Important! Read the following terms carefully before installing, copying and/or using the ABBYY Business Card Reader software program. Installing, copying or otherwise using ABBYY Business Card Reader indicates your acceptance of the terms below.
This end-user license agreement ("EULA") is a legal agreement between You (the user or purchaser of ABBYY Business Card Reader, either a natural person or a legal entity) and ABBYY for the software program identified above and supplied with this EULA, including any associated media, printed materials, and electronic documentation (hereinafter 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 becomes effective when You start using the SOFTWARE in any way or when You accept all of the terms stated herein by selecting the "Yes" button next to the statement "I accept the terms of the license agreement" that appears on the screen of your mobile device when You first launch the SOFTWARE. Unless otherwise stated in this EULA or in any other written agreement between You and ABBYY, this EULA shall continue in force for the entire term of the exclusive right to the SOFTWARE.
The SOFTWARE is protected by the laws of the Russian Federation, international treaty provisions, and the laws of the country of purchase or use. You agree that this EULA is enforceable like any written negotiated agreement signed by You.
If the SOFTWARE is accompanied by a hard copy of separate agreement in the case of any discrepancies in content between the text of this EULA and the text in the hard copy of separate agreement, the text in the hard copy of separate agreement shall prevail.
If You do not agree with the terms of this EULA, do not install and use the SOFTWARE and select the "No" button next to the statement "I accept the terms of the license agreement" that appears on the screen of your mobile device when You first launch the SOFTWARE.
Definitions
"ABBYY" means
ABBYY USA Software House, Inc. registered at 880 North McCarthy Boulevard, Suite 220, Milpitas, California 95035, USA, when paragraph 15.1 of this EULA applies;
ABBYY Europe GmbH registered at 49 Elsenheimerstrasse, 80687, Munich, when paragraph 15.2 of this EULA applies;
ABBYY UK Ltd. Registered at Heathrow Business Centre, 65 High Street, Egham, Surrey TW20 9EY, United Kingdom, when paragraph 15.3 of this EULA applies;
ABBYY LLC registered at ul. Perovskaya dom 22, korpus 1, 111398, Moscow, Russia, when paragraph 15.4 of this EULA applies;
ABBYY Software House Ukraine registered at 31, Degtyarevskaya st., Kiev, Ukraine 03680, when paragraph 15.5 of this EULA applies;
and ABBYY Solutions Ltd. Registered at Michail Karaoli 2, Egkomi CY 2404, Nicosia, Cyprus, in all other cases.
"You" refer to and include any person (including individual entrepreneur) and/or any legal entity that obtained this SOFTWARE and on whose behalf this SOFTWARE is being used.
"Mobile Device" means a handheld computer, a PDA, a smartphone or any other device owned by You on which the SOFTWARE can be installed and used.
"ABBYY Partner" means the legal entity or individual entrepreneur that supplied the SOFTWARE to You based on an agreement with ABBYY.
"License" means the limited non-transferable and non-exclusive right granted to You by ABBYY to use the SOFTWARE under the terms of this EULA.
1. Grant of License
1.1. Subject to your compliance with the terms of this EULA and the limitations stated below, ABBYY grants You a License to use the SOFTWARE, including any images, photos, animations, audio and video components, music, text, and additional applications incorporated into the SOFTWARE, as well as the accompanying printed materials and SOFTWARE copies solely as set forth below. All the terms stated below apply both to the SOFTWARE as a whole and to all of its separate components.
1.2. If paragraph 15.4 of this EULA applies and You are a natural person, You may use the SOFTWARE worldwide.
1.3. If paragraph 15.4 of this EULA applies and You are a legal entity or its branch and representative offices, You may obtain the SOFTWARE only in the country of registration of the legal entity or its branch and representative offices unless otherwise agreed in a separate agreement between You and ABBYY. Your employees may use the SOFTWARE worldwide, provided that the SOFTWARE is obtained and installed in the country of registration of the legal entity or its branch and representative offices.
2. Rights to the SOFTWARE and its сomponents
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 applications incorporated into the SOFTWARE, as well as the accompanying printed materials and all of the SOFTWARE copies.
