Privacy Notice www.abbyybcr.com/en/privacy
Cookies Policy www.abbyybcr.com/en/cookies
End-User License Agreement
This End-User License Agreement (hereinafter referred to as the “Agreement”) is a legally binding agreement between You, a person who is at least thirteen years of age and is using the Service by way of the Portal and/or the Application (hereinafter referred to as the “User” or "You") and ABBYY, governing the use of the Service, the Application, the Portal and the resources and materials available thereon.
ABBYY reserves the right to unilaterally amend, in whole or in part, the Agreement without prior notice. Any amendments to this Agreement shall take effect immediately, unless stated otherwise in the amended Agreement. By continuing to use the Service (including the Application and the Portal), You consent to such changes.
This Agreement comes into force when You begin using the Service (the Portal and/or the Application, including the installation thereof). By using the Service and/or installing and using the Application You indicate that you have read this Agreement, understand its terms, and agree to be bound by this Agreement and its terms.
If You are younger than thirteen years of age or disagree with the terms hereof, do not use the Service, do not install and use the Applications, do not use the Portal and all materials and resources available on the Portal. If the Application is already installed on your device, uninstall it immediately.
This Agreement may be available in different languages. There may be inconsistencies or differences in interpretation between the English version of the Agreement and the text of the Agreement made available in other languages. For the sake of uniformity and to avoid any ambiguity, the English version of this Agreement shall govern in all disputes, claims or proceedings to interpret, enforce or otherwise relating to the Agreement.
The English version of this Agreement is available at http://www.abbyybcr.com/en/eula.
ABBYY Production LLC, registered at ul. Otradnaya, dom 2B, korpus 6, office 14, 127273, Moscow, Russia, if the Service is used through the Portal or the Application is downloaded from a mobile application store and ABBYY Production LLC is specified as the licensor;
ABBYY USA Software House Inc., registered at 880 North McCarthy Boulevard, Suite 220, Milpitas, California, 95035, USA, if the Application was downloaded from Google Play and/or App Store and/or similar stores and ABBYY USA Software House Inc. is specified as the licensor;
ABBYY Solutions Ltd., registered at Michail Karaoli 2, Egkomi CY 2404, Nicosia, Cyprus if the Application is downloaded using Amazon Underground App for Android and/or similar stores and ABBYY Solutions Ltd. Is specified as the licensor.
“Portal” means the website http://www.abbyybcr.com/, including all materials and resources available on this website. The website makes it possible to view and edit Your business card database when the Application synchronization feature is enabled.
“Service” means the software-hardware complex that facilitates the operation of the ABBYY Business Card Reader (ABBYY BCR) software, including the following features: scanning and recognizing business cards, saving business card data to the digital cardholder in the Applications, access to the business card database from the Portal and Applications, synchronization of data uploaded using the Portal and/or the Application and other services provided by ABBYY. The Service can be accessed using the Portal and/or the Application, which are both a part of the Service.
“Application” means the mobile application for devices running the Android operating system (available at play.google.com/store/apps/details?id=com.abbyy.mobile.bcr.liteand play.google.com/store/apps/details?id=com.abbyy.mobile.bcr) or the iOS operating system (available at itunes.apple.com/app/id898215947and itunes.apple.com/app/id347345474), including all built-in components and components provided via the Internet or other means, such as executable files, help files, demonstration files, example files and other types of files; libraries, databases, samples and accompanying materials (such as images, photographs, animated images, audio and video components and music), printed materials and other components of the Application. The Application enables users to recognize data on business cards, save it to the cardholder in the Application, and access a business card database by enabling synchronization.
“Registration” means the procedure whereby the User fills out the Registration Form and activates a Login and a Password (may include the confirmation of an e-mail address). To use the Service, you must register and provide certain information about yourself. Registration is free. You can sign in to the Service from the Portal or install and start the Application.
“Registration Form” means a set of fields (User Name and Password) that the User must fill in to become a registered user of the Service.
