End-User License Agreement (EULA)
END-USER LICENSE AGREEMENT (EULA)
ABBYY® FlexiCapture® 12 SDK
Important! Read the following terms carefully before installing, copying and/or otherwise using ABBYY FlexiCapture 12 SDK (hereinafter referred to as “the SDK”). Installing, copying or otherwise using the SDK 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 SDK, and ABBYY.
If you are not a legal entity referred hereinafter to as an “End User” you shall not use the SDK and shall disable, remove it from your system and destroy any copies of the SDK in your possession.
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 SDK, or when You install, copy or start using the SDK 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 SDK and disable, remove it from Your system, and destroy Your copies of the SDK. This EULA is binding for the entire period of the SDK copyright, unless otherwise stated in this EULA or in a separate written agreement between You and ABBYY, and may depend on the scope of the License as it is described in the EULA.
The SDK is protected by copyright laws and international treaty provisions, and some portions of the SDK are protected by patent and trade secret laws. The SDK is licensed to You under this EULA, not sold to You. You agree that this EULA is enforceable like any written negotiated agreement signed by You. This EULA is enforceable against You.
If separate written agreement with regard to the SDK has been concluded with ABBYY, then, in the event of any discrepancy between that agreement and this EULA, the terms of the separate agreement shall prevail over any inconsistent term in this EULA. Any terms and conditions contained in Your purchase orders or other documents shall not modify this EULA or expand ABBYY’s obligations hereunder.
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.
ABBYY USA Software House Inc., registered at 890 Hillview Court, Suite 300, Milpitas, California 95035., USA, when article 12.1 of this EULA applies;
ABBYY Japan Co., Ltd., registered at Shinyokohama Square Bulding 14F, 3-12, Shinyokohama 2-chome, Kohoku-ku, Yokohama-shi, Kanagawa, Japan, when article 12.2 of this EULA applies;
ABBYY Europe GmbH, registered at Tassiloplatz 25 – 27, 81541Munich, Germany, when article 12.3 of this EULA applies;
ABBYY UK Ltd., registered at Centrum House, 36 Station Road, Egham, Surrey, TW20 9LF, United Kingdom, when article 12.4 of this EULA applies;
ABBYY PTY Ltd., registered at Citigroup Building’, Level 13, 2-26 Park street, Sydney NSW 2000, Australia, when article 12.5 of his EULA applies;
and ABBYY Solutions Ltd., registered at Kyriakou Matsi 61, 1082, Nicosia, Cyprus, in all other cases
“ABBYY Partner” means an entity or individual who is authorized by ABBYY to resell and distribute licensed copies of the SDK to End Users, either directly or through one or more sub-resellers or sub-distributors.
“Activation” means the procedure whereby the License Key is checked for validity and the installed SDK is made fully operational in accordance with documentation accompanying the SDK and the scope of Your License. Activation may be performed either: (i) by means of a USB dongle as hardware License Key plugged into computer where SDK is used; (ii) by means of a software License Key on a Physical Workplace or a Virtual Workplace where SDK is used.
“Activated License Key” means the License Key for which Activation was successfully performed.
“ABBYY Samples” means small software programs included within the SDK in source code form (code samples) that use the SDK and demonstrate ways of usage of the SDK or capabilities of the SDK.. You may study the ABBYY Samples and include ABBYY Samples in the code of Your Application.
“Application” means the computer program, or set of computer programs, developed by You, or on Your behalf, which includes parts of the SDK or otherwise interacts with the SDK. If there is more than one Application, an individual License is required for each Application.
“Computer” means a specific physical device or Virtual Machine that may consist of one or more CPU (central processing unit) cores and running 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.
“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 continuations 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.
“Internal Use” means use of the Application for Your internal business operations and/or automation of Your internal processes. Internal Use excludes distribution, transfer, or licensing of the SDK to any third parties or use of the SDK to provide BPO services (or any other services where customers are provided with the recognition results of the SDK) to any third parties.
“License” means a non-exclusive and non-transferable limited right granted to You by ABBYY to install and use the functionality of the SDK in accordance with the terms and conditions of this EULA. The following two types of Licenses (hereinafter collectively referred to as “Licenses”) may be granted:
- “Developer License” means the right to integrate parts of the SDK into the Application during the term of this EULA or during the term stated in the applicable invoice.
- “Runtime License” means the right to reproduce parts of the SDK integrated into one copy of the Application during the term of the exclusive right to the ABBYY SDK.
“License Key” means a hardware device (a hardware License Key) or software (a software License Key) containing information about the SDK, which is used to protect the copyright to the SDK. The data stored in a License Key are part of the SDK. License Key is being given by ABBYY or an ABBYY Partner to the End User.
“Online License” means SDK activation over the internet, without Your involvement or support. It is a license key on ABBYY’s side for which a renewable permission(s) is provided to You to use SDK over the internet.
“SDK” means ABBYY® FlexiCapture® 12 SDK including any and all software components (add-ons, custom components, and modules, etc.) embedded in the software or made available online or other ways such 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.
“SDK Activation” means the procedure whereby the installed SDK is made fully operational in accordance with the SDK documentation and the scope of Your License, including but not limited to Online License.
“Physical Workplace” means one copy of the computer programs and operating system run on a Computer without the use of a Virtual Machine.
“Virtual Workplace” means one copy of the computer programs and operating system run on a Computer by means of a Virtual Machine.
“Workplace” means one (1) Physical Workplace or one (1) Virtual Workplace.
“Virtual Machine” means any computer program that isolates applications executed within an operating system from the Computer, enabling the user to save and restore the original state of the computer programs and the operating system, create their copies, and run them.
