Important! Read the following terms carefully before installing, copying and/or otherwise using ABBYY FineReader 11 (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 the SOFTWARE and ABBYY. The SOFTWARE includes any and all associated media, printed materials, and "online" or electronic documentation as well as applications, databases and other software components.
By installing, copying, or otherwise using the SOFTWARE, you acknowledge that you have read this EULA and that you understand it and agree to be bound by its terms.
This EULA comes into force when you accept all the terms stated herein during the SOFTWARE installation or when you start using the SOFTWARE in any manner. This EULA is binding for the entire period of the SOFTWARE copyright, unless otherwise stated in this EULA or in a separate written agreement between You and ABBYY and may depend on the scope of the License as it is described in this EULA.
The SOFTWARE is protected by copyright laws and international treaty provisions. You agree that this EULA is enforceable like any written negotiated agreement signed by you. This EULA is enforceable against you.
If the software is accompanied by a hard copy of separate license agreement in the case of any discrepancies in content between the text of this EULA and the text in the hard copy of separate agreement, the text in the hard copy of separate license agreement shall prevail.
If you do not agree with the terms of this EULA, do not install and do not use the SOFTWARE or its components.
ABBYY USA Software House Inc. registered at 880 North McCarthy Boulevard, Suite 220, Milpitas, California 95035, USA, when article 16.1 of this EULA is applied;
ABBYY Europe GmbH registered at Elsenheimerstrasse 49, 80687 Munich, when article 16.2 of this EULA is applied;
ABBYY UK Ltd. Registered at Heathrow Business Centre, 65 High Street, Egham, Surrey TW20 9EY, United Kingdom, when article 16.3 is applied;
ABBYY LLC registered at ul. Perovskaya dom 22, korpus 1, 111398, Moscow, Russia, when article 16.4 of this EULA is applied;
ABBYY Software House Ukraine registered at 31, Degtyarevskaya st., Kiev, Ukraine 03680, when article 16.5 of this EULA is applied;
and ABBYY Solutions Ltd., Michail Karaoli 2, Egkomi CY 2404, Nicosia, Cyprus, in all other cases.
"You," "Your" and "End User" refer to and include any person (including individual entrepreneur) and/or any legal entity that obtained this SOFTWARE and on whose behalf this SOFTWARE is being used.
"License" means the non-transferable and 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.
"ABBYY Partner" means a legal entity or individual entrepreneur that provides the SOFTWARE and the right to use the SOFTWARE based on a written agreement with ABBYY which grants to such legal entity or individual entrepreneur the rights to the SOFTWARE which are necessary for such activity.
"Computer" means an electronic device with one or more CPU (central processing unit) cores that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. Additionally it may mean a virtual machine.
"Virtual machine" means a virtual (or otherwise emulated) hardware system.
"Serial number" means unique identifier of license or license group with similar parameters that is being given to the end user.
1. Subject matter
1.1 Subject to Your compliance with the terms of this EULA, ABBYY grants You a License enabling You to install and use the functionality of the SOFTWARE, including all the images, photos, animations, audio-video components, music, text and additional applications incorporated into the SOFTWARE, as well as the accompanying printed materials and all of the SOFTWARE copies solely as set forth below. All conditions stated below apply both to the SOFTWARE as a whole and to all of its separate components.
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 If paragraph 16.4 applies and You are a natural person, You may use the SOFTWARE worldwide. If paragraph 16.4 applies and You are a legal entity the SOFTWARE may be obtained (purchased) only in the country where the legal entity or its branch and representative offices is registered, unless otherwise agreed in a separate written agreement between You and ABBYY. The employees of the legal entity or of its branch and representative offices may use the SOFTWARE worldwide, provided the SOFTWARE has been obtained and installed in the country where the legal entity or its branch and representative offices is registered. If paragraph 16.4 doesn’t apply to You, You may use the SOFTWARE according to governing law as defined in article 16.
1.4 Any use of the SOFTWARE and all 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.
2. The scope of the License
2.1 You acknowledge that the SOFTWARE is protected from unauthorized copying and unlimited use and may include software protection keys providing for such protection (hereinafter, "License Keys") and You accept the SOFTWARE subject to all such protections. License keys may require activation and the number of available activations may be limited.
