End User License Agreement

This Appendix A incorporates Product Specific Terms that apply to the ABBYY Software You acquire.

1. Additional Definitions

"License" means the non-exclusive and non-transferrable limited right granted to You by ABBYY to install and use the functionality of the ABBYY Software in accordance with the terms and conditions of this EULA.

“ABBYY Software”, “Software” means ABBYY FlexiCapture including any and all of the software components embedded in it or made available online or in other ways, including, but not limited to, executable, help, demo, sample, and other files; libraries, databases, samples, associated media (images, photos, animations, audio components, video components, music, etc.), printed materials, and other software components.

“Station” means a part of the ABBYY Software, that can be installed as a separate Software application, or as a thin browser-based client, or as a mobile app, and solves one or more tasks constituting the functionality of the Software.

2. Additional Usage Rights and Usage Restrictions

2.1 Restrictions on Your use of ABBYY Software and the scope of Your License may include, but are not limited to, the following:

2.1.1. Number of Stations. The types of Stations and permitted number of their installations may be limited.

2.1.2. Processing volume. The number of Volume Units that may be processed with the Software may be limited in one or more ways, such as limitations on the number of Volume Units that may be processed within particular time periods, such as monthly or annually, or on the overall number of Volume Units that may be processed. The size of a page or other Volume Unit may also be limited.

2.1.3 Features, Add-ons, and Custom Components. The use of particular features, add-ons, and/or custom components of the Software may be limited by Protection Key and/or written agreement between You and Approved Source, and/or the documentation accompanying the purchase.

2.1.4 Processing Power. The number of CPU (central processing unit) cores of the computers which can be utilized by the Software may be limited by Protection Key and/or written agreement between You and Approved Source, and/or the Quote.

2.2 If You deploy or use the Software in a virtual environment, including, without limitation, by means of VMware, Citrix or ghosting, the access to or use of the Software may in no way exceed the restrictions on the Software, or the scope of the License that has been granted. For instance, one and the same Protection Key may not be used to permit use or access to the Software in a virtual environment by a number of computers that is greater than the number of computers for which a License has been properly obtained, nor may the Software be used to process more than the total number of pages that has been permitted.

2.3 If You use the Software by means of a web browser, You may simultaneously access the Software by as many Stations as permitted by the scope of Your License and specified in the Protection Key.

2.4 You may receive the Software on more than one medium (multiple-media Software), including downloads over the Internet. Regardless of the quantity or type of media You receive, You are only licensed to use the Software in accordance with the scope of Your License.

2.5 You may not bypass the Software’s user interface that is provided with the Software or use the Software in aggregate with any other software unless you have entered into a separate written agreement with ABBYY.

3. Other Details

3.1 You acknowledge that the Software may have a periodic Internet connection with an ABBYY server to check the status of the Software or download additional content, information or components. In the course of limited license activation, re-activation, and deactivation, ABBYY may collect pseudonymized information about a) Your device’s hardware configuration and operating system configuration (e.g., version of operating system), and/or b) Your usage of licenses and/or information about number of pages recognized through the use of a license (if applicable). Such information may be used to manage the License restrictions, stated in the Protection Key or in written agreement with Approved Source (or in the Quote) and used for security (e.g. fraud prevention) and statistical (e.g. billing and analytical) purposes.

3.2 No Other Rights. ABBYY reserves all rights not explicitly granted to You hereunder.

This Appendix A incorporates Product Specific Terms that apply to the ABBYY Software You acquire.

1. Additional Definitions

“Activation” means the procedure whereby the Protection Key is checked for validity and the installed SDK is made fully operational in accordance with documentation accompanying the SDK and the scope of Your License. Activation may be performed either: (i) by means of a USB dongle as hardware Protection Key plugged into computer where SDK is used; (ii) by means of a software Protection Key on a Physical Workplace or a Virtual Workplace where SDK is used, including but not limited to Online License.

“Activated Protection Key” means the Protection Key for which Activation was successfully performed.

“Application” means the computer program, or set of computer programs, developed by You, or on Your behalf, which includes parts of the SDK or otherwise interacts with the SDK. If there is more than one Application, an individual License is required for each Application.

“Computer” means a specific physical device or Virtual Machine that may consist of one or more CPU (central processing unit) cores and running specified operating system. Any changes to the configuration or composition of the Computer could result in the Computer being considered a different Computer for licensing purposes.

“Internal Use” means use of the Application for Your internal business operations and/or automation of Your internal processes. Internal Use excludes distribution, transfer, or licensing of the SDK to any third parties or use of the SDK to provide Business Process Outsourcing (BPO) services (or any other services where customers are provided with the recognition results of the SDK) to any third parties.

