. is activated and its results are delivered to the web visitor.

    Members may use the SOFTWARE PRODUCT only so that it processes web pages that are hosted on one or more web servers whose name is communicated to UsableNet's staff at the time of purchase of the Service and within the limit agreed at the time of purchase of the Service. Members cannot deploy the SOFTWARE PRODUCT in such a way that it processes web pages that are hosted by a number of web servers that exceeds the limit stated in the purchase contract from UsableNet.

    Member must: (1) supply the information required to set up the Service and list the web server names to be serviced; (2) provide for its own access to the World Wide Web and pay for any telephone service fees associated with such a service; and (3) provide a Contact Person that will be responsible for appropriate communication between Member and UsableNet. If any such information provided to UsableNet by Member is inaccurate, UsableNet shall have the right to terminate Member's membership and Member's right to use the Service.

  2. Member representation:

    Member hereby represents and warrants, for any web server on which the Service is applied, that he or she is either the legal owner of the URL, an employee of the legal owner of the URL, or has obtained express prior written permission from the legal owner of the URL to apply the Service on pages hosted by that web server.

    Member understands that according to the Service, the server(s) on which the Service is based can acquire, process and transform the content, structure, presentation and coding of web pages on which it is applied. Member agrees that this is not considered a copyright infringement by UsableNet.

  3. Compensation for Service:

    As consideration for the Service, Member agrees to pay UsableNet a subscription fee for each web server that uses the Service. The subscription fee will be set at the time the purchase of Service is performed or at the time the Service is renewed. The amount of the subscription fee depends upon which service package is selected. Unless prior written arrangement has been made between Member and UsableNet, Member shall be billed at the beginning of each subscription period. Bills are due within 30 days of mailing.

  4. No warranties:

    MEMBER EXPRESSLY AGREES THAT THE USE OF THE SERVICE IS AT THE MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USABLENET EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USABLENET MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USABLENET MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. USABLENET MAKES NO WARRANTY THAT DEFECTS IN ITS SOFTWARE WILL BE CORRECTED.

  5. Modifications to Terms of Service:

    UsableNet may change the terms and conditions of the TOS from time to time. Upon any change in the terms and conditions of the TOS, UsableNet will notify the Member by written or email means. In order to continue, Member must first agree to be bound by the changes in the TOS by responding in written or email form. If Member does not respond, UsableNet may, at its option, terminate your Service account at any time thereafter.

  6. Modifications to Service:

    UsableNet reserves the right to modify or discontinue the Service with or without prior notice to Member. UsableNet shall not be liable to Member or any third party should UsableNet exercise its right to modify or discontinue the Service.

  7. Complimentary services:

    UsableNet may offer from time to time Services free of charge to Member ("Complimentary Services"). UsableNet may modify or discontinue the Complementary Services at any time with or without prior notice to Member. UsableNet shall not be liable to Member or any other party if UsableNet modifies or discontinues any Complimentary Service at any time. Neither all nor a portion of Member's subscription fee shall be refunded if UsableNet modifies or discontinues any Complementary Service. As of the date of this TOS, the current Complimentary Services include customization of the SOFTWARE PRODUCT.

  8. Termination:

    Either Member or UsableNet may terminate the Service with or without cause at any time, effective immediately, without prior notice. Termination shall be effected by a written or email notice to the other party. Notices of termination initiated by Member and sent via email shall be addressed to tt.support@usablenet.com. UsableNet shall not be liable to Member or to any other party for any termination of the Service. If Member objects to any terms and conditions of this TOS, or to any subsequent modification hereto, or becomes dissatisfied with the Service in any way, Member's only recourse is: (1) to discontinue use of the Service; (2) to terminate Service membership; and (3) to notify UsableNet of such termination. Upon termination of the Service, Member's right to use the Service immediately ceases. Member shall have no right, and UsableNet shall have no obligation thereafter, to forward any monitoring data associated with Member's Service account. Upon termination of the Service, Member remains liable for charges accrued in the current month up to and including the day of termination, and for any outstanding charges from previous months.