“User Name and Password (user account)” means two unique strings that You provide during Registration on the Portal or in the Application, the Login being Your e-mail address. The combination of these two unique sets of characters identifies You on the Portal or in the Application. Some of the features of the Portal and the Application are not accessible to unregistered users.
“Additional Service Features” means non-free additional services that can be accessed using the Application and are available to user accounts that receive the premium category. Additional Service Features include unlimited scanning, the removal of the 640x100 advertisement banner near the list of business cards, export of the entire business card database to Microsoft Excel in the CSV format and other features.
"Interface Languages" means the languages in which the most important texts of the Portal and the Application are available. You can select an Interface Language in the Portal at any time by selecting it on the menu. The currently available Interface Languages are Russian and English. You can select an Interface Language in the Application at any time by changing the language settings of your mobile device. The following interface languages are currently available in the Application: English, German and Russian in BCR for Android; English, German, French, Italian, Portuguese, Russian, Spanish and Chinese (simplified) in BCR for iOS.
“Profile” means the Service settings specific to each User that has completed the Registration. Your Profile becomes accessible to You after You enter Your Login and Password. Your Profile can be accessed on any page of the Portal by clicking Login on the Portal menu or by clicking Settings > Synchronization > Login in the Application.
You bear sole responsibility for the accuracy, quality, completeness, legality, reliability, usability and non-infringement of intellectual property and usage rights of User Data and any other data provided by you to the Service. You shall comply with all applicable local, public, national and international laws, contracts and regulations, and shall bear sole responsibility for the violation thereof, in respect of User Data, including laws, contracts and regulations regarding copyright, confidentiality of data, international communication, and the transfer and dissemination of information, including without limitation technical and personal information.
ABBYY sets the standards of protection of User Data provided by You against unauthorized access and use. ABBYY may view User Data, but only to the extent this is necessary to provide the Service.
You agree that You bear sole liability for any violations of legislation, international agreements or procedures in relation to any Personal Data, including personal or confidential information. You shall indemnify ABBYY and hold it harmless against all claims, legal proceedings, expenses, liabilities and damages, including attorney’s fees, related to or arising from User Data.
In the event that User Data causes the Service to fail, leads to abnormal usage of computing resources or other exceptional cases related to the functionality of the Service, ABBYY may use User Data at any time and without limitations, but only for the purpose of improving the quality of service.
Contact e-mail address: firstname.lastname@example.org.
"Intellectual Property Rights" means all intellectual and industrial property rights and includes rights to (i) inventions, discoveries, and letters patent including applications therefor, reissues thereof, and continuation and continuations in part; (ii) copyrights; (iii) designs and industrial designs; (iv) trademarks, service marks, trade dress and similar rights; (v) know-how, trade secrets and confidential information; (vi) integrated circuit topography rights and rights in mask works; and (vii) other proprietary rights.
“License” means the limited right to install and use the functionality of the Application under a simple (non-exclusive) license in accordance with the terms of this Agreement.
This Agreement governs the use of the Service and any materials and resources available in the Service.
ABBYY may grant You the right to use the Service and Additional Service Features.
ABBYY reserves all rights to the Service and other intellectual property of ABBYY except for those that have been granted to You hereunder. This Agreement does not grant you any rights to ABBYY’s trademarks.
Any use of the Service that is not in accordance with the terms of this Agreement or violates the terms of this Agreement is a violation of the Intellectual Property Rights of ABBYY and/or third parties and constitutes the basis for revoking the right to use the Service provided to you by this Agreement.
RESPONSIBILITIES OF THE PARTIES
ABBYY’s rights and obligations
ABBYY reserves the right to change the services included in the Service, including the set of materials and resources available on the Portal and/or in the Application, and the functionality of the Service and/or the Application, at any time without providing prior notification to You.
