English (English) - Change language

End-User License Agreement (EULA)

ABBYY® Recognition Server

Important! Read the following terms carefully before installing, copying and/or otherwise using ABBYY® Recognition Server (hereinafter referred to as “the SOFTWARE”). Installing, copying or otherwise using the SOFTWARE indicates Your acceptance of these terms.

This End-User License Agreement (hereinafter referred to as the “EULA”) is a legal agreement between you, the end user, who obtained or is using the SOFTWARE, and ABBYY.

This EULA comes into force when You demonstrate Your consent to be bound by its terms by selecting the “I accept the terms of the license agreement” button followed by selecting the “Next” button and installing the SOFTWARE, or when You install, copy or start using the SOFTWARE in any manner. Any such act is deemed to demonstrate Your acknowledgment that You have read this EULA, that You understand it, and agree to be bound by its terms. If You do not agree to the terms of this EULA, do not use the SOFTWARE and disable, remove it from Your system, and destroy Your copies of the SOFTWARE. This EULA is binding for the entire period of the SOFTWARE copyright unless otherwise stated in this EULA or in a separate written agreement between You and ABBYY or an ABBYY Partner and may depend on the scope of the License as it is described in the EULA.

The SOFTWARE is protected by copyright laws and international treaty provisions and some of its portions are protected by patent and trade secret laws. You agree that this EULA is enforceable like any written negotiated agreement signed by you. This EULA is enforceable against You.

If the SOFTWARE is accompanied by a hard copy of a separate agreement with ABBYY or an ABBYY Partner, governing the terms of Your use of the SOFTWARE, then, in the case of any discrepancies in content between the text of this EULA and the text in the hard copy of such separate agreement, the text in the hard copy shall prevail.

The EULA may be available in different languages. There may be inconsistencies or differences in interpretation between the English version of the EULA and those EULAs made available in other languages. For the sake of uniformity and to avoid any ambiguity, the English version of the EULA shall govern in all disputes, claims or proceedings to interpret, enforce or otherwise relating to the EULA.

Definitions

ABBYY ” means

ABBYY USA Software House Inc., registered at 880 North McCarthy Boulevard, Suite 220, Milpitas, California, 95035, USA, when article 13.1 of this EULA applies;

ABBYY Canada Inc., registered at 555 Leggett Drive, Suite 304, Kanata, Ontario K2K 2X3 Canada, when article 13.2 of this EULA applies;

ABBYY Japan Co., Ltd., registered at Shinagawa Intercity, 28th floor, 2-15-1 Konan, Minato-ku, Tokyo, 108-6028, Japan when article 13.3 of this EULA applies;

ABBYY Europe GmbH, registered at Elsenheimerstrasse, 49, 80687, Munich, Germany, when article 13.4 of this EULA applies;

ABBYY UK Ltd., registered at Heathrow Business Centre, 65 High Street, Egham, Surrey TW20 9EY, United Kingdom, when article 13.5 of this EULA applies;

ABBYY Production LLC, registered at 1-ya ul. Tekstilshikov, d. 12/9, office 2, 109390, Moscow, Russia, when article 13.6 of this EULA applies;

ABBYY Software House Ukraine, registered at 31 Degtyarevskaya st., Kiev, Ukraine, 03680, when article 13.7 of this EULA applies;

and ABBYY Solutions Ltd., registered at Michail Karaoli 2, Egkomi CY 2404, Nicosia, Cyprus, in all other cases.

ABBYY Partner ” means an entity or individual who is licensed by ABBYY to resell and distribute licensed copies of the SOFTWARE to End Users, either directly or through one or more sub-resellers or sub-distributors.

Computer ” means a specific physical device or virtual machine that may consist of one or more CPU (central processing unit) cores and which runs a specified operating system. Any changes to the configuration or composition of the Computer could result in the Computer being considered a different Computer for licensing purposes.

Confidential Information ” means any and all information that is not generally known and that is proprietary to ABBYY and is either designated as Confidential by ABBYY or is marked either Confidential or Proprietary.

Google Search Appliance ” means the network device manufactured by Google, Inc. and intended for searching information in a local area network.

Google Search Appliance Connector ” means the SOFTWARE Component which passes the content of recognized documents to the Google Search Appliance.

IFilter ” means the SOFTWARE Component which passes the content of recognized documents to Microsoft® Office SharePoint® Server, Microsoft Search Server, Windows Search, or Desktop Search.

Intellectual Property Rights ” means all intellectual and industrial property rights and includes rights to (i) inventions, discoveries, and letters patent, including applications therefor, reissues thereof, and continuation and continuations in part; (ii) copyrights; (iii) designs and industrial designs; (iv) trademarks, service marks, trade dress and similar rights; (v) know-how, trade secrets, and confidential information; (vi) integrated circuit topography rights and rights in mask works; and (vii) other proprietary rights.

License ” means the non-exclusive limited right granted to You by ABBYY to install and use the functionality of the SOFTWARE in accordance with the terms and conditions of this EULA.

Open API ” means the SOFTWARE Component which provides an Application Programming Interface to the SOFTWARE that allows You to call its functions from and exchange data with other Windows® applications.

Remote Administration Console ” means the SOFTWARE Component which provides a common administration interface for configuring and monitoring the SOFTWARE. The Remote Administration Console can be located on any Computer in the local area network.

Scanning Station ” means the SOFTWARE Component for managing batch scanning, viewing documents and controlling their visual quality, and managing separation and export of documents in selected file formats to selected destinations.

Processing Station ” means the Computer running the optical character recognition process.

Verification Station ” means the SOFTWARE Component for viewing and correcting the results of optical character recognition.

Indexing Station ” means the SOFTWARE Component for specifying document types and assigning document attributes.

