End-User License Agreement (EULA)
Important! Read the following terms carefully before installing,
copying and/or using the product. Installing, copying or using the
product indicates your acceptance of these terms.
This ABBYY End-User License Agreement ("EULA") is a legal agreement
between you, the end user of the license rights granted herein, and
ABBYY governing the use of the software (SOFTWARE) accompanying
this agreement, including any and all associated media, printed
materials, and "online" or electronic documentation protected by
copyright laws. By installing, copying, or otherwise using the
SOFTWARE, you agree to be bound by the terms of this EULA. If you
do not agree with the terms of this EULA, do not use the SOFTWARE.
You may obtain a refund of the amount you originally paid if
you:
(i) Do not use the SOFTWARE, and
(ii) Return the SOFTWARE, including all of the above-mentioned
documentation, media and packaging, with the proof of payment, to
the place where you bought the SOFTWARE, within the term provided
by the law of the country and the return policy of the location in
which you purchased the SOFTWARE.
"ABBYY" means OOO ABBYY Software registered at 23 Kryukovskaya
Ulitsa, 111020, Moscow, when article 15.1 or 15.3 of this EULA is
applied, and ABBYY Software Ltd., 2 Kastoros Str, CY-1087 Nicosia,
Cyprus, in all other cases. "ABBYY Group" means ABBYY with all its
affiliates. "ABBYY affiliate" means an entity that, directly or
indirectly, through one or more intermediaries, controls, is
controlled by or is under common control of ABBYY.
1. Grant of License
1.1 Subject to your compliance with the terms of this EULA, ABBYY
grants you, the end user, a non-exclusive license enabling you to
use the SOFTWARE.
1.2 All conditions stated below apply both to the SOFTWARE as a
whole and to all of its separate components.
2. License
2.1 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 "applets"
incorporated into the SOFTWARE, as well as the accompanying printed
materials and all of the SOFTWARE copies.
2.2 The SOFTWARE contains valuable trade secrets and confidential
information belonging to ABBYY and is protected by copyright,
including, without limitation, by United States Copyright Law,
international treaty provisions, and the applicable laws of the
country in which it is being used. Any use of the SOFTWARE outside
of or in contravention of the terms and conditions of this EULA
shall constitute a breach of ABBYY’s intellectual property rights
and shall give cause for the revocation of all rights to use the
SOFTWARE granted to you under this EULA.
2.3 You may make a one-time permanent transfer of this EULA and SOFTWARE only directly to an end user. This transfer must include all of the SOFTWARE (including all component parts, the media and printed materials, and any upgrades). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and SOFTWARE. You must uninstall the SOFTWARE from your computer or from your Local Area Network in the case of such SOFTWARE transfer.
3. Using the SOFTWARE
3.1 If your copy of the SOFTWARE is labeled "ABBYY FineReader 7.0
Professional Edition", you may install and use one copy of the
SOFTWARE on your desktop (office) computer and your portable (home)
computer only. You may not install the SOFTWARE on more than two
computers and you may not use the SOFTWARE on more than one
computer at a time. The SOFTWARE may not be used simultaneously on
your portable (home) computer and on your desktop (office)
computer.
3.2 If your copy of the SOFTWARE is labeled "ABBYY FineReader 7.0 Corporate Edition", you may use it within your Local Area Network. You may install the SOFTWARE on your network server, from which you can install the SOFTWARE on an unlimited number of computers, provided that you will use one copy of the SOFTWARE on one computer at a time, unless otherwise stipulated in a separate agreement with ABBYY.
4. Dual-Media SOFTWARE
4.1 You may receive the SOFTWARE on more than one medium, including
downloads over the Internet. Regardless of the number of media you
receive, you are only licensed to use one copy of the SOFTWARE in
accordance with Section 3 of this EULA.
5. End-User Databases
5.1 You may create your own databases for the programs included in
the SOFTWARE if such a feature is provided by this
SOFTWARE.
6. Redistribution of the SOFTWARE
6.1 Any re-distribution of the SOFTWARE is strictly prohibited.
Redistribution includes, but is not limited to, granting access to
third parties, selling (except as described in article 2.3),
renting, leasing, or lending the SOFTWARE.
