ABBYY CLOUD OCR SDK DEVELOPER AGREEMENT
LICENSE GRANTS AND SERVICE SCOPE
PRICING AND PAYMENTS
TERM AND TERMINATION
COPYRIGHTS and TRADEMARKS
LIMITED WARRANTY AND DISCLAIMERS
ABBYY will provide You with the Service subject to the terms of this Developer Agreement. By using the Service, You agree to be bound by this Agreement and use the Service in compliance with this Agreement.
BEFORE ACCEPTING THIS AGREEMENT, CAREFULLY READ THE TERMS OF THIS AGREEMENT. BY CLICKING A BOX INDICATING YOUR ACCEPTANCE AT THE END OF THIS DOCUMENT OR BY EXECUTING A SIGNUP FORM THAT REFERENCES THIS AGREEMENT, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT CLICK THE ACCEPT BUTTON AND DO NOT USE THE SERVICE.
1.1 "ABBYY" means ABBYY USA Software House, Inc. registered at 880 North McCarthy Boulevard, Suite 220, Milpitas, California 95035, USA.
1.2 “You” or “Your” refer to and include any person and/or any entity that is accepting this Agreement.
1.3 "Authorized Users" means individuals who are authorized by You to use the Service, and who have been supplied user identifications and passwords by You (or by ABBYY at Your request). Authorized Users may include Your employees, consultants, contractors, agents, and third parties with whom You transact business.
1.4 “Your application/service” means application or service You developed using the Service.
1.5 "Your Functionality" means the set of capabilities which You make available through Your application/service for End Users utilizing the Service.
1.6 “End User” means any individual or the company or other legal entity which is using a application/service that was made by You utilizing the Service.
1.7 "Service" means "ABBYY Cloud OCR SDK" Web-service accessible via http://cloud.ocrsdk.com and all of ABBYY's proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs, and other tangible or intangible technical material or information) made available to You by “ABBYY Cloud OCR SDK”, as well as ancillary online or offline products and services, audio, visual and text information.
1.8 “Code Samples” means the source code of sample applications that use the Service. You may study Code Samples and include Code Samples in the code of Your application/service.
1.9 “Service Management System” means Your private section of http://cloud.ocrsdk.com web-site allowing You to manage Your account settings and to see Your account statistics.
1.10 “Service Marketing Materials” means picture samples, demo samples, user’s guides, notification texts and other marketing materials made available to You through Your personal Service Management System or through e-mail in connection with using the Service.
1.11 “Service Storage” means software and hardware used by ABBYY for Your Data storage.
1.12 "Your Data" means any data, information, or material (including but not limited to any images, scanned documents or photos) provided or submitted by You or Your Authorized Users to the Service in the course of using the Service, or automatically collected about Your Functionality or Authorized Users.
1.13 “Uploaded Data” means any data, information, or material uploaded by You or Your Authorized Users to the Service Storage in the course of using the Service. Uploaded Data is a subset of Your Data.
1.14 "Signup Form" means the online form You have used to sign up for an account with ABBYY in order to use Service.
1.15 “CAPTCHA” means a type of challenge-response test used in computing as an attempt to ensure that the response is generated by a person. A common type of CAPTCHA requires the user to type letters or digits from a distorted image that appears on the screen.
2. LICENSE GRANTS AND SERVICE SCOPE
2.1 License Grant. Subject to the terms and conditions of this Agreement, ABBYY grants to You a limited, non exclusive, non transferable, worldwide license, without the right to sublicense, to use the Service. This license and all rights granted hereunder is revocable at any time.
2.2 Feature Modification. ABBYY may add additional features to the Service, remove features, or modify the design of existing features at its sole discretion. ABBYY is under no obligation to make any new Service features or feature modifications available as part of the Service.
2.3 No Support Obligation. ABBYY is under no obligation to provide technical support to You. You are solely responsible for all costs associated with technical integration with the Service. Under no circumstances will ABBYY be liable for any failure to achieve satisfactory or timely technical integration, even if the failure is caused by a software issue, documentation issue or inadequate support by ABBYY.
2.4 Limits. ABBYY may impose limits on Your usage of the Service including but not limited to maximum message sizes, peak message rates, and connection timeouts, and ABBYY will be the sole judge of the reasonableness of such limits. If You exceed any limits, ABBYY may, at its sole discretion, remedy the situation by blocking or removing over-limit usage.