Script ” means a set of additional operations executed within a SOFTWARE operation cycle and intended to partially automate or modify the behavior of the SOFTWARE.

Serial Number ” means a unique identifier of a License or License group with similar parameters that is being given by ABBYY or an ABBYY Partner to the End User.

Server Computer ” means the Computer running the Server Manager.

Server Manager ” means the SOFTWARE Component which manages processing options, licenses, distributes tasks among Processing Stations, Verification Stations, and Indexing Stations, and delivers output documents after the processing.

SOFTWARE ” means any version or edition of ABBYY Recognition Server, including any and all SOFTWARE Components (add-ons, custom components and modules, etc.) embedded in ABBYY Recognition Server or made available online or in any other manner, including as executable, help, demo, sample, and other files; libraries, databases, samples, associated media (images, photos, animation, audio-video components, music, etc.), printed materials, and other SOFTWARE Components.

SOFTWARE Activation ” means the procedure whereby the installed SOFTWARE is made fully operational in accordance with the SOFTWARE documentation and the scope of Your License.

SOFTWARE Component ” means any constituent part of the SOFTWARE, including, but not limited to, any computer programs contained in the SOFTWARE.

You ,” “ Your ,” and “ End User ” refer to and include any person and/or any entity that obtained this SOFTWARE for its own use and not for purposes of further resale and any actual user of the SOFTWARE.

1. License Grant

1.1 Subject to the terms and conditions of the EULA, ABBYY grants to You a limited, non-exclusive License to install and use the functionality of the SOFTWARE, subject to all restrictions and the scope of the License as may be provided by this EULA, the software and/or hardware license keys provided by ABBYY (“License Key”), the SOFTWARE, and/or a separate written agreement between You and ABBYY or an ABBYY Partner. All provisions stated herein apply both to the SOFTWARE as a whole and to all of its separate components and end user documentation with the exception of the third party technologies specified in Article 12, which are covered by their own licenses. Any issue with respect to the scope of the license shall be construed in favour of restrictions on the scope of the license. The License Key technically restricts the use of the SOFTWARE and reflects the scope of the License You obtained. Restrictions on Your use of the SOFTWARE and the scope of Your License may include but are not limited to the following:

1.1.1 Number of SOFTWARE Components, seats and network access. Information about the number of SOFTWARE Components and Computers on a Network allowed for simultaneous work with the SOFTWARE is specified in Your License Key and/or written agreement between You and ABBYY or an ABBYY Partner and may include but is not limited to the following:

1.1.1.1 You may install, run, and use one (1) Server Manager on one (1) Server Computer.

1.1.1.2 You may install the Scanning Station on an unlimited number of Computers. The number of Scanning Stations used simultaneously may not exceed the number specified in Your License Key.

1.1.1.3 You may install the Verification Station on an unlimited number of Computers. The number of Verification Stations used simultaneously may not exceed the number specified in Your License Key.

1.1.1.4 You may install the Indexing Station on an unlimited number of Computers. The number of Indexing Stations used simultaneously may not exceed the number specified in Your License Key.

1.1.1.5 You may install and run one (1) Google Search Appliance Connector on one (1) Server Computer in order to use the SOFTWARE in conjunction with the Google Search Appliance if this is allowed by Your License Key.

1.1.1.6 You may install and run IFilter on an unlimited number of Computers in order to use the SOFTWARE in conjunction with Windows Search or Desktop Search, Microsoft Office SharePoint Server or Microsoft Search Server if this is allowed by Your License Key.

1.1.1.7 You may install, run, and use the Open API and the Remote Administration Console on an unlimited number of Computers.

1.1.2 Processing volume. The number of volume units (e.g. pages) that may be processed by the SOFTWARE may be limited in one or more ways, such as limitations on the number of volume units that may be processed within a particular time period, such as monthly or annually, or on the overall number of volume units that may be processed. The size of a page or other volume units may also be limited. Processing volume limitations are specified in Your License Key and/or written agreement between You and ABBYY or an ABBYY Partner.

1.1.3 Duration. Use of the SOFTWARE may be limited by a fixed period of time, and the SOFTWARE may not be used beyond the expiration of such time period. Limitation of the duration is specified in Your License Key and/or a written agreement between You and ABBYY or an ABBYY Partner.

1.1.4 Features, add-ons and custom components. The use of particular features, add-ons and/or custom components of the SOFTWARE may be limited by Your License Key and/or a written agreement between You and ABBYY or an ABBYY Partner.

1.1.5 Processing power. The total number of CPU cores used by the SOFTWARE on the Processing Stations may not exceed the number specified in Your License Key and/or a written agreement between You and ABBYY or an ABBYY Partner.

1.2 You may use the SOFTWARE as a part of or in conjunction with any external application only if You have the right to use that application in such a manner.

1.3 All rights not expressly granted to You by this EULA are reserved by ABBYY. This EULA does not grant You any rights in connection with any trademarks of ABBYY.

1.4 If Article 13.6 applies and You are an individual human being person, You may use the SOFTWARE worldwide. If Article 13,6 applies and You are an entity, the SOFTWARE may be obtained (purchased) only in the country where the entity or its branch and representative offices are registered, unless otherwise agreed in a separate written agreement between You and ABBYY or an ABBYY Partner. The employees of the entity or of its branch and representative offices may use the SOFTWARE worldwide, provided the SOFTWARE has been obtained and installed in the country where the entity or its branch and representative offices are registered, unless otherwise agreed in a separate written agreement between You and ABBYY or an ABBYY Partner.

1.5 Any use of the SOFTWARE or component parts outside of or in contravention of the terms and conditions of this EULA shall constitute a breach of ABBYY’s and/or third parties’ intellectual property rights and shall give cause for the revocation of all rights to use the SOFTWARE granted to You under this EULA.