If ABBYY has reasons to believe that You are taking steps or intend to take steps that are in breach of paragraphs 3.2 or 3.3 of this Agreement; steps aimed at disrupting the operation of the Service; steps aimed at publishing information using the Portal or the Application that is in breach of this Agreement and/or applicable laws or information that discredits ABBYY’s reputation; steps that otherwise cause damage to ABBYY or other users of the Portal, Service; or that You have asked other users to perform any of those steps, then ABBYY may, without giving any reasons, block Your access by blocking your User Name and Password (user account) and perform any or all of the following:
refuse to accept any of Your User Data that You may attempt to upload to the Portal,
block access to Your User Data, and
delete any of Your User Data at any time.
ABBYY may interrupt or permanently terminate the Service at any time without prior notice. Such interruption or termination may be caused including but not limited by maintenance work, by circumstances beyond the reasonable control of ABBYY, by crashes of software or hardware owned by third parties, or by actions of third parties aimed at interrupting or terminating the operation of the Service.
ABBYY may restrict access to and use of the Service, including by way of restricting the time when data provided through the Portal or the Application may be used, the size of such data, the term of the storage of such data, the maximum number of business cards You may process, etc.
ABBYY may place advertisements and other materials and information on the Portal and in the Applications, provided such advertisements, materials and information are permitted by applicable legislation.
Your rights and obligations
You may use the Service provided you do not violate the terms of this Agreement.
You may register on the Service using the Portal or the Application in order to access features that become available after you sign in using the User Name and Password.
After Registration, You may sign in to the Service using Your User Name and Password. You shall be solely responsible for the safekeeping of Your Password and for any actions performed under Your User Name. You shall immediately inform ABBYY of any instances of unauthorized access under Your User Name and Password.
You warrant that You have all the necessary rights to transfer or upload User Data to the Service and that Your doing so does not breach any applicable laws, rights of personal data subjects and/or rights of a third party. You shall be fully liable for any such transfers and uploads and for any damage that may be caused to ABBYY and third parties by such transfers and uploads.
You agree to bear responsibility for all of Your User Data, either made publicly available or transferred privately to another user or third parties.
If You discover on the Portal any information that violates applicable laws or Your rights, information that You find offensive, information that discredits You or Your business reputation or is otherwise damaging to You, You may notify ABBYY about such information by writing to the Contact e-mail address. ABBYY will deal with this notification in accordance with the procedure set forth in paragraph 10.8 of this Agreement.
You may terminate Your relations with ABBYY at any time by stopping Your use of the Service and waiving your right to access the resources available on the Portal or in the Application by singing out of your user account on the Portal and removing the Application from your devices.
You may delete your User Data and disable the synchronization feature.
You bear all risks and responsibilities related to Your use of the Service.
You agree that no money will be refunded to You even if You do not use the Service or the Additional Service Features You paid for.
Use of the Service
You may not use, or allow or help others to use, the Service to provide optical character recognition and data conversion services to third parties, either free of charge or for a fee. You may not provide, or allow others to provide, the results, or access to the results, obtained through the use of the Sertvice and/or resources available on the Service to third parties as part of any service based on optical character recognition or data conversion.
You may not bypass the interface of the Service (including the use of the software in conjunction with other software and services) without an additional written agreement with ABBYY.
You may use the Service, and results obtained through its use solely for lawful purposes. You may not, by yourself or through cooperation with others:
Copy the trade dress of the Service (the Portal and/or the Application) and any materials the copying of which is prohibited hereunder without written permission from ABBYY;
upload, or publish in any other way, any materials which are illegal, harmful, threatening, offensive, or libelous; which infringe the copyright of a third party; which incite hatred and/or discrimination based on race, ethnicity, gender, or social status; which contain pornography; which violate the rights of a third party or incite others to violate the rights of a third party; which defame any persons or discredit their business reputation; which violate the rights of minors and/or are damaging to minors in any way; and any other similar materials;
upload, or publish in any other way, materials which You are not allowed to make public by applicable laws or which violate applicable laws;
upload viruses or any other harmful data which may in any way disrupt the operation of the Service;
collect information and/or interact with the Service (the Portal and/or the Application) by means of automated scripts or software;
use other users’ User Names and Passwords to sign in to the Service;
collect and store personal data of other users of the Service in violation of applicable legislation;
disrupt the normal operation of the Service (the Portal and/or the Application);
register with the Service multiple times under multiple User Names.