2.2 Your version of the SOFTWARE may be time-limited which means that the SOFTWARE may stop functioning once the period of the license validity expires.
2.3 You may install and use the SOFTWARE on as many computers and/or virtual machines as the number of licenses You acquired. You may access at a given time one installed copy of the SOFTWARE using Terminal Services from only one computer unless otherwise stipulated in a separate written agreement with ABBYY or in any documentation accompanying the SOFTWARE. Terminal Services for the purpose hereof allow a user to access applications and data on a remote computer over a network.
2.4 If the type of license is "Concurrent", You may install the SOFTWARE on any computer owned by You and simultaneously run the SOFTWARE on as many computers or virtual machines as the number of "Concurrent" licenses You acquired. You may access simultaneously installed copies of the SOFTWARE using Terminal Services from no more computers than the number of "Concurrent" licenses You acquired unless otherwise indicated in a separate written agreement with ABBYY or in any documentation accompanying the SOFTWARE.
2.5 You may receive the Software on more than one medium (multiple-media SOFTWARE), including downloads over the Internet. Regardless of the number of media You receive, You are only licensed to use the SOFTWARE in accordance with the scope of the SOFTWARE License.
3. End-User Databases
You may create Your own databases (custom languages and patterns, custom settings, custom tasks and other) for the programs included in the SOFTWARE if such a feature is provided by this SOFTWARE.
4. Limitations of use
4.2 You may not perform or make it possible for other persons to perform any activities included in the list below:
4.2.1 Reverse engineer, disassemble or decompile 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 permits 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.
4.2.2 Modify, adapt or translate the SOFTWARE, including making changes to the SOFTWARE and applications and databases contained in the SOFTWARE other than those provided for by the SOFTWARE and described in the documentation.
4.2.3 Make any changes to the SOFTWARE, including changes for the purpose of enabling the SOFTWARE to run on Your hardware, without the prior written consent of ABBYY, other than changes that can be made by the means included with the SOFTWARE and described in the accompanying documentation.
4.2.4 Correct errors in the SOFTWARE without the prior written consent of ABBYY.
4.2.5 Rent, lease, sublicense, assign or transfer any rights granted to You by this EULA and other rights related to the SOFTWARE to any other person or authorize all or any portion of the SOFTWARE to be copied onto another computers unless otherwise stipulated in a separate written agreement with ABBYY.
4.2.6 Make it possible for any person not entitled to use the SOFTWARE and working in the same multi-user system as You or in the Internet to use the SOFTWARE.
4.2.7 Remove, change or obscure any copyright, trademark or patent notices that appear on the SOFTWARE as delivered to You.
4.3 You may not use the SOFTWARE to provide paid or free recognition and conversion services and/or to provide the results or access to the results acquired through the use of the SOFTWARE as a part of another service that has recognition or conversion as its component, including indexing or archiving documents, to any third party unless You have signed a separate written agreement with ABBYY.
4.4 You may not use the SOFTWARE in aggregate with any software that allows to exclude interactions of user with the SOFTWARE user interface without additional agreement with ABBYY.
4.5 Any redistribution of the SOFTWARE or any part of the SOFTWARE is prohibited. Redistribution includes, but is not limited to renting, leasing, or granting access to third parties to the SOFTWARE unless otherwise is stipulated in a separate written agreement with ABBYY.
5. Pre-release Software
5.1 If the SOFTWARE You have received with this License is pre-commercial release or beta SOFTWARE ("Pre-release Software"), then the Section 5 and 7 shall apply. To the extent that any provision in this Section is in conflict with any other term or condition in this EULA, this Section shall supersede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict.
5.2 You acknowledge that the SOFTWARE is a pre-release version, 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. Consequently, the Pre-release Software is provided to You "as is", and ABBYY disclaims any warranty or liability obligations to You of any kind. WHERE LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, ABBYY’S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL.