1.6 If You deploy or use the SOFTWARE in a virtual environment, at no time may access or use of the SOFTWARE exceed restrictions on the SOFTWARE, or the scope of the license that has been granted. For instance, the same License Key may not be used to permit use or access to the SOFTWARE in a virtual environment by a number of Computers that is greater than the number of Computers for which a license has been properly obtained; the SOFTWARE may not be used to process more than the permitted number of volume units; and the number of SOFTWARE copies running in a virtual environment may not exceed the number of copies for which a license has been properly obtained.

1.7 If You access the SOFTWARE by using terminal services that allow accessing the SOFTWARE on a remote computer over a network, the amount of simultaneously running instances of the SOFTWARE may not exceed the number of Computers for which a License has been obtained.

1.8 You may receive the SOFTWARE on more than one medium (multiple-media SOFTWARE), including downloads over the Internet. Regardless of the quantity or type of media You receive, You are only licensed to use one (1) Server Manager on one (1) Server Computer subject to this EULA.

2. Limitations of Use

2.1 You may not be able to exercise Your rights to use the SOFTWARE under this EULA unless You perform SOFTWARE Activation.

2.2 All terms of use and limitations governing the use of the SOFTWARE are stated in this EULA, unless otherwise stipulated in a separate written agreement between You and ABBYY or an ABBYY Partner or in other documentation accompanying the SOFTWARE.

2.3 You may not perform or make it possible for other persons to perform any activities included in the list below:

2.3.1 Reverse engineer, disassemble, decompile (i.e. reproduce and transform the object code into source code) or otherwise attempt to derive the source code for the SOFTWARE or any part, except, and only to the extent, that such activity is expressly permitted by applicable law notwithstanding this limitation. If applicable law prohibits the restriction of such activities, any information so discovered shall not be disclosed to third parties unless such disclosure is required by law and such information shall be promptly disclosed to ABBYY. All such information shall be deemed to be confidential and proprietary information of ABBYY.

2.3.2 Modify, adapt (including any changes for the purpose of enabling the SOFTWARE to run on Your hardware), or make any changes to the object code of the Software, applications and databases contained in the SOFTWARE other than those provided for by the SOFTWARE and described in the documentation.

2.3.3 Correct errors in the SOFTWARE or translate the SOFTWARE without the prior written consent of ABBYY.

2.3.4 Rent, lease, sublicense, assign or transfer any rights granted to You by this EULA and other rights related to the SOFTWARE to any other person or authorize all or any portion of the SOFTWARE to be copied onto another computer (except as described in article 2.6) unless otherwise stipulated in a separate written agreement with ABBYY or an ABBYY Partner.

2.3.5 Make it possible for any person not entitled to use the SOFTWARE to access and/or use the SOFTWARE, including without limitation in a multi-user system, virtual environment, or via the Internet.

2.3.6 Remove, change or obscure any copyright, trademark or patent notices that appear on the SOFTWARE as delivered to You.

2.4 You may not use the SOFTWARE to provide to any third party paid or free recognition or conversion services and/or to provide the results or access to the results acquired through the use of the SOFTWARE as a part of another service that has recognition or conversion as its component unless You have signed a separate written agreement with ABBYY.

2.5 You may not bypass the SOFTWARE’s user interface that is provided with the SOFTWARE unless otherwise stipulated in an additional written agreement with ABBYY.

2.6 You may only make a one-time permanent transfer of this SOFTWARE directly to another end user. If You are a legal entity, such a transfer requires written approval by ABBYY. This transfer must include all of the SOFTWARE (including all SOFTWARE Components, the media and printed materials, any upgrades and/or updates, and this EULA). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this SOFTWARE. You must uninstall the SOFTWARE from all of Your Computers or from Your Local Area Network in the case of such a SOFTWARE transfer.

3. Pre-Release and Trial SOFTWARE

3.1 If the SOFTWARE for which You have received a License is: (a) pre-commercial release or Beta-Release Software (“Pre-Release SOFTWARE”); or (b) SOFTWARE that is labeled “Try&Buy” “Trial”, “Demo” or was provided at no charge for trial demonstration, evaluation or testing purposes (collectively “Trial SOFTWARE”), then this article 3 (Pre-Release and Trial SOFTWARE) shall apply until such time as You obtain (purchase) a commercial use License for the SOFTWARE. “Restricted Software” shall mean jointly the Pre-Release SOFTWARE and the Trial SOFTWARE.

3.2 To the extent that any provision of this article 3 (Pre-Release and Trial SOFTWARE) conflicts with any other term or condition in this EULA, this article shall govern and shall supersede such other term or condition with respect to the Restricted SOFTWARE.

3.3 NO WARRANTY. NO ORAL, RECORDED, AND/OR WRITTEN INFORMATION OR ADVICE GIVEN BY ABBYY OR AN ABBYY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. THE RESTRICTED SOFTWARE (INCLUDING ITS TECHNICAL DOCUMENTATION) IS DELIVERED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. ABBYY DOES NOT WARRANT THAT THE RESTRICTED SOFTWARE IS ERROR FREE OR THAT IT WILL WORK IN ALL CIRCUMSTANCES. ABBYY DISCLAIMS ALL WARRANTIES AND INDEMNITIES WITH RESPECT TO THE RESTRICTED SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND/OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

3.4 LIMITATION OF LIABILITY. USE OF THE RESTRICTED SOFTWARE IS AT YOUR SOLE RISK AND YOU ASSUME THE ENTIRE RISK OF ANY AND ALL CONSEQUENCES RELATING TO THE RESTRICTED SOFTWARE. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ABBYY BE LIABLE FOR PERSONAL INJURY, OR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE RESTRICTED SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ABBYY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE LIABILITY CANNOT BE EXCLUDED BUT MAY BE LIMITED, ABBYY’S TOTAL LIABILITY, AND THE TOTAL LIABILITY OF AN ABBYY PARTNER, SHALL BE LIMITED TO THE SUM OF FIFTY UNITED STATES DOLLARS (U.S. $50) OR THE TOTAL AMOUNT YOU PAID FOR THE RESTRICTED SOFTWARE, WHICHEVER IS GREATER.

