Contrat de licence utilisateur final (CLUF)
End-User License Agreement (EULA)
Important! Read the following terms carefully before installing, copying and/or otherwise using ABBYY® FlexiCapture® (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, on the one hand and ABBYY, on the other.
This EULA comes into effect 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 any copies of the SOFTWARE in Your possession. This EULA is binding for the entire period that You use the SOFTWARE unless otherwise stated in this EULA or in a separate written agreement with ABBYY.
The SOFTWARE is protected by copyright laws and international treaty provisions and some portions are protected by patent and trade secret laws. The SOFTWARE 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 a separate written agreement with regard to the SOFTWARE 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 15.1 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 15.2 of this EULA applies;
ABBYY Europe GmbH, registered at Tassiloplatz 25 – 27, 81541 Munich, Germany, when article 15.3 of this EULA applies;
ABBYY UK Ltd., registered at Centrum House, 36 Station Road, Egham, Surrey, TW20 9LF, United Kingdom, when article 15.4 of this EULA applies;
ABBYY PTY Ltd., registered at Citigroup Building’, Level 13, 2-26 Park Street, Sydney NSW 2000, Australia, when article 15.5 of this 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 that is authorized 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 running a specified operating system. Any changes to the configuration or composition of the Computer could result in the Computer being treated as 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 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.
“Online license” means SOFTWARE 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 SOFTWARE over the internet.
“Residual Information” means any of the generalized knowledge, techniques, methodologies, practices, processes, skills, experience, expertise, concepts, ideas, and knowhow learned or acquired by ABBYY’s personnel in the course of providing the ABBYY Software and/or Support Services to You hereunder solely to the extent that they are retained in intangible form in the unaided memory of the personnel of ABBYY without intentionally memorizing such information or using any Your Confidential Information to refresh its recollection.
“SOFTWARE” means ABBYY FlexiCapture including any and all of the software components embedded in it or made available online or in other ways, including, but not limited to, executable, help, demo, sample, and other files; libraries, databases, samples, associated media (images, photos, animations, audio components, 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, including but not limited to Online license.
“Software Maintenance and Upgrade Assurance Terms” or “SMUA Terms” means certain ABBYY terms governing provision of Support Services. SMUA Terms are subject to change from time to time by ABBYY at its sole discretion, and constitute an integral part of this EULA. The current version of SMUA Terms is available at https://www.abbyy.com/sm-terms/
“Station” means a part of the SOFTWARE, that can be installed as a separate SOFTWARE application, or as a thin browser-based client, or as a mobile app, and solves one or more tasks constituting the functionality of the SOFTWARE.
“Subscription” means Your commitment to pay fee(s) to ABBYY for SDK usage rights during the Subscription Term, according to the fees stated in the applicable order, and in consideration of such payment, ABBYY’s commitment to grant You Usage rights during the Subscription Term. ABBYY’s Subscription terms are at https://www.abbyy.com/legal/subscription-terms/.
“Subscription Term” means the period during which ABBYY grants You Usage rights commencing on the Delivery Date and continuing until expiration or termination of the Subscription, during which period You have the right to use the applicable SOFTWARE.
“Support Services” means ABBYY technical support and/or maintenance related to the SOFTWARE.
“You”, “Your” and “End User” refer to and include any person and/or any entity that obtained this SOFTWARE for his/her or its own use and not for purposes of further resale and any actual user of the SOFTWARE.
1. License Grant
1.1.1. Number of Stations. The types of Stations and permitted number of their installations may be limited.
1.1.2. Processing volume. The number of volume units (e.g. pages, words, symbols) that may be processed with the SOFTWARE 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 or annually, or on the overall number of volume units that may be processed. The size of a page or other volume unit may also be limited.
1.1.3 Duration. Use of the SOFTWARE may be limited to a specific period of time, and the SOFTWARE may not be used after the expiration of such time period.
If You license the SOFTWARE on a Subscription basis, You pay Subscription fee to use SOFTWARE subject to this EULA during the Subscription Term, i.e. Your right to use the Software lasts while Subscription Term lasts. After the expiration of the Subscription Term, the functionality of the SOFTWARE will be no longer available unless You renew a Subscription. If you license the Software on a perpetual basis, You shall be governed by Your quote/order in terms of payment.