“You”, “Your,” and “End User” refer to and include any entity that obtained this SDK for its own Internal Use.
- License Grant and payment
- Number of Activations. The SDK requires an Activated License Key to be used. The ability to perform Activation on a Virtual Workplace is limited and depends on type of License protection.
- Processing Volume. The number of volume units (e.g. pages, words, symbols) that may be processed by the SDK may be limited in one or more ways, such as limitations on the number of volume units that may be processed within particular time periods, such as monthly, quarterly or annually, or on the overall number of pages that may be processed. The size of a page or other volume unit may also be limited. Some types of License protection could require You to provide an uninterruptable access to the Internet in order to check number of processed pages and to block SDK functionality in case Your License is invalid or Your limits are exceeded.
- Duration. Use of the SDK may be limited by a fixed period of time, and the SDK may not be used after the expiration of such time period.
- Features, Add-ons, and Custom Components. The use of particular features, add-ons, and/or custom components of the SDK may be limited.
- Processing Power. The number of CPU (central processing unit) cores of the Computers which can be utilized by the SDK may also be limited.
- Installation method. Your ability to install and use the SDK on multiple Workplaces may be limited. For instance, limitations may provide for the SDK to be used: (i) on any Workplace with a network connection to the Workplace where License Key is Activated (“concurrent licensing”); or (ii) on the same Workplace where License Key is Activated (“standalone licensing”). In case of standalone licensing various terminal server users running the SDK may be either allowed or not to jointly utilize one set of CPU cores.
- If the SDK is deployed in a virtual or cloud software environment, including but not limited to VMware, Citrix, Microsoft Azure, Amazon AWS, or ghosting, at no time may multiple machines or devices use the same SDK’s License Key, unless the equivalent License to machine/device quantity has been purchased. Furthermore, You agree that Your actual usage of the SDK may not exceed the scope of the License purchased (obtained) by You from ABBYY or ABBYY Partner (including, but not limited to, the restriction on total processing volume).
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.
The SDK may be obtained (purchased) and installed only in the country where Your legal entity or its branch and representative offices are registered, unless otherwise agreed in a separate written agreement between You and ABBYY. The employees of Your entity or of its branch and representative offices may use the SDK worldwide, provided the SDK has been obtained and installed in a country where the entity or its branch and representative offices are registered.
- Any usage of the SDK 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 SDK granted to You hereunder.
- If You deploy or use the SDK in a virtual environment, at no time may access or use of the SDK exceed the restrictions on the SDK, or the scope of the License that has been granted. For instance, the same License Key may not be used to permit usage or access to the SDK 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, nor may the SDK be used to process more than the total number of pages that has been permitted. You may not restore a saved state of virtual environment to circumvent processing volume limitation, and You may not circumvent duration limitation by setting an untrue date in a virtual environment.
- If You deploy the SDK by using terminal services which allow accessing the SDK on a remote Computer over a network, the amount of simultaneously running instances of the SDK may not exceed the number of Computers for which a License has been obtained.
- If You use the SDK by means of a Web browser, You may simultaneously access the SDK by as many Computers as permitted by the scope of Your License and specified in the License Key and/or written agreement between You and ABBYY or an ABBYY Partner.
- You may receive the SDK in more than one medium (multiple-media SDK), including downloads over the Internet. Regardless of the quantity or type of media You receive, You are only licensed to use the SDK in accordance with the scope of the SDK License.
- If You have a separate written agreement on the same subject with ABBYY terms of such agreement prevail over this EULA.
- Licenses to the SDK shall be considered granted only after payment of applicable consideration in accordance with article 14.6 to ABBYY or to ABBYY Partner except cases stated in Section 3 hereof.
- Limitations of Use
- In order to use the SDK You should perform Activation of the SDK after installation.
- You may not perform or make it possible for other persons to perform any activities included in the list below:
- 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 SDK 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 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.
- Modify, adapt (including any changes for the purpose of enabling the SDK to run on Your hardware), or make any changes to the object code of the SDK, applications and databases contained in the SDK other than those provided for by the SDK and described in the documentation.
- Correct errors in the SDK or translate the SDK without the prior written consent of ABBYY.
- Rent, lease, sublicense, assign or transfer any rights granted to You by this EULA and other rights related to the SDK to any other person, or authorize all or any portion of the SDK to be copied onto other Computers belonging to third parties unless otherwise stipulated in a separate written agreement with ABBYY.
- Make it possible for any person not entitled to use the SDK to access and/or use the SDK, including, without limitation, in a multi-user system, virtual environment, or via the Internet, unless otherwise stipulated in article 2.8.
- Remove, change or obscure any copyright, trademark or patent notice that appears on the SDK as delivered to You.
- You may not use the SDK as part of any service that provides the results or access to the results acquired through the use of the SDK (including recognition, conversion or data capture) (e.g. Business Process Outsourcing (BPO)), to any third party unless You have signed a separate written agreement with ABBYY.
- You may not distribute copies of the SDK or parts of the SDK or the Application to any third parties. You may not transfer License or the SDK to any third parties.
- You may only make a one-time permanent transfer of this SDK only directly to another End User. Such a transfer requires written approval by ABBYY. This transfer must include all of the SDK (including all copies, SDK Components, the media and printed materials, any 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 to not further transfer this EULA and SDK. You must uninstall the SDK from all of Your Computers or from Your local area network in the event of such SDK transfer.
- You shall display information about the trademarks that belong to ABBYY and about any other rights of ABBYY to the results of intellectual activity as specified below in Application documentation:
This software includes ABBYY® FlexiCapture® 12 SDK technologies © 2019 ABBYY Development Inc.