  9. Suspension of Service:

    UsableNet reserves the right to suspend the Service with or without cause at any time, effective immediately. Any such suspension will be accompanied by a written or email notice sent to the Contact Person listed in Member's information.

  10. No resale of Service:

    Member's right to use the Service is specific to Member. Member may be an individual, a corporation, or any other legal entity. Member shall not resell or make any commercial use of the Service or assign any rights under this TOS without the expressed prior written consent of UsableNet.

  11. Limitation of liability:

    USABLENET SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM MEMBER'S USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR RESULTING FROM UNAUTHORIZED USE OF THE MEMBER'S SERVICE ACCOUNT OR ACCOUNT INFORMATION OR DATA, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES.

  12. Indemnification:

    Member hereby expressly agrees, to the fullest extent permitted by law, to indemnify UsableNet, and each of its officers, directors, employees, attorneys, agents and representatives, against, and to hold it and them harmless from, all losses, claims, damages, liabilities, costs (including without limitation attorneys' fees and expenses) and expenses arising out of, caused by or based upon either (1) Member's use of the Service to test a URL, (2) the violation of these TOS by Member, or (3) the infringement by Member, or any other person using the Service through Member's Service account, of any intellectual or other property right of any person or entity.

  13. Proprietary rights to content:

    Member acknowledges that content, including without limitation text, software, graphics and other material presented to Member as part of the Service ("Content") by UsableNet, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Therefore, Member is only permitted to use the Content as expressly authorized by UsableNet. Member may not copy, reproduce or distribute the Content, or create derivative works based on the Content, without the express prior written consent to do so by UsableNet.

  14. Support services:

    UsableNet may provide you with support services related to the SOFTWARE PRODUCT and/or SERVICE ("Support Services"). Use of Support Services is governed by the UsableNet policies and programs may be described in the user manual, in "online" documentation, and/or in other UsableNet-provided materials. With respect to technical information you provide to UsableNet as part of the Support Services, UsableNet may use such information for its business purposes, including product support and development. UsableNet will not utilize such technical information in a form that personally identifies you.

  15. Ownership by UsableNet.

    All right, title and interest in and to the SOFTWARE PRODUCT (including but not limited to any code, images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), and any copies of the SOFTWARE PRODUCT, including all documentation, and/or in other UsableNet-provided materials related to the SOFTWARE PRODUCT are owned by UsableNet or its licensors. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions.

  16. U.S. GOVERNMENT RESTRICTED RIGHTS.

    The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or sub-paragraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.

 

3.2. Miscellaneous


  1. GOVERNING LAW.

    This TOS is governed by the laws of the State of New York without regard to conflicting provisions thereof.

  2. LIMITED WARRANTY.

    UsableNet does not represent or warrant that the operation of the SERVICE will be error free.

  3. NO OTHER WARRANTIES.

    THE SOFTWARE PRODUCT AND THE SERVICE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USABLENET HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT OR SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. USABLENET DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT OR SERVICE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT OR SERVICE WILL BE CORRECTED. You acknowledge that the SOFTWARE PRODUCT OR SERVICE is not intended for use in the operation of nuclear facilities, aircraft navigation or communication systems, or air traffic control machines in which case the failure of the SOFTWARE PRODUCTS or SERVICE could lead to death, personal injury, or severe physical or environmental damage.

  4. LIMITATION OF LIABILITY.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL USABLENET OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR SERVICE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF USABLENET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, USABLENET'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS TOS SHALL BE LIMITED TO U.S.$50.00. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  5. DISCLAIMER ON SECTION 508 AND W3C WCAG.

    UsableNet cannot and does not warrant or ensure that the SOFTWARE PRODUCT or SERVICE will make your web site or any web site conform to any particular law, regulation or rule, including Section 508 of the Workforce Investment Act of 1998 and W3C Web Content Accessibility Guideline requirements. The SOFTWARE PRODUCT or SERVICE does not ensure an accessible website. The only way to ensure that a Web site is accessible is through deliberate development, testing and evaluation informed by human judgment.