eula abbyy

7/28/2019 EULA ABBYY

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End-User License Agreement (EULA)

ABBYY FineReader 11Important! Read the following terms carefully before installing, copying

and/or otherwise using ABBYY FineReader 11 (hereinafter referred to as"the SOFTWARE"). Installing, copying or otherwise using the SOFTWAREindicates your acceptance of these terms.

This End-User License Agreement (hereinafter referred to as the "EULA") is alegal agreement between you, the end user, who obtained the SOFTWARE and

ABBYY. The SOFTWARE includes any and all associated media, printed materials,and "online" or electronic documentation as well as applications, databases and

other software components.

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 itsterms.

This EULA comes into force when you accept all the terms stated herein duringthe SOFTWARE installation or when you start using the SOFTWARE in anymanner. This EULA is binding for the entire period of the SOFTWARE copyright,unless otherwise stated in this EULA or in a separate written agreement betweenYou and ABBYY and may depend on the scope of the License as it is described inthis EULA.

The SOFTWARE is protected by copyright laws and international treaty provisions.You agree that this EULA is enforceable like any written negotiated agreement

signed by you. This EULA is enforceable against you.

If the software is accompanied by a hard copy of separate license agreement in

the case of any discrepancies in content between the text of this EULA and thetext in the hard copy of separate agreement, the text in the hard copy of

separate license agreement shall prevail.

If you do not agree with the terms of this EULA, do not install and do not use theSOFTWARE or its components.

Definitions

"ABBYY" means

ABBYY USA Software House Inc. registered at 880 North McCarthy Boulevard,Suite 220, Milpitas, California 95035, USA, when article 16.1 of this EULA isapplied;

ABBYY Europe GmbH registered at Elsenheimerstrasse 49, 80687 Munich, whenarticle 16.2 of this EULA is applied;

ABBYY UK Ltd. Registered at Heathrow Business Centre, 65 High Street, Egham,Surrey TW20 9EY, United Kingdom, when article 16.3 is applied;

ABBYY LLC registered at ul. Perovskaya dom 22, korpus 1, 111398, Moscow,Russia, when article 16.4 of this EULA is applied;

ABBYY Software House Ukraine registered at 31, Degtyarevskaya st., Kiev,Ukraine 03680, when article 16.5 of this EULA is applied;

and ABBYY Solutions Ltd., Michail Karaoli 2, Egkomi CY 2404, Nicosia, Cyprus, inall other cases.

"You," "Your" and "End User" refer to and include any person (includingindividual entrepreneur) and/or any legal entity that obtained this SOFTWARE andon whose behalf this SOFTWARE is being used.


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"License" means the non-transferable and non-exclusive limited right granted toYou by ABBYY to install and use the functionality of the SOFTWARE in accordance

with the terms and conditions of this EULA.

"ABBYY Partner" means a legal entity or individual entrepreneur that provides

the SOFTWARE and the right to use the SOFTWARE based on a written agreement

with ABBYY which grants to such legal entity or individual entrepreneur the rightsto the SOFTWARE which are necessary for such activity.

"Computer" means an electronic device with one or more CPU (centralprocessing unit) cores that accepts information in digital or similar form andmanipulates it for a specific result based on a sequence of instructions.Additionally it may mean a virtual machine.

"Virtual machine" means a virtual (or otherwise emulated) hardware system.

"Serial number" means unique identifier of license or license group with similarparameters that is being given to the end user.

1. Subject matter

1.1 Subject to Your compliance with the terms of this EULA, ABBYY grants You aLicense enabling You to install and use the functionality of the SOFTWARE,including all the images, photos, animations, audio-video components, music,

text and additional applications incorporated into the SOFTWARE, as well as theaccompanying printed materials and all of the SOFTWARE copies solely as set

forth below. All conditions stated below apply both to the SOFTWARE as a wholeand to all of its separate components.

1.2 All rights not expressly granted to You by the EULA are reserved by ABBYY.This EULA does not grant You any rights in connection with any trademarks ofABBYY.

1.3 If paragraph 16.4 applies and You are a natural person, You may use theSOFTWARE worldwide. If paragraph 16.4 applies and You are a legal entity the

SOFTWARE may be obtained (purchased) only in the country where the legalentity or its branch and representative offices is registered, unless otherwiseagreed in a separate written agreement between You and ABBYY. The employees

of the legal entity or of its branch and representative offices may use theSOFTWARE worldwide, provided the SOFTWARE has been obtained and installed

in the country where the legal entity or its branch and representative offices isregistered. If paragraph 16.4 doesnt apply to You, You may use the SOFTWARE

according to governing law as defined in article 16.

1.4 Any use of the SOFTWARE and all component parts outside of or incontravention of the terms and conditions of this EULA shall constitute a breach ofABBYYs and/or third parties intellectual property rights and shall give cause forthe revocation of all rights to use the SOFTWARE granted to You under this EULA.