ABBYY and FLEXICAPTURE are either registered trademarks or trademarks of ABBYY Development Inc. and/or its affiliates. These designations can also be logos, product or company names (or part of any of the above) of ABBYY Development Inc. and/or its affiliates and may not be used without consent of their respective owners.
- Subcontractors. You may hire or engage one or more subcontractors to develop Your Application (which is integrated with SDK); provided, that (i) ABBYY shall not grant License to Your subcontractors (ii) Your subcontractor is bound by all limitations of use of the SDK, stated in this EULA while integrating SDK into Your Application (iii) You shall in all cases remain responsible of Your obligations under this EULA whether Your subcontractors comply the terms of using SDK, stated in this EULA, or not.
- In the event You develop an Application (which is integrated with SDK) other than for the purpose of Your Internal Use You shall enter into a separate written agreement with ABBYY prior to use the Runtime Licenses for your Application.
- Pre-Release and Trial SDK
- If the SDK for which You have received a License is: (a) pre-commercial release or Beta Release SDK (“Pre-Release SDK”); or (b) SDK that is labeled “Not for Resale”, “Try&Buy,”, “Trial”, “Demo” or was provided at no charge for trial, demonstration, evaluation, or testing purposes (collectively “Trial SDK”), then this Section 3 shall apply until You obtain (purchase) a commercial use License for the SDK. “Restricted SDK” shall mean both the Pre-Release SDK and the Trial SDK.
- In the event of any inconsistency between the provisions of this Section 3 and any other provision hereof, the terms and provisions of this Section 3 shall govern and control with respect to the Restricted SDK.
- 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 SDK (INCLUDING ITS TECHNICAL DOCUMENTATION) IS DELIVERED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. ABBYY DOES NOT WARRANT THAT THE RESTRICTED SDK IS ERROR FREE OR THAT IT WILL WORK IN ALL CIRCUMSTANCES. ABBYY DISCLAIMS ALL WARRANTIES AND INDEMNITIES WITH RESPECT TO THE RESTRICTED SDK, 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 NONINFRINGEMENT OF THIRD- PARTY RIGHTS.
- LIMITATION OF LIABILITY. USE OF THE RESTRICTED SDK IS AT YOUR SOLE RISK AND YOU ASSUME THE ENTIRE RISK OF ANY AND ALL CONSEQUENCES RELATING TO THE RESTRICTED SDK. 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 SDK, 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 SDK, WHICHEVER IS GREATER.
- Restricted SDK may have limited functionality, such as having functionality for a limited period of time (i.e. Trial Period) and upon expiration of permitted functionality (“time-out”), Your access and ability to use the Restricted SDK may be disabled. Upon the occurrence of a time-out, Your rights under this EULA shall terminate, unless You obtain a new License from ABBYY. ABBYY determines current duration of Trial Period and processing volume stated in a License Key.
- If You have been provided the Restricted SDK pursuant to a separate written agreement with ABBYY, Your use of the SDK is also governed by such agreement. To the extent that any term or condition of a separate written agreement is in conflict with any term or condition of this EULA, the separate written agreement shall supersede such other term(s) and condition(s) with respect to the SDK, but only to the extent necessary to resolve the conflict.
- Trial SDK
- ABBYY grants You and You accept a non-exclusive, non-transferable, non-assignable, royalty-free license to use the Trial ABBYY SDK by one of Your employees or one of Your agents on one computer, solely for the duration of the Trial Period and for the sole Internal Use purposes to assess the suitability of the ABBYY SDK for the development of an Application and for Your future projects with respect to any and all such Applications, and not for any production or commercial purposes. You shall be fully liable to ABBYY for all acts and omissions of any Your employee or Your agent.
- You may use Trial SDK only for Your internal evaluation and testing purposes. Notwithstanding anything to the contrary in article 2.6, You may not transfer or re-distribute the Trial SDK.
- You shall not use any results or outputs acquired through the usage of the Trial SDK in regular business activities and/or in a commercial operating environment, including, without limitation, in a way that can generate direct or indirect revenue.
- The Trial SDK has limited functionality, and Your access to the functionality of the Trial SDK is limited by a License Key (“Trial Period”) (i) in duration to sixty (60) days (and can be extended to a maximum of six (6) months) and (ii) in processing volume to ten thousand (10.000) A4 pages (and can be extended to a maximum of twenty thousands (20.000) pages). Expiration of Trial Period results in termination of the ability to use Trial SDK and may lead to inability to exploit any materials prepared by You during the use of Trial SDK. In order to continue exploitation of such materials You shall purchase the License.
- No maintenance or technical support is provided for Trial SDK. The Trial SDK is provided as a convenience and You agree that ABBYY is not obliged to provide any technical support, phone support, or updates for the ABBYY SDK. You may, however, request assistance from ABBYY to install and activate the SDK, or ask for assistance with respect to other questions or problems experienced during the use of the Trial SDK. ABBYY may, but is not obliged to, respond to such requests.
- After expiration of the Trial Period you shall obtain a new License for Trial SDK or buy a License for SDK, otherwise You shall remove all copies of SDK from all Your Computers, and remove them from all Your Applications.
- Pre-Release SDK
- Pre-Release SDK constitutes the Confidential Information of ABBYY.
- You acknowledge and agree that ABBYY has not publicly announced the availability of the final version of such SDK, that ABBYY has not promised or guaranteed to You that the final version of such SDK will be announced or made available to anyone in the future, that ABBYY has no express or implied obligation to You to announce or introduce such SDK. ABBYY may not introduce a SDK product similar to or compatible with such SDK. Accordingly, You acknowledge that any use, research or development that You perform with respect to such SDK is done entirely at Your own risk.