Study or test the Service to determine the ideas and principles on which any element or component of the Service is based; disassemble, decompile (i.e. reproduce and transform the object code into source code) or otherwise attempt to derive the source code for the Service or any part thereof, the Portal and/or the Application except, and only to the extent, that such activity is expressly permitted by applicable law notwithstanding this limitation. If applicable law prohibits the restriction of 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 disclosed to ABBYY. All such information shall be deemed to be confidential and proprietary information of ABBYY.
Modify, adapt (including any changes for the purpose of enabling the Service, including the Portal and the Application, to run on Your hardware and software), making any changes to the object code of the Service and applications and databases contained in the Service other than those provided for by the Service.
Correct errors in the Service, the Portal and/or the Application, or translate the Service without the prior written consent of ABBYY.
Rent, lease, assign or transfer any rights granted to You by this Agreement and other rights related to the Portal and Service to any other person unless otherwise stipulated in a separate written agreement with ABBYY or an ABBYY Partner.
Remove, change or obscure any copyright, trademark or patent notices that appear on the Portal or its materials.
Provide opportunities to access or use the Service to persons or entities who do not have the right to use the Service, including without limitation other persons who were not authorized by You to use the Service or who use the same multi-user system or virtual environment with you, or who work with you via the internet.
PRICE AND PAYMENT PROCEDURE
You may purchase Additional Service Features. The right to use the Additional Service Features shall be provided upon Your request. ABBYY shall not be liable for Your ability to properly fulfill the payment conditions. You shall direct all questions you may have regarding the rules and procedures of making payments for Additional Service Features to the entities who own the relevant payment systems. If the payments are made within mobile platforms, you shall direct such questions to operators of mobile app marketplaces such as App Store, Google Play and Amazon. ABBYY shall not provide Users with advice regarding payment rules and procedures when such payment systems are used. ABBYY shall not compensate any payments made using such payment systems for the right to use Additional Service Features if such payments were made in violation of the rules put in place by the payment systems, resulting in You not receiving the amounts due to You. ABBYY shall not receive any personal data You provided when making payments from payment system operators.
The right to use Additional Service Features shall be provided to You when your payment in App Store, Google Play or Amazon is received. The right to use Additional Service Features provided to You shall last for the entire term of this Agreement except for cases when such right terminates earlier. ABBYY may refuse to provide you the right to use the Additional Service Features or may provide such right to You in part until payment is confirmed.
You may freely use the right to use Additional Service Features.
In the event You receive the right to use Additional Service Features without purchasing such right in accordance with the procedure specified in this Agreement due to a technical error, a problem with the Service or one of its components, or as a result of Your own actions, You shall inform ABBYY and pay for such right to use Additional Service Features or you shall not use such Additional Service Features or render unusable all ways in which any Additional Service Features may be used unlawfully. ABBYY may render such ways to use Additional Service Features unusable without providing You with notification.
You shall keep all documents that prove that You have paid for the right to use Additional Service Features for the entire duration of Your use of the Service and provide such documents to ABBYY upon request.
You may not view offers regarding rights to use Additional Service Features as offers made by ABBYY. In the event You violate this paragraph by making payments suggested by advertisements received by You using the payment details provided in such advertisements, ABBYY will ignore Your claims that You do not have access to Additional Service Features and will not have any obligation to refund any such payments.
In the event that ABBYY determines that You have received access to Additional Service Features through third parties, ABBYY may refuse to provide, limit or terminate Your access to the Service and/or Additional Service Features.