5.3 You acknowledge that the Pre-release Software may function for a period of time limited by the SOFTWARE but not exceeding 3 (three ) months from the first launch of the Pre-release Software. Upon such a timeout date, the functionality of the Pre-release Software will be disabled and the EULA shall be terminated, unless extended by ABBYY upon Your obtaining of a license for the full version of the SOFTWARE from ABBYY.
5.4 You acknowledge that ABBYY has not promised or guaranteed to You that Pre-release Software will be announced or made available to anyone in the future, ABBYY has no express or implied obligation to You to announce or introduce the Pre-release Software and that ABBYY may not introduce a software product similar to or compatible with the Pre-release Software. Accordingly, You acknowledge that any research or development that You perform regarding the Pre-release Software or any software product associated with the Pre-release Software is done entirely at Your own risk.
5.5 During the term set forth in the clause 5.3, if requested by ABBYY, You may be requested to provide feedback to ABBYY regarding testing and use of the Pre-release Software, including error or bug reports.
5.6 The non-disclosure terms stated in section 7 shall remain in force until the day of the public commercial release of the SOFTWARE. For the purposes of this EULA, the day of the public commercial release of the SOFTWARE shall be the day of the publication of a press release about the SOFTWARE on www.ABBYY.com or other ABBYY websites.
5.7 Upon receipt of a later version of the Pre-release Software or a public commercial release of the SOFTWARE, whether as a stand-alone product or as part of a larger product, You agree to return or destroy all earlier Pre-release Software received from ABBYY.
6. Trial Software
6.1 If the SOFTWARE is labeled "Try&Buy," "Trial" or "Demo," then sections 6 shall apply until such time that You purchase a license for the full version of the SOFTWARE. You acknowledge that the SOFTWARE has limited functionality and/or functions for a limited period of time. The SOFTWARE is licensed on an "as is" basis, solely as a demonstration model. If the SOFTWARE is a timeout version, its functionality will be disabled after a designated period of time following the installation, this period being specified in the SOFTWARE. Upon such timeout date, the EULA hereunder shall be terminated, unless extended by ABBYY upon Your purchase of a full license from ABBYY.
7. Non-Disclosure Terms and Conditions
7.1 This section applies if the SOFTWARE is Pre-Release Software.
7.2 You acknowledge that the SOFTWARE, any accompanying written, oral or electronic information divulged to You by ABBYY related to the SOFTWARE, any information about the quality of the SOFTWARE or the quality of the results acquired through the use of the SOFTWARE, and any information about bugs, errors and other problems discovered by You in the SOFTWARE are confidential (hereinafter "Confidential Materials").
7.3 You agree to be bound by the following terms and conditions:
7.3.1 You shall not disclose Confidential Materials. The term "disclose" means to lease, loan, rent, assign, transfer or provide access, over a network or otherwise, to Confidential Materials reproduced in any form, including oral communications, to any third party.
7.3.2 You shall take all reasonable steps to prevent the disclosure of Confidential Materials and to keep it confidential.
7.3.3 You shall promptly inform ABBYY if You become aware of any disclosure of Confidential Materials.
7.3.4 If You are in breach of the terms and conditions set forth in articles 7.3.1 - 7.3.3 above. You shall compensate ABBYY for any loss resulting from such breach and, if it is acceptable by Your jurisdiction, shall pay a penalty to ABBYY in the amount of ten thousand US dollars (US$ 10,000).
7.4 The confidentiality terms set forth in article 7.3 of this EULA shall remain in force until the day of the official release of the SOFTWARE. For the purposes of this EULA, the day of the official release of the SOFTWARE shall be the day of the publication of a press release about the SOFTWARE on www.ABBYY.com.
7.5 If You have been provided the Software pursuant to a separate written agreement, such as the Mutual Non-Disclosure Agreement, Your use of the Pre-release 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.
8. Not-for-Resale Software
8.1 If the SOFTWARE is labeled "Not for Resale" or "NFR," then, notwithstanding other sections of this EULA, You may only use such SOFTWARE for demonstration, verification or testing purposes.
9.1 If the SOFTWARE is labeled as an update, You must own a license of a product identified by ABBYY as being eligible for this update in order to use the SOFTWARE.
