ABBYY FineReader 9.0

EULA - End User License Agreement

ABBYY FineReader 9.0
Important! Read the following terms carefully before installing, copying and/or using the product. Installing, copying or using the product indicates Your acceptance of these terms.
This ABBYY End-User License Agreement ("EULA") is a legal agreement between You, the end user who obtained the above-identified ABBYY software product (including any legal entity for whom this software product was obtained), and ABBYY for the above-identified ABBYY software product that accompanies this EULA, including any and all associated media, printed materials, and "online" or electronic documentation (collectively referred to as the “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 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.
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 and any legal entity that obtained the SOFTWARE and on whose behalf it is used.
If the SOFTWARE is accompanied by a hard copy of this EULA, in the case of any discrepancies in content between the text of this EULA and the text in the enclosed hard copy, the text in the hard copy shall prevail.
If You do not agree with the terms of this EULA, do not use the SOFTWARE and choose the “I do not accept the terms of the license agreement” declaration and proceed by selecting the “Cancel” command. 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 and the return policy of the seller from whom You purchased the SOFTWARE.
Definitions
"ABBYY" means ABBYY USA Software House Inc. registered at 47221 Fremont Boulevard, Fremont, California 94538, USA, when article 20.1 of this EULA is applied, ABBYY Europe GmbH registered at Elsenheimerstr. 49 80687 Munich, when article 20.2 of this EULA applied, ABBYY LLC registered at 21 building 1 Bratislavskaya Ulitsa, 109451, Moscow, Russia, when article 20.3 of this EULA is applied, ABBYY Software House Ukraine registered at 31, Degtyarevskaya st., Kiev, Ukraine 03680, when article 20.4 of this EULA is applied, and ABBYY Solutions Ltd., Kastoros 2, CY 1087, 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.
“You” and “Your” refers to and includes any person and/or any legal entity that obtained this SOFTWARE and on whose behalf this SOFTWARE is being used.
1. Grant of License
1.1 Subject to Your compliance with the terms of this EULA, ABBYY grants You a non-exclusive limited right (the “License”) enabling You to use the SOFTWARE, including all the images, photos, animations, audio-video components, music, text and “applets” incorporated into the SOFTWARE, as well as the accompanying printed materials and all of the SOFTWARE copies solely as set forth below. 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, music, text and "applets" 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 may be protected by applicable copyright or other intellectual property laws and treaties. This EULA does not purport to transfer the ownership of 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 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 and/or third parties’ intellectual property rights and shall give 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 EULA and 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 from Your Local Area Network in the case of such SOFTWARE transfer.
2.5 This EULA does not grant You any rights in connection with any trademarks of ABBYY.
2.6 Reservation of rights. All rights not expressly granted are reserved by ABBYY.
3. Using the SOFTWARE
3.1 If Your version of the SOFTWARE is named “ABBYY FineReader 9.0 Professional Edition,” You may install and use one copy of the SOFTWARE on Your office computer and Your home computer only. You may not install the SOFTWARE on more than two computers and You may not use the SOFTWARE on more than one computer at a time. The SOFTWARE may not be used simultaneously on Your home computer and on Your office computer.
3.2 If Your version of the SOFTWARE is named “ABBYY FineReader 9.0 Corporate Edition,” and the type of license is “Per seat”. You may install and use the SOFTWARE on as many computers as the number of licenses You acquired.
3.3 If Your version of the SOFTWARE is named “ABBYY FineReader 9.0 Corporate Edition,” and the type of license is “Concurrent“, You may install the SOFTWARE on any computer owned by You and simultaneously run the SOFTWARE on as many computers as the number of “Concurrent“ licenses You acquired.
3.4 If Your version of the SOFTWARE is named “ABBYY FineReader 9.0 Site License Edition,” You may install and simultaneously use the SOFTWARE on the number of the computers stipulated in a separate agreement with ABBYY or in a license certificate accompanying the SOFTWARE.
3.5 If Your version of the SOFTWARE is named “ABBYY FineReader 9.0 Professional Edition” or “ABBYY FineReader 9.0 Corporate Edition” and the type of License is “Per seat”, You may access one installed copy of the SOFTWARE using Terminal Services from only one computer, unless otherwise stipulated in a separate agreement with ABBYY or in a license certificate accompanying the SOFTWARE.
4. Multiple-Media SOFTWARE
4.1 You may receive the SOFTWARE on more than one medium, including downloads over the Internet. Regardless of the number of media You receive, You are licensed to use one (1) copy of the SOFTWARE in accordance with Section 3 of this EULA.
