This is a binding contract. Please read it carefully before signing up.
These Terms of Service (the “Terms”) are an important contract between us and you:
- If you are opening a Cookie Saver account or including these Terms by reference in a purchase order, this contract is between Accutics and your organization. You represent that you have the authority to bind your organization to this agreement.
- If you are an individual Cookie Saver user, this Agreement is between you and Accutics.
The Terms, together with any order form referencing them and the other documents referred to in them, form the whole of the agreement (the “Agreement”) between you and Accutics ApS (“Accutics”, “us” or “we”).
The general idea of this Agreement is that we grant you a license to use the Cookie Saver, and in return you pay us and agree to abide by our Terms. Your failure to abide by your obligations under the Agreement constitutes grounds for suspension or termination of your account and revocation of your access to the Cookie Saver.
You acknowledge and agree that, as provided in greater detail in this Agreement:
- The Cookie Saver is licensed, not sold to you, and that you may use the Cookie Saver only as set forth in this Agreement;
- The Cookie Saver is provided “as is” without warranties of any kind, and Accutics’ liability to you is limited;
- You are solely responsible for protecting the privacy and legal rights of your end users, except as provided for in a Data Use Agreement between you and Accutics; and
- If you are based outside the EU, disputes arising hereunder will be resolved by binding arbitration, and BY ACCEPTING THIS AGREEMENT, YOU AND ACCUTICS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement in Section 21 below for the details regarding your agreement to arbitrate any disputes with Accutics.
- If you are based in the EU, the Danish Courts have sole jurisdiction over all disputes.
- During the term of the Agreement, Accutics is allowed to use your name, logo and any trademarks in our marketing activities.
This Agreement takes effect when you click an “I Accept” button or checkbox presented with these terms, sign a contract that incorporates these terms by reference, or, if earlier, when you use any of the Cookie Saver (the “Effective Date”).
1. Cookie Saver
1.1. The Cookie Saver is created to turn first-party cookies set client side into being set server side.
2. Cookie Saver account
2.1. To access the Cookie Saver, you must create a user account. You can either create an end-user account or a partner account.
2.2. The end-user account is for your own website. An end-user account allows you to create one setup covering up-to 10 domains. You may include only domains associated with one brand, including subdomains. Domains like xyz.dk; xyz.io and xyz.com are acceptable. Also, sub.xyz.dk; xyz.dk and sub2.xyz.com are acceptable. Non-associated domains like xyz.dk; example.dk and mywebsite.com cannot be included in the same setup.
2.3. The partner account is for consultants assisting end-users setting up the Cookie Saver. The partner account allows you to create unlimited number of setups. Each setup must adhere to the limitations included in Section 2.2.
2.4. When you register for the account, you will be required to provide us with some information about yourself, such as email or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate at all times. You are responsible for all activities that occur under your accounts, regardless of whether the activities are undertaken by you.
2.5. Each account is protected by credentials. You are responsible for maintaining the security of your credentials
2.6. Your obligations include, but are not limited to, the following:
- Your use of the Cookie Saver must comply with all applicable laws, regulations, and ordinances, including any laws regarding cookies and privacy.
- You will provide us with true and accurate information and responses in connection with your use of the Cookie Saver.
- You will not attempt to disrupt the Cookie Saver.
- If you are using the Cookie Saver to process personal data, Accutics’ standard Data Processing Agreement shall be applicable.
3.1. You must be at least eighteen (18) years of age to sign up for the Cookie Saver. By agreeing to this Agreement, you represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you have not previously been suspended or removed from the Cookie Saver; and (c) your registration and your use of the Cookie Saver is in compliance with all applicable laws and regulations.
3.2. If you are using the Cookie Saver on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to this Agreement and you agree to be bound by this Agreement on behalf of that organization. Accutics may, in its sole discretion, refuse to offer the Cookie Saver to any person or entity, and may change its eligibility criteria at any time.
4. Fees and Charges
4.1. If you sign up for a trial version of Cookie Saver, you may use the service free of charge for 14 days. If the Agreement has not been terminated before the end of the free trial, the free trial is automatically extended to a subscription.
Payments and pricing.