2.5 Amendment. ABBYY may amend any part of this Agreement at any time, including details contained on the Signup Form, after providing You with notice prior to the amendment by any reasonable means, including by posting such notice on www.ocrsdk.com website or by e-mail transmission to Your last known e-mail address. Your continued usage of the Service constitutes your acceptance of any amendments. If You do not agree with a proposed amendment, Your sole remedy will be to terminate the Agreement as permitted in Section 5 on termination.
3. GENERAL OBLIGATIONS
3.1 General Restrictions. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, You will not, and will not permit or authorize third parties to:
(a) provide on-line services, whether commercial or non-commercial, through the use of the Service and providing the similar functionality as the Service or as ABBYY FineReader Online has to any third party via global network (Internet) without prior written consent of ABBYY;
(b) circumvent or disable any technical features or measures in Service;
(c) try to make denial-of-service attack (DoS) or distributed denial-of-service (DDoS) attack;
(d) use the Service for CAPTCHA breaking;
(e) use the Service in any way not listed in the Service help-file.
3.2 Code Samples Restrictions.
(a) Code Samples are the property of ABBYY and at all times remain with ABBYY.
(b) You may include the Code Samples into Your application/service and modify them.
(c) You may provide the Code Samples to End Users in binary code as part of Your application/service or provide in-house access to the Code Samples, provided that Your application/service uses the Code Samples solely for processing the results obtained with the Service.
(d) Ownership of modifications to the Code Samples shall remain with the party making such modifications.
(e) If You disclose modifications made to the Code Samples by sending them to the ABBYY technical support service or by any other means, ABBYY shall be deemed to have been granted an irrevocable, non-exclusive, perpetual, transferable royalty-free license to make, use, sell, offer to sell, import, license, sub-license, and assign its license to Your modifications to the Code Samples, without remuneration due to You.
(f) If You do not wish to transfer to ABBYY the license to the modifications to the Code Samples, You shall not disclose to ABBYY the source code of such modifications.
(g) You shall hold ABBYY harmless, indemnify, and defend ABBYY from all claims, liabilities, causes of action, expenses, and/or suits arising from and/or related to Your modifications to the Code Samples.
3.3 Service Marketing Materials Restrictions. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, You will not, and will not permit or authorize third parties to:
(a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works based on Service Marketing Materials, except with prior written approval from ABBYY;
(b) use Service Marketing Materials for any purpose except the purpose related to the Service usage.
3.4 RESTRICTED RIGHTS LEGEND. Any technical data, software, and documentation provided with the Service and used for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is ABBYY.
3.5 Export Restrictions. You will not directly or indirectly import, export, or re export the Service or Your Functionality outside Your country without obtaining all permits and licenses as may be required by, and conforming with, all applicable laws and regulations of the governments of your country and the foreign territory.
3.6 Authorized Users. ABBYY will establish, during the sign-up process, one set of Authorized User account information, consisting of a user name and password, with full privileges to the Service. Any actions taken by an Authorized User, or with a set of End Users issued to Authorized User, are deemed to be actions taken by You, included but not limited to: adding or removing subscriptions to Service, making payments, and requesting Service functionality. You are solely responsible for all activity by Authorized User accounts or by the End Users, and will abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with Your use of the Service. In no event will ABBYY be responsible or liable for any damages, fines, taxes, or other consequences of misuse or abuse of Authorized User accounts or End Users. You are solely responsible for the security of Authorized User account information and End Users information, including the storage of user names, passwords, and other secret information if applicable, and the choice of strong passwords. ABBYY may from time to time impose, but is not obligated to impose, password and other secret information management policies that You agree to comply with, included but not limited to minimum password strength and maximum password lifetime.
3.7 Unauthorized Use. You will: (a) immediately notify ABBYY of any unauthorized use of any password or other secret account information or any other known or suspected breach of security; (b) report to ABBYY immediately and use best efforts to immediately stop any unauthorized copying or distribution of any part of the Service; and (c) not impersonate another user or provide false identity information to gain access to or use the Service.
3.8 Data. You are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, intellectual property ownership, and right to use for all of Your Data and any data sent by You in requests to Service. You will abide by and will be solely responsible for any breach of applicable local, state, national, and foreign law, treaty, or regulation in connection with Your Data, including those related to data privacy, international communications, and the transmission or technical or personal data.
3.9 To perform the obligations under this Agreement in an efficient manner, ABBYY may need to process and store Your Data.
