End-User License Agreement (EULA)
ABBYY® FineReader 10
Important! Read the following terms carefully before installing, copying and/or using this software product. Installing, copying or using this software product indicates Your acceptance of these terms.
This End-User License Agreement (“EULA”) is a legal agreement between You, the End User of the above-identified ABBYY software product, and ABBYY for the above-identified ABBYY software product that accompanies this EULA, including any and all associated media, printed materials, “online” or electronic documentation, applications, databases and other software components (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 start using the SOFTWARE or accept all the conditions stated herein expressing;
• Your explicit consent to the terms of this EULA by:
o selecting the appropriate option from the list in the process of the SOFTWARE installation;
o validating of this EULA in the process of the first start;
and is binding for the entire period of the SOFTWARE copyright, except as otherwise provided by this 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 and any legal entity that obtained the SOFTWARE and on whose behalf it is used.
If the SOFTWARE is accompanied by a hard-copy end-user license agreement, in the case of any discrepancies in content between the text of this EULA and the text in the hard-copy end-user license agreement, the text in the hard-copy end-user license agreement shall prevail.
If You do not agree with the terms of this EULA, do not install and do not use the SOFTWARE or its components.
ABBYY USA Software House, Inc. registered at 880 North McCarthy Boulevard, Suite 220, Milpitas, California 95035, USA, when article 16.1 of this EULA applies;
ABBYY Europe GmbH registered at Elsenheimerstrasse 49 80687 Munich, when article 16.2 of this EULA applies;
ABBYY UK Ltd. Registered at Heathrow Business Centre, 65 High Street, Egham, Surrey TW20 9EY, United Kingdom, when article 16.3 applies;
ABBYY LLC registered at ul. Perovskaya dom 22, korpus 1, 111398, Moscow, Russia, when article 16.4 of this EULA applies;
ABBYY Software House Ukraine registered at 31, Degtyarevskaya st., Kiev, Ukraine 03680, when article 16.5 of this EULA applies;
and ABBYY Solutions Ltd., Michail Karaoli 2, Egkomi CY 2404, Nicosia, Cyprus, in all other cases.
“ABBYY Group” means ABBYY with all ABBYY 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 include any person and/or any legal entity that obtained this SOFTWARE and on whose behalf this SOFTWARE is being used.
“License” means the non-exclusive limited right granted to You by ABBYY to install and use the SOFTWARE in accordance with the terms and conditions of this EULA.
“Serial Number” means the unique identifier of the license or set of licenses with same parameters that is provided to the End User.
“ABBYY Partner” means a legal entity that provides the SOFTWARE and the right to use the SOFTWARE based on an agreement with ABBYY which grants to such legal entity the rights to the SOFTWARE which are necessary for such activity.
“Computer” means an electronic device with one or more CPU cores, or a device within a virtual or otherwise emulated hardware system, that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
1. Grant of License
1.1 Subject to Your compliance with the terms of this EULA, ABBYY grants You a License enabling You to install and use the SOFTWARE, including all the images, photos, animations, audio and video components, music, text, additional applications incorporated into the SOFTWARE, 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.
1.2 If article 21.4 applies and You are a natural person, You may use the SOFTWARE worldwide. If article 21.4 applies and You are a legal entity, You may use the SOFTWARE only in the country of Your registration unless otherwise agreed in a separate agreement between You and ABBYY.
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 and video components, music, text, and additional applications incorporated into the SOFTWARE, 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 accessible 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 international treaties. 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 United States Copyright Law, the laws of the Russian Federation, international treaty provisions, and the applicable laws of the country in which it is being used. Any use of the SOFTWARE or any of its component parts 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 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 updates) 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 the SOFTWARE is identified as “ABBYY FineReader 10 Professional Edition,” You may install and use 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 the SOFTWARE is identified as “ABBYY FineReader 10 Corporate Edition,” and Your License is identified as “Per Seat,” You may install and use the SOFTWARE on as many computers as the number of Per Seat Licenses You acquired.
3.3 If the
SOFTWARE is identified as “ABBYY FineReader 10 Corporate Edition” and Your License is identified as “Сoncurrent,” 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 the SOFTWARE is identified as “ABBYY FineReader 10 Site License Edition” You may install and simultaneously use the SOFTWARE on the number of computers specified in a separate agreement between You and ABBYY or in any documentation accompanying the SOFTWARE.