9.2 The SOFTWARE labeled as an update replaces and/or supplements the product that formed the basis for Your eligibility for the update.
9.3 You may only use the resulting updated product in accordance with the terms of the EULA supplied with this update, which prevails the EULA supplied with the initial product that formed the basis for Your eligibility for the update.
9.4 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.
10. Technical Support and Maintenance
10.1 ABBYY or ABBYY Partner may provide You with technical support, maintenance or professional services related to the SOFTWARE (hereinafter "Support Services") subject to conditions of the current ABBYY support policy.
10.2 General terms and conditions of ABBYY support policy are published on the ABBYY website at www.abbyy.com/support. ABBYY reserves the right to change the support policy any time without any prior notice.
10.3 In addition to the general terms and conditions ABBYY may have specific support policy in specific regions which may be regulated by separate agreements.
10.4 Any supplementary software code and any SOFTWARE component provided to You as part of Support Services is to be considered as part of the SOFTWARE and subject to the terms and conditions of this EULA.
10.5 To be eligible for Support Services, You may be required to provide ABBYY with information about the characteristics of Your hardware, Serial Number of Your SOFTWARE as well as standard personal details including Your name, company name (if applicable), address, phone number and e-mail address. ABBYY may use the above-mentioned information in accordance with applicable data protection law for its business purposes, including, but not limited to, product support and development, provided that ABBYY does not utilize such information in any form that personally identifies You.
11. Limited Warranty
11.1 ABBYY represents, warrants and guarantees that it has the full right, power, legal capacity, ability and authority to license and distribute the SOFTWARE, including all the images, photos, animations, audio-video components, music, text and additional applications, incorporated into the SOFTWARE, as well as the accompanying printed materials and all of the SOFTWARE copies.
11.2 ABBYY warrants that the media on which the SOFTWARE is furnished will be free from defects in materials and workmanship under normal use for the minimal guarantee term determined by the legislation of the country in which You purchased the SOFTWARE starting from the date of purchase. If the SOFTWARE was purchased in the countries defined in article 16.4, this period will constitute thirty (30) days starting from the date of purchase.
11.3 The SOFTWARE, any upgrades and updates are being delivered to You "as is" and ABBYY makes no warranty of any kind. ABBYY does not and cannot warrant the performance or results You may obtain by using the SOFTWARE.
11.4 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, 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, and the entire risk as to the quality and performance of the SOFTWARE lies with You.
11.5 ABBYY makes no warranties for any third party software products which may be supplied within the SOFTWARE.
12. Limitation of Liability
12.1 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 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.
13. Limitation of Liability for Users Residing in Germany or
If You obtained Your copy of the SOFTWARE in Germany or Austria, and You usually reside in such country, then:
13.1 In accordance with German law, ABBYY warrants that the SOFTWARE provides the functionalities set forth in its documentation (the "agreed upon functionalities") for the limited warranty period following receipt of the SOFTWARE copy when used on the recommended hardware configuration. As used in this article, "limited warranty period" means one (1) year if You are a business user or legal entity, and two (2) years if You are not a business user. Non-substantial variation from the agreed upon functionalities shall not be considered and does not establish any warranty rights. This limited warranty does not apply to the SOFTWARE provided to You free of charge, for example, updates, pre-release versions, "Trial" versions, product samples, "Not for resale" ("NFR") copies of the SOFTWARE, or the 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’s Customer Support Department in Germany: ABBYY Europe GmbH, Elsenheimerstrasse 49, 80687 Munich, tel.: +49 (0)89 51 11 590, fax: +49 (0)89 51 11 5959.
13.2 Subject to the provisions in article 13.3, 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.
13.3 The limitation of liability set forth in 13.2 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.
13.4 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.
14. Limitations for SOFTWARE obtained in the USA
14.1 Export Rules. The SOFTWARE shall not be exported or re-exported 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.
14.2 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.
15. Third-party technologies
15.1 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.
15.2 Adobe® PDF Library.
15.2.1 The term "Adobe Software" includes Adobe Technology and related documentation, and any upgrades, modified versions, updates, additions, and copies thereof.