You hereby authorize to make available a reasonable subset of Your Data to ABBYY, including but not limited to Your name, surname, e-mail address, and information on when, how and how much of the Service functionality You use. You hereby authorize ABBYY to process this subset of Your Data (including but not limited to collect, systematize, store for unlimited time, update, modify, use, distribute, transfer, depersonalize, lock, delete) in electronic or paper way for the purpose of providing you with the Service, sending You e-mail messages with information related to ABBYY’s activities. ABBYY guarantees that the data You provide will be stored strictly within ABBYY and will not be disclosed to any third parties except as expressly required by law or is necessary for the performance of this Agreement.
3.10 You hereby authorize ABBYY to send You e-mail messages about ABBYY’s product and company news, special offers, products usage advices and other information related to ABBYY’s activities. You may remove Your e-mail from the mailing list at any time by changing the appropriate setting in Your personal Service Management System (http://cloud.ocrsdk.com).
3.11 You hereby authorize ABBYY to send You e-mail messages with critical information related to the Service operation (password-related e-mails, service notifications, etc.). You hereby agree to receive these messages while your account is active without a right to unsubscribe.
3.12 You agree that You are solely responsible for any breach of laws, treaties, or regulations in connection with any Uploaded Data, and shall indemnify and hold ABBYY harmless from any and all claims, expenses, or liabilities associated with and/or arising from such Uploaded Data, including ABBYY’s usage of such Uploaded Data, if any.
You understand that You should not include personal and/or confidential information within Uploaded Data. Further , You agree to remove Uploaded Data
a) within one day after it was uploaded to the Service or
b) within one day after the Uploaded Data has been processed by the Service if processing time requires more time than a day,
if Uploaded Data contains personal or confidential data. The method of removal is described in the Service API Documentation. If Uploaded Data has not been removed within the period mentioned above, You agree such Uploaded Data is personal and confidential data-free and consent to ABBYY’s use of it for the purpose of improving the quality of the Service.
3.13 Location of Servers for the Site and Services. Your Data may be stored and processed in any country in which ABBYY, its affiliates or associated companies maintain facilities. In this regard, or for purposes of sharing or disclosing, ABBYY reserves the right to transfer Your Data outside of your country. By using the Services, You consent to any such transfer of data outside of your country, for the purpose of enabling You to use the Service. ABBYY, alone, has the right and sole discretion, to determine the location of the servers of the Service.
4. PRICING AND PAYMENTS
4.1 The Service is partly a paid-for service. The information about the prices and payment procedure is an integral part of this Agreement and is available at http://ocrsdk.com/plans-and-pricing/.
4.2 Zero Balance. ABBYY will take reasonable care to prevent Your Net Balance from becoming negative, such as suspending Your usage of Service when Your balance is at or near zero. You hereby agree to such suspension of Service usage.
4.3 ABBYY may change the prices and payment procedure at any time.
5. TERM AND TERMINATION
5.1 Term. This Agreement will commence upon the date You execute the Signup Form and continue until terminated in accordance with this Section 5.
5.2 Termination for Convenience. ABBYY may terminate this Agreement at any time without any notice. You may terminate this Agreement at any time without any notice.
5.3 ABBYY may terminate this Agreement if You have not made any activities though Your account for one year. In this case Your account will be deactivated and payments for purchased services cannot be refunded.
5.4 No Liability for Termination. Except as expressly required by law, if either party terminates this Agreement in accordance with any of the provisions of this Agreement or stops the Service, it will not bear any liability to the other because of such termination.
5.5 Termination of the Service. ABBYY may deactivate Your account and remove all Your Data and Uploaded Data or may stop the Service without any notice in any case including but not limited to the breach of this Agreement by You. In case of deactivation or stopping by ABBYY’s fault payments for non-used volume of the Service will be refunded. In the case of the breach of this Agreement by You payments for purchased services cannot be refunded.
5.6 You may contact ABBYY by e-mail at email@example.com to de-activate Your login (account) and cease Your use of the Service at any time. If Your login is de-activated by You, payments for purchased services cannot be refunded.
5.7 The following provisions will survive any expiration or termination of this Agreement: Sections 5.4, 6.1, 6.2, 6.5, 7 and 9 as well as any indemnification obligations.