2. The scope of the License

2.1 You acknowledge that the SOFTWARE is protected from unauthorized copyingand unlimited use and may include software protection keys providing for suchprotection (hereinafter, "License Keys") and You accept the SOFTWARE subject toall such protections. License keys may require activation and the number of

available activations may be limited.

2.2 Your version of the SOFTWARE may be time-limited which means that the

SOFTWARE may stop functioning once the period of the license validity expires.

2.3 You may install and use the SOFTWARE on as many computers and/or virtual

machines as the number of licenses You acquired. You may access at a given time

one installed copy of the SOFTWARE using Terminal Services from only onecomputer unless otherwise stipulated in a separate written agreement with ABBYYor in any documentation accompanying the SOFTWARE. Terminal Services for the


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purpose hereof allow a user to access applications and data on a remotecomputer over a network.

2.4 If the type of license is "Concurrent", You may install the SOFTWARE on anycomputer owned by You and simultaneously run the SOFTWARE on as many

computers or virtual machines as the number of "Concurrent" licenses You

acquired. You may access simultaneously installed copies of the SOFTWARE usingTerminal Services from no more computers than the number of "Concurrent"licenses You acquired unless otherwise indicated in a separate written agreementwith ABBYY or in any documentation accompanying the SOFTWARE.

2.5 You may receive the Software on more than one medium (multiple-mediaSOFTWARE), including downloads over the Internet. Regardless of the number ofmedia You receive, You are only licensed to use the SOFTWARE in accordancewith the scope of the SOFTWARE License.

3. End-User Databases

You may create Your own databases (custom languages and patterns, customsettings, custom tasks and other) for the programs included in the SOFTWARE if

such a feature is provided by this SOFTWARE.4. Limitations of use

4.1 All terms of use and limitations governing the use of the SOFTWARE arestated in this EULA, unless otherwise is stipulated in a separate written

agreement with ABBYY or in other documentation accompanying the SOFTWARE.

4.2 You may not perform or make it possible for other persons to perform any

activities included in the list below:

4.2.1 Reverse engineer, disassemble or decompile the SOFTWARE or any part,

except, and only to the extent, that such activity is expressly permitted byapplicable law notwithstanding this limitation. If applicable law permits suchactivities, any information so discovered must not be disclosed to third parties

with the exception that such disclosure is required by law and such informationmust be promptly disclosed to ABBYY. All such information shall be deemed to beconfidential and proprietary information of ABBYY.

4.2.2 Modify, adapt or translate the SOFTWARE, including making changes to theSOFTWARE and applications and databases contained in the SOFTWARE other

than those provided for by the SOFTWARE and described in the documentation.

4.2.3 Make any changes to the SOFTWARE, including changes for the purpose of

enabling the SOFTWARE to run on Your hardware, without the prior writtenconsent of ABBYY, other than changes that can be made by the means included

with the SOFTWARE and described in the accompanying documentation.

4.2.4 Correct errors in the SOFTWARE without the prior written consent of ABBYY.

4.2.5 Rent, lease, sublicense, assign or transfer any rights granted to You by thisEULA and other rights related to the SOFTWARE to any other person or authorizeall or any portion of the SOFTWARE to be copied onto another computers unlessotherwise stipulated in a separate written agreement with ABBYY.

4.2.6 Make it possible for any person not entitled to use the SOFTWARE andworking in the same multi-user system as You or in the Internet to use theSOFTWARE.

4.2.7 Remove, change or obscure any copyright, trademark or patent notices thatappear on the SOFTWARE as delivered to You.

4.3 You may not use the SOFTWARE to provide paid or free recognition and

conversion services and/or to provide the results or access to the results acquiredthrough the use of the SOFTWARE as a part of another service that has

recognition or conversion as its component, including indexing or archiving


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documents, to any third party unless You have signed a separate writtenagreement with ABBYY.

4.4 You may not use the SOFTWARE in aggregate with any software that allows toexclude interactions of user with the SOFTWARE user interface without additional

agreement with ABBYY.

4.5 Any redistribution of the SOFTWARE or any part of the SOFTWARE isprohibited. Redistribution includes, but is not limited to renting, leasing, orgranting access to third parties to the SOFTWARE unless otherwise is stipulated ina separate written agreement with ABBYY.

5. Pre-release Software

5.1 If the SOFTWARE You have received with this License is pre-commercialrelease or beta SOFTWARE ("Pre-release Software"), then the Section 5 and 7shall apply. To the extent that any provision in this Section is in conflict with anyother term or condition in this EULA, this Section shall supersede such otherterm(s) and condition(s) with respect to the Pre-release Software, but only to theextent necessary to resolve the conflict.

5.2 You acknowledge that the SOFTWARE is a pre-release version, does notrepresent final SOFTWARE from ABBYY, and may contain bugs, errors and other

problems that could cause system or other failures and data loss. Consequently,the Pre-release Software is provided to You "as is", and ABBYY disclaims any

warranty or liability obligations to You of any kind. WHERE LIABILITY CANNOT BEEXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, ABBYYSLIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OFFIFTY DOLLARS (U.S. $50) IN TOTAL.