4.2. You incur fees and charges based on the number of Unique Visitors to your website per month. Once a month, Accutics will automatically fix the size of the next subscription fee based on the number of Unique Visitors to your website. Payment is in advance based. First invoice is based on your information to us about number of Unique Visitors. Following invoices are based on our measurements of your use of the Cookie Saver. We will draw the first month’s subscription fee including any applicable VAT at the end of the free trial.
4.3. All subscriptions to EU based customers are charged in euro (EUR). All subscriptions to non-EU based customers are charged in US dollars (USD).
4.4. Fees and charges are payable by credit card. We will defray any credit card fees payable. You must provide us with valid and updated credit card information when signing up for the Cookie Saver with your credit card. You are obliged to keep your payment details up to date. You can renew your payment authorization via the “My account” menu on our website after login. You authorize us to recurrently charge such credit card for the Cookie Saver.
4.5. Invoices will be sent to the email address registered on your Cookie Saver account.
4.6. Any outstanding balance becomes immediately due and payable upon termination of this Agreement for any reason.
4.7. We may change our pricing and general billing policy. In the event we do so, we will give you 60 days’ notice before the beginning of the billing cycle during which the revised policy will be applied.
5.1. You are responsible for paying all taxes and government charges and will pay us for the Cookie Saver without any reduction. In the event that Accutics is obligated to collect or pay taxes, those taxes will be invoiced to you, unless you provide us with a timely and valid tax exemption certificate issued by the appropriate authority for each jurisdiction in which you claim exempt status.
5.2. If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required. Additionally, you will provide us with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.
6.1. Unless otherwise agreed, we will provide technical support within 72 hours via email. Please visit our help center for additional support.
7.1. As with any cloud service, you have ongoing security responsibilities to protect Your Content.
Your users’ privacy.
8.2. You are responsible for protecting the privacy and legal rights of the Unique Visitors. Your obligations include but are not limited to:
9. Term and Termination
9.1. The Agreement and your subscription to Cookie Saver will be effective from the moment you sign up to the Cookie Saver and until the subscription and the Agreement is terminated by you or us. You may cancel your subscription or remove the configuration at any time without notice to expire at the end of the current billing period. It is your obligation to delete the Cookie Saver scripts on your website before you cancel your account since the scripts will not work from the time you cancel your account.
9.2. Sections 8 (Privacy), 9 (this Section), 14 (Copyright/Trademarks), 16 (Exclusion of Warranties), 17 (Limitations of Liability), 18 (Indemnification) 19 (General terms and definitions), 20 (Governing law), and 21 (Choice of venue) shall continue to be effective after this Agreement is terminated.
10. Suspension and Remedial Action
10.1. We reserve the right to suspend your account or your use of the Cookie Saver (take “Remedial Action”). Our right to take Remedial Action is in addition to our right to terminate this Agreement.
10.2. We reserve the right to take Remedial Action if you are in breach of this Agreement, including if you are delinquent on your payment obligations by more than 15 days.
10.3. We will always try to resolve acceptable use issues within a mutually acceptable timeframe. We reserve the right to take unilateral Remedial Action at any time, however, to enforce our policies and ensure the security and stability of the Cookie Saver.
10.4. If we take Remedial Action, you remain responsible for all fees and charges you have incurred through the date of the Remedial Action.
11. Your Licenses from Accutics
11.1. We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use the Cookie Saver solely in accordance with this Agreement. This license is valid only during the term of this Agreement, and is revoked upon termination. This license is subject to the following restrictions:
11.2. You may not use the Cookie Saver in any manner or for any purpose other than as expressly permitted by this Agreement.
11.3. You may not, or may not attempt to (a) modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the Cookie Saver, (b) reverse engineer, disassemble, or decompile the Cookie Saver or apply any other process or procedure to derive the source code of any software included in the Cookie Saver, (c) access or use the Cookie Saver in a way intended to avoid incurring fees or exceeding usage limits or quotas, (d) resell or sublicense the Cookie Saver, or (e) circumvent any security mechanisms used by Accutics, or the Cookie Saver.
11.4. All licenses granted to you in this Agreement are conditional on your continued compliance with this Agreement, and will immediately and automatically terminate if you do not comply with any term or condition of this Agreement.
