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AGPL-3.0

平台经济期末项目-N组

案例研究——饿了么

平台简介

“饿了么”是2008年创立的本地生活平台,主营在线外卖、新零售、即时配送和餐饮供应链等业务。创业10年,饿了么以“Everything 30min”为使命,致力于用科技打造本地生活服务平台,推动了中国餐饮行业的数字化进程,将外卖培养成中国人继做饭、堂食后的第三种常规就餐方式。


平台理论

平台的基本结构

在《平台革命》中,三位作者指出,平台的最基本结构是:参与者 + 价值单元 + 过滤器 = 核心互动。在这个等式中,参与者就是生产者与消费者。价值单元(value unit)也是核心概念,可以简单地理解为产品或服务,它由生产者生产出来、被消费者消费。“单元”指的是单一元素,比如一个视频、一次打车、一个商品等。同时,互联网平台所起的关键作用就是“过滤器”,也就是把有需求的生产者和消费者匹配起来。

工具与服务

优秀的平台是“平台画布”在第二层提供的,邱达利称之为“工具与服务”,可细分为:生产者用于创造的工具与服务;平台运营者进行策展(也称内容管理,curation)的工具与服务,以及平台运营者或用户进行个性化的工具与服务;消费者用于消费价值单元的工具与服务。

吸引、促进、匹配:平台设计的方式

  • 总的来说,平台的角色实际上是“3+1”;3是只为了平台能够运转的三方面:拉动(pull),吸引供需双方;促成(facilitate),提供交互的工具;匹配(match),匹配交易双方。1是指为自身利益要做的变现。
  • 核心交互就是平台设计的理由,平台的整个目标就是要使核心交互成为可能。
  • 为了拥有更多价值的核心交互,平台必须发挥三个关键功能:吸引、促进、匹配。
  • 平台想要成功,这三个功能必须要完美地发挥。

变现、盈利化

  • 在平台画布的最后一层,是平台所协调的货币的交换,以及平台作为一个商业公司要关心的:自身如何获得收入,这也称为变现(monetization)。
  • 将一个平台进行盈利化的技巧包括收取交易费、收取用户增强型接入费用、向第三方供应商收取社区准入费以及收取增强型内容管理的订阅费。

衡量指标

  • 平台的生命周期分为三阶段:初创阶段、发展阶段、成熟阶段
  • 阿姆瑞特·蒂瓦纳是美国佐治亚大学的一位教授,他认为适用于已经达到成熟阶段的信息技术平台的衡量指标应该符合三项要求,即推动创新、具有很高的信噪比,以及促进资源分配。
  • 确保衡量指标符合3A原则:切实可行、易于获取、易于审核
  • 在成熟阶段,平台企业应关注通过识别可以为用户创造价值的新功能推动创新的一些衡量指标,以及可以识别竞争对手对平台构成的,需要应对的战略威胁的一些衡量指标。

平台中国案例分析成果

平台的基本结构分析

  • 参与者 : “饿了么”的参与者主要有两种,包括:生产者——提供外卖服务的商家(餐厅等)、消费者——某时间段想吃东西的人。
  • 价值单元:在交互的过程中,提供外卖服务的商家会分享其店铺位置、提供各款美食的相关信息(价格、余量)来显示目前的可利用状态,这些是可以帮助他们寻找适当消费者(想吃东西的人)的价值单元,而最终产出的价值单元即为“用户一次成功地下订单付款”。
  • 过滤器:“饿了么”作为连接外卖商家和想吃东西的人的“桥梁”,同时也是起到关键作用的“过滤器”,促使他们进行信息交换。其中,“搜索请求”就是一种过滤器,想吃东西的人会搜索相关词条来寻找他们感兴趣的美食,比如说“寿司”、“烧烤”、“奶茶”等。此外,“筛选功能”也是一种过滤器,消费者(想吃东西的人)可以按照店铺距离、销量、好评度、等因素来获取排序不同的商家列表。
  • 核心互动:当消费者(想吃东西的人)选择了想吃的美食、填写自己的位置信息并付款后,这样,信息就会被交换。信息交换完成时,其他活动便会开始。附近提供外卖服务的商家(配送员)将消费者所选择的美食送到他们手中。核心交互就此完成,价值也因此被创造和交换。