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 License Key and/or written agreement between You and ABBYY or an ABBYY Partner, and/or the documentation accompanying the purchase.
1.1.5 Processing Power. The number of CPU (central processing unit) cores of the Computers which can be utilized by the SOFTWARE may be limited by License Key and/or written agreement between You and ABBYY or an ABBYY Partner, and/or the documentation accompanying the purchase.
1.2 All rights not expressly granted to You by the EULA are reserved by ABBYY. This EULA does not grant You any rights in connection with any trademarks of ABBYY.
1.3 Any use of the SOFTWARE or its 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.
1.4 If You deploy or use the SOFTWARE in a virtual environment, including, without limitation, by means of VMware, Citrix or ghosting, the access to or use of the SOFTWARE may in no way exceed the restrictions on the SOFTWARE, or the scope of the License that has been granted. For instance, one and 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, nor may the SOFTWARE be used to process more than the total number of pages that has been permitted.
1.5 If You use the SOFTWARE by means of a Web browser, You may simultaneously access the SOFTWARE by as many stations as permitted by the scope of Your License and specified in the License Key.
1.6 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 the SOFTWARE in accordance with the scope of Your License.
2. Limitations of Use
2.2 You may not perform or make it possible for other persons to perform any activities included in the list below:
2.2.1 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 must not be disclosed to third parties except as 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.
2.2.2 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.
2.2.3 Correct errors in the SOFTWARE or translate the SOFTWARE without the prior written consent of ABBYY.
2.2.4 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 other Computers (except as described in article 2.5) unless otherwise authorized in writing by ABBYY.
2.2.5 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.
2.2.6 Remove, change or obscure any copyright, trademark or patent notices that appear on the SOFTWARE as delivered to You.
2.3 You may not use the SOFTWARE to provide paid or free services based on the SOFTWARE functionality (including recognition, conversion, document capture and classification) 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 the SOFTWARE functionality (including recognition, conversion, document capture and classification) as its component to any third party unless You have entered into a separate written agreement with ABBYY.
2.4 You may not bypass the SOFTWARE’s user interface that is provided with the SOFTWARE, or use the SOFTWARE in aggregate with any other software unless you have entered into a separate written agreement with ABBYY.
2.5 You may only make a one-time permanent transfer of this SOFTWARE directly to another end user. If You are an entity, such a transfer requires written approval by ABBYY. Such transfer must include all of the SOFTWARE (including all copies, component parts, the media and printed materials, and 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 SOFTWARE. You must uninstall the SOFTWARE from Your Computer or from Your local area network in the event of such SOFTWARE transfer.
3. Pre-release, Trial or Demo SOFTWARE
3.1 If the SOFTWARE You have received with this License is a pre-commercial release or Beta-Release Software, provided for a trial or for demonstration, verification or testing purposes, has limited or less than full functionality, labeled “Not for Resale”, “Trial”, “Demo” or was provided at no charge (“Restricted Software”), then this article 3 shall apply until such time that You obtain (purchase) a License for the full version of the SOFTWARE. To the extent that any provision in this is in conflict with any other term or condition in this EULA, this article shall supersede such other term(s) and condition(s) with respect to the Restricted Software, but only to the extent necessary to resolve the conflict.
3.2 THE RESTRICTED SOFTWARE IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY OR INDEMNITY (EXPRESS, IMPLIED OR STATUTORY) OF ANY KIND. THE RESTRICTED SOFTWARE DOES NOT REPRESENT FINAL SOFTWARE FROM ABBYY, AND MAY CONTAIN BUGS, ERRORS AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM OR OTHER FAILURES AND DATA LOSS. TO THE GREATEST EXTENT ALLOWABLE UNDER APPLICABLE LAWS, NO WARRANTY SHALL APPLY TO THE RESTRICTED SOFTWARE, AND FOR CLARITY YOU ACKNOWLEDGE THAT ABBYY DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WHERE LIABILITY CANNOT BE EXCLUDED BUT MAY BE LIMITED, ABBYY’S TOTAL LIABILITY AND THAT OF ITS PARTNERS SHALL BE LIMITED TO THE SUM OF FIFTY UNITED STATES DOLLARS (U.S. $50) OR THE TOTAL AMOUNT YOU PAID FOR THE SOFTWARE, WHICHEVER IS GREATER.
