Important! Read the following terms carefully before installing, copying and/or using ABBYY Lingvo 9.0 Popular Electronic Dictionary. Installing, copying or using this software 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 ABBYY Lingvo 9.0 Popular Electronic Dictionary (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.
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, 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 Russian Federation 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.
3. Using the SOFTWARE
3.1. This EULA grants you the right to install and use one copy of the SOFTWARE on a single computer..
3.2. This SOFTWARE is licensed as a single product. Itscomponentparts may not be separated for use.
3.3. You may create your own databases for the programs included in the SOFTWARE if such a feature is provided by this SOFTWARE.
4. Redistribution of the SOFTWARE
4.1. Any re-distribution of the SOFTWARE is strictly prohibited. Redistribution includes, but is not limited to, granting access to third parties, selling, renting, leasing, or lending the SOFTWARE. ABBYY retains the right to cancel this EULA at any time if you fail to fulfil any of the above obligations.
5. Limitations
5.1. You may not perform or make it possible for other persons to perform any activities included in the list below:
5.1.1. 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.
5.1.2. 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.
5.1.3. 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.
5.1.4. 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.
6. Support Services
6.1. ABBYY may provide you with support services related to the SOFTWARE ("Support Services"). To be eligible for free Support Services, you must register your copy of the SOFTWARE. ABBYY may cease providing Support Services upon the release of a new version of the SOFTWARE.
6.2. 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.
6.3. To be eligible for Support Services, you are required to provide ABBYY with information about the characteristics of your equipment, as well as standard personal details including your name, company name (if applicable), address, phone number and e-mail address.
6.4. 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.
7. Not for Resale Software
7.1. 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.
8. Termination
8.1. Without prejudice to any other rights, ABBYY may terminate this EULA if you fail to comply with the terms and conditions of this EULA.
8.2. In such an event, you must destroy all copies of the SOFTWARE, all of its component parts and uninstall the SOFTWARE.
9. Warranties and Indemnifications
9.1. 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.
9.2. 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.
9.3. 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.
9.4. 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.
9.5. 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.
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 time-limited or function-limited, the SOFTWARE will cease to function after the time period stated in the SOFTWARE has expired or after the user has performed the maximum number of operations allowed by the SOFTWARE. Upon such an event, this Agreement will terminate immediately unless the user has purchased a full version of the SOFTWARE.
11. Export Rules
11.1. The SOFTWARE shall not be exported or re-exported in violation of any export provisions of the country, where the SOSTWARE was purchased, or any other applicable legislation.
12. Governing Law
12.1. This EULA shall be governed by and construed in accordance with the laws of the Russian Federation.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.
12.2. 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 11.3 or 11.4 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.
12.3. 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.
12.4. 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.
12.5. In the cases described in articles 11.1-11.4, 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.
12.6. If the SOFTWARE was purchased in a country other than the countries specified in articles 11.1-11.4, this EULA shall be governed by and construed in accordance with the substantial laws of the country in which you purchased the SOFTWARE.
13. Miscellaneous
13.1. 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.
13.2. 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.
13.3. 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.
13.4. 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.
13.5. ABBYY guarantees that all the information you provide when activating the SOFTWARE will be stored and used strictly within ABBYY.
14. 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.
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.
"ABBYY" means:
1) OOO ABBYY Software, if the SOFTWARE when article 11.1 or 11.3 of this EULA is applied;
2) ABBYY Software Ltd., if the SOFTWARE in all other cases.
OOO ABBYY Software
Registered at 23 Kryukovskaya Ulitsa, 111020, Moscow
Address: P.O. Box #72, Moscow, 127015
Tel.: (095) 783 37 00, fax: (095) 783 26 63
E-mail: office@abbyy.ru
Http://www.abbyy.ru, http://www.lingvo.ru
ABBYY Software Ltd.
Registered at 2 Kastoros Str, CY-1087 Nicosia, Cyprus
Address: P.O. Box 23, 02002 Kyiv, Ukraine
Phone: +380 44 490 9999, Fax: +380 44 490 9461
E-mail: sales@abbyy.ua
Http://www.abbyy.ua