You guarantee that ABBYY has the right to use the financial services You chose for paying for the right to use Additional Service Features, and that You are not violating applicable laws, including the laws of Your country of citizenship, or the rights of third parties. ABBYY shall not be liable for any damages suffered by third parties and/or other Users as a result of Your unlawful use of financial services for making payments.
ABBYY shall not be liable for any unlawful actions performed by You when paying for rights to use Additional Service Features. In the event of any suspicions that you have conducted unlawful activities, ABBYY may unilaterally refuse to provide or terminate Your access to Additional Service Features until all circumstances are established.
In the event that ABBYY has reason that you are conducting unlawful or fraudulent activities related to payment for rights to use Additional Service Features, ABBYY may provide all information required for conducting an investigation to law enforcement bodies.
ABBYY reserves the right to unilaterally change the payment procedure and price for using the services provided by ABBYY through the Service. If You do not agree to such changes, stop using the Applications, remove the Applications from Your devices, stop using the Portal and the materials and resources available on the Portal, and stop using the Service.
USE OF THE APPLICATION
GRANT OF LICENSE
In accordance with the terms and conditions of this Agreement, ABBYY grants you a limited non-exclusive license to install the Application and use the functionality of the Application subject to all restrictions and the License stipulated by or provided in this Agreement, the Service and/or a separate written agreement between You and ABBYY. All of the terms of this Agreement apply to the entire Service and to each and every component of the Service and to User documentation, with the exception of third-party technologies included in the Application. Such third-party technologies are governed by their own licenses. Any controversies or disputes regarding the scope of the License shall be settled in favor of limiting the scope of the License. Restrictions on Your use of the Application and the scope of Your License may include, but are not limited to, the following:
Processing volumes. The amount of processing units (business cards) that may be processed using the Application may be subject to various restrictions, such as restrictions on the number of processing units that may be processed during a specific period of time (such as a year or a month), or restrictions on the total amount of processing units that may be processed.
Term. Use of the application may be restricted by a term. You may not use the Application after such term expires.
You may use the Application worldwide.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, AND EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, THE APPLICATION, INCLUDING WITHOUT LIMITATION ANY DOCUMENTATION, UPGRADES AND UPDATES IS BEING PROVIDED TO YOU “AS IS” AND 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, NON-INFRINGEMENT IN RELATION TO USER DATA OR ANY OTHER DATA, 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. ABBYY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULT YOU MAY OBTAIN BY USING THE SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE LIES WITH YOU. FUTHERMORE ABBYY MAKES NO WARRANTIES FOR ANY THIRD PARTY SOFTWARE PRODUCTS WHICH MAY BE SUPPLIED WITHIN THE SOFTWARE.
If an Application is labeled as an update (“Update”), you may use such Application only if you have a license for the previous version of the Application (the version which the Update is intended to upgrade).
Any Application labeled as an Update replaces and/or supplements the product that makes you eligible to receive the Update.
You agree that any obligations ABBYY may have regarding providing support for an updated product shall terminate when such update is released.
Warranty Exclusion and Limitations for Users Residing in Germany or Austria
If You obtained Your copy of the Application in Germany or Austria, and You usually reside in such country, then, in accordance with German law, ABBYY warrants that the Application provides the functionalities set forth in its documentation included in the Application (the "agreed upon functionalities") for the limited warranty period following receipt of the Application copy when used on the recommended hardware configuration. As used in this article, "limited warranty period" means two (2) years. 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 Applications provided to You free of charge, for example, updates, pre-release versions, "Trial" versions, product samples, "Not for resale" ("NFR") copies of the Application, or the Application that has been altered by You, to the extent such alterations caused a defect. To make a warranty claim, during the limited warranty period You must return, at our expense, the Application and proof of purchase to the entity from whom You obtained it. If the functionalities of the Application 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 Application. 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.
If You obtained Your copy of the Application in Germany or Austria, and You usually reside in such country, then:
Subject to the provisions in paragraph 5.4.2 (b), 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.