工具与服务分析

  • 生产者用于创造的工具与服务:外卖商家主要使用客户端——“饿了么商家版”来管理自己的店铺,借助该应用来实现商品(美食)相关信息管理、店铺信息、订单处理、开店时间设置、账单查询等操作。此外,平台还提供其他的服务给外卖商家,例如“店铺装修”、“管店神器”等服务。

  • 平台运营者进行策展的工具与服务:外卖商铺需要通过相关审核(门脸照片、店内照片、门店logo、身份证照片、营业执照、餐饮服务许可证或其他食品流通许可证等有效证件)才有在平台上进行信息交换的机会。

  • 平台运营者或用户进行个性化的工具与服务:商家可以通过“店铺装修”、“管店神器”等服务来对线上商铺进行个性化处理。

  • 消费者用于消费价值单元的工具与服务:对于消费者(想吃东西的人)来说,工具主要是“饿了么”APP提供的“筛选器”、“搜索框”等,他们可以通过这些工具快速定位到自己想吃的东西。此外,平台给消费者(想吃东西的人)的服务还有“超级会员”、“跑腿”这些收费服务,也方便了部分用户。


平台的设计方式分析

  • 吸引:对于“饿了么”的生产者(外卖商家),平台提供“饿了么商家版”给商家。外卖商家可以自行管理自己的线上店铺信息,在线下营业的同时,在线上出售自己的商品,以促进营业的增长。对于消费者(想吃东西的人),“饿了么”满足当下消费者对“方便、快捷”的需求。另外,“饿了么”也采用“新用户首单减15 ”、“红包”等福利的形式,来吸引消费者(想吃东西的人)、增强用户对平台的黏性。

  • 促进:“饿了么”提供管理工具(商家版)给商家在平台上管理自己的店铺信息,方便快捷地创造和交换商品与服务。

  • 匹配:“饿了么”提供的“过滤器”——“筛选功能”、“搜索功能”让消费者(想吃东西的人)和生产者(外卖商家)进行信息交换。这些“过滤器”能快速精确地帮消费者定位自己感兴趣的美食,同时促进信息交换的效率。


变现、盈利化分析

“饿了么”主要的盈利化方式有以下几种:
  • 从外卖商家成功的交易订单中收取一定的提成(收取交易费);
  • 向想要将自身店铺信息放在广告区、显眼位置的外卖商家收取广告费(收取增强型接入费);
  • 给消费者(想吃东西的人)提供会员服务,他们可以在每个时间段获得相应的优惠券、店铺红包(收取增强型内容管理服务费用)。

衡量指标分析

  • “饿了么”目前处于平台生命周期中的“成熟阶段”,截至目前,饿了么在线外卖平台覆盖全国670个城市和逾千个县,在线餐厅340万家,用户量达2.6亿,旗下“蜂鸟”即时配送平台的注册配送员达300万。业绩持续高速增长的同时,公司员工也超过15000人。
  • 推动创新:饿了么建立的“蜂鸟配送”,也源于一个小小的痛点。他们发现在物流配送中有一个普遍的问题——拨电话很麻烦。“一个骑手,他要拿着外卖单,电话号码拨来拨去,有时候还要骑电动车,边拨号边骑车,很不安全。所以就商量开发一个产品,把运单导进去,让骑手一键拨打用户的号码。”这个产品,就是现在的蜂鸟APP。后来,饿了么对其不断迭代优化,最终在这基础上建起了全国性的即时配送体系。
  • 最重要的指标:网络双边(外卖提供商&想吃东西的人)重复而且不断进行积极交互(想吃东西的人选择了想吃的美食、填写自己的位置信息并付款后,附近提供外卖服务的商家(配送员)将消费者所选择的美食送到他们手中)的满意客户数量。