6. COPYRIGHTS and TRADEMARKS
6.1 All product names are the trademarks or registered trademarks of their respective owners.
6.2 Rights in the Service. ABBYY, its affiliates or associated companies own all right, title, and interest, including all related intellectual property rights, in and to the Service, Service Marketing Materials, Code Samples, and any Feedback provided by You or any other party relating to the Service, Service Marketing Materials or Code Samples. All ABBYY trademarks are the intellectual property of ABBYY, its affiliates or associated companies and are provided only for reference. ABBYY does not grant to You a license to use these trademarks.
6.3 ABBYY grants to You the right to state the Service as a source of OCR functionality of your application/service in accordance with ABBYY’s Naming Guidelines.
6.4 Use of Company Names. ABBYY may identify You in its advertising and marketing materials as a customer of the Service, and may use Your trademarks, trade names, service marks, and logos in such materials subject to Your reasonable guidelines. Furthermore, ABBYY may disclose some or all of the Service features that You are using.
6.5 The Service may contain components of other software which are the property of their respective owners. You shall comply with the terms and conditions governing the use of such software components as listed in the Appendix of this Agreement. You shall display the trademarks that belong to ABBYY and information about the third-party rights to the intellectual property as specified in section 4 of Appendix.
6.6 Your application/service End-User License Agreement (EULA) should comply with the following statements:
(a) You shall explicitly state in all of Your application/service EULAs the terms set forth in section 2 of Appendix.
(b) You shall state in Your application/service EULA that Your application/service contains parts of the Service and state the exact name of the Service – “ABBYY Cloud OCR SDK”.
(c) You shall enclose a copy of Your application/service EULA with each copy of Your application/service.
(d) ABBYY may unilaterally change the terms set forth in sections 1-4 of Appendix and related to the use of third-party computer programs contained in the Service. The changed terms will be provided in Appendix.
7. LIMITED WARRANTY AND DISCLAIMERS
7.1 Limited Warranties. Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
7.2 Internet Delays. ABBYY shall not provide You with an Internet connection or with any hardware and software required to connect to the Internet, and ABBYY is not liable for the quality of Your Internet connection or the quality of the hardware and software that You use to access the Internet. ABBYY is not liable for any malfunction or other problems in telephone networks or services, computer systems, servers, providers, computer hardware, software, or telecoms equipment, or for any malfunction in the operation of e-mail and scripts, howsoever caused, or other damage resulting from such problems. ABBYY shall not be liable for any delay, malfunction, missed or late delivery, removal or loss of any of Your Data.
7.3 You acknowledge that You will be transmitting information over an insecure public computer network and that ABBYY shall not be liable for any loss of information transmitted in this manner.
7.4 Warranty disclaimer. Except for the express representations and warranties stated in this section, ABBYY make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy, or completeness of the Service or any data. ABBYY does not represent or warrant that:
(a) the use of the Service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data,
(b) the Service will meet your requirements or expectations,
(c) any stored data will be accurate or reliable,
(d) the results obtained by using the Service are accurate, complete or useful;
(e) the operation of the Service or the provision of the Service will be continuous and/or uninterrupted or free from error;
(f) the quality of any products, services, information, or other material purchased or obtained by You through the Service will meet your requirements or expectations,
(g) errors or defects will be corrected, or
(h) the Service or the server(s) that make the Service available are free of viruses or other harmful components.
The Service and all data are provided to you strictly on an "AS IS" basis.
All conditions, representations and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by ABBYY and ABBYY’s licensors.
7.5 Under no circumstances shall ABBYY be liable for any damages suffered by You as a result of use or inability to use the Service, or caused by errors, interruption of service, removal of files, change in functionality, defects and the like, howsoever caused.
8. APPLICABLE LAW
8.1 This Agreement 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 Agreement and/or the Service, You consent to the jurisdiction and venue of the federal and/or state courts in the county of Santa Clara in the state of California.
8.2 This Agreement 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.
9.1 ABBYY may transfer its rights and obligations hereunder (or any part thereof) to a third party at any time without notice or Your consent.
9.2 Force Majeure. ABBYY will not be liable for, or be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any cause or condition beyond ABBYY’s reasonable control.
9.3 Foreign Corrupt Practices Act. In conformity with the United States Foreign Corrupt Practices Act, You and Your employees and agents will not directly or indirectly make and offer payment, promise to pay, or authorize payment, or offer a gift, promise to give, or authorize the giving of anything of value for the purpose of influencing an act or decision of an official of any government, including the United States Government (including a decision not to act), or inducing such a person to use his influence to affect any such governmental act or decision in order to assist ABBYY in obtaining, retaining, or directing any such business.
