Important! Read the following terms carefully before installing, copying and/or using ABBYY Lingvo 12. 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 (either an individual or a single entity), and ABBYY for the software product identified above, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (SOFTWARE).
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 becomes effective when you accept all the terms 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.
The SOFTWARE is protected by the copyright laws of the Russian Federation, international treaty provisions, and the laws of the country of purchase or final use. You agree that this EULA is enforceable like any written negotiated agreement signed by you. This EULA is enforceable against you and any entity that obtained the SOFTWARE or on whose behalf it is used.
If you do not agree with the terms of this EULA, do not use the SOFTWARE, select the “I do not accept the terms of the licence agreement” declaration, and click “Cancel” to quit the installation program.
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 thirty (30) days starting from the date of purchase unless otherwise stipulated by the laws of the country where you purchased the SOFTWARE or the return policy of the seller from whom you purchased the SOFTWARE.
1) “ABBYY” means ABBYY LLC registered at 21 building 1 Bratislavskaya Ulitsa, 109451, Moscow, Russia, when article 19.3 of this EULA is applied, and ABBYY Solutions Ltd., Kastoros 2, CY 1087, Nicosia, Cyprus, in all other cases.
2) “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.
“You”, “your”, and “end user” refer to and includes any person and/or any entity that obtained and use this SOFTWARE.
1.1. Subject to your compliance with the terms of this EULA, ABBYY grants you a non-exclusive limited right (the “Licence”) enabling you to use the SOFTWARE, including all the images, photos, animations, audio and 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 the terms 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 licence and distribute the SOFTWARE, including all the images, photos, animations, audio and video components, music, text, and applications incorporated into the SOFTWARE, as well as the accompanying printed materials and all of the SOFTWARE copies.
2.2. All title and intellectual property rights in and to the content that is not contained in the SOFTWARE, but may be accessed through use of the SOFTWARE, are the property of the respective content owners and protected by the laws of the Russian Federation, international treaties, and the laws of the country of purchase or final use. This EULA does not grant you any rights to such intellectual property.
2.3. The SOFTWARE contains valuable trade secrets and confidential information belonging to ABBYY and third parties and is protected by copyright, including, without limitation, by the laws the Russian Federation, United States Copyright Law, international treaty provisions, and the applicable laws of the country of purchase or final use. 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 and/or third party’s intellectual property rights and shall be cause for the revocation of all rights to use the SOFTWARE granted to you under this EULA.
2.4. You may make a one-time permanent transfer of this SOFTWARE only directly to another end user. This transfer must include all of the SOFTWARE (including all component parts, the media and printed materials, and any upgrades), and this EULA. 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 server in the case of such SOFTWARE transfer.
2.4.1. Any transfer of the SOFTWARE to a third party except as set forth in article 2.4 of this EULA shall constitute a breach of this EULA, and you shall forfeit all rights to use the SOFTWARE and receive technical support for the SOFTWARE.
2.5. This EULA does not grant you any rights in connection with any trademarks of ABBYY.2.6 Reservation of Rights. ABBYY reserves all rights not expressly granted to you in this EULA
3.1. If you are a company, a legal entity, a state body or a body of local self-government, you may install the SOFTWARE only on one computer — either on a desktop computer or on a portable (laptop) computer.
3.1.1. 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 use one copy of the SOFTWARE on one workstation at a time, unless otherwise stipulated in a separate agreement with ABBYY
3.2. If you are a private individual, you may install the SOFTWARE on two computers — on one office computer and on one home computer, provided that you do not use the SOFTWARE simultaneously on the office computer and on the home computer.
3.3. You may additionally install and use the SOFTWARE on the following devices:
one handheld computer, and
3.4. You may simultaneously use the SOFTWARE on your desktop computer and on your handheld computer or smartphone. Such use of the SOFTWARE does not constitute a breach of articles 3.1. - 3.3 of this EULA.
3.5. If the name of the SOFTWARE contains the words “First Step”, please see Section 14.
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.
5.1. You may use the SOFTWARE to create your own databases and/or to connect third-party databases (user dictionaries) not owned by ABBYY if this feature is supported by the SOFTWARE.
5.2 If you use the SOFTWARE to create your own databases or to connect third-party databases, ABBYY disclaims any and all liability with respect to the intellectual property rights of the third parties involved.
6.1 Some versions of the SOFTWARE support additional dictionaries. If you have purchased additional dictionaries for ABBYY Lingvo 12 released by ABBYY as software programs or as separate databases, all the terms of this EULA shall also apply to such additional dictionaries.
7.1. Any redistribution of the SOFTWARE, except as described in article 2.4, is strictly prohibited. Redistribution includes, but is not limited to, granting third parties access to any components of the SOFTWARE in any form, renting, leasing, or lending the SOFTWARE.
8.1. You acknowledge that the SOFTWARE is protected from unauthorized copying and/or 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 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 the reply message to inform you about the results of the activation procedure and will not be used for any other purposes.
8.2. All usage terms and limitations governing the use of the SOFTWARE are stated in this EULA, unless otherwise stipulated in a separate agreement with ABBYY.
8.3. You may not perform or make it possible for other persons to perform any activities included in the list below.
8.3.1. Disassemble or decompile (i.e. extract the source code from the object code) the SOFTWARE (applications, databases (including dictionaries), and any and all SOFTWARE component parts), 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 to the extent that such non-disclosure is permitted by law, and you must promptly disclose this information to ABBYY. All such information shall be deemed as confidential and owned by ABBYY.
