End-User Licence 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 Licence Agreement ("EULA") is a legal agreement between you, the end user of the licence rights granted herein, and ABBYY governing the use of the software (SOFTWARE) accompanying this EULA, 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. Stasikratous 29, 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 Licence

1.1 Subject to your compliance with the terms of this EULA, ABBYY grants you, the end user, a non-exclusive licence 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. Licence

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, sound, 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. In the case of a stand-alone installation you may either install the SOFTWARE on your desktop computer and on your laptop computer or you may install the SOFTWARE on your home computer and on your office computer. You may not install the SOFTWARE on any other computers. The SOFTWARE may not be used simultaneously on your laptop (home) computer and on your desktop (office) computer, except as described in article 3.3.

3.2. In the case of a network installation you may use the Software within one Local Area Network only. You may install the SOFTWARE on your network server and from the server you may install the SOFTWARE on an unlimited number of workstations, provided that you will use one copy of the SOFTWARE on one workstation at a time, unless otherwise stipulated in a separate agreement with ABBYY, except as described in article 3.3.

3.3. You may install and use the SOFTWARE on your handheld computer, unless otherwise stipulated in a separate agreement with ABBYY. You may simultaneously use the SOFTWARE on your desktop computer and on your handheld computer. Such use of the SOFTWARE does not constitute a breach of Sections 3.1. and 3.2. of this EULA.

 

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 (user dictionaries) for the programs included in the SOFTWARE if such a feature is provided by the SOFTWARE.  ABBYY assumes no liability for any infringement of copyright arising out of such use.

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 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 SOFTWARE, 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. 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 SOFTWARE will be sent to ABBYY. This information will only be used to select 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, 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 will provide you with support services related to the SOFTWARE ("Support Services") as stated in the current ABBYY Technical Support Policy. The latest version of the ABBYY Technical Support Policy is available on the ABBYY Web site. ABBYY retains the right to make changes to its Technical Support Policy without 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 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 labelled "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 labelled "Try&Buy”, “Trial” or “Demo”, then this section shall apply until such time that you purchase a licence 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 licence hereunder shall be terminated, unless extended by ABBYY upon your purchase of a full retail licence from ABBYY.

11. Upgrades

11.1 If the SOFTWARE is labelled 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 labelled 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 The SOFTWARE shall not be exported or re-exported in violation of any export provisions of the country, where the SOFTWARE was purchased, 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 or any other country of the CIS, except for Ukraine and Moldova, 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, Yugoslavia (Serbia and Montenegro), Ukraine or Moldova 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 licence agreement” declaration followed by the ”Next” command on your computer screen, and is binding for the entire period of the SOFTWARE copyright.

16.4 If you do not agree with the terms and conditions of this EULA, choose the ”I do not accept the terms of the licence 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 (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013.

 

18. Vorbis

The software uses the Vorbis format for sound compression. Xiph.org's Vorbis format libraries (hereunder “Vorbis software”) are licensed from Xiph.org Foundation.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

 

Vorbis 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 regents 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.