- Evaluation Obligations. You must evaluate Pre-Release SDK and provide ABBYY with feedback regarding Your evaluation and use of the Pre-Release SDK, including error or bug reports (“Feedback”). You agree that Your Feedback is made voluntarily and shall not create a confidentiality obligation from ABBYY to any party and ABBYY shall be free to use any Feedback in any manner without obligation of any kind to You.
- Confidentiality of Pre-Release SDK and its Results
- You agree not to disclose accompanying written, oral or electronic information divulged to You by ABBYY related to the Pre-Release SDK, any information about the quality of such Pre-Release SDK, or the quality of the results acquired through the use of such Pre-Release SDK. Feedback and any information about bugs, errors, and other problems discovered by You in the Pre-Release SDK are the Confidential Information of ABBYY.
- 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.
- You shall take all reasonable steps to prevent the disclosure of Confidential Information and to keep it confidential.
- 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 paragraphs 126.96.36.199 - 188.8.131.52 above, You shall compensate ABBYY for any loss resulting from such breach.
- Upon receipt of a later version of Pre-Release SDK or a commercial release of SDK, 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 SDK received from ABBYY.
- Not-for-Resale SDK
- If the SDK is labeled “Not for Resale” or “NFR,” then, notwithstanding other provisions hereof, You may only use such SDK for demonstration, verification or testing purposes.
- If the SDK is labeled as an update, You must own a license for the previous version of the SDK identified by ABBYY as being eligible for this update in order to use the SDK.
- The SDK labeled as an update replaces and/or supplements the product that formed the basis for Your eligibility for the update.
- You may only use the resulting updated product in accordance with the terms of the EULA supplied with this update.
- You acknowledge that any obligation ABBYY may have to support the version of the SDK being updated shall end upon the availability of the update.
- Unless (i) otherwise specified in a separate written agreement for Upgrade with ABBYY or (ii) Upgrade assurance had been included in the price of License for SDK You purchased, ABBYY is not obliged to provide you with Upgrades for SDK.
- ABBYY Samples
- ABBYY Samples are licensed, not sold, to You. ABBYY reserves all copyright and other intellectual property rights to the ABBYY Samples.
- You may include the ABBYY Samples into the Application and modify them, provided that You have a valid License to use the SDK.
- If You disclose to ABBYY the source code of any modifications made by You to the ABBYY Samples by any means, You grant to ABBYY a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sub-licensable right and license to use (including without limitation the right to reproduce, modify, adapt, publish, distribute, display, download, perform) such modifications. In this case, You warrant that the use of the abovementioned modifications in accordance with the terms stated herein does not violate or infringe any patent, copyright, trade secret or other rights of any third party. If You do not wish to grant the aforesaid license to the modifications to ABBYY, You shall not disclose to ABBYY the source code of such modifications.
- Technical Support and Maintenance
- You may be provided with ABBYY technical support, maintenance or professional services related to the SDK ("Support Services") subject to conditions of 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 with ABBYY with respect to such Support Services. Also You may be entitled to certain support services by an ABBYY Partner in accordance with an agreement between You and the ABBYY Partner with respect to such support services under the assumption that the ABBYY Partner’s agreement may not impose additional duties on ABBYY.
- General terms and conditions of the ABBYY support policy are published on the ABBYY Website at https://www.abbyy.com/sm-terms/. ABBYY reserves the right to change the support policy at any time without any prior notice.
- Any supplementary SDK code and any SDK component provided to You as part of Support Services is to be considered a part of the SDK and subject to the terms and conditions of this EULA.
- In order to enable effective Support Services, You may be asked to provide ABBYY or an ABBYY Partner with information about the characteristics of Your hardware, information contained in the License Key (Serial Number) of Your copy of SDK, as well as certain personal information, such as Your e-mail address. ABBYY may use the above-mentioned information as described in article 14.1 of this EULA.
- Ownership. Confidentiality
- No title to any of ABBYY's Intellectual Property Rights (including the SDK and any ABBYY patents, trademarks, or copyrights) is transferred to You. You shall not, in any way, during or after the term of the EULA, 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.
- ABBYY may immediately terminate this EULA if You dispute or contest, directly or indirectly, the validity or enforceability of ABBYY’s, its affiliates’ or its licensors’ exclusive rights to ABBYY’s intellectual property, or counsel, procure or assist any other person to do so. Such termination shall be without prejudice to ABBYY’s other rights and remedies under applicable law and this EULA. You shall use the rights to the SDK granted hereunder and the results of ABBYY’s intellectual activity related to the SDK solely to the benefit of ABBYY.
- No title to any of Your Intellectual Property Rights (including the Application and any of Your patents, trademarks, or copyrights) is transferred to ABBYY.
- The SDK 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, international treaty provisions, and the applicable laws of the country in which it is being used or obtained.
- All title and rights in and to the content that is not contained in the SDK, but may be accessed through the use of the SDK, 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.
- Any information about the SDK, including its source code, object code, any accompanying documentation, results of SDK performance testing, the terms of this EULA, ABBYY’s pricing policy, as well as other information marked confidential in this EULA, is confidential (hereinafter referred to as “Confidential Information”). ABBYY may publish Your company name and Your Application’s name in the list of programs that use the SDK in any public statement for commercial, marketing or other promotional purpose, without Your prior written consent.
- You shall not disclose Confidential Information to anyone other than Your employees during the entire term of this EULA. You shall not use or disclose Confidential Information for a period of five (5) years following the expiration or early termination of this EULA.