10.2.2 The limitation of liability set forth in paragraph 5.4.2 (a) 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.
You are required to take all reasonable measures to avoid and reduce damages, in particular to make backup copies of the Application and Your computer data subject to the provisions of this EULA.
Warranty Exclusion and Limitations for Users Residing in Australia
If You obtained your copy of the Software in Australia and usually reside in Australia:
ABBYY’s goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Where ABBYY provides any additional express warranty or warranties with the Application, the benefits given to you by such warranty or warranties are in addition to and do not replace your other rights and remedies under the Australian Consumer Law. To make a warranty claim, You must return, at Your expense, the Application and proof of purchase to the location where You obtained it, or where return is not possible, make the Application available for inspection by ABBYY or its representative. No claim will be valid under the warranty unless the Application has been tested and deemed defective by ABBYY pursuant to the terms of the warranty. If the Application is determined to be defective (in the discretion of ABBYY), ABBYY is entitled (at its own discretion) to repair or replace the Application. You can obtain more warranty information from ABBYY.
Subject to Your rights arising under the Competition and Consumer Act 2010(Cth) or other similar consumer legislation, You agree that ABBYY will not be liable in respect of any claim by You (whether contractual, tortious, statutory or otherwise) for any direct, special, incidental, indirect or consequential damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Application or the provision of any other goods or services under this Agreement or any other written agreement executed between You and ABBYY or an ABBYY Partner and whether as a result of any breach or default by ABBYY or any negligence of ABBYY. The maximum liability of ABBYY under this Agreement shall be limited to three thousand (3000) rubles. The maximum liability of ABBYY in relation to the Additional Service Features shall be limited to the amount paid by You for the Additional Service Features, if any.
If the Competition and Consumer Act 2010 (Cth) (or analogous legislation) applies and permits the limitation of liability for breach of warranty implied by statute, the liability of ABBYY is limited, at the option of ABBYY, to:
in the case of goods, any one or more of the following: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and
in the case of services: (i) the supplying of the services again; (ii) or the payment of the cost of having the services supplied again.
Any of the terms and conditions of this Agreement which limit or exclude any term, condition or warranty, express or implied, or the liability of ABBYY will apply to the extent permitted by Australian law and will not be construed as excluding, qualifying or limiting Your statutory rights or remedies arising by virtue of the breach of any implied term of this Agreement where such exclusion, qualification or limitation would be prohibited by statute.
If You are a consumer (as defined in the Competition and Consumer Act 2010 (Cth)), then nothing in this EULA restricts, limits or modifies Your rights or remedies against ABBYY for the failure of a statutory guarantee under the Australian Consumer Law where such restriction, limitation or modification would be prohibited by the Competition and Consumer Act 2010 (Cth).
Additional limitations on the Application if purchased in the United States.
Government Use. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.
Export rules.You agree that You shall not export or re-export the Application in violation of any export provisions in the laws of the country in which the Application was purchased or otherwise acquired. In addition, You represent and warrant that You are not prohibited under applicable laws from receiving the Application.
- LIMITED LIABILITY
ABBYY shall not provide You with an Internet connection or with any hardware and software required to connect to the Internet, and ABBYY shall not be liable for the quality of Your Internet connection or the quality of the hardware and software that You use to access the Internet. ABBYY shall not be 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 services and scripts, howsoever caused.
You acknowledge that Your information will be transmitted over an insecure public computer network and that ABBYY shall not be liable for any loss of information transmitted in this manner.
1.3. ABBYY shall not be liable for any delay, malfunction, missed or late delivery, removal or loss of any User Data or other information.