5.3 You acknowledge that the Pre-release Software may function for a period oftime limited by the SOFTWARE but not exceeding 3 (three ) months from the firstlaunch of the Pre-release Software. Upon such a timeout date, the functionality ofthe Pre-release Software will be disabled and the EULA shall be terminated,

unless extended by ABBYY upon Your obtaining of a license for the full version ofthe SOFTWARE from ABBYY.

5.4 You acknowledge that ABBYY has not promised or guaranteed to You that Pre-release Software will be announced or made available to anyone in the future,

ABBYY has no express or implied obligation to You to announce or introduce thePre-release Software and that ABBYY may not introduce a software productsimilar to or compatible with the Pre-release Software. Accordingly, Youacknowledge that any research or development that You perform regarding thePre-release Software or any software product associated with the Pre-releaseSoftware is done entirely at Your own risk.

5.5 During the term set forth in the clause 5.3, if requested by ABBYY, You may

be requested to provide feedback to ABBYY regarding testing and use of the Pre-release Software, including error or bug reports.

5.6 The non-disclosure terms stated in section 7 shall remain in force until the

day of the public commercial release of the SOFTWARE. For the purposes of thisEULA, the day of the public commercial release of the SOFTWARE shall be the day

of the publication of a press release about the SOFTWARE on www.ABBYY.com orother ABBYY websites.

5.7 Upon receipt of a later version of the Pre-release Software or a publiccommercial release of the SOFTWARE, whether as a stand-alone product or aspart of a larger product, You agree to return or destroy all earlier Pre-releaseSoftware received from ABBYY.

6. Trial Software


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6.1 If the SOFTWARE is labeled "Try&Buy," "Trial" or "Demo," then sections 6 shallapply until such time that You purchase a license for the full version of the

SOFTWARE. You acknowledge that the SOFTWARE has limited functionality and/orfunctions 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, itsfunctionality will be disabled after a designated period of time following the

installation, this period being specified in the SOFTWARE. Upon such timeoutdate, the EULA hereunder shall be terminated, unless extended by ABBYY uponYour purchase of a full license from ABBYY.

7. Non-Disclosure Terms and Conditions

7.1 This section applies if the SOFTWARE is Pre-Release Software.

7.2 You acknowledge that the SOFTWARE, any accompanying written, oral orelectronic information divulged to You by ABBYY related to the SOFTWARE, anyinformation about the quality of the SOFTWARE or the quality of the results

acquired through the use of the SOFTWARE, and any information about bugs,errors and other problems discovered by You in the SOFTWARE are confidential

(hereinafter "Confidential Materials").

7.3 You agree to be bound by the following terms and conditions:

7.3.1 You shall not disclose Confidential Materials. The term "disclose" means tolease, loan, rent, assign, transfer or provide access, over a network or otherwise,

to Confidential Materials reproduced in any form, including oral communications,to any third party.

7.3.2 You shall take all reasonable steps to prevent the disclosure of ConfidentialMaterials and to keep it confidential.

7.3.3 You shall promptly inform ABBYY if You become aware of any disclosure ofConfidential Materials.

7.3.4 If You are in breach of the terms and conditions set forth in articles 7.3.1 -

7.3.3 above. You shall compensate ABBYY for any loss resulting from such breachand, if it is acceptable by Your jurisdiction, shall pay a penalty to ABBYY in theamount of ten thousand US dollars (US$ 10,000).

7.4 The confidentiality terms set forth in article 7.3 of this EULA shall remain inforce until the day of the official release of the SOFTWARE. For the purposes of

this EULA, the day of the official release of the SOFTWARE shall be the day of thepublication of a press release about the SOFTWARE on www.ABBYY.com.

7.5 If You have been provided the Software pursuant to a separate writtenagreement, such as the Mutual Non-Disclosure Agreement, Your use of the Pre-

release Software is also governed by such agreement. To the extent that anyterm or condition of a separate written agreement, such as the Mutual Non-

Disclosure Agreement, are in conflict with any term or condition of this EULA, aseparate written agreement shall supersede such other term(s) and condition(s)with respect to the SOFTWARE, but only to the extent necessary to resolve theconflict.

8. Not-for-Resale Software

8.1 If the SOFTWARE is labeled "Not for Resale" or "NFR," then, notwithstandingother sections of this EULA, You may only use such SOFTWARE for demonstration,verification or testing purposes.

9. Updates

9.1 If the SOFTWARE is labeled as an update, You must own a license of a

product identified by ABBYY as being eligible for this update in order to use the

SOFTWARE.


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9.2 The SOFTWARE labeled as an update replaces and/or supplements theproduct that formed the basis for Your eligibility for the update.