3.5 If the SOFTWARE is identified as “ABBYY FineReader 10 Professional Edition” and Your License is identified as “Per Seat,” You may access one installed copy of the SOFTWARE from only one computer via Terminal Services. “Terminal Services” for the purpose hereof means a service that allows a user to access applications and data on a remote computer over a network.
3.6 If the SOFTWARE is identified as “ABBYY FineReader 10 Corporate Edition” and Your License is identified as “Per Seat,” You may access as many installed copies of the SOFTWARE via Terminal Services as the number of Per Seat Licenses You acquired unless otherwise specified in a separate agreement between You and ABBYY or in any documentation accompanying the SOFTWARE.
3.7 If the SOFTWARE is identified as “ABBYY FineReader 10 Corporate Edition” and Your License is identified as “Concurrent,” You may only access as many installed copies of the SOFTWARE via Terminal Services as is specified in a separate agreement between You and ABBYY.
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 only 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 redistribution of the SOFTWARE or any part of the SOFTWARE, except as described in article 2.4, is strictly prohibited. Redistribution includes, but is not limited to, renting, leasing, lending or granting access to third parties to the SOFTWARE, unless otherwise defined in a separate agreement between You and ABBYY.
7. Pre-Release Software Additional Terms
7.1 If the SOFTWARE You have received with this License is pre-commercial release or beta SOFTWARE (“Pre-Release Software”), then this section 7 applies. To the extent that any provision in this section is in conflict with any other term or condition in this EULA, this section shall supersede such other term(s) and condition(s) with respect to the Pre-Release Software, but only to the extent necessary to resolve the conflict.
7.2 You acknowledge that the SOFTWARE is a pre-release version, does not represent 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 BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, ABBYY’S LIABILITY AND THAT OF ITS PARTNERS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL.
7.3 You acknowledge that the Pre-Release Software may function for a period of time limited by the Pre-Release Software but not exceeding 2 (two) weeks from the first launch of the Pre-Release Software. Upon such timeout, the functionality of the Pre-Release Software will be disabled and the EULA shall be terminated, unless extended by ABBYY upon Your obtaining a License for the full version of the SOFTWARE from ABBYY.
7.4 You acknowledge that ABBYY has not promised or guaranteed to You that the 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 the Pre-Release Software and that ABBYY may not introduce a software product similar to or compatible with the Pre-Release Software. Accordingly, You acknowledge that any research or development that You perform regarding the Pre-Release Software or any software product associated with the Pre-Release Software is done entirely at Your own risk.
7.5 You acknowledge that the Pre-Release Software, any accompanying written, oral or electronic information divulged to You by ABBYY related to the Pre-Release Software, any information about the quality of the Pre-Release Software or the quality of the results acquired through the use of the Pre-Release Software, and any information about bugs, errors, and other problems discovered by You in the Pre-Release Software are confidential (hereinafter, Confidential Materials).
7.6 You agree to be bound by the following terms and conditions:
7.6.1 You shall not disclose Confidential Materials. The term “disclose” means to lease, 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.
7.6.2 You shall take all reasonable steps to prevent the disclosure of Confidential Materials and to keep them confidential.
7.6.3 You shall promptly inform ABBYY if You become aware of any disclosure of Confidential Materials.
7.6.4 If You are in breach of the terms and conditions set forth in articles 7.6.1 – 7.6.3 above, You shall pay a penalty to ABBYY in the amount of ten thousand US dollars (US$ 10,000). You shall also compensate ABBYY for any loss resulting from such breach and not compensated by the penalty.
7.7 The confidentiality terms set forth in article 7.6 of this EULA shall remain in force 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 the publication of a press release about the SOFTWARE on www.ABBYY.com.
7.8 During the term set forth in article 7.3, if requested by ABBYY, You will provide feedback to ABBYY regarding testing and use of the Pre-Release Software, including error or bug reports.
7.9 If You have been provided the Pre-Release Software pursuant to a separate written agreement, such as the Mutual Non-Disclosure Agreement, Your use of the Pre-Release Software is also governed by such agreement. To the extent that any term 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, a separate written agreement shall supersede such other term(s) and condition(s) with respect to the Pre-Release Software, but only to the extent necessary to resolve the conflict.