ABBYY does not warrant that:
the Service (including the Portal and/or the Application) meet Your requirements or are fit for any purposes other than the purposes stipulated in this Agreement;
the materials available on the Portal and/or the Application and/or the results obtained through the use of the Service are accurate, complete or useful;
the operation of the Service (including the Portal and/or the Application) will be continuous or uninterrupted or free from error;
any data obtained through the use of the Service, or any information, materials or User Data published on the Portal and/or in the Application, any services or any hyperlinks will always be available on the Portal and/or in the Application;
the quality of any product, service, data and anything else obtained through the use of the Service will meet Your expectations;
all errors in the Service, including errors on the Portal and/or in the Application, will be fixed.
The Service, Portal and Application and all information they contain is provided “as is” and may include errors. Links to products, works and services of third parties are provided for Your reference only; such links do not indicate that ABBYY supports or recommends such products, works and services.
IN NO EVENT WILL ABBYY BE LIABLE TO YOU FOR ANY DAMAGES, BUSINESS INTERRUPTION, LOSS OF USER DATA OR ANY OTHER DATA, CLAIMS OR COSTS WHATSOEVER, OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR ANY LOST PROFITS OR LOST REVENUE RESULTING FROM AND/OR RELATING TO THE USE OF THE SERVICE (INCLUDING THE PORTAL AND/OR THE APPLICATION), OR DAMAGES CAUSED BY POSSIBLE ERRORS OR MISPRINTS IN THE PORTAL WEBSITE AND/OR THE APPLICATION, 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 THIS AGREEMENT SHALL BE LIMITED TO THREE THOUSAND (3000) RUBLES, AND IN RELATION TO ADDITIONAL SERVICE FEATURES SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE ADDITIONAL SERVICE FEATURES, IF ANY.
ABBYY may view User Data in connection to the use of the Service, but does not guarantee its authenticity, accuracy, completeness, compatibility and quality, or that the User Data will meet your requirements or expectations. ABBYY bears no responsibility for such information or materials, or for the actions of Users.
Under no circumstances will ABBYY be liable for User Data published by You and/or other users. ABBYY undertakes no obligations regarding the confidentiality of published User Data. ABBYY shall not be liable for any breach of this Agreement caused by an incorrect e-mail address provided during Registration and for possible disclosure to third parties of information from recognized business cards that occurs as the result of an incorrect e-mail address. When Registering, please check that the e-mail address You are providing is correct.
All product names are the trademarks or registered trademarks of their respective owners.
All ABBYY trademarks are the intellectual property of ABBYY and are provided only for reference. ABBYY does not grant You any rights to use these trademarks.
All of the third-party trademarks referred to in this Agreement are the intellectual property of their respective owners.
No rights to any of ABBYY’s intellectual property (including the Service, Portal, Application and any ABBYY patents, trademarks, or copyrights) is transferred to You. You shall not, in any way, during or after the term of the Agreement, make any use of or claim any right to any name, logo, trademark, pattern, or design owned by ABBYY, or any name, logo, trademark, pattern, or design resembling them.
No rights to any of Your intellectual property is transferred to ABBYY.
The Service (including the Portal and/or the Applications) contains valuable trade secrets and confidential information belonging to ABBYY and third parties and is protected by copyright laws, including, without limitation, by United States copyright law, laws of the Russian Federation, international treaty provisions, and the applicable laws of the country in which it is being used or obtained.
All rights to the content that is not contained on the Service (including the Portal and/or the Applications), but may be accessible through the use of the Service (including the Portal and/or the Applications) are the property of their owners and may be protected by applicable copyright or other intellectual property laws and international treaties. This Agreement does not grant You any rights to such intellectual property.
- LINKS TO THIRD-PARTY WEBSITES
For Your convenience, the Service may provide hyperlinks to third-party websites owned and maintained by legal and/or natural persons. ABBYY does not provide a warranty of any kind in respect of any website available by clicking on its respective hyperlink on the Portal and/or on the services. You understand and agree that ABBYY is in no way responsible for the content of such third-party websites. ABBYY does not make any recommendations as to the merits of such third-party websites nor advise You to make use of their content.