9.4 Export Control. The Service may use software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies. The Service shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, You represent and warrant that You are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. The Service may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774.
9.5 If any claims or lawsuits are brought against You in connection with your use of the Service, You shall inform ABBYY about them within 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 said claims or lawsuits in court, and to provide the information necessary for settlement of the corresponding claims or lawsuits, not later than in 7 days from the moment of reception of inquiry from ABBYY.
9.6 The following procedure shall be observed to resolve any dispute arising between You and ABBYY out of the use of the Service. If You have reasons to believe that Your rights and interests have been violated in connection with the use of the Service, You may send a complaint to ABBYY at firstname.lastname@example.org. ABBYY shall respond to the complaint within twenty (20) working days of receipt of the complaint. The response shall be sent to Your e-mail address as indicated in the complaint. If the parties fail to resolve the dispute in this manner, the dispute shall be resolved in accordance with the terms of this Agreement. ABBYY shall not respond to anonymous complaints or complaints from users who cannot be identified with the data they provided to register.
9.7 Defense of Claims. You will defend ABBYY from any actual or threatened third party claim arising out of or based upon:
(a) usage of Your Data;
(b) Your negligence or willful misconduct; or
(c) Your breach of this Agreement.
9.8 Intellectual Property Indemnification. You will indemnify ABBYY against
(a) all damages, costs, and attorney fees finally awarded against ABBYY in any proceeding under Section 9.7;
(b) all out-of-pocket costs (including reasonable attorney fees) reasonably incurred by ABBYY in connection with the defense of such proceeding (other than attorney fees and costs incurred without Your consent after You have accepted defense of such claim); and
(c) if any proceeding arising under Section 9.7 is settled, You will pay any amounts to any third party agreed to by You in settlement of any such claims.
9.9 Waiver. The failure of either party to enforce compliance with any provision of this Agreement shall not constitute a waiver of such provision unless accompanied by a clear written statement that such provision is waived. A waiver of any default hereunder or any of the terms and conditions of this Agreement shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition, but shall apply solely to the instance to which such waiver is directed. Except as expressly provided herein to the contrary, the exercise of any right or remedy provided in this Agreement shall be without prejudice to the right to exercise any other right or remedy provided by law or equity.
9.10 Severability. If any part of this Agreement is found to be illegal, unenforceable, or invalid, the remaining portions of this Agreement will remain in full force and effect. If any material limitation or restriction on the grant of any rights to You under this Agreement is found to be illegal, unenforceable, or invalid, the right granted will immediately terminate.
9.11 ABBYY’s liability shall in any event be limited to the total amount paid by You to ABBYY under this Agreement during the 12 months preceding the date the claim arises, and shall be imposed upon ABBYY only if ABBYY’s fault is established.
9.12 Interpretation. The headings appearing at the beginning of several sections contained in this Agreement have been inserted for identification and reference purposes only and must not be used to construe or interpret this Agreement.
9.13 Entire Agreement. This Agreement is the final and complete expression of the agreement between these parties regarding the licensing of the Service. This Agreement supersedes all previous oral and written communications regarding these matters, including any marketing materials or documentation provided by ABBYY prior to the execution of this Agreement, unless specifically referred to and incorporated in this Agreement. No employee, agent, or other representative of ABBYY has any authority to bind ABBYY with respect to any statement, representation, warranty, or other expression unless the same is specifically set forth in this Agreement. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms of this Agreement.
9.14 Contact Us. Should You have any questions concerning this Agreement, or if You desire to contact ABBYY for any reason, please contact email@example.com.
1. Whereas the Service incorporates Adobe Software, You hereby agree to be bound by the following Adobe Software terms:
(a) Adobe® PDF Library. “Adobe Software” means Adobe PDF Library® for Windows NT, 2000, XP, 98, Me and related documentation, and any upgrades, modified versions, updates, additions, and copies thereof. The Service uses the Adobe Software for converting PDF files into image files.
(b) Grant of License and Restrictions. You are granted a non-exclusive right to use the Adobe Software incorporated into the Service under the terms of this Agreement. You may make one backup copy of the Adobe Software incorporated into the Service, provided that the backup copy is not installed or used on any computer.