15.2.2 License Grant and Restrictions. ABBYY grants You a non-exclusive right to use the Adobe Software under the terms of this EULA. You may make one backup copy of the Adobe Software, provided the backup copy is not installed or used on any computer.
15.2.3 Intellectual Property Rights. The Adobe Software incorporated into the SOFTWARE is owned by Adobe and its suppliers, and its structure, organization and code are the valuable trade secrets of Adobe and it suppliers. The Adobe Software is also protected by United States Copyright law and International Treaty provisions. You may not copy the Adobe Software, 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 Adobe Software. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Adobe Software. Except as stated above, this EULA does not grant You any intellectual property rights in the Adobe Software.
15.2.4 Font License. If the Adobe Software includes font software You may embed the font software, or outlines of the font software, into Your electronic documents to the extent that the font vendor copyright owner allows for such embedding. The fonts contained in this package may contain both Adobe and non-Adobe owned fonts. You may fully embed any font owned by Adobe.
15.2.5 Warranty. ABBYY AND ITS SUPPLIER DO NOT AND CANNOT WARRANT THE PERFORMANCE RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE.
15.2.6 Export Rules. You agree that the Adobe Software 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 Adobe Software is 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 Adobe Software. All rights to use the Adobe Software are granted on condition that such rights are forfeited if You fail to comply with the terms of this EULA
15.2.7 Trademarks. Adobe and Adobe PDF Library are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries
15.3. LIZARDTECH SOFTWARE
15.3.1 "LIZARDTECH SOFTWARE" means the DjVu Decoder Software Development Kit of LIZARDTECH origin, as well as any associated media, printed materials, and "online" or electronic documentation. You have acquired the SOFTWARE that includes the LIZARDTECH SOFTWARE licensed by ABBYY from LIZARDTECH, INC. The SOFTWARE uses the LIZARDTECH SOFTWARE for converting DjVu files into image files.
15.3.2 The LIZARDTECH SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The LIZARDTECH SOFTWARE is licensed, not sold.
15.3.3 Grant of License. You are granted a personal, nonsublicensable, nontransferable, nonexclusive license to use the LIZARDTECH SOFTWARE as integrated in the SOFTWARE (as well as any associated documentation). You will not rent, sell, lease or otherwise distribute the LIZARDTECH SOFTWARE or any part of it.
15.3.4 NO WARRANTIES FOR THE LIZARDTECH SOFTWARE. THE LIZARDTECH SOFTWARE IS PROVIDED "AS IS" AND WITH ALL FAULTS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT (INCLUDING LACK OF NEGLIGENCE) IS WITH YOU. ALSO, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LIZARDTECH SOFTWARE OR AGAINST INFRINGEMENT. IF YOU HAVE RECEIVED ANY WARRANTIES REGARDING THE SOFTWARE OR THE LIZARDTECH SOFTWARE, THOSE WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON, LIZARDTECH.
15.3.5 NO LIABILITY FOR CERTAIN DAMAGES. EXCEPT AS PROHIBITED BY LAW, LIZARDTECH SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE LIZARDTECH SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15.3.6 Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile or disassemble the LIZARDTECH SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
15.3.7 Export Restrictions. You acknowledge that the LIZARDTECH SOFTWARE, or any part thereof, or any process or service that is the direct product of the LIZARDTECH SOFTWARE (the foregoing collectively referred to as the "Restricted Components") are of U.S. origin. You agree to comply with all applicable international and national laws that apply to these products, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
15.4 Caminova Software
The text of Caminova's legal notes currently in effect is available at : http://dev.caminova.jp/sdk/fullegalnotes.html
126.96.36.199 Copyright © 2002-2006 K.Kosako <sndgk393 AT ybb DOT ne DOT jp> All rights reserved.
188.8.131.52 Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
184.108.40.206.1 Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
220.127.116.11.2 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.
18.104.22.168 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.
