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, and ABBYY for the above-identified ABBYY software product that accompanies this
EULA, including any and all associated media,
printed materials, and "online" or electronic documentation (the
SOFTWARE). The SOFTWARE is protected by copyright laws and
international treaty provisions.
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 ABBYY Software LLC registered at 139 building 7 BolshayaKosinskayaUlitsa, 111622, Moscow, Russia, when article 18.3 of this EULAis applied, and ABBYY Software Ltd., Stasikratous29, Office 202 CY 1065, 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.
2.1 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 EULAshall constitute a breach of ABBYY’sintellectual 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 EULAand 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 EULAand 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 named "ABBYY FineReader8.0 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 named "ABBYY FineReader8.0 Corporate Edition," you may install and use one copy of the SOFTWARE only on one computer, unless otherwise stipulated in a supplemental agreement with ABBYY or in a license certificate accompanying the SOFTWARE.
4. Multiple-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 licensed to use one copy of the SOFTWARE on one computer, unless otherwise stipulated in a supplemental agreement with ABBYY or in a license certificate accompanying the SOFTWARE.
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.
7.1 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 EULAunless you activate your copy of the SOFTWARE. When you activate your copy of the SOFTWARE, no personal information will be transmitted to ABBYY. Activation is 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 the SOFTWARE will be sent to ABBYY. This information will only be used to select the correct language and contents of a reply message that is sent to you to confirm the results of activation. None of this information will be used for any other purpose.
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, except as described in article 2.3.
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 provides you with support services related to the SOFTWARE ("Support Services") subject to the conditions of the current ABBYY support policy published at the ABBYY Web site (http://www.abbyy.com/support/). ABBYY reserves the right to change the support policy any time without any prior notice.
8.2 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 hardware, 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.
11.1 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 EULAis considered null and void.
11.4 You may only use the resulting upgraded product in accordance with the terms of the EULAsupplied 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.
12.1 Without prejudice to any other rights, ABBYY may terminate this EULAif 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. If the SOFTWARE was purchased in the Russian Federation, this period will constitute 60 days starting from the date of purchase.
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 Some states or jurisdictions do not allow the exclusion or limitation of direct or indirect damages, or the exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to sixty (60) days from the date of purchase. You may have other rights, which vary from state to state or jurisdiction to jurisdiction.
13.6 In any event, ABBYY’ssole 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. Embedded Fonts
14.1 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. Adobe PDF Library®
15.1 "Adobe Software" means Adobe PDF Library® for Windows 2000, XP and related documentation, and any upgrades, modified versions, updates, additions, and copies thereof. ABBYY FineReader8.0 uses the Adobe Software for converting PDF files into image files.
15.2 License Grant and Restrictions. ABBYY grants you a non-exclusive right to use the Adobe Software incorporated into the SOFTWARE under the terms of this EULA. You may make one backup copy of the Adobe Software incorporated into the SOFTWARE, provided the backup copy is not installed or used on any computer.
15.3 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 incorporated into the SOFTWARE, except as provided in this EULA. Any copies that you are permitted to make pursuant to this EULAmust contain the same copyright and other proprietary notices that appear on or in the SOFTWARE. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Adobe Software incorporated into the SOFTWARE. Except as stated above, this EULAdoes not grant you any intellectual property rights in the Adobe Software.
15.4 Font License. If the SOFTWARE or Adobe Software incorporated into the 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.
15.5 Warranty. ABBYY AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE RESULTS YOU MAY OBTAIN BY USING THE ADOBE SOFTWARE INCORPORATED INTO THE SOFTWARE.
15.6 Export Rules. You agree that the Adobe Software incorporated into the 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 incorporated into the 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 incorporated into the SOFTWARE. All rights to use the Adobe Software incorporated into the SOFTWARE are granted on condition that such rights are forfeited if you fail to comply with the terms of this EULA.