2.2. All rights to the content that is not contained in the SOFTWARE but can be accessed through use of the SOFTWARE are the property of their content owners and protected by the laws of the Russian Federation, international treaties, and the laws of the country of purchase or use. This EULA does not grant You any rights to such intellectual property.
2.3. The SOFTWARE contains valuable trade secrets and confidential information belonging to ABBYY and third parties and is protected by copyright, including, without limitation, by the laws the Russian Federation, United States Copyright Law, international treaty provisions, and the laws of the country of purchase or use.
2.4. You may not provide the SOFTWARE or any of its components to a third party. Any provision of the SOFTWARE to a third party shall be deemed a breach of this EULA, and You shall forfeit the right to use the SOFTWARE and receive technical support for the SOFTWARE.
2.5. This EULA does not grant You any rights in connection with any trademarks of ABBYY or ABBYY Partners.
2.6. ABBYY reserves all rights not expressly granted to You in this EULA.
2.7. Any use of the SOFTWARE outside of or in contravention of the terms and conditions of this EULA shall be deemed an infringement of the rights of ABBYY and/or third parties and shall be grounds for termination of the rights granted to You under this EULA
3. Terms of Use
3.1. You may install and use the SOFTWARE on only one Mobile Device. You may not use the SOFTWARE on more than one Mobile Device at a time.
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 copy of the SOFTWARE in accordance with Section 3 of this EULA.
5. Redistribution of the SOFTWARE
5.1. Any redistribution of the SOFTWARE is strictly prohibited. Redistribution includes, but is not limited to, granting third parties access to copies or any components of the SOFTWARE reproduced in any form, including renting, leasing, or lending the SOFTWARE.
6. Limitations
6.1. 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 via the ABBYY activation service, no personal information is transmitted to ABBYY and activation is completely anonymous. When You activate your copy of the SOFTWARE via an ABBYY Partner activation service, the terms of the privacy policy are established by the ABBYY Partner.
6.2. All usage terms and limitations governing the use of the SOFTWARE are stated in this EULA, unless otherwise stipulated in a separate written agreement between You and ABBYY.
6.3. You may not perform or make it possible for other persons to perform any of the following activities:
6.3.1. Disassemble, reverse-engineer or decompile (i.e. extract the source code from the object code) the SOFTWARE (including applications, databases (including dictionaries)), and any other SOFTWARE components). If in contravention of this limitation, any such information is so discovered, the same must not be disclosed to third parties, and You must promptly notify ABBYY, and all such information shall be deemed confidential and owned by ABBYY.
6.3.2. Modify, adapt, or translate the SOFTWARE, including making changes to the object code of the applications and databases contained in the SOFTWARE, other than changes that can be made by means of the SOFTWARE as described in the documentation.
6.3.3. Without the prior written consent of ABBYY, make any changes to the SOFTWARE, including changes for the purpose of enabling the SOFTWARE to run on your hardware, unless such changes can be made by means of the SOFTWARE as described in the documentation.
6.3.4. 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 allow all or any portion of the SOFTWARE to be copied onto another medium or mobile device.
6.3.5. Enable any person not entitled to use the SOFTWARE and working in the same local area network as You, or working in the same multi-user system as You, or working over the Internet, to use the SOFTWARE. You may not make the SOFTWARE accessible in any manner allowing any other person to access the SOFTWARE in interactive mode from any location and at any time.
6.3.6. Remove, change or obscure any copyright, trademark or patent notices that appear on the SOFTWARE as delivered to You.
7. Technical Support
7.1. If technical support (hereinafter, "Technical Support") is provided to You by ABBYY, the following terms shall apply:
7.1.1. ABBYY provides You with technical support for the SOFTWARE subject to the conditions of the current ABBYY Technical Support Policy published on the ABBYY Web site (http://www.abbyy.com/support/). ABBYY reserves the right to make changes to its Technical Support Policy at any time without prior notice.
7.1.2. To be eligible for Technical Support, You may be required to provide ABBYY with information about the characteristics of your hardware (Mobile Device), as well as standard personal details including your name, company name (if You are a legal entity), address, phone number, and e-mail address.
7.1.3. ABBYY may use the above information for its business purposes, including, but not limited to, product support and development, provided that ABBYY does not utilize this information in any form that personally identifies You.