平台中国案例建议

治理方面

  • 建议1“饿了么”应完善平台规范,完善商家入驻的审核机制。 可以发现一种情况,同一家实体店铺在平台上会有两家店铺信息,这对平台上其他商家是不公平的。
  • 建议2避免“信息不对称”的现象出现,“饿了么”应对商家添加在平台上的内容进行审核的完善。 可以发现一种情况,商品的图片内容和实物不符合,甚至是完全不相关的两种东西(游戏图片-食物),“饿了么”应对商家(参与者之一)添加在平台上的内容(价值单元)进行审核的完善,以给消费者更加好的体验。
  • 建议3完善平台的诚信制度;有的店铺会通过不同的方式,给自家店铺刷好评,以吸引更多的用户。这是其对“工具和服务”的滥用,也是自身的诚信问题。“饿了么”应针对这一现象,采取一些措施、规定来规范商铺的不良行为。
  • 建议4用户体验加强 ;饿了么的超级会员体验在高消费城市中其实算合理,其任务系统的消费金额基准为二十块。不过在低消费城市中,大部分人的消费额都不到二十块,任务系统显的累赘而不人性。更何况超级会员每月的四个红包一用就没,低消费者城市几乎享受不到太多平台福利,对平台的依赖度较低。还有对于经常跨城市者,饿了么的会员红包锁区也显的十分不人性。所以建议通过大数据分析,每个城市里的人均外卖消费额,来制定每个城市的任务消费额应该是多少。(数据再利用)对低消费城市用户,发放低额的红包,使其能够获得平台红利,培养用户使用习惯。增加红包购买选项( 加强型内容服务 ),通过会员升级等模式,增加红包的数量,种类,额度。取消超级会员锁区,使得红包通用,虽然能够获得一定程度的收益,不过却可能招得用户反感。
  • 建议5完善配套的基础设施。许多外卖地区的配送属于店家自行配送,配送的时间无法得到查看和平台的保障,饿了么需要完善配套的配送,招募和安排更多的平台配送员并将偏远地区的外卖配送剩余时间完善,提高用户的体验。

战略方面

  • 建议“饿了么”要改变目前和“美团”等其他平台的竞争状态,我觉得可以“利用数据的价值”,改进平台的内容推送顺序;即利用“数据废气”(订单中的“备注信息”),给用户个性化推荐(不喜欢吃辣的人,不推荐“川菜店”)、给消费者更好的体验。

大数据理论

数据再利用的方式可以很巧妙、很隐蔽。数据废气是用户在线交互的副产品,包括浏览了哪些页面、停留了多久、鼠标光标停留的位置、输入了什么信息等。许多公司因此对系统进行了设计,使自己能够得到数据废气并循环利用,以改善现有的服务或开发新服务。


大数据中国案例分析成果

  • “饿了么”的隐私权政策里面有提到“如何使用Cookies和其他技术”:存储Cookies,借助于Cookie,网站能够存储您的偏好或购物车内的商品等数据,做出专属推荐。
  • “饿了么”会给消费者(想吃东西的人)推荐专属店铺,专属推荐的机制为:推荐消费者曾下过单的店铺、借“所输入过的关键词”(“数据废气”),例如——酸菜鱼,给消费者推荐含有该菜品的电铺。

大数据中国案例建议

  • 首先,“饿了么”平台中消费者的“浏览频率”,这也是一种“”数据废气”;因为某些原因(吃腻了,附近餐厅的价格普遍较贵),不可能一直使用该平台点外卖,而通过其他平台进行外卖点餐。因此,“饿了么”可以利用这一数据,给浏览频率较低的用户投放优惠(会员、红包活动等),从而将其重新吸引进平台中进行信息交换。
  • 其次,“饿了么”平台中消费者填写订单时,所填写的备注涉及到个人喜好/偏好,比如说,消费者不喜欢吃辣,这一类“备注信息”,是交互过程中产生的副产品,平台方可以利用这些“数据废气”,给用户定制化以一个美食列表,例如,对于不喜欢吃辣的消费者,APP中所显示的列表,辣味餐品的位置靠在最后。
  • 对比饿了么当今的变现方式,比如收取交易费、收取增强型接入费、收取增强型内容管理服务费用等,随着饿了么的成长,平台所存储的数据足够大之时, 平台内的数据废弃也将是变现的方式之一 ,其中, 可以像Twitter公司一样将数据外包给其他公司处理 ,也可以平台自身采用思维和技术来对数据加以利用分析, 像MasterCard通过收集和分析信用卡用户的交易记录,预测了商业发展和客户的消费趋势,饿了么可以通过收集和分析用户的点单记录,来预测不同地区用户的饮食爱好,然后将这些分析结果卖给其他公司。但在带来利益的同时也需顾及用户的隐私问题 。