(c) Intellectual Property Rights. The Adobe Software incorporated into the Service is owned by Adobe and its suppliers, and its structure, organization and code are the valuable trade secrets of Adobe and its suppliers. The Adobe Software is also protected by United States Copyright Law and International Treaty provisions. You may not copy the Adobe Software incorporated into the Service, except as provided in this Agreement. Any copies that the Developer is permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Service. The Developer agrees not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Adobe Software incorporated into the Service.
(d) Warranty. ABBYY AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE RESULTS THE DEVELOPER MAY OBTAIN BY USING THE ADOBE SOFTWARE INCORPORATED INTO THE SERVICE.
(e) Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to You. To the extent permissible, any implied warranties are limited to thirty (30) days.
(f) Export Rules. You agree that the Adobe Software incorporated into the Service 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 referred to as the "Export Laws"). In addition, if the Adobe Software incorporated into the Service is identified as export controlled items under the Export Laws, You represent and warrant that You is 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 incorporated into the Service. All rights to use the Adobe Software incorporated into the Service are granted on condition that such rights are forfeited if You fail to comply with the terms of this Agreement.
(g) Trademarks. Adobe® and Adobe® PDF Library are registered trademarks of Adobe Systems Incorporated in the United States and/or other countries.
2. Whereas the Service incorporates LizardTech Software, You hereby agree to be bound by the following LizardTech Software terms and agree to reproduce these terms verbatim in the Your application/service EULA:
(a) You have acquired a product ("PRODUCT") that includes software licensed by ABBYY from LIZARDTECH, INC. Those installed software products of LIZARDTECH origin, as well as any associated media, printed materials, and "online" or electronic documentation ("SOFTWARE") are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
(b) If you do not agree to this End User License Agreement ("EULA"), do not use the PRODUCT. Promptly contact ABBYY for instructions on return of the unused PRODUCT(S) for a refund. Any use of the SOFTWARE, including but not limited to use of the PRODUCT, will constitute your agreement to this EULA (or ratification of any previous consent).
(c) Grant of License. You are granted a personal, nonsublicensable, nontransferable, nonexclusive license to use the SOFTWARE as integrated in the PRODUCT (as well as any associated documentation). You will not rent, sell, lease or otherwise distribute the SOFTWARE or any part of it.
(d) NO WARRANTIES FOR THE SOFTWARE. The 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 SOFTWARE OR AGAINST INFRINGEMENT. IF YOU HAVE RECEIVED ANY WARRANTIES REGARDING THE PRODUCT OR THE SOFTWARE, THOSE WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON, LIZARDTECH.
(e) 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 SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
(f) Limitations on Reverse Engineering. Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(g) Export Restrictions. You acknowledge that the SOFTWARE, or any part thereof, or any process or service that is the direct product of the 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.
3. You agree to be bound by the following terms governing the use of third-party data files and software:
(b) Independent JPEG Group License (http://dev.w3.org/cvsweb/Amaya/libjpeg/Attic/README?rev=1.2).
(c) The FreeType Project GNU GENERAL PUBLIC LICENSE (http://www.freetype.org/GPL.TXT).
(d) JasPer License Version 2.0 (http://www.ece.uvic.ca/~frodo/jasper/LICENSE).
4. PROPRIETARY NOTICES
4.1 Third-party rights:
(a) The help file and the “About this software” file of Your application/service must include the following notices:
The use of Type 1 fonts for export to PDF:
© 2001 ParaType Inc.
© 2003 ParaType Inc.
Opening DjVu images:
© Portions of this computer program are copyright 1996-2007 LizardTech, Inc. DjVu is protected by US patent No. 6,058,214. Foreign patents pending.
U.S. Patent Nos. 5,490,216, 5,625,465, 5,768,416 and 6,094,505.
(b) Your application/service packaging (if exists) must include the following notices:
The use of Type 1 fonts for export to PDF:
© 2001 ParaType Inc.
© 2003 ParaType Inc.
(c) Your application/service distribution files (if exist) must include the following notices:
The Bin folder must contain this file:
JPEG2000 (JasPer) licensing: JPEG2000 (JasPer) license.txt
The above file can be found at the following URL: http://cloud.ocrsdk.com/License.Jasper.txt.
4.2. ABBYY rights:
The documentation accompanying Your service/application must include the following notice:
This software includes ABBYY® FineReader® Engine 10© 2010 recognition technologies
ABBYY, FINEREADER, and ABBYY FineReader are registered trademarks of ABBYY Software Ltd.