3.5 Restricted Software may have limited functionality, such as having functionality for a limited period of time, and upon expiration of permitted functionality (“time-out”), Your access and ability to use the Restricted Software may be disabled. Upon the occurrence of a time-out, Your rights under the EULA shall terminate, unless You obtain a new license from ABBYY.

3.6 If You have been provided the Restricted Software pursuant to a separate written agreement Your use of the SOFTWARE is also governed by such agreement. To the extent that any term or condition of a separate written agreement are in conflict with any term or condition of this EULA, a separate written agreement shall supersede such other term(s) and condition(s) with respect to the SOFTWARE, but only to the extent necessary to resolve the conflict.

3.7 Trial SOFTWARE.

3.7.1 You may use Trial SOFTWARE only for Your internal evaluation and testing purposes. Notwithstanding anything to the contrary in Section 2.6 You may not transfer or re-distribute the Trial SOFTWARE.

3.7.2 You shall not use any results or outputs acquired using the Trial SOFTWARE in regular business activities and/or in a commercial operating environment, including without limitation in a way that can generate direct or indirect revenue.

3.7.3 The Trial SOFTWARE has limited functionality and Your access to the functionality of the Trial SOFTWARE is restricted in duration by a License key. The expiration of the License key will render the Trial Software unusable and may render any material prepared using the Trial SOFTWARE inaccessible until You have purchased a commercial use license to the SOFTWARE.

3.7.4 No maintenance or technical support is provided for Trial SOFTWARE.

3.8 Pre-Release SOFTWARE.

3.8.1 Pre-Release SOFTWARE constitutes the Confidential Information of ABBYY.

3.8.2 As to Pre-Release SOFTWARE ABBYY does not promise or guarantee, has no express or implied obligation, and You acknowledge that ABBYY has not promised or guaranteed, that such software will be further developed, or that a commercial version will be announced or made available in the future. ABBYY may not introduce a software product similar to or compatible with such software. Accordingly, You acknowledge that any use, research or development that You perform regarding such software is done entirely at Your own risk.

3.8.3 You agree to provide feedback to ABBYY regarding testing and use of the Pre-Release SOFTWARE, including error or bug reports (“Feedback”), and You transfer and grant to ABBYY free of charge all of Your rights, title, and interest in such Feedback, including without limitation, the rights to use, publish and disseminate the Feedback. All Feedback constitutes the Confidential Information of ABBYY.

3.8.4 Confidentiality of Pre-Release SOFTWARE and its results.

3.8.4.1. You agree not to disclose accompanying written, oral or electronic information divulged to You by ABBYY related to the Pre-Release SOFTWARE, any information about the quality of such Pre-Release SOFTWARE or the quality of the results acquired through the use of such Pre-Release SOFTWARE, Feedback, and any information about bugs, errors and other problems discovered by You in the Pre-Release SOFTWARE are the Confidential Information of ABBYY.

3.8.4.2. You shall not disclose Confidential Information. The term “disclose” means to display, describe, copy, lease, loan, rent, assign, transfer or provide access, over a network or otherwise, to Confidential Information reproduced in any form, including oral communications, to any third party.

3.8.4.3. You shall take all reasonable steps to prevent the disclosure of Confidential Information and to keep it confidential.

3.8.5 You shall promptly inform ABBYY if You become aware of any disclosure of Confidential Information. If You are in breach of the terms and conditions set forth in articles 3.8.4.1 - 3.8.4.3 above, You shall compensate ABBYY for any loss resulting from such breach.

3.8.6. Upon receipt of a later version of Pre-Release SOFTWARE or a commercial release of SOFTWARE, whether as a stand-alone product or as part of a larger product, You agree to return or destroy all earlier versions of the Pre-Release SOFTWARE received from ABBYY.

4. Not-for-resale SOFTWARE

4.1 If the SOFTWARE is labeled “Not for Resale” or “NFR,” then, notwithstanding other articles of this EULA, You may only use such SOFTWARE for demonstration, verification or testing purposes.

5. Updates

5.1 If the SOFTWARE is labeled as an update, You must own a license for the previous version of the SOFTWARE identified by ABBYY as being eligible for this update in order to use the SOFTWARE.

5.2 The SOFTWARE labeled as an update replaces and/or supplements the product that formed the basis for Your eligibility for the update.

5.3 You may only use the resulting updated product in accordance with the terms of the EULA supplied with this update.

5.4 You acknowledge that any obligation ABBYY may have to support the version of the SOFTWARE being updated shall end upon the availability of the update.

6. Technical Support and Maintenance

6.1 You may be provided with technical support and maintenance related to the SOFTWARE (“Support Services”) subject to the current ABBYY support policy. However, You may be entitled to a different level of Support Services than is stated in the ABBYY support policy in accordance with a written agreement executed between You and ABBYY or an ABBYY Partner with respect to such Support Services.

6.2 General terms and conditions of the ABBYY support policy are published on the ABBYY Web site www.abbyy.com . ABBYY reserves the right to change the support policy at any time without any prior notice.

6.3 In addition to the general terms and conditions, ABBYY may have specific support policies in specific regions which may be regulated by separate agreements.

6.4 Any supplementary software code and any SOFTWARE component provided to You as part of Support Services is to be considered a part of the SOFTWARE and subject to the terms and conditions of this EULA.