8.3.2. Modify, adapt, or translate 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.
8.3.3. 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 allow all or any portion of the SOFTWARE to be copied onto another computer, except as described in article 2.4 of this EULA.
8.3.4. Make it possible for any person not entitled to use the SOFTWARE and working in the same local area network or multi-user system as you to use the SOFTWARE.
8.3.5. Reproduce and/or replicate and/or distribute in paper form the dictionary databases contained in the SOFTWARE.
8.3.6. Remove or obscure any copyright, trademark or patent notices that appear on the SOFTWARE as delivered to you.
9.1. ABBYY provides you with technical support services related to the SOFTWARE (“Technical Support”) subject to the conditions of the current ABBYY Technical Support Policy published on the ABBYY Web site (http://www.abbyy.com/support/). ABBYY reserves the right to make changes to its Technical Support Policy at any time without prior notice.
9.2 Any supplementary software code provided to you as part of Technical Support is to be considered as part of the SOFTWARE and is subject to the terms and conditions of this EULA.
9.3. To be eligible for Technical Support, you may be required to provide ABBYY with information about the characteristics of your computer, as well as standard personal details including your name, company name (if applicable), address, phone number, and e-mail address.
9.4. 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.
10.1. 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, assessment, verification or testing purposes.
11.1. If the SOFTWARE is labelled “Try&Buy”, “Trial” or “Demo”, then this section of this EULA 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 or restricted 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.
12.1. 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.
12.2. The SOFTWARE labelled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade.
12.3. Once you have installed the upgraded product, your previous EULA becomes null and void. You acknowledge that any obligation ABBYY may have with respect to the previously used version of the SOFTWARE shall end upon the availability of the upgrade.
12.4. You may only use the resulting upgraded product in accordance with the terms of the EULA supplied with this upgraded product.
12.5. 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.
12.6. In order to use the SOFTWARE labelled as an upgrade, you must activate the SOFTWARE in accordance with article 220.127.116.11. During activation, ABBYY may ask you to present proof that you own a valid licence to one of the previous versions of the SOFTWARE labelled as eligible for the upgrade.
14.1. If the name of the SOFTWARE contains the words “First Step”, this Section 14 shall supersede Section 3 of this EULA.
15.1. Unless otherwise agreed in a separate agreement between you and ABBYY, this EULA is effective until terminated.
15.2. 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 uninstall the SOFTWARE.
15.3. You may terminate this EULA by destroying the SOFTWARE and accompanying documentation and all copies thereof. Such termination does not relieve you of your obligation to pay for the SOFTWARE.
15.4 Provisions 2.3, 2.5, 2.6, 7, 8, 11, 16.2 – 16.4, 17 – 19, 20.4, 21, and 22 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.
16.1. 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.
16.2. The SOFTWARE and any upgrades 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. 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.
16.3. ABBYY makes no warranties for any third party software products which may be supplied with or within the SOFTWARE.
16.4. Limited Warranty for Users Residing in Germany or Austria.
If you obtained your copy of the SOFTWARE in Germany or Austria, and you usually reside in such country, then, 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 ABBYY’s 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, Germany, tel.: +49 (0)89 51 11 590, fax: +49 (0)89 51 11 5959.
17.1. 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. Nothing contained in this EULA limits ABBYY’s liability to you in the event of death or personal injury resulting from ABBYY’s negligence or for the tort of deceit (fraud). For further information, please see the jurisdiction-specific information in Section 19 of this EULA.
17.2. Limitation of Liability for Users Residing in Germany or Austria:If you obtained your copy of the SOFTWARE in Germany or Austria, and you usually reside in such country, then:
17.2.1. Subject to the provisions in article 17.2.2, 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.
17.2.2. The limitation of liability set forth in 17.2.1 shall not apply to any mandatory statutory liability, in particular, to liability for culpably caused personal injuries.17.2.3. 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.
18.1. 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 purchasing or receiving the SOFTWARE.
19.1. If the SOFTWARE was purchased in the United States, Canada, Mexico, Taiwan or Japan, 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.
19.2. 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 articles 19.3, and/or 19.4 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 Munich, the Federal Republic of Germany.
19.3. If the SOFTWARE was purchased in Russia, Byelorussia, Kazakhstan or any other country of the CIS, except for Ukraine and Moldova, or if the SOFTWARE was purchased in Latvia, Lithuania or Estonia, this EULA shall be governed by and construed in accordance with the substantial laws in force in the courts of Moscow, the Russian Federation.
19.4. 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 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.
19.5. In the cases described in articles 19.1-19.4, 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.
19.6. If the SOFTWARE was purchased in a country other than the countries specified in articles 19.1-19.4, this EULA shall be governed by and construed in accordance with the substantial laws of the country in which you purchased the SOFTWARE.
20.1. If you acquired the SOFTWARE via the Internet (including “Not for Resale”, “Trial”, and/or “Upgrade” versions), ABBYY shall not provide you with any printed materials, including the User’s Guide.
20.2. 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.
20.3. ABBYY guarantees that all the information you provide when activating the SOFTWARE will be stored and used strictly within ABBYY.
20.4. You agree to indemnify, hold harmless, and defend ABBYY from and against any claims, liabilities, losses, actions, damages and/or lawsuits, including any attorneys’ fees that may arise from or relate to the use of and/or reliance on the SOFTWARE.
20.5. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of this EULA, which shall remain valid and enforceable according to its terms. This EULA shall not prejudice the statutory rights of any party dealing as a consumer.
21.1. 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.
22.1. 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.
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice (Copyright © year of publication Xiph.org Foundation), this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of the Xiph.org Foundation nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.