- You shall ensure that Your employees, agents and subcontractors to whom Confidential Information of ABBYY is disclosed or who have access to Confidential Information of ABBYY sign a non-disclosure agreement which must be sufficiently broad in scope so as to protect the Confidential Information.
- You agree to take all reasonable measures to prevent disclosure of Confidential Information or use of Confidential Information by third parties. Such measures shall include, but shall not be limited to, the highest degree of care that You exercise to protect your own confidential information of a similar nature. You shall notify ABBYY in writing of any misuse or misappropriation of Confidential Information.
- You may disclose Confidential Information only if You are officially requested to do so by state authorities and provided that You notify ABBYY about such a request in good time, so that ABBYY may contest such a request.
- You warrant that You are the exclusive owner of all rights in and to the Application and that the Application does not infringe the intellectual property rights of any third party.
- Limited Warranty. Disclaimers
- If required by the legislation of the country in which You obtained (purchased) the SDK, ABBYY warrants that the media on which the SDK 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 SDK starting from the date You obtained (purchased) the SDK.
- EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 7 (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 SDK (INCLUDING ANY THIRD PARTY SOFTWARE CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY SDK 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 SDK WILL CARRY NO ERRORS, MEET YOUR REQUIREMENTS, OR THAT THE SDK WILL FUNCTION PROPERLY WHEN USED IN CONJUNCTION WITH ANY OTHER SOFTWARE OR HARDWARE. ABBYY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SDK. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SDK LIES WITH YOU. FURTHERMORE, ABBYY MAKES NO WARRANTIES FOR ANY THIRD-PARTY SOFTWARE PRODUCTS WHICH MAY BE SUPPLIED WITHIN THE SDK.
- ABBYY cannot warrant the performance of any Application created for You or by You by means of the SDK, nor does ABBYY make any representations or warranties with respect to the performance of the SDK integrated into the Application. ABBYY will not be liable for any direct or indirect damages resulting from errors or misprints in the SDK. The SDK is licensed for use “as is” without a warranty of any kind.
- SDK is not designed, intended, or authorized for use in any type of a system or application in which the failure of the SDK could create a situation where personal injury or death may occur (e.g., medical systems, life sustaining or lifesaving systems). Should You use SDK for any such unintended or unauthorized use, You hereby agree to indemnify, defend, and hold ABBYY and its officers, subsidiaries and affiliates harmless against all claims, costs, damages, expenses, and reasonable attorney fees arising out of, directly or indirectly, such use and any claim of product liability, personal injury or death associated with such unintended or unauthorized use, even if such claim alleges that ABBYY was negligent regarding the design or manufacture of SDK.
- Limitation of Liability. Defense and Indemnification by ABBYY
- 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 SDK, OR DAMAGES CAUSED BY POSSIBLE ERRORS OR MISPRINTS IN THE SDK, 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 SDK SHALL BE LIMITED TO THE PURCHASE PRICE ORIGINALLY PAID FOR THE SDK, AND IN ANY CASE SHALL BE LIMITED TO THE PURCHASE PRICE ORIGINALLY PAID FOR THE SDK, IF ANY.
- You shall compensate ABBYY in full for any damage that may be caused by Your breach of one or more of Your obligations under this EULA, including, but not limited to, any damage caused by third parties who may have received access to the SDK as a result of Your breach or as a result of hiring or engaging subcontractors in accordance with this EULA.
- If You breach the terms of Sections 2, 4 or articles 6.7, 6.8, 6.9, 6.11 of this EULA, or violate any of ABBYY’s rights to the SDK, ABBYY has the right to demand a compensation for stipulated damages up to thirty thousand ($30,000) United States dollars per infringement event. ABBYY keeps the right to claim damages arising from each such infringement and not covered by the stipulated damages here above (including direct and indirect damages, loss of profits), and You agree to compensate them.
- In the event any third party makes a claim against You alleging that the SDK infringes upon such third party’s U.S. patent or copyright, or misappropriates any trade secret rights, ABBYY may, at its option, (i) modify the SDK in such a way that it shall not infringe upon or misappropriate the rights of the third party, or (ii) obtain for You a license or other right to use the SDK. If the foregoing options are not practical or available on commercially reasonable terms and conditions as determined by ABBYY in its sole judgment, ABBYY may require the return of the SDK, and upon its return refund to You amounts paid for the SDK, minus a reasonable allowance for the period You used the SDK on a five year use amortization basis.
- Limits on Defense and Indemnification
- ABBYY shall have no obligation specified in article 8.4 if You do not: (A) notify ABBYY in writing of any such claim promptly after Your receipt of such claim, or (B) cooperate with ABBYY in the defense or any related settlement negotiations.
- ABBYY shall have no defense or indemnity obligation, including without limitation, for SDK or its documentation or any portion or component thereof, (no matter who creates or provides it): (A) that is not provided by ABBYY, (B) that is modified by a party other than ABBYY and not at its direction, if the alleged infringement would not have occurred in the absence of such modification, (C) that is combined with other products, processes or materials where the alleged infringement would not have occurred in the absence of such combination, (D) to the extent You continue allegedly infringing activity or use allegedly infringing versions of the SDK or its documentation, or any portion or component thereof, after (1) being notified thereof, and (2) being provided at no additional cost modifications that would have avoided the alleged infringement without significant loss of performance, compatibility or functionality, (E) where Your use or distribution of the SDK, rather than the SDK itself, is not consistent with the terms and conditions hereof or any applicable license or is the primary cause of an alleged infringement, (F) that is the result of, in whole or in part, due to Your specifications or other direction, information received from You, or otherwise caused by You; or (G) to the extent the claim is based on infringing activity that occurred after the expiration or termination of this EULA or the license(s) granted under this EULA.