3.3 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 a time-out, Your rights under the EULA shall terminate, unless You obtain a new License from ABBYY.
3.4 Restricted Software for which there has not been a commercial release.
3.4.1 Restricted Software for which there has not been a commercial release constitutes the Confidential Information of ABBYY.
3.4.2 As to Restricted Software for which there has not been a commercial release, 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.
3.4.3 You agree to provide feedback to ABBYY regarding testing and use of the Restricted Software, including error or bug reports (“Feedback”), and to entirely transfer and grant to ABBYY all rights in such Feedback, including without limitation, the rights to use, publish and disseminate the Feedback. All Feedback constitutes the confidential information of ABBYY.
3.4.4 Confidentiality of Restricted Software for which there has not been a commercial release and its Results:
You agree not to disclose accompanying written, oral or electronic information divulged to You by ABBYY related to the Restricted Software for which there has not been a commercial release. Any information about the quality of such Restricted Software or the quality of the results acquired through the use of such Restricted Software, Feedback, and any information about bugs, errors and other problems discovered by You in the Restricted Software for which there has not been a commercial release are the confidential information of ABBYY.
3.4.5 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.
3.4.6 You shall take all reasonable steps to prevent the disclosure of confidential information and to keep it confidential.
3.4.7 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 3.4.4-3.4.6 above, You shall compensate ABBYY for any loss resulting from such breach.
3.4.8 Upon receipt of a later version of Restricted Software or a commercial release of such 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 Restricted Software received from ABBYY.
3.4.9 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, such as the Mutual Non-Disclosure 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.
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.
5.1 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 the 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 Support Services subject to SMUA Terms; 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 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 restriction that the ABBYY Partner’s agreement may not impose additional duties on ABBYY.
6.2 In addition to the general terms and conditions, ABBYY may have specific support policies in specific regions which may be regulated by separate agreements.
6.3 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.
6.4 To be eligible for Support Services, You shall have a valid Support and Maintenance Agreement. If You have no valid Support and Maintenance Agreement, ABBYY reserves the right to withhold delivery of Support Services.
In case of Subscription-based model, Support Services (default level) is provided to You as a part of Subsciption and shall be provided to you based on SMUA Terms. In case of contradiction between the SMUA Terms and EULA, the SMUA Terms shall prevail. In case You wish to have an additional level of support, You, if eligible, may purchase an extended level of Support Services.
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, 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 Intellectual Property Rights.
7.5 Residual Information. It is important for ABBYY to be able to use its skills, experience, expertis, concept, ideas, and knowhow learned or acquired while providing the ABBYY Software and or Support Services to You or any of ABBYY clients in the ordinary course of its business. Therefore, hereby You agree that ABBYY is entitled to retain and use without restriction any Residual Information. Nothing in this EULA is to be construed as to prevent ABBYY from being able to do so, and further, such retention and use of Residual Information shall not be construed as a breach of this EULA.
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 You obtained (purchased) 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 ANY THIRD PARTY SOFTWARE CONTAINED THEREIN), 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 ANY WARRANTIES OF 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. FURTHERMORE 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 ABBYY 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 two (2) years if You are a consumer, and one (1) year if not. 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 to SOFTWARE that has been altered by You, to the extent such alterations caused a defect. To make a warranty claim, during the limited warranty period You must return, at our expense, the SOFTWARE and proof of purchase 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 Europe GmbH, Tassiloplatz 25 – 27, 81541 Munich, Germany, e-mail: email@example.com.