9.3 You may only use the resulting updated product in accordance with the termsof the EULA supplied with this update, which prevails the EULA supplied with the

initial product that formed the basis for Your eligibility for the update.

9.4 You acknowledge that any obligation ABBYY may have to support the versionof the SOFTWARE being updated shall end upon the availability of the update.

10. Technical Support and Maintenance

10.1 ABBYY or ABBYY Partner may provide You with technical support,maintenance or professional services related to the SOFTWARE (hereinafter"Support Services") subject to conditions of the current ABBYY support policy.

10.2 General terms and conditions of ABBYY support policy are published on theABBYY website at www.abbyy.com/support. ABBYY reserves the right to changethe support policy any time without any prior notice.

10.3 In addition to the general terms and conditions ABBYY may have specificsupport policy in specific regions which may be regulated by separateagreements.

10.4 Any supplementary software code and any SOFTWARE component providedto You as part of Support Services is to be considered as part of the SOFTWAREand subject to the terms and conditions of this EULA.

10.5 To be eligible for Support Services, You may be required to provide ABBYYwith information about the characteristics of Your hardware, Serial Number of

Your SOFTWARE as well as standard personal details including Your name,company name (if applicable), address, phone number and e-mail address.

ABBYY may use the above-mentioned information in accordance with applicabledata protection law 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.

11. Limited Warranty

11.1 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 additional applications, incorporated into the SOFTWARE, as well as theaccompanying printed materials and all of the SOFTWARE copies.

11.2 ABBYY warrants that the media on which the SOFTWARE is furnished will befree from defects in materials and workmanship under normal use for the minimal

guarantee term determined by the legislation of the country in which Youpurchased the SOFTWARE starting from the date of purchase. If the SOFTWARE

was purchased in the countries defined in article 16.4, this period will constitutethirty (30) days starting from the date of purchase.

11.3 The SOFTWARE, any upgrades and updates are being delivered to You "asis" and ABBYY makes no warranty of any kind. ABBYY does not and cannotwarrant the performance or results You may obtain by using the SOFTWARE.

11.4 Except for any warranty, condition, representation, or term to the extent towhich the same cannot or may not be excluded or limited by law applicable to Youin Your jurisdiction, ABBYY makes no warranties, conditions, representations or

terms (express or implied whether by statute, common law, custom, usage orotherwise) 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 Yourrequirements, or that the SOFTWARE will function properly when used in


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conjunction with any other software or hardware, and the entire risk as to thequality and performance of the SOFTWARE lies with You.

11.5 ABBYY makes no warranties for any third party software products which maybe supplied within the SOFTWARE.

12. Limitation of Liability

12.1 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, claimsor costs whatsoever, or any consequential, indirect, incidental damage, or any

lost profits or lost savings resulting from and/or relating to the use of theSOFTWARE, 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 foregoinglimitations and exclusions apply to the extent permitted by applicable law in Your

jurisdiction. ABBYYs sole and aggregate liability under or in connection with this

EULA shall be limited to the purchase price originally paid for the SOFTWARE, ifany.

13. Limitation of Liability for Users Residing in Germany or AustriaIf You obtained Your copy of the SOFTWARE in Germany or Austria, and You

usually reside in such country, then:

13.1 In accordance with German law, ABBYY warrants that the SOFTWARE

provides the functionalities set forth in its documentation (the "agreed uponfunctionalities") for the limited warranty period following receipt of theSOFTWARE copy when used on the recommended hardware configuration. Asused in this article, "limited warranty period" means one (1) year if You are abusiness 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 beconsidered and does not establish any warranty rights. This limited warranty doesnot 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 thelimited warranty period You must return, at our expense, the SOFTWARE andproof of purchase to the location where You obtained it. If the functionalities ofthe SOFTWARE vary substantially from the agreed upon functionalities, ABBYY isentitled (by way of re-performance and at its own discretion) to repair or replacethe SOFTWARE. If this fails, You are entitled to a reduction of the purchase price(reduction) or to cancel the purchase agreement (rescission). For furtherwarranty information, please contact ABBYYs Customer Support Department in

Germany: ABBYY Europe GmbH, Elsenheimerstrasse 49, 80687 Munich, tel.: +49(0)89 51 11 590, fax: +49 (0)89 51 11 5959.

13.2 Subject to the provisions in article 13.3, ABBYYs statutory liability fordamages 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 thepurchase agreement in respect of damages caused by a slightly negligent breachof a material contractual obligation and (ii) ABBYY shall not be liable for damagescaused by a slightly negligent breach of a non-material contractual obligation.

13.3 The limitation of liability set forth in 13.2 shall not apply to any mandatorystatutory liability, in particular, to liability under the German Product Liability Act,liability for assuming a specific guarantee or liability for culpably caused personalinjuries.

13.4 You are required to take all reasonable measures to avoid and reduce

damages, in particular to make backup copies of the SOFTWARE and Yourcomputer data subject to the provisions of this EULA.