平台案例的3个论点

  • 平台获得的信息越多,收集、组织、分类、解析数据的算法设计的越好,过滤器越精准,用来交换的信息就会越有用,生产者和消费者正确匹配得到的回报就越高;

  • 埃里克·莱斯是著名作家兼创业者,他倡导“精益创业”活动,强调对于成熟公司,必须将持续创新与衡量指标紧密结合;

  • 平台竞争的方式之一——利用数据的价值;

大数据的论点

  • 数据创新的方式数据废气

整合1

  • “饿了么”收集消费者(想吃东西的人)在交互过程中产生的副产品———“数据废气”(用户输入过的关键词),利用这些数据废气,通过协同过滤给用户专属推荐外卖店铺,改善、促进了“匹配”这一平台的功能。这使“饿了么”的过滤器更精准,用来交换的信息就会更有用,生产者(外卖商铺)与消费者(想吃东西的人)正确匹配得到的回报就更高。

整合2

  • “饿了么”目前处于生命周期中的“成熟阶段”,其衡量指标符合“推动创新”,埃里克·莱斯是著名作家兼创业者,他倡导“精益创业”活动,强调对于成熟公司,必须将持续创新与衡量指标紧密结合。而“数据废气”为数据创新的一种形式。

整合3

  • “饿了么”和对手“美团”的等之间存在竞争,利用数据的价值提升自身的竞争优势,这是它的战略之一。同时,“数据废气”成为了“饿了么”的竞争优势。
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The "source code" for a work means the preferred form of the work for making modifications to it. "Object code" means any non-source form of a work. A "Standard Interface" means an interface that either is an official standard defined by a recognized standards body, or, in the case of interfaces specified for a particular programming language, one that is widely used among developers working in that language. The "System Libraries" of an executable work include anything, other than the work as a whole, that (a) is included in the normal form of packaging a Major Component, but which is not part of that Major Component, and (b) serves only to enable use of the work with that Major Component, or to implement a Standard Interface for which an implementation is available to the public in source code form. A "Major Component", in this context, means a major essential component (kernel, window system, and so on) of the specific operating system (if any) on which the executable work runs, or a compiler used to produce the work, or an object code interpreter used to run it. The "Corresponding Source" for a work in object code form means all the source code needed to generate, install, and (for an executable work) run the object code and to modify the work, including scripts to control those activities. However, it does not include the work's System Libraries, or general-purpose tools or generally available free programs which are used unmodified in performing those activities but which are not part of the work. For example, Corresponding Source includes interface definition files associated with source files for the work, and the source code for shared libraries and dynamically linked subprograms that the work is specifically designed to require, such as by intimate data communication or control flow between those subprograms and other parts of the work. The Corresponding Source need not include anything that users can regenerate automatically from other parts of the Corresponding Source. The Corresponding Source for a work in source code form is that same work. 2. Basic Permissions. All rights granted under this License are granted for the term of copyright on the Program, and are irrevocable provided the stated conditions are met. This License explicitly affirms your unlimited permission to run the unmodified Program. The output from running a covered work is covered by this License only if the output, given its content, constitutes a covered work. This License acknowledges your rights of fair use or other equivalent, as provided by copyright law. You may make, run and propagate covered works that you do not convey, without conditions so long as your license otherwise remains in force. You may convey covered works to others for the sole purpose of having them make modifications exclusively for you, or provide you with facilities for running those works, provided that you comply with the terms of this License in conveying all material for which you do not control copyright. Those thus making or running the covered works for you must do so exclusively on your behalf, under your direction and control, on terms that prohibit them from making any copies of your copyrighted material outside their relationship with you. Conveying under any other circumstances is permitted solely under the conditions stated below. Sublicensing is not allowed; section 10 makes it unnecessary. 3. Protecting Users' Legal Rights From Anti-Circumvention Law. No covered work shall be deemed part of an effective technological measure under any applicable law fulfilling obligations under article 11 of the WIPO copyright treaty adopted on 20 December 1996, or similar laws prohibiting or restricting circumvention of such measures. When you convey a covered work, you waive any legal power to forbid circumvention of technological measures to the extent such circumvention is effected by exercising rights under this License with respect to the covered work, and you disclaim any intention to limit operation or modification of the work as a means of enforcing, against the work's users, your or third parties' legal rights to forbid circumvention of technological measures. 4. Conveying Verbatim Copies. You may convey verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice; keep intact all notices stating that this License and any non-permissive terms added in accord with section 7 apply to the code; keep intact all notices of the absence of any warranty; and give all recipients a copy of this License along with the Program. You may charge any price or no price for each copy that you convey, and you may offer support or warranty protection for a fee. 5. Conveying Modified Source Versions. You may convey a work based on the Program, or the modifications to produce it from the Program, in the form of source code under the terms of section 4, provided that you also meet all of these conditions: a) The work must carry prominent notices stating that you modified it, and giving a relevant date. b) The work must carry prominent notices stating that it is released under this License and any conditions added under section 7. This requirement modifies the requirement in section 4 to "keep intact all notices". c) You must license the entire work, as a whole, under this License to anyone who comes into possession of a copy. This License will therefore apply, along with any applicable