10.2 If You obtained Your copy of the SOFTWARE in Germany or Austria, and You usually reside in such country, 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. Warranty Exclusion and Limitations for Users Residing in Australia
11.1 If you obtained Your copy of the SOFTWARE in Australia, and You usually reside in such country then:
11.1.1 ABBYY’s goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
11.1.2 Where ABBYY provides any additional express warranty or warranties with the SOFTWARE, the benefits given to you by such warranty or warranties are in addition to and do not replace your other rights and remedies under the Australian Consumer Law. To make a warranty claim, You must return, at Your expense, the SOFTWARE and proof of purchase to the location where You obtained it, or, where return is not possible, make the SOFTWARE available for inspection by ABBYY or its representative. No claim will be valid under the warranty unless the SOFTWARE has been tested and deemed defective by ABBYY pursuant to the terms of the warranty. If the SOFTWARE is determined to be defective (in the discretion of ABBYY), ABBYY is entitled (at its own discretion) to repair or replace the SOFTWARE. For further warranty information, please contact ABBYY PTY Ltd.: ‘Citigroup Building’ Level 13, 2 Park Street, SYDNEY NSW 2000 Australia, tel.: +61 (02) 9004 7401; e-mail: firstname.lastname@example.org.
11.1.3 Subject to Your rights arising under the Competition and Consumer Act 2010 (Cth) or other similar consumer legislation, You agree that ABBYY will not be liable in respect of any claim by You (whether contractual, tortious, statutory or otherwise) for any direct, special, incidental, indirect or consequential damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the SOFTWARE or the provision of any other goods or services under this EULA or any other written agreement executed between You and ABBYY or an ABBYY Partner and whether as a result of any breach or default by ABBYY or any negligence of ABBYY. The maximum liability of ABBYY and that of its Partners under this EULA and any other written agreement executed between You and ABBYY or an ABBYY Partner for any and all breaches, and any negligence in relation to such agreements, will be limited to the sum of fifty United States Dollars (U.S. $50) or the total amount You paid for the SOFTWARE, whichever is greater.
11.1.4 If the Competition and Consumer Act 2010 (Cth) (or analogous legislation) applies and permits the limitation of liability for breach of warranty implied by statute, the liability of ABBYY is limited, at the option of ABBYY, to:
18.104.22.168 In the case of goods, any one or more of the following: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and
22.214.171.124 In the case of services: (i) the supplying of the services again; (ii) or the payment of the cost of having the services supplied again.
11.1.5 Any of the terms and conditions of this EULA which limit or exclude any term, condition or warranty, express or implied, or the liability of ABBYY will apply to the extent permitted by Australian law and will not be construed as excluding, qualifying or limiting Your statutory rights or remedies arising by virtue of the breach of any implied term of this EULA where such exclusion, qualification or limitation would be prohibited by statute.
11.1.6 If You are a consumer (as defined in the Competition and Consumer Act 2010 (Cth)), then nothing in this EULA restricts, limits or modifies Your rights or remedies against ABBYY for the failure of a statutory guarantee under the Australian Consumer Law where such restriction, limitation or modification would be prohibited by the Competition and Consumer Act 2010 (Cth).
12. Additional Limitations for SOFTWARE obtained in the USA
Government Use. The Licensed Software 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.
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 list 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.
14. 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 www.ABBYY.com. The applicable open source ABBYY 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 and may change it at any time without prior notice.
15. Governing Law
15.1 If the SOFTWARE 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 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.
15.2 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.
15.3 If the SOFTWARE 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 15.4 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.
15.4 If the SOFTWARE was obtained in the United Kingdom of Great Britain and Northern Ireland, the 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.
15.5 If the SOFTWARE 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.
15.6 In the cases described in articles 15.1 - 15.5, 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.
15.7 If the SOFTWARE was obtained (purchased) in a country other than the countries specified in articles 15.1 - 15.5, this EULA shall be governed by and construed in accordance with the laws of the Republic of Cyprus and in case of any disputes the District Court of Nicosia shall be the competent court having jurisdiction in respect hereof.
16.1 Unless otherwise agreed with ABBYY upon in a separate written agreement, this EULA is effective until terminated. Upon expiration of the EULA You must destroy all copies of the SDK, and all of its component parts and remove the SOFTWARE from Your Computers. This EULA may be terminated earlier by either You or ABBYY as set out below.