15.7 Trademarks. Adobe and Adobe PDF Library are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.
16. Microsoft® Reader Content
16.1 "Microsoft Software" means Microsoft® Reader Content Software Development Kit, Version 1.5 including any "online" or electronic accompanying documentation. ABBYY FineReader8.0 uses the Microsoft Software to create files in Microsoft Reader format.
16.2 "Microsoft Software Component" means litgen.dlland other components of the Microsoft Software which may be incorporated into the SOFTWARE. Any and all rights associated with the Microsoft Software Component are subject to the terms herein.
16.3 The Microsoft Software Component is part of the SOFTWARE and all terms and conditions of this EULAapply to it, including, but not limited to, the redistribution terms and rights transfer.
16.4 You are allowed to create files in Microsoft Reader format that may be sold commercially.
16.5 DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE TO YOU THE MICROSOFT SOFTWARE COMPONENT AS IS AND WITHOUT ANY SUPPORT SERVICES; AND MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE MICROSOFT SOFTWARE COMPONENT ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO: TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE MICROSOFT SOFTWARE COMPONENT AND ANY SUPPORT SERVICES REMAINS WITH YOU.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE MICROSOFT SOFTWARE COMPONENT OR THE SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IF MICROSOFT OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.6 Reservation of Rights. Microsoft reserves all rights not expressly granted to you in this EULA.
16.7 Intellectual Property Rights. The Microsoft Software is owned by Microsoft and its suppliers.
17. Export Rules
17.1 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.
18. Governing Law
18.1 If the SOFTWARE was purchased in the United States, Canada, Mexico, Japan or Taiwan, this EULAshall 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.
18.2 If the SOFTWARE was purchased in Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden, the United Kingdom, or any other member state of the European Union that is not mentioned in article 18.3 of this EULA, or in Switzerland, Norway, Iceland or Liechtenstein, this EULAshall be governed by and construed in accordance with the substantial laws in force in the courts of Amsterdam, the Netherlands.
18.3 If the SOFTWARE was purchased in Russia, Byelorussia, Kazakhstan, Moldova or any other country of the CIS, except for Ukraine, or if the Software was purchased in Latvia, Lithuania or Estonia, this EULAshall be governed by and construed in accordance with the substantial laws in force in the courts of Moscow, the Russian Federation.
18.4 If the SOFTWARE was purchased in Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, the Czech Republic, Hungary, Israel, Macedonia, Malta, Poland, Romania, Slovakia, Slovenia, Turkey, Serbia, Montenegro, Ukraine, this EULAshall be governed by and construed in accordance with the substantial laws in force in the courts of Moscow, the Russian Federation.
18.5 In the cases described in articles 18.1-18.4, this EULAwill 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.
18.6 If the SOFTWARE was purchased in a country other than the countries specified in articles 18.1-18.4, this EULAshall be governed by and construed in accordance with the substantial laws of the country in which you purchased the SOFTWARE.
19.1 If you acquired the SOFTWARE via the Internet (including "Not for Resale" and/or "Upgrade" versions):
19.1.1 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;
19.1.2 ABBYY shall not provide you with any printed materials, including the User’s Guide;
19.2 If you purchased the SOFTWARE via the Internet you may only use the SOFTWARE in accordance with the terms stated in Section 3 of this EULAunless otherwise stipulated in the electronic documentation accompanying the SOFTWARE.
19.3 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.
19.4 This EULAcomes 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.
19.5 If you do not agree with the terms and conditions of this EULA, choose the "I do not accept the terms of the license agreement" declaration and proceed by selecting the "Cancel" command.
19.6 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.
19.7 ABBYY guarantees that all the information you provide when activating the SOFTWARE will be stored and used strictly within ABBYY.
20. Government Use
20.1 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 (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS252.227-7013.
21. General Provisions
21.1 If any part of this EULAis 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. This EULAshall not prejudice the statutory rights of any party dealing as a consumer.
U.S. Patent Nos. 5,258,855, 5,369,508, 5,625,465, 5,768,416 and 6,094,505