6.5 To be eligible for Support Services, You may be required to provide ABBYY with information about the characteristics of Your hardware, the Serial Number of Your SOFTWARE as well as certain personal information, such as Your name, the name of Your company (if applicable), address, phone number and e-mail address. ABBYY may use the above-mentioned information as described in article 15.2 of the EULA.

7. Ownership.

7.1 No title to any of ABBYY’s Intellectual Property Rights (including the SOFTWARE and any ABBYY patents, trademarks, or copyrights) is transferred to You. You shall not, in any way, during or after the term of the Agreement, make any use of or claim any right to any name, logo, trademark, pattern, or design owned by ABBYY, or any name, logo, trademark, pattern, or design resembling them.

7.2 No title to any of Your Intellectual Property Rights (including the application and any of Your patents, trademarks, or copyrights) is transferred to ABBYY.

7.3 The SOFTWARE contains valuable trade secrets and confidential information belonging to ABBYY and third parties and is protected by copyright laws, including, without limitation, by United States Copyright Law, laws of Russian Federation, international treaty provisions, and the applicable laws of the country in which it is being used or obtained.

7.4 All title and rights in and to the content that is not contained in the SOFTWARE, but may be accessible through the use of the SOFTWARE, are the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and international treaties. This EULA does not grant You any rights to such intellectual property.

8. Limited Warranty. Disclaimers.

8.1 If required by the legislation of the country in which You obtained (purchased) the SOFTWARE, ABBYY warrants that the media on which the SOFTWARE is furnished will be free from defects in materials and workmanship under normal use only and only for the minimal guarantee term determined by the legislation of the country in which You obtained (purchased) the SOFTWARE starting from the date of purchase. If the SOFTWARE was obtained (purchased) in the countries defined in article 13.6, this period will constitute thirty (30) days starting from the date You obtained (purchase) the SOFTWARE.

8.2 EXCEPT AS EXPRESSLY PROVIDED IN THIS ARTICLE 8 (LIMITED WARRANTY, DISCLAIMERS), AND EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY SOFTWARE DOCUMENTATION, UPGRADES AND UPDATES IS BEING DELIVERED TO YOU “AS IS” AND ABBYY MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT THE SOFTWARE WILL CONTAIN NO ERRORS, MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE WILL FUNCTION PROPERLY WHEN USED IN CONJUNCTION WITH ANY OTHER SOFTWARE OR HARDWARE. ABBYY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULT YOU MAY OBTAIN BY USING THE SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE LIES WITH YOU. FUTHERMORE ABBYY MAKES NO WARRANTIES FOR ANY THIRD PARTY SOFTWARE PRODUCTS WHICH MAY BE SUPPLIED WITHIN THE SOFTWARE.

9. Limitation of Liability

9.1 IN NO EVENT WILL ABBYY BE LIABLE TO YOU FOR ANY DAMAGES, BUSINESS INTERRUPTION, LOSS OF DATA OR INFORMATION OF ANY KIND, BUSINESS OR OTHERWISE, CLAIMS OR COSTS WHATSOEVER, OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR ANY LOST PROFITS OR LOST REVENUE RESULTING FROM AND/OR RELATING TO THE USE OF THE SOFTWARE, OR DAMAGES CAUSED BY POSSIBLE ERRORS OR MISPRINTS IN THE SOFTWARE, EVEN IF AN ABBYY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ABBYY’S SOLE AND AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THE SOFTWARE SHALL BE LIMITED TO THE PURCHASE PRICE ORIGINALLY PAID FOR THE SOFTWARE, IF ANY.

10. Warranty Exclusion and Limitations for Users Residing in Germany or Austria

10.1 If You obtained Your copy of the SOFTWARE in Germany or Austria, and You usually reside in such country, then, in accordance with German law, ABBYY warrants that the SOFTWARE provides the functionalities set forth in its documentation included in the SOFTWARE (the “agreed upon functionalities”) for the limited warranty period following receipt of the SOFTWARE copy when used on the recommended hardware configuration. As used in this article, “limited warranty period” means one (1) year if You are a business user or legal entity, and two (2) years if You are not a business user. Non-substantial variation from the agreed upon functionalities shall not be considered and does not establish any warranty rights. This limited warranty does not apply to the SOFTWARE provided to You free of charge, for example, updates, pre-release versions, “Trial” versions, product samples, “Not for resale” (“NFR”) copies of the SOFTWARE, or SOFTWARE that has been altered by You, to the extent such alterations caused a defect. To make a warranty claim, You must return, at our expense, the SOFTWARE and proof of purchase during the limited warranty period to the location where You obtained it. If the functionalities of the SOFTWARE vary substantially from the agreed upon functionalities, ABBYY is entitled (by way of re-performance and at its own discretion) to repair or replace the SOFTWARE. If this fails, You are entitled to a reduction of the purchase price (reduction) or to cancel the purchase agreement (rescission). For further warranty information, please contact ABBYY’s Customer Support Department in Germany: ABBYY Europe GmbH, Elsenheimerstrasse 49, 80687 Munich, tel.: +49 (0)89 51 11 590, fax: +49 (0)89 51 11 5959.

10.2 If You obtained Your copy of the SOFTWARE in Germany or Austria, and You usually reside in one of these countries, then:

10.2.1 Subject to the provisions in article 10.2.2, ABBYY’s statutory liability for damages shall be limited as follows: (i) ABBYY shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and (ii) ABBYY shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation.

10.2.2 The limitation of liability set forth in article 10.2.1 shall not apply to any mandatory statutory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries.

10.2.3 You are required to take all reasonable measures to avoid and reduce damages, in particular to make backup copies of the SOFTWARE and Your computer data subject to the provisions of this EULA.