16.2 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 immediately cease all access to and use of the SOFTWARE, destroy all copies of the SOFTWARE and all of its component parts, and Confidential Information within Your control, and remove the SOFTWARE from Your Computers. ABBYY may immediately suspend Your usage rights and/or terminate this EULA if you breach Sections 1, 2, 13.
16.3You may terminate this EULA by destroying all copies of the SOFTWARE, all of its component parts and removing the SOFTWARE.
16.4 If a party materially breaches this EULA and does not cure that breach within 30 days after receipt of written notice of the breach, the non-breaching party may terminate this EULA for cause. Upon termination of the EULA, You must stop using the ABBYY Software and destroy any copies of SOFTWARE. Upon ABBYY’s termination of this EULA for Your material breach, You will pay ABBYY or the ABBYY Partner any unpaid fees through to the end of the then-current usage term or Subscription Term. If You continue to use or access any SDK after termination, ABBYY or the ABBYY Partner may invoice You, and You agree to pay, for such continued use.
16.5 Articles 2, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, article 3.4.4 shall 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.
17.2 You acknowledge that the SOFTWARE 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 may be used 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.
17.3 ABBYY may send You e-mails containing product and company news, information about special offers, advices on product usage and other product and company-related information provided You 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.
17.4 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) 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 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.
17.5 Unless otherwise agreed by the parties, the Software 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 value of equipment or hardware obtained by You or is part of the consideration payable by You for the full version of the SOFTWARE.
17.6 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. This EULA, together with appendixes, Software Maintenance and Upgrade Assurance Terms and Subscription terms that form an integral part of this EULA, is the complete agreement between the parties with respect to the subject matter of this EULA and supersedes all prior or contemporaneous communications, understandings or agreements (whether written or oral).
to End User License Agreement
Third Party Software/Open Source in the SOFTWARE
SOFTWARE may contain components of other software, not owned by ABBYY and subject to license limitations mainly listed here:
Embedded Fonts. 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.
Datalogics Software and Adobe Products
© 2000-2012 Datalogics, Inc.
Datalogics®, The DL Logo®, PDF2IMG™ and DLE™ are trademarks of Datalogics, Inc.
© 1984-2012 Adobe Systems Incorporated and its licensors. All rights reserved.
Powered by Adobe PDF Library logo, Reader® are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.
The Datalogics Software 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. 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.
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 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 Datalogics Software and Adobe Products
(i) “For acquisition by or on behalf of civilian agencies, as necessary to obtain protection substantially equivalent to that afforded to restricted computer software and related documentation developed at private expense and which is existing computer software no part of which was developed with government funds and provided with Restricted Rights in accordance with subparagraphs (a) through (d) of the ‘Commercial Computer Software - Restricted Rights’ clause at 48 C.F.R. 52.227-19 of the Federal Acquisitions Regulations (“FAR”) and its successors;”
(ii) “For acquisition by or on behalf of units of the Department of Defense (“DoD”) as necessary to obtain protection substantially equivalent to that afforded to commercial computer software and related documentation developed at private expense and provide with Restricted Rights as defined in DoD FAR Supplement 48 C.F.R. 252.227-7013(c)(1)(ii) and its successors in effect for all solicitations and resulting contracts issued on or after May 18, 1987.”
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 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.
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 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. 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. 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 SOFTWARE.
Is owned by EMC Information Systems International (Ireland), further EMC
Distribution of any Application shall be pursuant to a written end-user license which
a. grants the end-user only a right to use the Application,
b. protects EMC’s and EMC’s licensors’ intellectual property rights in the Software under all legal theories applicable to the geography where the Application is to be used,
c. provides proper attribution of copyrights to EMC and its licensors, and
d. makes no representations or warranties on behalf of EMC to such end- users. All rights not expressly granted herein are reserved by EMC.