7.10 Upon receipt of a later unreleased version of the Pre-Release Software or a publicly released commercial version of the SOFTWARE, whether as a stand-alone product or as part of a larger product, You agree to return or destroy all earlier Pre-Release Software received from ABBYY and to abide by the terms of the license agreement for any such later versions of the Pre-Release Software or a publicly released commercial version of the SOFTWARE.
8.1 You acknowledge that the SOFTWARE is protected from unauthorized copying and/or use.
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 Reverse engineer, disassemble or decompile the SOFTWARE
or any part of the SOFTWARE, 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 with the exception that such disclosure is required by law, and such information must be promptly reported to ABBYY. All such information shall be deemed to be confidential and proprietary information of ABBYY.
8.3.2 Modify, adapt or translate the SOFTWARE, including making changes to the SOFTWARE and applications and databases contained in the SOFTWARE other than those provided for by the SOFTWARE and described in the documentation.
8.3.3 Make any changes to the SOFTWARE, including changes for the purpose of enabling the SOFTWARE to run on Your hardware, without the prior written consent of ABBYY, other than changes that can be made by the means included with the SOFTWARE and described in the accompanying documentation. Correct errors in the SOFTWARE without the prior written consent of ABBYY.
8.3.4 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 computer (except as described in article 2.4 ) unless otherwise specified in a separate agreement between You and ABBYY.
8.3.5 Make it possible for any person not entitled to use the SOFTWARE and working in the same multi-user system as You to use the SOFTWARE.
8.3.6 Remove, change or obscure any copyright, trademark or patent notices that appear on the SOFTWARE as delivered to You.
8.4 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 acquired through the use of the SOFTWARE as a part of another service that has recognition or conversion as its core component to any third party.
8.5 You may not use the SOFTWARE in conjunction with any other software that allows interacting with the SOFTWARE without the use of the graphical user interface.
9. Support Services
9.1 ABBYY provides You with support services related to the SOFTWARE (“Support Services”) subject to the conditions of the current ABBYY support policy published on the ABBYY Web site at http://www.abbyy.com/support. ABBYY reserves the right to change the support policy at any time without prior notice.
9.2 Any supplementary software code provided to You as part of Support Services shall be deemed part of the SOFTWARE and subject to the terms and conditions of this EULA.
9.3 To be eligible for Support Services, You are required to provide ABBYY with information about the characteristics of Your hardware, Serial Number of Your SOFTWARE, and the standard personal details, including Your name, company name (if applicable), address, phone number, and e-mail address.
9.4 ABBYY may use the above information in accordance with applicable data 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.
10. Not-for-Resale Software
10.1 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.
11. Software for Trial Purposes
11.1 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 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, this EULA shall be terminated, unless extended by ABBYY upon Your purchase of a full License from ABBYY.
12.1 If the SOFTWARE is labeled as an update, You may use the SOFTWARE only if You are a licensed user of a product identified by ABBYY as being eligible for this update.
12.2 The SOFTWARE labeled as an update replaces and/or supplements the product that formed the basis for Your eligibility for the update.
12.3 You may only use the resulting updated product in accordance with the terms of the EULA supplied with this update.
12.4 You acknowledge that any obligation ABBYY may have to support the version of the SOFTWARE being updated shall end upon the availability of the update.
13.1 Unless otherwise agreed between You and ABBYY, this EULA is effective for the entire period of the SOFTWARE copyright.
13.2 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 in Your possession and all of its component parts and uninstall the SOFTWARE.
13.3 You may terminate this EULA by destroying all copies of the SOFTWARE in Your possession and all of its component parts and by uninstalling the SOFTWARE.
13.4 Such termination does not relieve You of Your obligation to pay for the SOFTWARE.
13.5 Provisions 2.3, 2.5, 2.6, 6, 8, 11, 14.2 – 14.4, 15, 16, 19, 20, 21 and 22.5 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.
14. Limited Warranty
14.1 ABBYY warrants that the media on which the SOFTWARE is furnished will be free from defects in materials and workmanship under normal use for the minimal guarantee term determined by the legislation of the country in which You purchased the SOFTWARE, starting from the date of purchase. If the SOFTWARE was purchased in the countries listed in article 21.4, this period will constitute thirty (30) days starting from the date of purchase.