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14. Limitations for SOFTWARE obtained in the USA

14.1 Export Rules. The SOFTWARE shall not be exported or re-exported in

violation of any export provisions in the laws of the country in which thisSOFTWARE was purchased or otherwise acquired. In addition, You represent and

warrant that You are not prohibited under applicable laws from receiving the

SOFTWARE.14.2 Government Use. If use is made of the SOFTWARE by the United StatesGovernment or any US Government agency, the following additional terms shallapply: (1) Restricted Computer Software, as defined in the Rights in Data-Generalclause at Federal Acquisition Regulations 52.227-14; and (2) any use, duplication,or disclosure by the Government is subject to restrictions as set forth insubparagraph ()(1)(ii) of the Rights in Technical Data and Computer Softwareclause at DFARS 252.227-7013.

15. Third-party technologies

15.1 Embedded Fonts. Font programs are subject to copyright, and thecopyright 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 programto embed the font into a PDF file. In no event shall ABBYY be liable for anydamages arising out of or in connection with Your use of embedded fonts.

15.2 Adobe PDF Library.

15.2.1 The term "Adobe Software" includes Adobe Technology and relateddocumentation, and any upgrades, modified versions, updates, additions, andcopies thereof.

15.2.2 License Grant and Restrictions. ABBYY grants You a non-exclusive right touse the Adobe Software under the terms of this EULA. You may make one backup

copy of the Adobe Software, provided the backup copy is not installed or used onany computer.

15.2.3 Intellectual Property Rights. The Adobe Software incorporated into theSOFTWARE is owned by Adobe and its suppliers, and its structure, organization

and code are the valuable trade secrets of Adobe and it suppliers. The AdobeSoftware is also protected by United States Copyright law and InternationalTreaty provisions. You may not copy the Adobe Software, except as provided inthis EULA. Any copies that You are permitted to make pursuant to this EULA mustcontain the same copyright and other proprietary notices that appear on or in theAdobe Software. You agree not to modify, adapt, translate, reverse engineer,

decompile, disassemble or otherwise attempt to discover the source code of theAdobe Software. Except as stated above, this EULA does not grant You any

intellectual property rights in the Adobe Software.

15.2.4 Font License. If the Adobe Software includes font software You may embed

the font software, or outlines of the font software, into Your electronic documentsto the extent that the font vendor copyright owner allows for such embedding.The fonts contained in this package may contain both Adobe and non-Adobeowned fonts. You may fully embed any font owned by Adobe.

15.2.5 Warranty. ABBYY AND ITS SUPPLIER DO NOT AND CANNOT WARRANT THEPERFORMANCE RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE.

15.2.6 Export Rules. You agree that the Adobe Software will not be shipped,transferred or exported into any country or used in any manner prohibited by theUnited States Export Administration Act or any other export laws, restrictions orregulations (collectively the "Export Laws") - In addition, if the Adobe 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 embargoednation and that You are not otherwise prohibited under the Export Laws fromreceiving the Adobe Software. All rights to use the Adobe Software are granted on


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condition that such rights are forfeited if You fail to comply with the terms of thisEULA

15.2.7 Trademarks. Adobe and Adobe PDF Library are either registeredtrademarks or trademarks of Adobe Systems Incorporated in the United States

and/or other countries

15.3. LIZARDTECH SOFTWARE

15.3.1 "LIZARDTECH SOFTWARE" means the DjVu Decoder SoftwareDevelopment Kit of LIZARDTECH origin, as well as any associated media, printed

materials, and "online" or electronic documentation. You have acquired theSOFTWARE that includes the LIZARDTECH SOFTWARE licensed by ABBYY fromLIZARDTECH, INC. The SOFTWARE uses the LIZARDTECH SOFTWARE forconverting DjVu files into image files.

15.3.2 The LIZARDTECH SOFTWARE is protected by copyright laws andinternational copyright treaties, as well as other intellectual property laws andtreaties. The LIZARDTECH SOFTWARE is licensed, not sold.

15.3.3 Grant of License. You are granted a personal, nonsublicensable,

nontransferable, nonexclusive license to use the LIZARDTECH SOFTWARE asintegrated in the SOFTWARE (as well as any associated documentation). You will

not rent, sell, lease or otherwise distribute the LIZARDTECH SOFTWARE or anypart of it.

15.3.4 NO WARRANTIES FOR THE LIZARDTECH SOFTWARE. THE LIZARDTECHSOFTWARE IS PROVIDED "AS IS" AND WITH ALL FAULTS. THE ENTIRE RISK AS

TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT(INCLUDING LACK OF NEGLIGENCE) IS WITH YOU. ALSO, THERE IS NOWARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THELIZARDTECH SOFTWARE OR AGAINST INFRINGEMENT. IF YOU HAVE RECEIVEDANY WARRANTIES REGARDING THE SOFTWARE OR THE LIZARDTECH SOFTWARE,THOSE WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON,

LIZARDTECH.