11.5. During and after the Term, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Services you have used.
12. Our Licenses from You
12.1. For the sole purpose of enabling us to provide you with the Cookie Saver, you hereby grant us a worldwide, non-sublicensable, non-transferable, non-exclusive, terminable, limited license to reproduce, adapt, modify, translate, publicly perform, host, store, transfer, and distribute any data.
12.2. Further, you hereby grant us a worldwide, non-sublicensable, non-transferable, non-exclusive, terminable, limited license to use your organizational name and logo, including trademark in our marketing of Cookie Saver.
13. Modification of the Cookie Saver
13.1. You acknowledge and agree that the form and nature of the Cookie Saver which Accutics provides may change from time to time without prior notice.
14.1. All content and materials available at www.cookiesaver.io or accutics.com/cookie-saver, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Accutics and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited unless specifically authorized by Accutics.
14.2. These Terms do not grant you any ownership interest in or to our copyright and trademarks but only a limited right of use that is revocable in accordance with these Terms or the Agreement. Accutics does not grant any license or other right to use any of our trademarks, service marks, copyrightable material or other intellectual property except as expressly provided in these Terms or agreed to in writing.
14.3. In addition, you agree to refrain from any act which in any way compromises our resources, including but not limited to: (i) reverse engineering, reverse compiling, decrypting, disassembling or otherwise attempting to derive the source code of the resource; (ii) modifying, translating or creating derivative works of the resources; (iii) sublicensing, reselling, renting, leasing, distributing, marketing, commercializing or otherwise transferring rights or usage to the resources; or (iv) embedding the resources in any third-party applications unless explicitly permitted.
14.4. Upon request from Accutics, you must be able and ready to confirm at any given time that you adhere to the provisions of this clause. If you fail to deliver such confirmation within 15 working days from receiving the request, this may be considered, at Accutics’ sole discretion, a material breach of these Terms.
15. Changes to these Terms
15.1. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time.
15.2. If the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance.
15.3. In the event that a change to these Terms does not materially modify your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Cookie Saver, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. These changes are effective upon publication of the changed Terms.
15.4. If you do not accept the changed Terms, we may terminate your access to and use of the Cookie Saver. If you are under contractual commitment to Accutics, we may choose not to renew your contract.
15.5. Disputes arising under this Agreement will be resolved in accordance with the version of this Agreement that was in effect between the parties at the time the dispute arose.
16. EXCLUSION OF WARRANTIES
16.1. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACCUTICS DOES NOT MAKE ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. ACCUTICS IS NOT RESPONSIBLE OR LIABLE FOR THE DELETION OF OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED THROUGH USE OF THE SERVICE. ACCUTICS DOES NOT WARRANT THAT THE OPERATION OF THE COOKIE SAVER WILL BE ERROR-FREE, TIMELY, OR UNINTERRUPTED. ACCUTICS DOES NOT WARRANT THAT THE COOKIE SAVER WILL BE SECURE, EXCEPT AS EXPRESSLY DOCUMENTED. YOU UNDERSTAND THAT YOU USE THE COOKIE SAVER AT YOUR OWN DISCRETION AND RISK.
16.2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACCUTICS OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE COOKIE SAVER WILL CREATE ANY WARRANTY REGARDING ANY OF THE ACCUTICS ENTITIES OR THE COOKIE SAVER THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE COOKIE SAVER AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE COOKIE SAVER. YOU UNDERSTAND AND AGREE THAT YOU USE THE COOKIE SAVER, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
16.3. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
17. LIMITATIONS OF LIABILITY
17.1. You are able to decide the content of each cookie and, thus, which information is processed by the Cookie Saver. In no event can the Accutics entities be held liable for processing the cookies and their information.
17.2. The Accutics Entities cannot be held liable for any non-processed requests to the Cookie Saver if the number of total requests or requests per minute to the Cookie Saver surpasses the maximum server capacity as available on the Amazon Web Services hosting facility.
17.4. You must obtain and maintain a valid SSL certificate by maintaining the DNS records as provided by Accutics. The Accutics Entities cannot be held liable for your failure to maintain the DNS records and SSL certificates.
17.6. IN NO EVENT WILL THE ACCUTICS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE COOKIE SAVER OR ANY MATERIALS OR CONTENT ON THE COOKIE SAVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ACCUTICS ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
17.7. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE ACCUTICS ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT PAID BY YOU TO ACCUTICS FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM.