5. End-User Databases
5.1 You may create Your own databases for the programs included in the SOFTWARE if such a feature is provided by this SOFTWARE.
6. Redistribution of the SOFTWARE
6.1 Any re-distribution of the SOFTWARE, except as described in article 2.4 is strictly prohibited. Redistribution includes, but is not limited to selling, renting, leasing, or lending the SOFTWARE unless otherwise stipulated in a separate agreement with ABBYY.
7. Limitations
7.1 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 a reply message that is sent to You to confirm the results of activation. None of this information will be used for any other purpose.
7.2 All terms of use and limitations governing the use of the SOFTWARE are stated in this EULA, unless otherwise stipulated in a separate agreement with ABBYY or in a license certificate accompanying the SOFTWARE.
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 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 it must be promptly disclosed to ABBYY. All such information shall be deemed to be confidential and proprietary information of ABBYY.
7.3.2 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.
7.3.3 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 authorize all or any portion of the SOFTWARE to be copied onto another computers (except as described in article 2.4.) unless otherwise stipulated in a separate agreement with ABBYY.
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.
7.3.5 Remove or obscure any copyright, trademark or patent notices that appear on the SOFTWARE as delivered to You.
7.4. If article 20.3 of this EULA applies, You may not use the SOFTWARE commercially for the purpose of providing text recognition or PDF conversion results obtained with the SOFTWARE to any third party.
8. Support Services
8.1 ABBYY provides You with support services related to the SOFTWARE ("Support Services") subject to the conditions of the current ABBYY support policy published at the ABBYY Web site (http://www.abbyy.com/support/). ABBYY reserves the right to change the support policy any time without any prior notice.
8.2 Any supplementary software code provided to You as part of Support Services is to be considered as part of the SOFTWARE and subject to the terms and conditions of this EULA.
8.3 To be eligible for Support Services, You are required to provide ABBYY with information about the characteristics of Your hardware, as well as standard personal details including Your name, company name (if applicable), address, phone number and e-mail address.
8.4 ABBYY may use the above-mentioned information in accordance with applicable 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.
9. Not for Resale Software
9.1 If the SOFTWARE is labeled "Not for Resale" or "NFR," then, notwithstanding other sections of this EULA, You may only use such SOFTWARE for demonstration, verification or testing purposes.
10. Software for Trial Purposes
10.1 If the SOFTWARE is labeled "Try&Buy,” “Trial” or “Demo,” then this section shall apply until such time that You purchase a License for the full retail version of the SOFTWARE. You acknowledge that the SOFTWARE has limited functionality and/or functions for a limited period of time. The SOFTWARE is licensed on an “as is” basis, solely as a demonstration model. If the SOFTWARE is a timeout version, its functionality will be disabled after a designated period of time following the installation, this period being specified in the SOFTWARE. Upon such timeout date, the License hereunder shall be terminated, unless extended by ABBYY upon Your purchase of a full retail License from ABBYY.
11. Upgrades
11.1 If the SOFTWARE is labeled as an upgrade, You must be properly licensed to use a product identified by ABBYY as being eligible for the upgrade in order to use the SOFTWARE.
11.2 The SOFTWARE labeled as an upgrade replaces and/or supplements the product that formed the basis for Your eligibility for the upgrade.
11.3 Once You have installed the upgraded product, Your previous 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 Unless otherwise agreed by You and ABBYY, this EULA is effective until terminated.
12.2 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.
12.3 You may terminate this EULA by destroying the SOFTWARE and accompanying documentation and all copies thereof.
12.4 Such termination does not relieve You of Your obligation to pay for the SOFTWARE.
12.5 Provisions 2.3, 2.5, 2.6, 6, 7, 10, 13.2-13.4, 14-20, 21.4, 22 and 23 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.
13. Limited Warranty
13.1 ABBYY warrants that the media on which the SOFTWARE is furnished, if any, will be free from defects in materials and workmanship under normal use for the minimal period determined by the legislation of the country in which You purchased the SOFTWARE starting from the date of purchase.
13.2 The SOFTWARE, any upgrades and updates 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 statue, 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.
13.3 ABBYY makes no warranties for any third party software products which may be supplied within the SOFTWARE.
13.4 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 our 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, tel.: +49 (0)89 51 11 590, fax: +49 (0)89 51 11 5959.
14. Limitation of Liability
14.1 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 article 20 of this EULA, if any.
14.2 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
14.2.1 Subject to the provisions in article 14.2.2, 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.
14.2.2 The limitation of liability set forth in 14.2.1