11. Additional Limitations for SOFTWARE obtained in the USA

11.1 Government Use. If use is made of the SOFTWARE by the United States Government or any US Government agency, the following additional terms shall apply: (1) Restricted Computer Software, as defined in the Rights in Data-General clause at Federal Acquisition Regulations 52.227-14; and (2) any use, duplication, or disclosure by the 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.

11.2 Export rules. You agree that You shall not export or re-export the SOFTWARE in violation of any export provisions in the laws of the country in which this SOFTWARE was purchased or otherwise acquired. In addition, You represent and warrant that You are not prohibited under applicable laws from receiving the SOFTWARE.

12. Third-party technologies

12.1 Embedded Fonts

12.1.1 Font programs are subject to copyright, and the copyright owner may impose conditions under which a font program can be used. One of the conditions may be that you need a licensed copy of the font program to embed the font into a PDF file. In no event shall ABBYY be liable for any damages arising out of or in connection with your use of embedded fonts.

12.2 Software Datalogics and Adobe Products

12.2.1 Copyright 2000 - 2012 Datalogics, Inc.

Copyright 1984 - 2012 Adobe Systems Incorporated and its licensors. All rights reserved.

12.2.2 The term "Software Datalogics and Adobe Products" means Software Datalogics and third party products (including Adobe Products) and related documentation, and any upgrades, modified versions, updates, additions, and copies thereof.

12.2.3 You acknowledge and agree that third party licensors are the owners of certain proprietary information and intellectual property rights included in the Host Products and the Documentation. Such third party licensors are third party beneficiaries entitled to enforce ABBYY’s rights and your obligations hereunder and to seek appropriate legal and equitable remedies, including but not limited to, damages and injunctive relief, for your breach of such obligations.

12.2.4 License Grant and Restrictions. ABBYY grants you a non-exclusive right to use the Software Datalogics and Adobe Products under the terms of this EULA. You may make one backup copy of the Software Datalogics and Adobe Products, provided the backup copy is not installed or used on any computer.

12.2.5 Intellectual Property Rights. The Software Datalogics and Adobe Products incorporated into the SOFTWARE are owned by Datalogics, Adobe and third parties and their suppliers, and their structure, organization and code are the valuable trade secrets of Datalogics, Adobe and third parties and their suppliers. Software Datalogics and Adobe Products are also protected by United States Copyright law and International Treaty provisions. You may not copy the Software Datalogics and Adobe Products, except as provided in this EULA. Any copies that you are permitted to make pursuant to this EULA must contain the same copyright and other proprietary notices that appear on or in the Software Datalogics and Adobe Products. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software Datalogics and Adobe Products. Except as stated above, this EULA does not grant you any intellectual property rights in the Software Datalogics and Adobe Products.

12.2.6 Font License. You may embed copies of the font software into your electronic documents for purpose of printing, viewing and editing the document. No other embedding rights are implied or permitted under this license.

12.2.7 Warranty. ABBYY AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE.

12.2.8 Export Rules. You agree that the Software Datalogics and Adobe Products will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the “Export Laws”). In addition, if the Software Datalogics and Adobe Products are identified as export-controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation and that you are not otherwise prohibited under the Export Laws from receiving the Software Datalogics and Adobe Products. All rights to use the Software Datalogics and Adobe Products are granted on condition that such rights are forfeited if you fail to comply with the terms of this EULA.

12.2.9 Governing Law. This EULA will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

12.2.10 General Provisions. This EULA shall not prejudice the statutory rights of any party dealing as a consumer.

12.2.11 Trademarks. Trademarks appearing herein are either registered trademarks or trademarks of their respective owners in the United States and/or other countries.

12.3 PixTools® Scan Runtime Libraries.

12.3.1 “EMC Software” shall mean PixTools Scan runtime libraries, Level 1 ISIS Drivers, Level 2 ISIS Drivers, and Level 3 ISIS Drivers. The SOFTWARE may use the EMC Software for communicating between scanner and SOFTWARE through the ISIS interface.

12.3.2 License Grant and Restrictions. ABBYY grants you a non-exclusive right to use the EMC Software incorporated into the SOFTWARE under the terms of this EULA.

12.3.3 Intellectual Property Rights. The EMC Software incorporated into the SOFTWARE is owned by EMC Corporation and its suppliers, and its structure, organization and code are the valuable trade secrets of EMC Corporation and its suppliers. The EMC Software is protected by United States Copyright Law and International Treaty provisions. You may not copy the EMC Software incorporated into the SOFTWARE. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the EMC Software incorporated into the SOFTWARE. Except as stated above, this EULA does not grant you any intellectual property rights in the EMC Software.

12.3.4 Warranty. ABBYY DOES NOT AND CANNOT WARRANT THE PERFORMANCE RESULTS YOU MAY OBTAIN BY USING THE EMC SOFTWARE INCORPORATED INTO THE SOFTWARE.

IN NO EVENT WILL EMC CORPORATION OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS OR FOR ANY CLAIM BY ANY THIRD PARTY.

Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitations may not apply to you. You may have other rights, which vary from state to state or jurisdiction to jurisdiction.

12.3.5 Trademarks. ISIS and PixTools are either registered trademarks or trademarks of EMC Corporation in the United States and/or other countries.

12.4 Cuminas DjVu® SDK.

12.4.1 You, as the End User, have the right to use DjVu SDK as part of the SOFTWARE for the entire period of the copyright for such SOFTWARE or for another lesser term of use stated in the EULA.

12.4.2 License terms. You may not perform or make it possible for other persons to perform reverse engineering, disassembly, decompilation (i.e. reproduction and transformation of the object code into source code) or otherwise attempts to derive the source code for the SOFTWARE or any part thereof, except, and only to the extent, that such activities are expressly permitted by applicable law notwithstanding this limitation. If applicable law prohibits the restriction of such activities, any information so discovered must not be disclosed to third parties with the exception that such disclosure is required by law and such information must be promptly disclosed to ABBYY. All such information shall be deemed to be confidential and proprietary information of ABBYY.