15.4.2 ZLIB DATA COMPRESSION LIBRARY.
22.214.171.124 Copyright © 1995-2004 Jean-loup Gailly and Mark Adler.
126.96.36.199 This software is provided "as-is", without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.
188.8.131.52 Permission is granted to anyone to use this software
for any purpose, including commercial applications, and to alter it
and redistribute it freely, subject to the following
184.108.40.206.1 The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
220.127.116.11.2 Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
18.104.22.168.3 This notice may not be removed or altered from any source distribution.
22.214.171.124 A portion of this software is derived from the RSA Data Security, Inc. MD5 Message-Digest Algorithm.
15.4.4 Mersenne Twister.
126.96.36.199 Copyright © 2006,2007 Mutsuo Saito, Makoto Matsumoto and Hiroshima University. All rights reserved.
188.8.131.52 Redistribution and use in source and binary forms, with
or without modification, are permitted provided that the following
conditions are met:
184.108.40.206.1 Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
220.127.116.11.2 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.
18.104.22.168.3 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.
22.214.171.124 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.
15.4.5 Expat, Release 2.0.1.
126.96.36.199 Copyright © 1998, 1999, 2000 Thai Open Source Software Center Ltd and Clark Cooper.
188.8.131.52 Copyright © 2001, 2002, 2003, 2004, 2005, 2006 Expat maintainers.
184.108.40.206 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:
220.127.116.11 The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
18.104.22.168 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.
15.4.6 JasPer License Version 2.0.
22.214.171.124 Copyright © 2001-2006 Michael David Adams.
126.96.36.199 Copyright © 1999-2000 Image Power, Inc.
188.8.131.52 Copyright © 1999-2000 The University of British Columbia.
184.108.40.206 All rights reserved.
220.127.116.11 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
18.104.22.168.1 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.
22.214.171.124.2 The name of a copyright holder shall not be used to endorse or promote products derived from the Software without specific prior written permission.
126.96.36.199 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.
15.4.7 The Independent JPEG Group's JPEG software
188.8.131.52 This software is based in part on the work of the Independent JPEG Group.
15.5 Other licensed technologies. This SOFTWARE is used under license of the following U.S. Patent Nos.; 5,258,855, 5,369,508, 5,490,216, 5,625,465, 5,768,416 and 6,094,505.
16. Governing Law
16.1 If the SOFTWARE was purchased in the United States, Canada, Mexico, Beliz, Costa-Rica, Salvador, Guatemala, Honduras, Montserrat, Nicaragua, Panama, Turks and Caicos Islands, Virgin Islands, Taiwan or Japan, this EULA shall be governed by and construed in accordance with the substantial laws in force in the State of California, United States of America. You acknowledge that if You purchased the SOFTWARE in the United States of America, the SOFTWARE was sold to You by ABBYY USA Software House Inc., and if so, proceedings arising out of or relating to this EULA or the SOFTWARE shall be brought exclusively in the courts of the County of Santa Clara in and of the State of California in the United States of America.
16.2 If the SOFTWARE was obtained in Austria, Belgium, Denmark, Finland, France, Germany, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden, or any other member state of the European Union, except for Greece, Cyprus and Malta, that is not directly mentioned in article 16.3, 16.4 or 16.5 of this EULA, or in Switzerland, Norway, Iceland or Liechtenstein, this EULA shall be governed by and construed in accordance with the substantial laws in force in Munich, the Federal Republic of Germany and the competent court of Munich, the Federal Republic of Germany shall have jurisdiction over all disputes relating to this EULA.
16.3 If the SOFTWARE was obtained in the United Kingdom of Great Britain and Northern Ireland, and Republic of Ireland this EULA shall be governed by and construed in accordance with the Laws of England and Wales and the parties accept the jurisdiction of the courts of England and Wales.
16.4 If the SOFTWARE was obtained in Russia, Byelorussia, Kazakhstan, or any other country of the CIS, except for Ukraine and Moldova, or if the SOFTWARE was purchased in Georgia, Latvia, Lithuania or Estonia, this EULA shall be governed by and construed in accordance with the substantial laws in force in the Russian Federation.
16.5 If the SOFTWARE was obtained in Albania, Bosnia and Herzegovina, Bulgaria, Croatia, the Czech Republic, Hungary, Israel, Macedonia, Poland, Romania, Slovakia, Slovenia, Turkey, Serbia, Montenegro, Ukraine or Moldova, this EULA shall be governed by and construed in accordance with the legislation of Ukraine. Mentioned above rule does not apply when the software has been acquired by the person that has a status of consumer according to the polish civil code. The person is subordinated to Polish law in the situation.