7. Limitations
7.1 Mandatory Activation. You acknowledge that the SOFTWARE is
protected from unauthorized copying and unlimited use. You may not
be able to exercise your rights to the SOFTWARE under
this EULA unless you activate your copy of the SOFTWARE. When you
activate your copy of the SOFWARE, no personal information will be
transmitted to ABBYY. Activation may be completely anonymous.
During activation, a unique parameter is created that represents
the configuration of your computer at the time of activation. The
parameter does not include any personal information, any
information about software or data that may reside on your
computer, or any information about the specific make or model of
your computer. The parameter identifies the computer solely for the
purpose of activation. Together with the parameter, the name,
serial number, version number, and interface language of your copy
of FineReader will be sent to ABBYY. This information will only be
used for selecting the correct language and contents of the reply
message to inform you about the results of the activation procedure
and will not be used for any other purposes.
7.2 All usage terms and limitations governing the use of the
SOFTWARE are stated in Section 3 of this EULA, unless otherwise
stipulated in a separate agreement with ABBYY.
7.3 You may not perform or make it possible for other persons to
perform any activities included in the list below:
7.3.1 Disassemble or decompile (i.e. extract the source code from
the object code) the SOFTWARE (applications, databases, and other
SOFTWARE components), except, and only to the extent, that such
activity is expressly permitted by applicable law notwithstanding
this limitation.
7.3.2 Modify the SOFTWARE, including making changes to the object
code of the applications and databases contained in the SOFTWARE
other than those provided for by the SOFTWARE and described in the
documentation.
7.3.3 Transfer any rights granted to you hereby and other rights
related to the SOFTWARE to any other person.
7.3.4 Make it possible for any person not entitled to use the
SOFTWARE and working in the same multi-user system as you to use
the SOFTWARE.
8. Support Services
8.1 ABBYY may provide you with the support services related to the
SOFTWARE ("Support Services").
8.2 Support Services are performed in accordance with the terms of
the User’s Guide, "online" documentation, and other materials
provided by ABBYY. Any supplementary software code 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.
8.3 To be eligible for Support Services, you are required to provide ABBYY with information about the characteristics of your scanner and computer, as well as standard personal details including your name, company name (if applicable), address, phone number and e-mail address.
8.4 ABBYY may use the above-mentioned information 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.
9. Not for Resale Software
9.1 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.
10. Software for Trial Purposes
10.1 If the SOFTWARE is labeled "Try&Buy", "Trial" or "Demo",
then this section shall apply until such time that you purchase a
license for the full retail 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
license hereunder shall be terminated, unless extended by ABBYY
upon your purchase of a full retail license from ABBYY.
11. Upgrades
11.1 If the SOFTWARE is labeled as an upgrade, you must be properly
licensed to use a product identified by ABBYY as being eligible for
the upgrade in order to use the SOFTWARE.
11.2 The SOFTWARE labeled as an upgrade replaces and/or supplements
the product that formed the basis for your eligibility for the
upgrade.
11.3 Once you have installed the upgraded product, your previous
EULA is considered null and void.
11.4 You may only use the resulting upgraded product in accordance
with the terms of the EULA supplied with the product.
11.5 You acknowledge that any obligation ABBYY may have to support
the version of the SOFTWARE being upgraded shall end upon the
availability of the upgrade.
12. Termination
12.1 Without prejudice to any other rights, ABBYY may terminate
this EULA if you fail to comply with the terms and conditions of
this EULA.
12.2 In such an event, you must destroy all copies of the SOFTWARE,
all of its component parts and uninstall the SOFTWARE.
13. Warranties and Indemnifications
13.1 ABBYY warrants that the media on which the SOFTWARE is
furnished will be free from defects in materials and workmanship
under normal use for a period set by the legislation of the country
in which you purchased the SOFTWARE starting from the date of
purchase or distribution. If the SOFTWARE was purchased in the
Russian Federation, this period will constitute 60 days starting
from the date of purchase or distribution.
13.2 In all other respects, the SOFTWARE is supplied "as is". ABBYY
does not guarantee that the SOFTWARE will carry no errors, nor will
it take on any liability for damages, either direct or indirect,
including, without limitation, damages for loss of business
profits, business interruption, loss of business information, or
any other pecuniary loss resulting from the use of the SOFTWARE, or
damages caused by possible errors or misprints in the SOFTWARE.