Any references to third-party products or services that may be published on the Portal and/or in the Application are provided only for Your convenience. Any mention of third-party products or services is for information purposes only. ABBYY makes no recommendations as to the merit of such third-party products or services.
- GOVERNING LAW
Any disputes between the Parties regarding this Agreement shall be settled out of court through negotiation and exchange of correspondence. If the Parties fail to negotiate a settlement within 60 days from the day a Party receives the complaint from the other Party, any party may initiate legal proceedings to resolve the dispute.
If You use the Service or have received the right to use the Service resources through the Portal and/or the Application in the United States, Canada, Mexico, Central America (Belize, Costa Rica, El Salvador, Guatemala, Honduras, Montserrat, Nicaragua, Panama, Turks and Caicos Islands, Virgin Islands), Japan or Taiwan, 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, the Portal and/or the Service, You consent to the exclusive jurisdiction and venue of the federal and/or state courts in the county of Santa Clara in the state of California. For the avoidance of doubt if You use the Service in the United States, You are using the services of ABBYY USA Software House, Inc.
In all other cases this Agreement shall be governed by and construed with in accordance to the property laws of the Russian Federation. With respect to any dispute which may arise in connection with this Agreement, You consent to the exclusive jurisdiction and venue of the Butyrskiy District Court in Moscow, Russia, with the exception of cases where the laws of another country apply pursuant to international treaties of the Russian Federation, other laws, customs, and with the exception of cases where the dispute falls under the jurisdiction of any other court of law.
Regardless of the jurisdiction and applicable law, this Agreement shall not be governed by any conflict of law rules or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
You acknowledge that when You use the Service, data about Your use of the Service and/or resources is automatically logged on ABBYY’s servers, including information on when your user account is active (the time when you sign in and the time when you sign out), some information about your system (browser type, operating system, screen resolution, access dates and times) and the history data on Your use of the Service and Additional Service Features. Such data does not include the content of User Data or any information that can be used to identify you.
ABBYY may assign its obligations under this Agreement provided that ABBYY provides You with advance notice of such assignment. Such third parties shall perform all obligations and observe all rights under this Agreement.
Unless otherwise stated in this Agreement, Service documentation or a separate written agreement between you and ABBYY, the term of this Agreement is not limited, but in any event is at least as long as the duration of the exclusive right to the Service, beginning on the date when You first indicate your consent to the terms of this Agreement as described above.
ABBYY may at any time and at its own discretion terminate this Agreement, including without limitation in the event you breach any provision of this Agreement. In the event of such termination, You shall destroy all copies of the Application, all components of the Application, remove the Application from Your devices and stop using the Portal and the Service.
You may contact ABBYY by sending a message to the Contact e-mail address. ABBYY may contact You by sending a message to the e-mail address You specified during Registration.
In the event of lawsuits, claims or other proceedings arising out of Your use of the Service, You shall notify ABBYY of such claims or lawsuits within three (3) days from the day when You learned of such claims or lawsuits. Further, You shall make all reasonable efforts to aid ABBYY in defending itself against such lawsuits and/or claims and, within seven (7) days from request, provide ABBYY with information that may be necessary to defend against and/or settle such claims and/or lawsuits. You will also indemnify ABBYY from all such claims, suits or proceeding, and be responsible for all related costs, including attorney fees and costs, pre-suit and for the litigation or proceeding itself.
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 the Contact e-mail address. ABBYY shall send a 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 as set forth in this Agreement. ABBYY shall not respond to anonymous complaints or complaints from users who cannot be identified based on the information they provided during Registration. ABBYY has no obligation to respond to complaints that are submitted without factual evidence and information that substantiate the complaint.
ABBYY reserves the right to invalidate Your User Name and Password (user account) and remove any of Your information from the Service in the event you violate the terms of this Agreement, applicable legislation and/or the rights and interests of ABBYY and third parties. ABBYY may stop providing the Service at any time without prior warning.
If any part of this Agreement is found void or unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its conditions.
11 May 2017