section 7 additional terms, to the whole of the work, and all its parts, regardless of how they are packaged. This License gives no permission to license the work in any other way, but it does not invalidate such permission if you have separately received it. d) If the work has interactive user interfaces, each must display Appropriate Legal Notices; however, if the Program has interactive interfaces that do not display Appropriate Legal Notices, your work need not make them do so. A compilation of a covered work with other separate and independent works, which are not by their nature extensions of the covered work, and which are not combined with it such as to form a larger program, in or on a volume of a storage or distribution medium, is called an "aggregate" if the compilation and its resulting copyright are not used to limit the access or legal rights of the compilation's users beyond what the individual works permit. Inclusion of a covered work in an aggregate does not cause this License to apply to the other parts of the aggregate. 6. Conveying Non-Source Forms. You may convey a covered work in object code form under the terms of sections 4 and 5, provided that you also convey the machine-readable Corresponding Source under the terms of this License, in one of these ways: a) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by the Corresponding Source fixed on a durable physical medium customarily used for software interchange. b) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by a written offer, valid for at least three years and valid for as long as you offer spare parts or customer support for that product model, to give anyone who possesses the object code either (1) a copy of the Corresponding Source for all the software in the product that is covered by this License, on a durable physical medium customarily used for software interchange, for a price no more than your reasonable cost of physically performing this conveying of source, or (2) access to copy the Corresponding Source from a network server at no charge. c) Convey individual copies of the object code with a copy of the written offer to provide the Corresponding Source. This alternative is allowed only occasionally and noncommercially, and only if you received the object code with such an offer, in accord with subsection 6b. d) Convey the object code by offering access from a designated place (gratis or for a charge), and offer equivalent access to the Corresponding Source in the same way through the same place at no further charge. You need not require recipients to copy the Corresponding Source along with the object code. If the place to copy the object code is a network server, the Corresponding Source may be on a different server (operated by you or a third party) that supports equivalent copying facilities, provided you maintain clear directions next to the object code saying where to find the Corresponding Source. Regardless of what server hosts the Corresponding Source, you remain obligated to ensure that it is available for as long as needed to satisfy these requirements. e) Convey the object code using peer-to-peer transmission, provided you inform other peers where the object code and Corresponding Source of the work are being offered to the general public at no charge under subsection 6d. A separable portion of the object code, whose source code is excluded from the Corresponding Source as a System Library, need not be included in conveying the object code work. A "User Product" is either (1) a "consumer product", which means any tangible personal property which is normally used for personal, family, or household purposes, or (2) anything designed or sold for incorporation into a dwelling. In determining whether a product is a consumer product, doubtful cases shall be resolved in favor of coverage. For a particular product received by a particular user, "normally used" refers to a typical or common use of that class of product, regardless of the status of the particular user or of the way in which the particular user actually uses, or expects or is expected to use, the product. A product is a consumer product regardless of whether the product has substantial commercial, industrial or non-consumer uses, unless such uses represent the only significant mode of use of the product. "Installation Information" for a User Product means any methods, procedures, authorization keys, or other information required to install and execute modified versions of a covered work in that User Product from a modified version of its Corresponding Source. The information must suffice to ensure that the continued functioning of the modified object code is in no case prevented or interfered with solely because modification has been made. If you convey an object code work under this section in, or with, or specifically for use in, a User Product, and the conveying occurs as part of a transaction in which the right of possession and use of the User Product is transferred to the recipient in perpetuity or for a fixed term (regardless of how the transaction is characterized), the Corresponding Source conveyed under this section must be accompanied by the Installation Information. But this requirement does not apply if neither you nor any third party retains the ability to install modified object code on the User Product (for example, the work has been installed in ROM). The requirement to provide Installation Information does not include a requirement to continue to provide support service, warranty, or updates for a work that has been modified or installed by the recipient, or for the User Product in which it has been modified or installed. Access to a network may be denied when the modification itself materially and adversely affects the operation of the network or violates the rules and protocols for communication across the network. Corresponding Source conveyed, and Installation Information provided, in accord with this section must be in a format that is publicly documented (and with an implementation available to the public in source code form), and must require no special password or key for unpacking, reading or copying. 