- Third-Party Software/Open Source Software.
- The SOFTWARE may contain components of other software, which are the property of their respective owners. Open source software not owned by ABBYY is subject to separate license terms to comply with as set out in Appendix 1, Documentation or at https://www.abbyy.com The applicable open source licenses will not materially or adversely affect Your ability to exercise Usage Rights in applicable SOFTWARE. ABBYY makes no warranties for any Third Party Software/Open Source Software, its changes or updates. ABBYY may change Third Party Software/Open Source Software at any time without prior notice.
- Limitations for SDK obtained in the USA.
- Government Use. The SDK and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.
- Export controls
- Usage rights for SOFTWARE may be granted in the Territory and are subject to Economic Sanctions Laws (as further defined). You acknowledge and agree to the applicability of and Your compliance with those laws, and You will not receive, use, transfer, directly or indirectly export or re-export, or otherwise deliver the any SOFTWARE to Embargoed Countries (as further defined), and/or broker, finance, or otherwise facilitate any transaction in violation of any Economic Sanctions Law, and/or in a way that would cause ABBYY to violate those laws. You also agree to obtain any required licenses or authorizations. You represent and warrant that You are not prohibited under applicable laws from receiving the SOFTWARE.
- Territory means worldwide excluding all Embargoed Countries, including but not limited to: Syria, Darfur (Sudan), Iran, North Korea, Somalia, Yemen and Cuba. The scope of Territory is subject to change without notice.
- You represent that You are and has been in compliance with all laws and regulations administered by the US authorities, including the OFAC, European Union, United Nations or any other applicable governmental entity imposing economic sanctions and trade embargoes ("Economic Sanctions Laws") against designated countries and territories ("Embargoed Countries"), regimes, entities, and persons (collectively, "Embargoed Targets"). You represent that You are not and had not been an Embargoed Target or otherwise subject to any Economic Sanctions Law.
- Governing Law
- If the SDK was obtained in the United States, Canada, 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 SDK, 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 SDK was obtained in the United States, You obtained (purchased) the SDK from ABBYY USA Software House, Inc.
- If the SDK 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.
- If the SDK was obtained in Austria, Belgium, Bulgaria, Croatia, the Czech Republic, Denmark, Finland, France, Hungary, Italy, Germany, Luxembourg, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Latvia, Lithuania, Estonia or any other member state of the European Union, that is not directly mentioned in article 12.4 of this EULA, or in Switzerland, Norway, Iceland or Liechtenstein, Albania, Bosnia and Herzegovina, Georgia, Iraq, Israel, the Republic of North Macedonia, Turkey, Serbia, Montenegro, Moldova and Ukraine, this EULA shall be governed by and construed in accordance with the substantive law of Germany. The courts of Munich shall have exclusive jurisdiction over all disputes relating to this EULA.
- If the SDK was obtained in the United Kingdom of Great Britain and Northern Ireland, Republic of Ireland, the Cayman Islands, Gibraltar, Guernsey, the Isle of Man, Jersey, and the British Virgin Islands 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.
- If the SDK was obtained in Australia, New Zealand, Papua New Guinea, Christmas Island, Cocos (Keeling) Islands, Cook Islands, Fiji, Niue, Norfolk Island, Tokelau this EULA shall be governed by and construed in accordance with the Laws of the State of New South Wales, Australia and the parties accept the exclusive jurisdiction of the State and Federal Courts in the State of New South Wales.
- In the cases described in articles 12.1-12.5, 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.
- If the SDK was obtained (purchased) in a country other than the countries specified in articles 12.1-12.5, this EULA shall be governed by and construed in accordance with the substantive law of England and Wales. Each party irrevocably agrees that any dispute, controversy or claim arising out of or in connection with this EULA, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of Stockholm Chamber of Commerce (SCC) and in accordance with its Arbitration Rules. The arbitral tribunal shall be composed of three (3) arbitrators. The language to be used in the arbitral proceedings shall be English.
- Unless otherwise agreed with ABBYY in a separate written agreement or except as otherwise provided by the EULA or the documentation for the SDK, this EULA is effective in perpetuity from the date which You first demonstrated 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 SDK copyright and shall automatically expire without further notice when such time period elapses.
- 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 SDK, and all of its component parts and remove the SDK from Your Computers.
- You may terminate this EULA by destroying all copies of the SDK and all of its component parts and by removing the SDK.
- Such termination does not relieve You of Your obligation to pay for the SDK. Sections 2, 4, 6, 7, 8, 9, 12, 13, 14, and article 3.8 shall survive the termination or expiration of this EULA, howsoever caused, but this shall not imply or create any continued right to use the SDK after termination or expiration of this EULA.
- Upon termination of this EULA You shall immediately cease all access to and use of the SDK.
- The SDK sends to ABBYY the pseudonymized information about the Application identification data of End User’s device during the activation, deactivation, and re-activation of the Application or while using the Application (if applicable), and/or End User’s usage of Licenses and/or information about number of units (e.g. pages, fields, or documents, depending on the SDK and type of license) recognized through the use of a License during the activation, deactivation, and re-activation of the Application or while using the Application (if applicable). The aforementioned information about the End User’s use of the SDK shall be used for security (e.g. fraud prevention) and statistical (e.g. billing and analytical) purposes.