14.2 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.
14.3 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.
14.4 ABBYY makes no warranties for any third-party software products which may be supplied within the SOFTWARE.
14.5 Limited warranty for Users Residing in Germany or Austria.
14.6 If You obtained Your copy of the SOFTWARE in Germany or Austria, and You usually reside in one of these countries, then, in accordance with German law, ABBYY warrants that the SOFTWARE provides the functionality set forth in its documentation (the “agreed upon functionality”) for the limited warranty period following receipt of the SOFTWARE copy when used on the recommended hardware configuration. As used in thi
s 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 functionality 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, You must return, during the limited warranty period and at our expense, the SOFTWARE and proof of purchase to the location where You obtained it. If the functionality of the SOFTWARE varies substantially from the agreed upon functionality, 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.
15. Limitation of Liability
15.1 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.
15.2 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 one of these countries, then:
15.2.1 Subject to the provisions in article 15.2.2, 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.
15.2.2 The limitation of liability set forth in 15.2.1 shall not apply to any mandatory statutory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries.
15.2.3 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.
16. Embedded Fonts
16.1 Font programs are subject to copyright, and the copyright owner may impose conditions under which a font program can be used. You may be required to own a licensed copy of the font program to embed the font into a PDF file. In no event shall ABBYY be liable for any damages arising out of or in connection with Your use of embedded fonts.
17. Adobe Technology
17.1 The term “Adobe Software” includes Adobe Technology and related documentation, and any upgrades, modified versions, updates, additions, and copies thereof.
17.2 License Grant and Restrictions. ABBYY grants You a non-exclusive right to use 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 on any computer.
17.3 Intellectual Property Rights. The Adobe Software incorporated into the SOFTWARE is owned by Adobe and its suppliers, and its structure, organization and code are the valuable trade secrets of Adobe and it suppliers. The Adobe Software is also protected by United States Copyright law and International Treaty provisions. You may not copy the Adobe Software, except as provided in this EULA. Any copies that You are permitted to make pursuant to this EULA must contain the same copyright and other proprietary notices that appear on or in the Adobe Software. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Adobe Software. Except as stated above, this EULA does not grant You any intellectual property rights in the Adobe Software.
17.4 Font License. If the Adobe Software includes font software, You may embed the font software, or outlines of the font software, into Your electronic documents to the extent that the font vendor copyright owner allows for such embedding. The fonts contained in this package may contain both Adobe and non-Adobe owned fonts. You may fully embed any font owned by Adobe.
17.5 Warranty. ABBYY AND ITS PARTNERS DO NOT AND CANNOT WARRANT THE PERFORMANCE RESULTS YOU MAY OBTAIN BY USING THE Adobe Software.
17.6 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 the United States Export Administration Act or any other export laws, restrictions or regulations (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 embargoed nation and that You are not otherwise prohibited under the Export Laws from receiving the Adobe Software. All rights to use the Adobe Software are granted on condition that such rights are forfeited if You fail to comply with the terms of this EULA
17.7 Trademarks. Adobe and Adobe PDF Library are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.
18. LIZARDTECH SOFTWARE
18.1 “LIZARDTECH SOFTWARE” means the DjVu Decoder Software Development Kit of LIZARDTECH origin, as well as any associated media, printed materials, and “online” or electronic documentation. You have acquired the SOFTWARE that includes the LIZARDTECH SOFTWARE licensed by ABBYY from LIZARDTECH, INC. The SOFTWARE uses the LIZARDTECH SOFTWARE for converting DjVu files into image files.
18.2 The LIZARDTECH SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The LIZARDTECH SOFTWARE is licensed, not sold.
18.3 Grant of License. You are granted a personal, nonsublicensable, nontransferable, nonexclusive license to use the LIZARDTECH SOFTWARE as integrated in the SOFTWARE (as well as any associated documentation). You will not rent, sell, lease or otherwise distribute the LIZARDTECH SOFTWARE or any part of it.
18.4 NO WARRANTIES FOR THE LIZARDTECH SOFTWARE. THE LIZARDTECH SOFTWARE 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 NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LIZARDTECH SOFTWARE OR AGAINST INFRINGEMENT. IF YOU HAVE RECEIVED ANY WARRANTIES REGARDING THE SOFTWARE OR THE LIZARDTECH SOFTWARE, THOSE WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON, LIZARDTECH.