13.3 ABBYY does not warrant that the SOFTWARE will meet your requirements or that the SOFTWARE will function properly when used in conjunction with any other software or hardware.
13.4 Except as expressly provided herein, ABBYY makes no other
warranties, either expressed or implied, regarding the SOFTWARE,
its merchantability, or its fitness for any particular purpose, and
the entire risk as to the quality and performance of the SOFTWARE
lies with you.
13.5 In any event, ABBYY’s sole obligation or liability under this
EULA, regardless of the nature of the events that resulted in such
an obligation or liability, shall not exceed the purchase price
originally paid for the SOFTWARE.
14. Export Rules
14.1 If purchased in the United States, the SOFTWARE shall not be
exported or re-exported in violation of any export provisions of
the United States or any other applicable legislation.
15. Governing Law
15.1 If the SOFTWARE was purchased in the United States, Canada,
Mexico, Japan or Taiwan, this EULA shall be governed by and
construed in accordance with the substantial laws in force in the
courts of Santa Clara County, State of California, United States of
America.
15.2 If the SOFTWARE was purchased in Austria, Belgium, Denmark,
Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia,
Lithuania, Luxembourg, the Netherlands, Portugal, Spain, Sweden,
the United Kingdom, or any other member state of the European Union
that is not mentioned in article 15.3 or 15.4 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 the courts of Amsterdam, the Netherlands.
15.3 If the SOFTWARE was purchased in Russia, Byelorussia,
Kazakhstan, Moldova, Ukraine or any other country of the CIS, this
EULA shall be governed by and construed in accordance with the
substantial laws in force in the courts of Moscow, the Russian
Federation.
15.4 If the SOFTWARE was purchased in Albania, Bosnia &
Herzegovina, Bulgaria, Croatia, Cyprus, the Czech Republic,
Hungary, Israel, Macedonia, Malta, Poland, Romania, Slovakia,
Slovenia, Turkey, or Yugoslavia (Serbia and Montenegro) this EULA
shall be governed by and construed in accordance with the
substantial laws in force in the courts of Moscow, the Russian
Federation.
15.5 In the cases described in articles 15.1-15.4, 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.
15.6 If the SOFTWARE was purchased in a country other than the
countries specified in articles 15.1-15.4, this EULA shall be
governed by and construed in accordance with the substantial laws
of the country in which you purchased the SOFTWARE.
16. Miscellaneous
16.1 If you acquired the SOFTWARE via the Internet (including "Not
for Resale" and/or "Upgrade" versions):
16.1.1 ABBYY expressly disclaims any warranty or liability obligations to you of any kind, and the SOFTWARE, including any related documentation, is provided "as is" without warranty or condition of any kind, either express or implied, including, without limitation, the implied warranties and conditions of merchantability, fitness for any particular purpose, or non-infringement;
16.1.2 ABBYY shall not provide you with any printed materials,
including the User’s Guide; 16.1.3 You agree that you may not and
certify that you will not sublicense, lease, loan, rent, or
transfer the SOFTWARE.
16.2 Remuneration, according to this EULA, is defined as the
purchase price of the SOFTWARE required by ABBYY or its
distributors and must be paid on the conditions established by
them.
16.3 This EULA comes into force when you accept all the conditions
stated herein by choosing the "I accept the terms of the license
agreement" declaration followed by the "Next" command on your
computer screen, and is binding for the entire period of the
SOFTWARE copyright’s existence.
16.4 If you do not agree with the terms and conditions of the present license agreement, choose the "I do not accept the terms of the license agreement" declaration and proceed by selecting the "Cancel" command.
16.5 ABBYY guarantees that all the personal information you provide when installing and registering the SOFTWARE will be stored and used strictly within the ABBYY Group.
16.6 ABBYY guarantees that all the information you provide when
activating the SOFTWARE will be stored and used strictly within
ABBYY.
17. Government Use
17.1 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
©(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013.
18. PDF2BMP
18.1 ABBYY FineReader 7.0 uses the PDF2BMP program for converting
PDF format files into BMP format files. ABBYY has no rights to the
PDF2BMP program, which is an independent program, located in a
separate folder, and distributed under the terms of GNU General
Public License. The GNU GPL text is contained in the file named
"COPYING" located in the PDF2BMP folder.