15.3.5 NO LIABILITY FOR CERTAIN DAMAGES. EXCEPT AS PROHIBITED BY LAW,

LIZARDTECH SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL,CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION

WITH THE USE OR PERFORMANCE OF THE LIZARDTECH SOFTWARE. THISLIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIALPURPOSE.

15.3.6 Limitations on Reverse Engineering, Decompilation, and Disassembly. Youmay not reverse engineer, decompile or disassemble the LIZARDTECHSOFTWARE, except and only to the extent that such activity is expresslypermitted by applicable law notwithstanding this limitation.

15.3.7 Export Restrictions. You acknowledge that the LIZARDTECH SOFTWARE, orany part thereof, or any process or service that is the direct product of theLIZARDTECH SOFTWARE (the foregoing collectively referred to as the "Restricted

Components") are of U.S. origin. You agree to comply with all applicableinternational and national laws that apply to these products, including the U.S.

Export Administration Regulations, as well as end-user, end-use, and destinationrestrictions issued by U.S. and other governments.

15.4 Caminova Software

The text of Caminova's legal notes currently in effect is available at :

http://dev.caminova.jp/sdk/fullegalnotes.html

15.4.1 Oniguruma.

15.4.1.1 Copyright 2002-2006 K.Kosako All rights reserved.


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15.4.1.2 Redistribution and use in source and binary forms, with or withoutmodification, are permitted provided that the following conditions are met:

15.4.1.2.1 Redistributions of source code must retain the above copyright notice,this list of conditions and the following disclaimer.

15.4.1.2.2 Redistributions in binary form must reproduce the above copyright

notice, this list of conditions and the following disclaimer in the documentationand/or other materials provided with the distribution.

15.4.1.3 THIS SOFTWARE IS PROVIDED BY THE AUTHOR AND CONTRIBUTORS

"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOTLIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESSFOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THEAUTHOR 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) HOWEVERCAUSED 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 THEPOSSIBILITY OF SUCH DAMAGE.

15.4.2 ZLIB DATA COMPRESSION LIBRARY.

15.4.2.1 Copyright 1995-2004 Jean-loup Gailly and Mark Adler.

15.4.2.2 This software is provided "as-is", without any express or implied

warranty. In no event will the authors be held liable for any damages arising fromthe use of this software.

15.4.2.3 Permission is granted to anyone to use this software for any purpose,including commercial applications, and to alter it and redistribute it freely, subjectto the following restrictions:

15.4.2.3.1 The origin of this software must not be misrepresented; you must notclaim that you wrote the original software. If you use this software in a product,an acknowledgment in the product documentation would be appreciated but is

not required.15.4.2.3.2 Altered source versions must be plainly marked as such, and must not

be misrepresented as being the original software.15.4.2.3.3 This notice may not be removed or altered from any sourcedistribution.

15.4.3 MD5.

15.4.3.1 A portion of this software is derived from the RSA Data Security, Inc.MD5 Message-Digest Algorithm.

15.4.4 Mersenne Twister.15.4.4.1 Copyright 2006,2007 Mutsuo Saito, Makoto Matsumoto and HiroshimaUniversity. All rights reserved.

15.4.4.2 Redistribution and use in source and binary forms, with or withoutmodification, are permitted provided that the following conditions are met:15.4.4.2.1 Redistributions of source code must retain the above copyright notice,this list of conditions and the following disclaimer.15.4.4.2.2 Redistributions in binary form must reproduce the above copyright

notice, this list of conditions and the following disclaimer in the documentationand/or other materials provided with the distribution.

15.4.4.2.3 Neither the name of the Hiroshima University nor the names of itscontributors may be used to endorse or promote products derived from this

software without specific prior written permission.15.4.4.3 THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND


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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 AREDISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS

BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, ORCONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT

OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; ORBUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OFLIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDINGNEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THISSOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

15.4.5 Expat, Release 2.0.1.

15.4.5.1 Copyright 1998, 1999, 2000 Thai Open Source Software Center Ltdand Clark Cooper.

15.4.5.2 Copyright 2001, 2002, 2003, 2004, 2005, 2006 Expat maintainers.

15.4.5.3 Permission is hereby granted, free of charge, to any person obtaining a

copy of this software and associated documentation files (the "Software"), to dealin the Software without restriction, including without limitation the rights to use,

copy, modify, merge, publish, distribute, sublicense, and/or sell copies of theSoftware, and to permit persons to whom the Software is furnished to do so,

subject to the following conditions:

15.4.5.4 The above copyright notice and this permission notice shall be includedin all copies or substantial portions of the Software.

15.4.5.5 THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANYKIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THEWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ANDNONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHTHOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER

IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF ORIN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN

THE SOFTWARE.