16.6 If article 16.5 is applied and You are a legal entity or a private entrepreneur, аny and all disputes, controversies or differences in opinion arising out of or relating to the EULA shall be finally resolved through arbitration in accordance with the arbitration rules and procedures of the International Commercial Arbitration at the Ukrainian Chamber of Commerce and Industry according to its Order. Judgment of the Court mentioned above is final and obligatory for execution by both Parties. If article 16.5 is applied and You are an individual person, the Shevchenkovsky District Court of Kiev, Ukraine, shall have jurisdiction over all disputes relating to this EULA.
16.7 If article 16.4 is applied and You are a legal entity or a private entrepreneur, the Arbitration Court of Moscow, the Russian Federation, shall have jurisdiction over all disputes relating to this EULA. If article 16.4 is applied and You are an individual person, the Perovsky District Court of Moscow, the Russian Federation, shall have jurisdiction over all disputes relating to this EULA.
16.8 In the cases described in articles 16.1 - 16.5, 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.
16.9 If the SOFTWARE was purchased in a country other than the countries specified in articles 16.1 - 16.5,. this EULA shall be governed by and construed in accordance with the substantial laws of the country in which You purchased the SOFTWARE.
17.1 Unless otherwise agreed by You and ABBYY in a separate written agreement or except as otherwise provided by the EULA, this EULA is effective for the entire period of the SOFTWARE copyright.
17.2 Without prejudice to any other rights, ABBYY may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such an event, You must destroy all copies of the SOFTWARE, all of its component parts and remove the SOFTWARE.
17.3 You may terminate this EULA by destroying of all copies of the SOFTWARE, all of its component parts and removing the SOFTWARE.
17.4 Such termination does not relieve You of Your obligation to pay for the SOFTWARE.
17.5 Sections 4,7,12,13,14,15, paragraphs 11.2-11.5, 18.1, 18.2, 18.4, 18.6, 18.7 shall survive the termination of this EULA, howsoever caused, but this shall not imply or create any continued right to use the SOFTWARE after termination of this EULA.
18.1 All title and intellectual property rights in and to the content that is not contained in the SOFTWARE, but may be accessible through the use of the SOFTWARE, are the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and international treaties. This EULA does not grant You any rights to such intellectual property.
18.2 The SOFTWARE contains valuable trade secrets and confidential information belonging to ABBYY and third parties and is protected by copyright laws, including, without limitation, by United States Copyright Law, laws of Russian Federation, international treaty provisions, and the applicable laws of the country in which it is being used or obtained.
18.3 ABBYY may provide You with any printed materials, including the User’s Guide.
18.4 You agree to provide ABBYY with some of Your personal details in the course of operation and registration of the SOFTWARE. You agree that Your personal details may be collected, processed, and used by ABBYY in compliance with applicable law provided that the confidentiality of the data is maintained. Any personal details You provide to ABBYY will be stored and used strictly by ABBYY and its affiliates and will not be disclosed to any third party, except as may be required by applicable law.
18.5 You agree that the SOFTWARE may have periodical Internet connection with ABBYY server to check the status of the SOFTWARE or download additional content, information or components. No personal information about You or Your Computer will be transferred during such connections.
18.6 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 specifically agreed to receive such information from ABBYY. You have the possibility to remove Your address from ABBYY mailing list at any time.
18.7 If any claims or lawsuits are brought against You in connection with Your illegal use of the SOFTWARE, You shall inform ABBYY about them in three (3) days from the moment You learned of them. You shall carry out all the necessary actions to provide ABBYY with the possibility of taking part in the hearings of said claims or lawsuits in court, and to provide the information necessary for settlement of the corresponding claims or lawsuits, not later than in seven (7) days from the moment of reception of inquiry from ABBYY.
18.8 Remuneration 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. If you are a natural person, this EULA may be gratuitous.
18.9 If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of the EULA, which shall remain valid and enforceable according to its terms.