UNDER NO CIRCUMSTANCES WILL EMC BE LIABLE TO ANY END-USER OR TRANSFEREE, FOR ANY LOST OR DEGRADED DATA; LOST REVENUE; LOST PROFITS; COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS; OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY, ARISING IN ANY WAY OUT OF THIS LICENSE AGREEMENT. THIS LIMITATION SHALL APPLY EVEN IF CAPTIVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Cuminas DjVu 3
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.
License.DjVu.txt, which contains the terms of Expat, Release 2.0.1 License and of Jasper License Version 2.0:
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
Limitations for SOFTWARE obtained at the USA.
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 (с)(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 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.
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.
WIBU-SYSTEMS AG, Karlsruhe, Germany and Wibu-Systems USA Inc., Edmonds, WA, USA
THE WIBU-SYSTEMS SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE WIBU-SYSTEMS SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
WIBU, CodeMeter, SmartShelter, SmartBind are registered trademarks of Wibu-Systems.
German export regulations apply in the event of an export of Wibu-Systems products.
Microsoft Visual C++ Runtime Library
The Software contains redistributable parts of Microsoft Visual Studio (hereinafter - Microsoft Technologies).
© Microsoft Corporation. All rights reserved.
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 software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
DISCLAIMER OF WARRANTY. MICROSOFT TECHNOLOGIES ARE LICENSED “AS-IS.” YOU BEAR THE RISK OF USING THEM. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS OR STATUTORY GUARANTEES UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Data Collection. The software may collect certain data as described in the Microsoft’s privacy statement located at https://go.microsoft.com/fwlink/?LinkID=824704. You can learn more about data collection and use in the help documentation and Microsoft’s privacy statement. Your use of the software operates as your consent to these practices. Microsoft makes the commitments in the European Union General Data Protection Regulation Terms of the Online Services Terms to all customers effective May 25, 2018, at https://go.microsoft.com/?linkid=9840733.
The ABBYY Software incorporates the technology (“Technology”) of Parascript Management, Inc., CO, USA (“Parascript”), and as a part of ABBYY and Parascript partnership, you as the end user of ABBYY software shall be informed as follows and comply with these obligations:
(i) Parascript shall have no liability for any damages resulting from loss of data or profits, or for any special, indirect, incidental, punitive or consequential damages arising out of or in connection with the use, promotion, distribution of the Technology;
(ii) the Technology will be provided “AS IS ”. Parascript owns the Technology and Parascript trademarks, and all rights not expressly granted by Parascript are reserved; and
(iii) it’s a requirement that the Technology be deleted at the end of your license term.
(iv) Restrictions. You shall not, and shall not allow any other party to: (i) reverse engineer, decompile or otherwise attempt to derive the source code for the Technology; (ii) combine the Technology with any software except as within the ABBYY Software; (iii) remove any Technology identification, copyright legend or other notices; (iv) modify or create derivative works based on the Technology (v) issue, sublicense, sell, grant, or in any way transfer rights to use the Technology on the terms that are different than the rights issued by Parascript accordance with these paragraphs; (v) permit third party access to the Technology API (application programming interface) unless that party is your outside developer who has agreed in writing to comply with all applicable Parascript’s licensing terms and restrictions; (vi) use the Technology after your respective license term ends; (vii) access to API Documentation; (viii) use the Technology for a recurring revenue service or for any purpose not expressly permitted by the agreement.
Export/Import Control. You shall not receive and transfer the Technology to any entity or country without first obtaining all required licenses and authorizations from all applicable government entities. You agree to defend, hold harmless, and indemnify Parascript and ABBYY against any claims, damages, liabilities, penalties, fines, costs and expenses (including attorneys’ fees) that result from violations of this section.
Federal Procurement. By accepting delivery of ABBYY Software incorporating the Technology, you shall ensure the US government agrees the Technology qualifies as “commercial” computer software and/or “commercial” computer software documentation in the applicable acquisition regulations and is provided with restricted rights. Parascript retains all rights in and to the Technology, technical data and its Intellectual Property. These terms shall also apply to the government’s use, duplication, and disclosure of the Technology and shall supersede any conflicting terms or conditions.
Trademarks. You may use Parascript trademarks specific to the Technology only subject to Parascript’s prior written approval and in compliance with Parascript guidelines.
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