15.4.6 JasPer License Version 2.0.

15.4.6.1 Copyright 2001-2006 Michael David Adams.

15.4.6.2 Copyright 1999-2000 Image Power, Inc.

15.4.6.3 Copyright 1999-2000 The University of British Columbia.

15.4.6.4 All rights reserved.

15.4.6.5 Permission is hereby granted, free of charge, to any person (the "User")obtaining a copy of this software and associated documentation files (the

"Software"), to deal in the Software without restriction, including withoutlimitation the rights to use, copy, modify, merge, publish, distribute, and/or sellcopies of the Software, and to permit persons to whom the Software is furnishedto do so, subject to the following conditions:15.4.6.5.1 The above copyright notices and this permission notice (which includesthe disclaimer below) shall be included in all copies or substantial portions of theSoftware.15.4.6.5.2 The name of a copyright holder shall not be used to endorse or

promote products derived from the Software without specific prior writtenpermission.

15.4.6.6 THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART

OF THIS LICENSE. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDEREXCEPT UNDER THIS DISCLAIMER. THE SOFTWARE IS PROVIDED BY THECOPYRIGHT HOLDERS "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR


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IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND

NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THECOPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT

OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTINGFROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,

NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR INCONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE. NOASSURANCES ARE PROVIDED BY THE COPYRIGHT HOLDERS THAT THESOFTWARE DOES NOT INFRINGE THE PATENT OR OTHER INTELLECTUALPROPERTY RIGHTS OF ANY OTHER ENTITY. EACH COPYRIGHT HOLDERDISCLAIMS ANY LIABILITY TO THE USER FOR CLAIMS BROUGHT BY ANY OTHER

ENTITY BASED ON INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OROTHERWISE. AS A CONDITION TO EXERCISING THE RIGHTS GRANTED

HEREUNDER, EACH USER HEREBY ASSUMES SOLE RESPONSIBILITY TO SECUREANY OTHER INTELLECTUAL PROPERTY RIGHTS NEEDED, IF ANY. THE SOFTWAREIS NOT FAULT-TOLERANT AND IS NOT INTENDED FOR USE IN MISSION-CRITICALSYSTEMS, SUCH AS THOSE USED IN THE OPERATION OF NUCLEAR FACILITIES,

AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROLSYSTEMS, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICHTHE FAILURE OF THE SOFTWARE OR SYSTEM COULD LEAD DIRECTLY TO DEATH,PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH

RISK ACTIVITIES"). THE COPYRIGHT HOLDERS SPECIFICALLY DISCLAIM ANYEXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.

15.4.7 The Independent JPEG Group's JPEG software

15.4.7.1 This software is based in part on the work of the Independent JPEG

Group.

15.5 Other licensed technologies. This SOFTWARE is used under license of the

following U.S. Patent Nos.; 5,258,855, 5,369,508, 5,490,216, 5,625,465,

5,768,416 and 6,094,505.

16. Governing Law

16.1 If the SOFTWARE was purchased in the United States, Canada, Mexico,Beliz, Costa-Rica, Salvador, Guatemala, Honduras, Montserrat, Nicaragua,Panama, Turks and Caicos Islands, Virgin Islands, Taiwan or Japan, this EULAshall be governed by and construed in accordance with the substantial laws inforce in the State of California, United States of America. You acknowledge that ifYou purchased the SOFTWARE in the United States of America, the SOFTWAREwas sold to You by ABBYY USA Software House Inc., and if so, proceedings arising

out of or relating to this EULA or the SOFTWARE shall be brought exclusively inthe courts of the County of Santa Clara in and of the State of California in the

United States of America.16.2 If the SOFTWARE was obtained in Austria, Belgium, Denmark, Finland,

France, Germany, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden,or any other member state of the European Union, except for Greece, Cyprus andMalta, that is not directly mentioned in article 16.3, 16.4 or 16.5 of this EULA, orin Switzerland, Norway, Iceland or Liechtenstein, this EULA shall be governed byand construed in accordance with the substantial laws in force in Munich, theFederal Republic of Germany and the competent court of Munich, the FederalRepublic of Germany shall have jurisdiction over all disputes relating to this EULA.

16.3 If the SOFTWARE was obtained in the United Kingdom of Great Britain and

Northern Ireland, and Republic of Ireland this EULA shall be governed by andconstrued in accordance with the Laws of England and Wales and the parties

accept the jurisdiction of the courts of England and Wales.


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16.4 If the SOFTWARE was obtained in Russia, Byelorussia, Kazakhstan, or anyother country of the CIS, except for Ukraine and Moldova, or if the SOFTWARE

was purchased in Georgia, Latvia, Lithuania or Estonia, this EULA shall begoverned by and construed in accordance with the substantial laws in force in the

Russian Federation.