7.2. If Technical Support is provided to You by an ABBYY Partner, the terms of the technical support policy are established by the ABBYY Partner.
7.3. Any software provided to You as part of Technical Support shall be deemed part of the SOFTWARE and shall be used subject to the terms and conditions of this EULA.
8. "Not for Resale" SOFTWARE
8.1. 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.
9. SOFTWARE for Trial Purposes
9.1. If the SOFTWARE is labeled "Try&Buy," "Trial" or "Demo," then this section and all the other terms of this EULA 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 or restricted after a designated period of time following the installation, this period being explicitly specified in the SOFTWARE. Upon such timeout date, the license hereunder shall be terminated unless You purchase a full retail version of the SOFTWARE.
10. Upgrades
10.1. If the SOFTWARE is labeled as an upgrade, You must be properly licensed to use a software program identified by ABBYY as being eligible for the upgrade in order to use the SOFTWARE.
10.2. The SOFTWARE labeled as an upgrade replaces and/or supplements the software program that formed the basis for your eligibility for the upgrade.
10.3. You may only use the resulting upgraded SOFTWARE in accordance with the terms of the end-user license agreement supplied with the product.
10.4. You acknowledge that any obligation ABBYY or ABBYY Partner may have to support the version of the SOFTWARE being upgraded shall end after You receive the SOFTWARE labeled as an upgrade.
10.5. In order to use the SOFTWARE labeled as an upgrade, You may be asked by ABBYY or ABBYY Partner to activate the new version of the SOFTWARE in accordance with paragraph 6.1.
10.6. During activation (paragraph 10.5), ABBYY or ABBYY Partner may ask You to provide proof that You own a valid license for one of the previous versions of the SOFTWARE labeled as eligible for the upgrade.
11. Termination
11.1. Unless otherwise agreed in a separate written agreement between You and ABBYY, this EULA is effective for the term of the exclusive right to the SOFTWARE.
11.2. Without prejudice to any other rights, ABBYY may unilaterally cancel its obligations under this EULA if You fail to comply with the terms and conditions of this EULA.
11.3. If this EULA is terminated for any reason, You must destroy all copies of the SOFTWARE in your possession and uninstall the SOFTWARE from your Mobile Device if such an option is available on your Mobile Device.
11.4. You may terminate this EULA by destroying all of the SOFTWARE copies in your possession and the accompanying documentation. Such termination does not relieve You of your obligation to pay for the SOFTWARE.
11.5. Provisions 2.3, 2.5, 2.6, 2.7, 5, 6, 9, 12.2 – 12.4, and 13 – 18 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.
12. Warranties and Indemnifications
12.1. ABBYY warrants that the media on which the SOFTWARE is furnished (if the SOFTWARE is provided on tangible media) will be free from defects in materials and workmanship under normal use for a period set by the legislation of the country in which You purchased the SOFTWARE starting from the date of purchase. If the SOFTWARE was purchased in any of the countries listed in paragraph 15.4, this period will constitute thirty (30) days starting from the date of purchase.
12.2. The SOFTWARE and any upgrades are being delivered to You "as is" and ABBYY makes no warranty of any kind. ABBYY does not and cannot warrant the performance or results You may obtain by using the SOFTWARE. Except for any warranty, condition, representation, or term to the extent to which the same cannot or may not be excluded or limited by law applicable to You in your jurisdiction, ABBYY makes no warranties, conditions, representations, or terms (express or implied whether by statute, common law, custom, usage or otherwise) as to any matter, including without limitation non-infringement of third party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose, or that the SOFTWARE will carry no errors, meet your requirements, or that the SOFTWARE will function properly when used in conjunction with any other software or hardware, and the entire risk as to the quality and performance of the SOFTWARE lies with You.