- You acknowledge that the SDK may have a periodic Internet connection with an ABBYY server to check the status of the SOFTWARE or download additional content, information or components. In the course of limited License activation, re-activation, and deactivation, ABBYY may collect pseudonymized information about a) Your device’s hardware configuration and operating system configuration (e.g., version of operating system), and/or b) Your usage of licenses and/or information about number of pages recognized through the use of a license (if applicable). Such information can be to manage the license restrictions, stated in the License Key or in written agreement with ABBYY (or ABBYY Partner or in the invoice) and used for security (e.g. fraud prevention) and statistical (e.g. billing and analytical) purposes.
- ABBYY may send You e-mails containing product and company news, information about special offers, advice on ABBYY products usage, and other product and company-related information provided ABBYY has a legitimate ground for this (e.g., your consent to receive such information). You may remove Your e-mail address from ABBYY's mailing list at any time by clicking on the unsubscribe link located at the bottom of each email.
- If any claims or lawsuits are brought against You in connection with Your use of the SDK, You shall promptly inform ABBYY about them in writing and whenever practicable within three (3) business 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 or 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.
- Unless otherwise agreed by the parties, the SDK licensed under this EULA requires the payment of 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 the value of equipment or hardware obtained by You, or is part of the consideration payable by You for the full version of the SDK. . If You use the SDK on a Subscription-based model, Your rights to use it are limited to the subscription terms which become the integral part of this EULA and which may be found via this link: https://www.abbyy.com/en-us/legal/subscription-terms/. Subscription-based model means that You shall pay subscription fee(s) in order to use the SDK under the conditions of this EULA and the subscription terms during the specific time period (Subscription term). After the expiration of the Subscription term, the functionality of the SDK will be no longer available until You make a payment to extend Your Subscription term. All bank transfer charges will be at Your expense.
- ABBYY may undertake a substantive audit procedure of Your records to verify compliance with this EULA no more than once every twelve (12) months. Such audit is to be carried out at ABBYY’s expense. If the post audit verified records reveals an omission greater than five (5) percent from the consideration paid by You, You will, in addition to paying the difference in consideration, also reimburse ABBYY’s auditing expenses.
- 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.
to the End User License Agreement
Third Party Software/Open Source in ABBYY® FlexiCapture® 12 SDK
(do not translate)
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.
You shall comply with and reproduce these terms verbatim in the Application EULA (if any):
The technologies of Microsoft Corporation or their parts (hereinafter referred to as the "Microsoft Technologies") listed hereof are used in the SDK. The Microsoft Technologies are distributed under the Microsoft Software License Terms accompanying the Microsoft Technologies.
Technologies of Microsoft Corporation used in the SDK:
- MICROSOFT HD PHOTO 1.O DEVICE PORTING KIT (A.K.A. MICROSOFT WINDOWS MEDIA PHOTO 1.0 DEVICE PORTING KIT)
© 2005-2006 Microsoft Corporation. All rights reserved. Microsoft is either registered trademark or trademark of Microsoft Corporation in the United States and/or other countries.
The Microsoft Technologies are licensed, not sold. This EULA only gives You some rights to use the Microsoft Technologies. Microsoft reserves all other rights. Unless applicable law gives You more rights despite this limitation, You may use the Microsoft Technologies only as expressly permitted in the Microsoft Software License Terms and in this EULA. In doing so, You must comply with any technical limitations in the Microsoft Technologies that only allow You to use it in certain ways. You may not:
* use the Microsoft Technologies for any other purpose than the one intended. The Microsoft Technologies’ purpose is for the implementation of HD Photo encoders and/or decoders in XML Paper Specification products that comply with and support the HD Photo 1.0 file format (a.k.a. the Windows Media Photo 1.0 file format) as defined in the specification(s) provided in the Microsoft Technologies.
* publish the Microsoft Technologies for others to copy;
* rent, lease or lend the Microsoft Technologies;
* transfer the Microsoft Technologies or this Microsoft Software License Terms to any third party other than as expressly permitted thereunder.
Export restrictions. The Microsoft Technologies are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Microsoft Technologies. These laws include restrictions on destinations, end users and end use. For additional information, seewww.microsoft.com/exporting.
Datalogics Software and Adobe Products (Adobe PDF Library and Adobe Color Profile)
You shall comply with and reproduce the following terms of paragraphs 9.3.1 – 9.3.11 therein in the Application EULA:
Copyright 2000 - 2012 Datalogics, Inc.
Copyright 1984 - 2012 Adobe Systems Incorporated and its licensors. All rights reserved.
The term " Datalogics Software and Adobe Products" means Datalogics Software and third party products (including Adobe Products) and related documentation, and any upgrades, modified versions, updates, additions, and copies thereof.
You acknowledge and agree that third party licensors are the owners of certain proprietary information and intellectual property rights included in the SDK 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.
License Grant and Restrictions. ABBYY grants you a non-exclusive right to use the Datalogics Software and Adobe Products under the terms of this EULA. You may make one backup copy of the Datalogics Software and Adobe Products, provided the backup copy is not installed or used on any computer.
Intellectual Property Rights. The Datalogics Software and Adobe Products incorporated into the SDK 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. The Datalogics Software and Adobe Products are also protected by United States Copyright law and International Treaty provisions. You may not copy the Datalogics Software 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 Datalogics Software and Adobe Products. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Datalogics Software and Adobe Products. Except as stated above, this EULA does not grant you any intellectual property rights in the Datalogics Software and Adobe Products.
Font License. If You are the End User 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.
Warranty. ABBYY AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE RESULTS YOU MAY OBTAIN BY USING THE SDK.
Export Rules. You agree that the Datalogics Software 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 Datalogics Software 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 Datalogics Software and Adobe Products. All rights to use the Datalogics Software and Adobe Products are granted on condition that such rights are forfeited if you fail to comply with the terms of this EULA.
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.
General Provisions This EULA shall not prejudice the statutory rights of any party dealing as a consumer.