16.5 If the SOFTWARE was obtained in Albania, Bosnia and Herzegovina,Bulgaria, Croatia, the Czech Republic, Hungary, Israel, Macedonia, Poland,Romania, Slovakia, Slovenia, Turkey, Serbia, Montenegro, Ukraine or Moldova,this EULA shall be governed by and construed in accordance with the legislationof Ukraine. Mentioned above rule does not apply when the software has beenacquired by the person that has a status of consumer according to the polish civilcode. The person is subordinated to Polish law in the situation.

16.6 If article 16.5 is applied and You are a legal entity or a private entrepreneur,

ny and all disputes, controversies or differences in opinion arising out of or

relating to the EULA shall be finally resolved through arbitration in accordance

with the arbitration rules and procedures of the International CommercialArbitration at the Ukrainian Chamber of Commerce and Industry according to its

Order. Judgment of the Court mentioned above is final and obligatory forexecution by both Parties. If article 16.5 is applied and You are an individualperson, the Shevchenkovsky District Court of Kiev, Ukraine, shall have jurisdictionover all disputes relating to this EULA.

16.7 If article 16.4 is applied and You are a legal entity or a private entrepreneur,the Arbitration Court of Moscow, the Russian Federation, shall have jurisdictionover all disputes relating to this EULA. If article 16.4 is applied and You are anindividual person, the Perovsky District Court of Moscow, the Russian Federation,

shall have jurisdiction over all disputes relating to this EULA.

16.8 In the cases described in articles 16.1 - 16.5, this EULA will not be governed

by the conflict of law rules of any jurisdiction or the United Nations Convention onContracts for the International Sale of Goods, the application of which is expressly

excluded.

16.9 If the SOFTWARE was purchased in a country other than the countriesspecified in articles 16.1 - 16.5,. this EULA shall be governed by and construed inaccordance with the substantial laws of the country in which You purchased theSOFTWARE.

17. Termination

17.1 Unless otherwise agreed by You and ABBYY in a separate written agreementor except as otherwise provided by the EULA, this EULA is effective for the entireperiod of the SOFTWARE copyright.

17.2 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, Youmust destroy all copies of the SOFTWARE, all of its component parts and remove

the SOFTWARE.

17.3 You may terminate this EULA by destroying of all copies of the SOFTWARE,

all of its component parts and removing the SOFTWARE.

17.4 Such termination does not relieve You of Your obligation to pay for the

SOFTWARE.

17.5 Sections 4,7,12,13,14,15, paragraphs 11.2-11.5, 18.1, 18.2, 18.4, 18.6,

18.7 shall survive the termination of this EULA, howsoever caused, but this shallnot imply or create any continued right to use the SOFTWARE after termination ofthis EULA.

18. Miscellaneous


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18.1 All title and intellectual property rights in and to the content that is notcontained in the SOFTWARE, but may be accessible through the use of the

SOFTWARE, are the property of the respective content owners and may beprotected by applicable copyright or other intellectual property laws and

international treaties. This EULA does not grant You any rights to such intellectualproperty.

18.2 The SOFTWARE contains valuable trade secrets and confidential informationbelonging to ABBYY and third parties and is protected by copyright laws,including, without limitation, by United States Copyright Law, laws of RussianFederation, international treaty provisions, and the applicable laws of the countryin which it is being used or obtained.

18.3 ABBYY may provide You with any printed materials, including the UsersGuide.

18.4 You agree to provide ABBYY with some of Your personal details in the course

of operation and registration of the SOFTWARE. You agree that Your personaldetails may be collected, processed, and used by ABBYY in compliance with

applicable law provided that the confidentiality of the data is maintained. Any

personal details You provide to ABBYY will be stored and used strictly by ABBYYand its affiliates and will not be disclosed to any third party, except as may berequired by applicable law.

18.5 You agree that the SOFTWARE may have periodical Internet connection withABBYY server to check the status of the SOFTWARE or download additionalcontent, information or components. No personal information about You or YourComputer will be transferred during such connections.

18.6 ABBYY may send You e-mails containing product and company news,information about special offers, advices on product usage and other product andcompany-related information provided You specifically agreed to receive suchinformation from ABBYY. You have the possibility to remove Your address from

ABBYY mailing list at any time.18.7 If any claims or lawsuits are brought against You in connection with Your

illegal use of the SOFTWARE, You shall inform ABBYY about them in three (3)days from the moment You learned of them. You shall carry out all the necessary

actions to provide ABBYY with the possibility of taking part in the hearings of saidclaims or lawsuits in court, and to provide the information necessary forsettlement of the corresponding claims or lawsuits, not later than in seven (7)days from the moment of reception of inquiry from ABBYY.

18.8 Remuneration under this EULA is the price of the License established byABBYY or an ABBYY Partner and payable in accordance with the paymentprocedures established by them, or may be included in value of equipment orhardware obtained by you or is part of the consideration payable by You for

the full version of the SOFTWARE. If you are a natural person, this EULA may begratuitous.

18.9 If any part of this EULA is found void and unenforceable, it will not affect thevalidity of the balance of the EULA, which shall remain valid and enforceable

according to its terms.

eula abbyy

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