Third Party Software/Open-Source Software used in the ABBYY FlexiCapture

1. Pixtran (pixtools)

Is owned by Open Text UK Ltd (UK), further Open Text

Whereas the ABBYY Software incorporates pixtran (pixtools), You agree to be bound by the following provisions:

PixTools © Copyright Open Text UK Ltd. All rights reserved.

EMC’s and EMC’s licensors’ intellectual property rights in the Software are protected under all legal theories applicable to the geography where the Software is used.

You are only granted a right to use the application.

No Warranties. PixTools software is provided “as is” and Open Text makes no representations or warranties, express or implied, regarding the performance of PixTools as a part of the ABBYY’s product. Open Text disclaims any express or implied warranty of merchantability or fitness for a particular purpose. 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 Open Text HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. All rights not expressly granted herein are reserved by Open Text.

2. TWAIN Header

Whereas ABBYY Software incorporates TWAIN toolkit, You agree to be bound by the following provisions:

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.

3. Adobe Color Profile

Copyright 2000 Adobe Systems, Inc.

Whereas ABBYY Software contains Adobe Color Profile, You agree to be bound by the following additional terms:

(a) DISCLAIMER OF WARRANTY

Adobe licenses Adobe Color Profile to you on an "AS IS" basis. Adobe makes no representation as to the adequacy of Adobe Color Profile for any particular purpose or to produce any particular result. Adobe shall not be liable for loss or damage arising out of this Agreement or from the distribution or use of Adobe Color Profile or any other materials. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING ADOBE COLOR PROFILE, 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, ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. The provisions of this section (a) and the following section (b) shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to use Adobe Color Profile after termination of this Agreement.

(b) LIMITATION OF LIABILITY

IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE 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. ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR ADOBE COLOR PROFILE. Nothing contained in this Agreement limits Adobe's liability to you in the event of death or personal injury resulting from Adobe's negligence or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose.

(c) The full text of the license agreement for the Adobe Color Profile may be found in the documentation accompanying ABBYY Software or at https://www.adobe.com/support/downloads/iccprofiles/icc_eula_win_dist.html.

Any provisions that differ from the license agreement for the Adobe Color Profile are offered ABBYY and not Adobe.

(d) Adobe Color Profile is available for download at https://www.adobe.com/support/downloads/iccprofiles/iccprofiles_win.html.

4. Parascript FormXtra SDK

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.

5. Cuminas Caminova Celartem DjVu 3 / DjVU

Cuminas DjVu® SDK

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

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 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 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 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.

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 SOFTWARE, OR DAMAGES CAUSED BY POSSIBLE ERRORS OR MISPRINTS IN THE SOFTWARE, EVEN IF AN ABBYY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ABBYY’S SOLE AND AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS EULA SHALL BE LIMITED TO THE PURCHASE PRICE ORIGINALLY PAID FOR THE SOFTWARE, IF ANY.

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.

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.

6. Other Software.

ABBYY Software may contain other third-party software and open-source software. You may find the information about the third-party software and open-source software in the Software and/or in the Documentation.