12.4.3 ABBYY MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT THE SOFTWARE WILL CARRY NO ERRORS, MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE WILL FUNCTION PROPERLY WHEN USED IN CONJUNCTION WITH ANY OTHER SOFTWARE OR HARDWARE. ABBYY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULT YOU MAY OBTAIN BY USING THE SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE LIES WITH YOU. FUTHERMORE ABBYY MAKES NO WARRANTIES FOR ANY THIRD PARTY SOFTWARE PRODUCTS WHICH MAY BE SUPPLIED WITHIN THE SOFTWARE.

12.4.4 IN NO EVENT WILL ABBYY BE LIABLE TO YOU FOR ANY DAMAGES, BUSINESS INTERRUPTION, LOSS OF DATA OR INFORMATION OF ANY KIND, BUSINESS OR OTHERWISE, CLAIMS OR COSTS WHATSOEVER, OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS RESULTING FROM AND/OR RELATING TO THE USE OF THE SOFTWARE, OR DAMAGES CAUSED BY POSSIBLE ERRORS OR MISPRINTS IN THE SOFTWARE, EVEN IF AN ABBYY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ABBYY’S SOLE AND AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS EULA SHALL BE LIMITED TO THE PURCHASE PRICE ORIGINALLY PAID FOR THE SOFTWARE, IF ANY.

12.4.5 Limitations for SOFTWARE obtained in the USA.

a. Government Use. If use is made of the SOFTWARE by the United States Government or any US Government agency, the following additional terms shall apply: (1) Restricted Computer Software, as defined in the Rights in Data-General clause at Federal Acquisition Regulations 52.227-14; and (2) any use, duplication, or disclosure by the 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.

b. Export rules. You agree that You shall not export or re-export the SOFTWARE in violation of any export provisions in the laws of the country in which this SOFTWARE was purchased or otherwise acquired. In addition, You represent and warrant that You are not prohibited under applicable laws from receiving the SOFTWARE.

12.4.6 Third-Party Code:

12.4.6.1 Oniguruma Copyright © 2002-2006 K.Kosako . All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE AUTHOR AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

12.4.6.2 MD5. A portion of this software is derived from the RSA Data Security, Inc. MD5 Message-Digest Algorithm. Mersenne Twister Copyright © 2006, 2007 Mutsuo Saito, Makoto Matsumoto and Hiroshima University. All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of the Hiroshima University nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

12.5 Wibu-Systems

12.5.1 WIBU, CodeMeter, SmartShelter, and SmartBind are registered trademarks of WIBU-SYSTEMS AG.

12.6 Other Licensed Technologies

12.6.1 This SOFTWARE is used under license to U.S. Patent No. 5,768,416.

13. Governing Law

13.1 If the SOFTWARE was obtained in the United States, Mexico, Belize, Costa Rica, El Salvador, Guatemala, Honduras, Montserrat, Nicaragua, Panama, Turks and Caicos Islands, Virgin Islands or Taiwan, this EULA shall be governed by and construed in accordance with the laws of the State of California, United States of America. With respect to any dispute which may arise in connection with this EULA and/or this SOFTWARE, You consent to the exclusive jurisdiction and venue of the federal and/or state courts in the county of Santa Clara in the state of California. For the avoidance of doubt if the SOFTWARE was obtained in the United States, You obtained (purchased) the SOFTWARE from ABBYY USA Software House, Inc.

13.2 If the Software was obtained in Canada, this EULA shall be governed by and construed in accordance with the laws of the Province of Ontario and the Country of Canada and the parties accept the exclusive jurisdiction and venue of the federal and/or provincial courts in the Province of Ontario.

13.3 If the Software was obtained in Japan, this EULA shall be governed by and construed in accordance with the laws of Japan and the parties accept the exclusive jurisdiction of the Tokyo District Court of Japan.

13.4 If the SOFTWARE was obtained in Austria, Belgium, Denmark, Finland, France, Germany, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden, or any other member state of the European Union, except for Malta, Greece and Cyprus, that is not directly mentioned in article 13.5, 13.6 or 13.7 of this EULA, or in Switzerland, Norway, Iceland or Liechtenstein, this EULA shall be governed by and construed in accordance with the substantive law in force in Munich, the Federal Republic of Germany and the competent court of Munich, the Federal Republic of Germany shall have exclusive jurisdiction over all disputes relating to this EULA.

13.5 If the SOFTWARE was obtained in the United Kingdom of Great Britain and Northern Ireland, and Republic of Ireland this EULA shall be governed by and construed in accordance with the laws of England and Wales and the parties accept the exclusive jurisdiction of the courts of England and Wales.

13.6 If the SOFTWARE was obtained in Russia, Belarus, Kazakhstan, or any other country of the CIS, except for Ukraine and Moldova, or if the SOFTWARE was obtained (purchased) in Georgia, Latvia, Lithuania or Estonia, this EULA shall be governed by and construed in accordance with the substantive law in force in the Russian Federation.

13.7 If the SOFTWARE was obtained in Albania, Bosnia and Herzegovina, Bulgaria, Croatia, the Czech Republic, Hungary, Israel, Macedonia, Poland, Romania, Slovakia, Slovenia, Turkey, Serbia, Montenegro, Ukraine or Moldova, this EULA shall be governed by and construed in accordance with substantive law of Ukraine, unless the SOFTWARE has been acquired by the person that has a status of consumer according to the Polish Civil Code. Polish law shall apply to such consumers.