17.8. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17.9. The foregoing limitations of liability do not apply to breaches of confidentiality obligations, violations of a party’s intellectual property rights by the other party, or indemnification obligations.
18.1. You agree that you will be responsible for your use of the Cookie Saver, and if you harm someone or get in a dispute with someone else, we will not be involved. You agree to defend and indemnify Accutics and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Accutics Entities“) from and against every third-party claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Cookie Saver; (b) your violation of any portion of this Agreement, any representation, warranty, or agreement referenced in this Agreement, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
19. General terms and definitions
Amendments. Any amendment must be in writing, signed by both parties, and expressly state that it is amending this Agreement.
Assignment. You may not assign any part of this Agreement without our written consent. Notwithstanding the foregoing, either party may assign the entirety of its rights and obligations under this Agreement, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party.
Entire Agreement. This Agreement supersedes all other agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on, and neither party will have any right remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly set out in this Agreement. The terms located at a URL referenced in this Agreement and the Documentation are hereby incorporated by this reference. After the Effective Date, Accutics may provide you with an updated URL in place of any URL in this Agreement.
Equitable Relief. Subject to Section 21 (Choice of venue), nothing in this Agreement will limit either party’s ability to seek equitable relief.
Force Majeure. Accutics shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances. The same applies to any downtime or crashes to the Amazon Web Services used in the Cookie Saver.
Interpretation of Conflicting Terms. If there is a conflict among the documents that make up this Agreement, the documents will control in the following order: this Agreement, and the terms located at any URL.
No Agency. This Agreement does not create any agency, partnership or joint venture between the parties.
No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless expressly stated.
Notices. All notices to Accutics must be in writing and addressed to email@example.com. Notice will be treated as given on receipt as verified by written automated receipt or by electronic log (as applicable). You agree that Accutics may provide you with notices, including those regarding changes to this Agreement, by email, regular mail, or postings on in the Cookie Saver. By providing Accutics your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
No Waiver. You agree that any delay or failure of Accutics to exercise or enforce any legal right or remedy which is contained in this Agreement (or which we have the benefit of under any applicable law), for any reason, does not constitute a formal waiver of our rights and that those rights or remedies will still be available to us.
Severability. If any term (or part of a term) of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
Unique Visitors. The number of devices that visit your website in any given month from a browser configured under the Cookie Saver. If e.g. configured to only revive cookies from visitors using a Safari browser, it is only those visitors that are counted. In such case, visitors using e.g. Google Chrome is not included in the number of unique visitors. Accutics will count the number of Unique Visitors and our determination is final. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). To the fullest extent permitted by law, refunds (if any) are at our discretion and only in the form of credit for the Cookie Saver. Nothing in this Agreement obligates Accutics to extend credit to any party.
20. Governing Law
20.1. This Agreement is governed by the laws of Denmark without regard to conflict of law principles.
21. Choice of venue
If you are based in the EU:
21.1. In the event of any dispute or disagreement arising under or in connection with the Terms or the Agreement (including a dispute or disagreement as to the validity of the Terms or the Agreement), such dispute or disagreement will be referred to and resolved under the exclusive jurisdiction of the Danish courts.
If you are based outside the EU:
21.2. In the interest of resolving disputes between you and Accutics in the most expedient and cost effective manner, you and Accutics agree that every dispute arising in connection with this Agreement will be resolved by binding arbitration. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. Any arbitration between you and Accutics will be governed by the Danish Institute of Arbitration in accordance with the rules of arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced. The arbitral tribunal shall be composed of three arbitrators. The place of arbitration shall be Copenhagen, Denmark. The language to be used in the arbitral proceedings shall be English. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ACCUTICS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
21.3. Despite the provisions of Section 21.1. and 21.2, we both agree that nothing in Agreement will be deemed to waive, preclude, or otherwise limit the right of either of us to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
21.4. YOU AND ACCUTICS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Accutics agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
22. Contact Information
If you have any questions or comments about these Terms of Service as outlined above, you can contact us at:
Kronprinsensgade 1, Baghuset, 2.th.
1114 Copenhagen K
Phone: +45 51 43 49 40
Company reg.no. 38 40 40 08