7. Additional Terms. "Additional permissions" are terms that supplement the terms of this License by making exceptions from one or more of its conditions. Additional permissions that are applicable to the entire Program shall be treated as though they were included in this License, to the extent that they are valid under applicable law. If additional permissions apply only to part of the Program, that part may be used separately under those permissions, but the entire Program remains governed by this License without regard to the additional permissions. When you convey a copy of a covered work, you may at your option remove any additional permissions from that copy, or from any part of it. (Additional permissions may be written to require their own removal in certain cases when you modify the work.) You may place additional permissions on material, added by you to a covered work, for which you have or can give appropriate copyright permission. Notwithstanding any other provision of this License, for material you add to a covered work, you may (if authorized by the copyright holders of that material) supplement the terms of this License with terms: a) Disclaiming warranty or limiting liability differently from the terms of sections 15 and 16 of this License; or b) Requiring preservation of specified reasonable legal notices or author attributions in that material or in the Appropriate Legal Notices displayed by works containing it; or c) Prohibiting misrepresentation of the origin of that material, or requiring that modified versions of such material be marked in reasonable ways as different from the original version; or d) Limiting the use for publicity purposes of names of licensors or authors of the material; or e) Declining to grant rights under trademark law for use of some trade names, trademarks, or service marks; or f) Requiring indemnification of licensors and authors of that material by anyone who conveys the material (or modified versions of it) with contractual assumptions of liability to the recipient, for any liability that these contractual assumptions directly impose on those licensors and authors. All other non-permissive additional terms are considered "further restrictions" within the meaning of section 10. If the Program as you received it, or any part of it, contains a notice stating that it is governed by this License along with a term that is a further restriction, you may remove that term. If a license document contains a further restriction but permits relicensing or conveying under this License, you may add to a covered work material governed by the terms of that license document, provided that the further restriction does not survive such relicensing or conveying. If you add terms to a covered work in accord with this section, you must place, in the relevant source files, a statement of the additional terms that apply to those files, or a notice indicating where to find the applicable terms. Additional terms, permissive or non-permissive, may be stated in the form of a separately written license, or stated as exceptions; the above requirements apply either way. 8. Termination. You may not propagate or modify a covered work except as expressly provided under this License. Any attempt otherwise to propagate or modify it is void, and will automatically terminate your rights under this License (including any patent licenses granted under the third paragraph of section 11). However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation. Moreover, your license from a particular copyright holder is reinstated permanently if the copyright holder notifies you of the violation by some reasonable means, this is the first time you have received notice of violation of this License (for any work) from that copyright holder, and you cure the violation prior to 30 days after your receipt of the notice. Termination of your rights under this section does not terminate the licenses of parties who have received copies or rights from you under this License. If your rights have been terminated and not permanently reinstated, you do not qualify to receive new licenses for the same material under section 10. 9. Acceptance Not Required for Having Copies. You are not required to accept this License in order to receive or run a copy of the Program. Ancillary propagation of a covered work occurring solely as a consequence of using peer-to-peer transmission to receive a copy likewise does not require acceptance. However, nothing other than this License grants you permission to propagate or modify any covered work. These actions infringe copyright if you do not accept this License. Therefore, by modifying or propagating a covered work, you indicate your acceptance of this License to do so. 10. Automatic Licensing of Downstream Recipients. Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify and propagate that work, subject to this License. You are not responsible for enforcing compliance by third parties with this License. An "entity transaction" is a transaction transferring control of an organization, or substantially all assets of one, or subdividing an organization, or merging organizations. If propagation of a covered work results from an entity transaction, each party to that transaction who receives a copy of the work also receives whatever licenses to the work the party's predecessor in interest had or could give under the previous paragraph, plus a right to possession of the Corresponding Source of the work from the predecessor in interest, if the predecessor has it or can get it with reasonable efforts. You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License, and you may not initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing the Program or any portion of it. 11. Patents. A "contributor" is a copyright holder who authorizes use under this License of the Program or a work on which the Program is based. The work thus licensed is called the contributor's "contributor version". A contributor's "essential patent claims" are all patent claims owned or controlled by the contributor, whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this License, of making, using, or selling its contributor version, but do not include claims that would be infringed only as a consequence of further modification of the contributor version. For purposes of this definition, "control" includes the right to grant patent sublicenses in a manner consistent with the requirements of this License. Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version. In the following three paragraphs, a "patent license" is any express agreement or commitment, however denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not to sue for patent infringement). To "grant" such a patent license to a party means to make such an agreement or commitment not to enforce a patent against the party. If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent license to downstream recipients. "Knowingly relying" means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient's use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid. If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it. A patent license is "discriminatory" if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007. Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to infringement that may otherwise be available to you under applicable patent law. 12. No Surrender of Others' Freedom. If conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot convey a covered work so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not convey it at all. For example, if you agree to terms that obligate you to collect a royalty for further conveying from those to whom you convey the Program, the only way you could satisfy both those terms and this License would be to refrain entirely from conveying the Program. 13. Remote Network Interaction; Use with the GNU General Public License. Notwithstanding any other provision of this License, if you modify the Program, your modified version must prominently offer all users interacting with it remotely through a computer network (if your version supports such interaction) an opportunity to receive the Corresponding Source of your version by providing access to the Corresponding Source from a network server at no charge, through some standard or customary means of facilitating copying of software. This Corresponding Source shall include the Corresponding Source for any work covered by version 3 of the GNU General Public License that is incorporated pursuant to the following paragraph. Notwithstanding any other provision of this License, you have permission to link or combine any covered work with a work licensed under version 3 of the GNU General Public License into a single combined work, and to convey the resulting work. The terms of this License will continue to apply to the part which is the covered work, but the work with which it is combined will remain governed by version 3 of the GNU General Public License. 14. Revised Versions of this License. The Free Software Foundation may publish revised and/or new versions of the GNU Affero General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number. If the Program specifies that a certain numbered version of the GNU Affero General Public License "or any later version" applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of the GNU Affero General Public License, you may choose any version ever published by the Free Software Foundation. If the Program specifies that a proxy can decide which future versions of the GNU Affero General Public License can be used, that proxy's public statement of acceptance of a version permanently authorizes you to choose that version for the Program. Later license versions may give you additional or different permissions. However, no additional obligations are imposed on any author or copyright holder as a result of your choosing to follow a later version. 15. Disclaimer of Warranty. THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 16. Limitation of Liability. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 17. Interpretation of Sections 15 and 16. If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee. END OF TERMS AND CONDITIONS How to Apply These Terms to Your New Programs If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms. To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively state the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found. <one line to give the program's name and a brief idea of what it does.> Copyright (C) <year> <name of author> This program is free software: you can redistribute it and/or modify it under the terms of the GNU Affero General Public License as published by the Free Software Foundation, either version 3 of the License, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Affero General Public License for more details. You should have received a copy of the GNU Affero General Public License along with this program. If not, see <http://www.gnu.org/licenses/>. Also add information on how to contact you by electronic and paper mail. If your software can interact with users remotely through a computer network, you should also make sure that it provides a way for users to get its source. For example, if your program is a web application, its interface could display a "Source" link that leads users to an archive of the code. There are many ways you could offer source, and different solutions will be better for different programs; see section 13 for the specific requirements. You should also get your employer (if you work as a programmer) or school, if any, to sign a "copyright disclaimer" for the program, if necessary. For more information on this, and how to apply and follow the GNU AGPL, see <http://www.gnu.org/licenses/>.

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