13.8 If article 13.7 is applied and You are an entity or a sole proprietor (a person who is in business by himself/herself without the use of a company structure or partners and bears alone full responsibility for the actions of the business), any and all disputes, controversies or differences in opinion arising out of or relating to the EULA shall be finally resolved through arbitration in accordance with the arbitration rules and procedures of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry according to its Order. Judgment of the Court mentioned above is final and obligatory for execution by both parties. If article 13.7 is applied and You are an individual person, the Shevchenkovsky District Court of Kiev, Ukraine, shall have exclusive jurisdiction over all disputes relating to this EULA.

13.9 If article 13.6 is applied and You are an entity or a sole proprietor (a person who is in business by himself/herself without the use of a company structure or partners and bears alone full responsibility for the actions of the business) the Arbitrazh Court of Moscow, the Russian Federation, shall have exclusive jurisdiction over all disputes relating to this EULA. If article 13.6 is applied and You are an individual person, the Kuzminsky District Court of Moscow, the Russian Federation, shall have exclusive jurisdiction over all disputes relating to this EULA.

13.10 In the cases described in articles 13.1 -13.7, this EULA will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

13.11 If the SOFTWARE was obtained (purchased) in a country other than the countries specified in articles 13.1 -13.7, this EULA shall be governed by and construed in accordance with the substantive law of the country in which You obtained (purchased) the SOFTWARE.

14. Termination

14.1 Unless otherwise agreed by You and ABBYY or an ABBYY Partner in a separate written agreement or except as otherwise provided by the EULA or the documentation for the SOFTWARE, this EULA is effective in perpetuity from the date which You first demonstrate Your acceptance as provided at the beginning of the EULA or as long as it is permitted under applicable law. To the extent that applicable law requires the statement of an expiration period for this EULA, this EULA will last as long as permitted, but in any event, at least as long as the duration of the SOFTWARE copyright and shall automatically expire without further notice when such time period elapses.

14.2 Without prejudice to any other rights, ABBYY may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such an event, You must destroy all copies of the SOFTWARE, all of its component parts and remove the SOFTWARE from your Computers.

14.3 You may terminate this EULA by destroying all copies of the SOFTWARE, all of its component parts and removing the SOFTWARE.

14.4 Such termination does not relieve You of Your obligation to pay for the SOFTWARE. Articles 2, 3.3, 3.4, 7, 8, 9, 10, 11, 12, 13, 14, 15 and articles 3.8.1, 3.8.4 and 3.7.4 survive the termination or expiration of this EULA, howsoever caused, but this shall not imply or create any continued right to use the SOFTWARE after termination or expiration of this EULA.

15. Miscellaneous

15.1 ABBYY may provide You with printed materials, including the user’s guide or other SOFTWARE documentation.

15.2 In the course of SOFTWARE activation, installation, operation and/or technical support and maintenance of the SOFTWARE You may be required and You hereby agree to provide ABBYY with certain personal information of Yours (such as but not limited to Your name, address, email address, phone number). You may choose not to provide ABBYY with your personal information, in which case You may not be able to access some or all of the features of ABBYY’s SOFTWARE or obtain any support or other services otherwise available to ABBYY customers who provided their personal information, if provision of personal information is essential to provide You with technical support or maintenance of the SOFTWARE or is requirement of such technical support or maintenance of the SOFTWARE and it does not contradict applicable law You agree not to provide any more personal information than ABBYY or ABBYY’s Partner require, and agree that Your personal information may be processed (including but not limited to collected and/or otherwise used) by ABBYY and/or its affiliates or ABBYY Partners in compliance with applicable law provided that the confidentiality of the data and data security is maintained if it is required by applicable law. Any personal information You provide to ABBYY or its affiliates or ABBYY Partners will be processed, stored and used strictly within ABBYY and its affiliates or ABBYY Partners and will not be disclosed to any third party, except as may be required by applicable law, and, in case of ABBYY USA Software House Inc., will be maintained in accordance with its privacy policy found at http://abbyy.com/privacy . All personal records will be processed solely for the purposes of fulfillment obligations under this EULA by ABBYY. If article 13.7. applies Your personal information will be processed in a database named “Physical persons whose personal information is processed during business activity”.

15.3 You agree that the SOFTWARE may require connections via the Internet or via e-mail with an ABBYY server during SOFTWARE Activation, deactivation or update. ABBYY will take reasonable steps to insure that no personal information about You is transferred during such connections.

15.4 ABBYY may send You e-mails containing product and company news, information about special offers, tips on using ABBYY products and other product and company-related information provided that You agree to receive such information. You may remove Your e-mail address from ABBYY’s mailing list at any time.

15.5 If any claims or lawsuits are brought against You in connection with Your use of the SOFTWARE, You shall inform ABBYY in writing about them promptly and whenever practicable within three (3) days from the moment You learn of them. You shall take all necessary actions to enable ABBYY to take part in the proceedings or hearings of or take over the defense of said claims or lawsuits in court or arbitration, and shall provide ABBYY with Your full cooperation and all information ABBYY deems useful or necessary for the defense of settlement of the corresponding claims or lawsuits, promptly upon (and whenever practicable no later than seven (7) days from the moment of) the receipt of an inquiry from ABBYY.

15.6 Unless otherwise agreed by the parties, the SOFTWARE licensed under this EULA requires the payment of a consideration. Consideration under this EULA is the price of the License established by ABBYY or an ABBYY Partner and payable in accordance with the payment procedures established by them, or may be included in value of equipment or hardware obtained by You, or is part of the consideration payable by You for the full version of the SOFTWARE.

15.7 If any part of this EULA is found void or unenforceable, it will not affect the validity of the balance of the EULA, which shall remain valid and enforceable according to its terms.

1/14/2021 2:17:19 PM


Please leave your feedback about this article