18.5 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. THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18.6 Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile or disassemble the LIZARDTECH SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
18.7 Export Restrictions. You acknowledge that the LIZARDTECH SOFTWARE, or any part thereof, or any process or service that is the direct product of the LIZARDTECH SOFTWARE (the foregoing collectively referred to as the “Restricted Components”) are of U.S. origin. You agree to comply with all applicable international and national laws that apply to these products, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
19. Export Rules
19.1 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 receiving the SOFTWARE.
20. Government Use
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 (с)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013.
21. Governing Law
21.1 If the SOFTWARE was obtained in the United States, Canada, Mexico, Central America, Japan or Taiwan, this EULA shall be governed by and construed in accordance with the laws of the State of California, United States of America. With respect to any dispute which may arise in connection with this EULA and/or this SOFTWARE, You consent to the jurisdiction and venue of the federal and/or state courts in the county of Alameda or Santa Clara in the state of California.
21.2 If the SOFTWARE was obtained in Austria, Belgium, Denmark, Finland, France, Germany, Greece, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden, or any other member state of the European Union that is not mentioned in article 21.3, 21.4 or 21.5 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 Munich, the Federal Republic of Germany and the competent court of Munich, the Federal Republic of Germany shall have jurisdiction over all disputes relating to this EULA.
21.3 If the SOFTWARE was obtained in the United Kingdom of Great Britain and Northern Ireland or in the Republic of Ireland, this EULA shall be governed by and construed in accordance with the Laws of England and Wales and the Parties accept the jurisdiction of the courts of England and Wales.
21.4 If the SOFTWARE was obtained in Russia, Belarus, 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 Russian Federation.
21.5 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 legislation of Ukraine. This provision shall not apply if the SOFTWARE is acquired by a person that has the status of consumer according to the Polish Civil Code, in which case this EULA shall be governed by the laws of the Republic of Poland.
21.6 If article 21.5 applies and You are a legal entity or a private entrepreneur, аny and all disputes, controversies or differences in opinion arising out of or relating to this EULA shall be finally resolved through arbitration in accordance with the arbitration rules and procedures of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry according to its Rules of Procedure. Judgment of this Court shall be final and binding on both Parties. If article 21.5 applies and You are an individual person, the Shevchenkovsky District Court of Kiev, Ukraine, shall have jurisdiction over all disputes relating to this EULA.
21.7 If article 21.4 applies and You are a legal entity or a private entrepreneur, the Arbitration Court of Moscow, Russian Federation, shall have jurisdiction over all disputes relating to this EULA. If article 21.4 applies and You are an individual person, the Perovsky District Court of Moscow, Russian Federation, shall have jurisdiction over all disputes relating to this EULA.
21.8 In the cases described in articles 21.1 – 21.5, 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.
21.9 If the SOFTWARE was purchased in a country other than the countries specified in articles 21.1 – 21.5, this EULA shall be governed by and construed in accordance with the substantial laws of the country in which You purchased the SOFTWARE.
22.1 ABBYY may provide You with printed materials for the SOFTWARE, including the User’s Guide.
22.2 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 personal details 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 within the ABBYY Group and will not be disclosed to any third party, except as may be required by applicable law.
22.3 ABBYY may send You e-mails containing product and company news, information about special offers, advice on product usage, and other product and company-related information, provided You specifically agreed to receive such information from ABBYY. You may to remove Your address from the ABBYY mailing list at any time.
22.4 If any claims or lawsuits are brought against You in connection with Your illegal use of the SOFTWARE, You shall inform ABBYY about them within three (3) days from the moment You learned of them. You shall take all actions necessary to enable ABBYY to take part in the hearings of said claims or lawsuits in court, and to provide the information necessary for settlement of the corresponding claims or lawsuits, within seven (7) days from receipt of inquiry from ABBYY.
22.5 Consideration for the purposes of this EULA means the price of the License established by ABBYY or an ABBYY Partner and payable in accordance with the payment procedures established by them, or is included in the price of the hardware obtained by You, or is the price payable by You for the full version of the SOFTWARE. If You are a natural person, this EULA may be gratuitous.
22.6 If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of the EULA, which shall remain valid and enforceable according to its terms.