12.3. ABBYY makes no warranties for any third party software programs which may be supplied with or within the SOFTWARE.
12.4. 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 paragraph, "limited warranty period" means one (1) year if You are a business user or legal entity, and two (2) years if You are not a business user. Non-substantial variation from the agreed upon functionalities shall not be considered and does not establish any warranty rights. This limited warranty does not apply to the SOFTWARE provided to You free of charge, for example, updates, pre-release versions, "Trial" versions, product samples, "Not for Resale" ("NFR") copies of the SOFTWARE, or the SOFTWARE that has been altered by You, to the extent such alterations caused a defect. To make a warranty claim, during the limited warranty period, You must return, at ABBYY’s expense, the SOFTWARE and proof of purchase to the location where You obtained it. If the functionalities of the SOFTWARE vary substantially from the agreed upon functionalities, ABBYY is entitled (by way of re-performance and at its own discretion) to repair or replace the SOFTWARE. If this fails, You are entitled to a reduction of the purchase price (reduction) or to cancel the purchase agreement (rescission). For further warranty information, please contact ABBYY’s Customer Support Department in Germany: ABBYY Europe GmbH, Anglerstrasse 6, 80339, Munich, tel.: +49 (0)89 51 11 590, fax: +49 (0)89 51 11 5959.
13. Limitation of Liability
13.1. 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.
13.2. Limited 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:
13.2.1. Subject to the provisions in paragraph 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.
13.2.2. The limitation of liability set forth in 14.2.1 shall not apply to any mandatory statutory liability, in particular, to liability for culpably caused personal injuries.
13.2.3. 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.
14. Export Rules
14.1. 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.
15. Governing Law and Venue
15.1. 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 EULA shall be governed by and construed in accordance with the substantial laws in force in the State of California, United States of America. You acknowledge that if You purchased the SOFTWARE in the United States of America, the SOFTWARE was 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 in the courts of the County of Santa Clara in and of the State of California in the United States of America.
15.2. If the SOFTWARE was purchased in Austria, Belgium, Denmark, Finland, France, Germany, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden or any other member state of the European Union that is not mentioned in paragraph 16 with the exception of Greece and the Republic of Cyprus, or in Channel Islands, Iceland, Liechtenstein, Norway or Switzerland, this EULA shall be governed by and construed in accordance with the substantial laws in force in the courts of Munich, the Federal Republic of Germany.
15.3. If the SOFTWARE was purchased 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.
15.4. If the SOFTWARE was purchased in Russia, Byelorussia, Kazakhstan or any other member state of the Commonwealth of Independent States, with the exception of Ukraine and Moldova, or if the SOFTWARE was purchased in Estonia, Georgia, Latvia or Lithuania, this EULA shall be governed by and construed in accordance with the substantial laws in force in the courts of Moscow, the Russian Federation.
15.5. If the SOFTWARE was purchased 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 substantial laws in force in the courts of Moscow, the Russian Federation.
15.6. If the SOFTWARE was purchased in a country specified in paragraph 16 and You are a legal entity or an individual entrepreneur, the Arbitration Court of Moscow, Russian Federation, shall have jurisdiction over all disputes relating to this EULA. If the SOFTWARE was purchased in a country specified in paragraph 16 and You are a natural person, the Perovsky District Court of Moscow, Russian Federation, shall have jurisdiction over all disputes relating to this EULA.
15.7. If the SOFTWARE was purchased in a country specified in paragraph 16 and You are a legal entity or an individual 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 the SOFTWARE was purchased in a country specified in paragraph 16 and You are a natural person, the Shevchenkovsky District Court of Kiev, Ukraine, shall have jurisdiction over all disputes relating to this EULA
15.8. In the cases described in paragraphs 16.1-16.2, 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.
15.9. If the SOFTWARE was purchased in a country other than the countries specified in paragraphs 16.1-16.2, this EULA shall be governed by and construed in accordance with the substantial laws of the country in which You purchased the SOFTWARE.
16. Miscellaneous
16.1. 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 remove your address from the ABBYY mailing list at any time.
16.2. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of this EULA, which shall remain valid and enforceable according to its terms.
17. Government Use
17.1. If use is made of the SOFTWARE by the United States Government or any US Government agency, the following additional terms shall apply: (1) Restricted Computer Software, as defined in the Rights in Data-General clause at Federal Acquisition Regulations 52.227-14; and (2) any use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (с)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013.
18. Third-Party Technologies
18.1. This SOFTWARE is used under license to US patents Nos. 5,258,855, 5,369,508, 5,625,465, 5,768,416, and 6,094,505.