Trademarks. Trademarks appearing herein are either registered trademarks or trademarks of their respective owners in the United States and/or other countries, including but not limited to Adobe and Adobe PDF Library, that are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.
WIBU, CodeMeter, SmartShelter, SmartBind are registered trademarks of Wibu-Systems.
German export regulations apply in the event of an export of Wibu-Systems products.
Cuminas DjVu® SDK
You shall comply with and reproduce the following terms of paragraphs 9.6.1 - 9.6.3 therein in the Application EULA:
Portions of this computer program are copyright © 2008 Celartem, Inc. All rights reserved. Portions of this computer program are copyright © 2011 Caminova, Inc. All rights reserved. Portions of this computer program are copyright © 2013 Cuminas, Inc. All rights reserved. DjVu is protected by U.S. Patent No. 6,058,214. Foreign Patents Pending. Powered by AT&T Labs Technology.
You have the right to use DjVu SDK as part of the SDK for the entire period of such SDK copyright or for another lesser term of use, stated in the EULA, or in a separate agreement with ABBYY or ABBYY Partner.
You may not perform or make it possible for other persons to perform 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 SDK 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 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.
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 SDK WILL CARRY NO ERRORS, MEET YOUR REQUIREMENTS, OR THAT THE SDK WILL FUNCTION PROPERLY WHEN USED IN CONJUNCTION WITH ANY OTHER SDK OR HARDWARE. ABBYY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULT YOU MAY OBTAIN BY USING THE SDK. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SDK LIES WITH YOU. FUTHERMORE ABBYY MAKES NO WARRANTIES FOR ANY THIRD PARTY SOFTWARE PRODUCTS WHICH MAY BE SUPPLIED WITHIN THE SDK.
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 DAMAGE, OR ANY LOST PROFITS OR LOST SAVINGS RESULTING FROM AND/OR RELATING TO THE USE OF THE SDK, OR DAMAGES CAUSED BY POSSIBLE ERRORS OR MISPRINTS IN THE SDK, 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 SDK, IF ANY.
Limitations for SOFTWARE obtained at the USA.
Government Use. If use is made of the SDK 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.
Export rules. You agree that You shall not export or re-export the SDK in violation of any export provisions in the laws of the country in which this SDK was purchased or otherwise acquired. In addition, You represent and warrant that You are not prohibited under applicable laws from receiving the SDK.
Third Party Code:
Oniguruma Copyright © 2002-2006 K.Kosako <sndgk393 AT ybb DOT ne DOT jp>. 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.
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.
You shall make the terms specified in this paragraph 9.5.4 hereof a part of Your Application in the form of separate text files. Your Application may not be distributed to the End User without these separate text files containing the following terms:
Expat, Release 2.0.1 Copyright © 1998, 1999, 2000 Thai Open Source Software Center Ltd and Clark Cooper
Copyright © 2001, 2002, 2003, 2004, 2005, 2006 Expat maintainers. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
JasPer License Version 2.0 Copyright © 2001-2006 Michael David Adams Copyright © 1999-2000 Image Power, Inc. Copyright © 1999-2000 The University of British Columbia All rights reserved. Permission is hereby granted, free of charge, to any person (the "User") obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notices and this permission notice (which includes the disclaimer below) shall be included in all copies or substantial portions of the Software. The name of a copyright holder shall not be used to endorse or promote products derived from the Software without specific prior written permission. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. THE SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE. NO ASSURANCES ARE PROVIDED BY THE COPYRIGHT HOLDERS THAT THE SOFTWARE DOES NOT INFRINGE THE PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER ENTITY. EACH COPYRIGHT HOLDER DISCLAIMS ANY LIABILITY TO THE USER FOR CLAIMS BROUGHT BY ANY OTHER ENTITY BASED ON INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. AS A CONDITION TO EXERCISING THE RIGHTS GRANTED HEREUNDER, EACH USER HEREBY ASSUMES SOLE RESPONSIBILITY TO SECURE ANY OTHER INTELLECTUAL PROPERTY RIGHTS NEEDED, IF ANY. THE SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT INTENDED FOR USE IN MISSION-CRITICAL SYSTEMS, SUCH AS THOSE USED IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE OR SYSTEM COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). THE COPYRIGHT HOLDERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.”
Expat, Release 2.0.1 Copyright © 1998, 1999, 2000 Thai Open Source Software Center Ltd and Clark Cooper
Whereas the ABBYY SDK incorporates TWAIN toolkit, You agree to be bound by the following provisions and to include them in (i) the header or similar file in Application and (ii) prominently in its documentation:
The TWAIN Toolkit is distributed as is. The developer and distributors of the TWAIN Toolkit expressly disclaim all implied, express or statutory warranties including, without limitation, the implied warranties of merchantability, noninfringement of third party rights and fitness for a particular purpose. Neither the developers nor the distributors will be liable for damages, whether direct, indirect, special, incidental, or consequential, as a result of the reproduction, modification, distribution or other use of the TWAIN Toolkit.
Microsoft Visual C++ 2015 Runtime Library, Microsoft Visual C++ 2015 OMP Library
You shall comply with and reproduce these terms verbatim in the Application EULA:
The technologies of Microsoft Corporation or their parts (hereinafter referred to as the "Microsoft Technologies") listed hereof are used in the Application. The Microsoft Technologies are distributed under the License Terms accompanying the Microsoft Technologies.
Technologies of Microsoft Corporation used in the Application:
- Microsoft Visual C++ 2015 Runtime Library
- Microsoft Visual C++ 2015 OMP Library
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10/11/2022 3:35:28 PM