"License" means the non-exclusive and non-transferrable limited right granted to You by ABBYY to install and use the functionality of the ABBYY Software in accordance with the terms and conditions of this EULA. The following two types of Licenses (hereinafter collectively referred to as “Licenses”) may be granted:

• “Developer License” means the right to integrate parts of the SDK into the Application.
• “Runtime License” means the right to reproduce parts of the SDK integrated into one copy of the Application.

“Online License” means SDK activation over the internet, without Your involvement or support. It is a license key on ABBYY’s side for which a renewable permission(s) is provided to You to use SDK over the internet.

“SDK” or “Software” means ABBYY® FlexiCapture® 12 SDK including any and all software components (add-ons, custom components, and modules, etc.) embedded in the software or made available online or other ways such as: executable, help, demo, sample and other files; libraries, databases, samples, associated media (images, photos, animation, audio-video components, music etc.), printed materials, and other software components.

“Physical Workplace” means one copy of the computer programs and operating system run on a Computer without the use of a Virtual Machine.

“Virtual Workplace” means one copy of the computer programs and operating system run on a Computer by means of a Virtual Machine.

“Workplace” means one (1) Physical Workplace or one (1) Virtual Workplace.

“Virtual Machine” means any computer program that isolates applications executed within an operating system from the Computer, enabling the user to save and restore the original state of the computer programs and the operating system, create their copies, and run them.

2. License Grant and Usage Restrictions

2.1 In order to use the SDK You should perform Activation of the SDK after installation.

2.1.1. Number of Activations. The SDK requires an Activated Protection Key to be used. The ability to perform Activation on a Virtual Workplace is limited and depends on type of License protection.

2.1.2. Processing volume. The number of Volume Units (e.g. pages, words, symbols) that may be processed by the SDK may be limited in one or more ways, such as limitations on the number of Volume Units that may be processed within particular time periods, such as monthly, quarterly or annually, or on the overall number of Volume Units that may be processed. The size of a page or other Volume Unit may also be limited. Some types of License Protection Keys could require You to provide an uninterruptable access to the Internet in order to check number of processed Volume Units and to block SDK functionality in case Your License is invalid, expired or Your Volume Units limits are exceeded.

2.1.3 Features, Add-ons, and Custom Components. The use of particular features, add-ons, and/or custom components of the SDK may be limited by Protection Key and/or written agreement between You and Approved Source, and/or the documentation accompanying the purchase.

2.1.4 Processing Power. The number of CPU (central processing unit) cores of the Computers which can be utilized by the SDK may be limited by Protection Key and/or written agreement between You and Approved Source, and/or the Quote.

2.1.5 Duration. Use of the SDK may be limited by a fixed period of time, and the SDK may not be used after the expiration of such time period.

2.1.6 Installation Method. Your ability to install and use the SDK on multiple Workplaces may be limited. For instance, limitations may provide for the SDK to be used: (i) on any Workplace with a network connection to the Workplace where Protection Key is Activated (“concurrent licensing”); or (ii) on the same Workplace where protection Key is Activated (“standalone licensing”). In case of standalone licensing various terminal server users running the SDK may be either allowed or not to jointly utilize one set of CPU cores.

2.2 If the SDK is deployed in a virtual or cloud software environment, including but not limited to VMware, Citrix, Microsoft Azure, Amazon AWS, or ghosting, at no time may multiple Workplaces use the same SDK’s Protection Key, unless the equivalent License to Workplace quantity has been purchased. Furthermore, You agree that Your actual usage of the SDK may not exceed the scope of the License purchased (obtained) by You from Approved Source (including, but not limited to, the restriction on total processing volume). You may not restore a saved state of virtual environment to circumvent processing volume limitation, and You may not circumvent duration limitation by setting an untrue date in a virtual environment.

2.3 If You deploy the SDK by using terminal services which allow accessing the SDK on a remote Computer over a network, the amount of simultaneously running instances of the SDK may not exceed the number of Computers for which a License has been obtained.

2.4 If You use the SDK by means of a Web browser, You may simultaneously access the SDK by as many Computers as permitted by the scope of Your License and specified in the Protection Key and/or written agreement between You and Approved Source.

2.5 You may receive the SDK on more than one medium (multiple-media SDK), including downloads over the Internet. Regardless of the quantity or type of media You receive, You are only licensed to use the SDK in accordance with the scope of Your License.

2.6 You may not use the SDK as part of any service that provides the results or access to the results acquired through the use of the SDK (including recognition, conversion or data capture) (e.g.BPO), to any third party unless You have signed a separate written agreement with ABBYY.

2.7 You may not distribute copies of the SDK or parts of the SDK or the Application to any third parties. You may not transfer License or the SDK to any third parties.

2.8 You shall display information about the trademarks that belong to ABBYY and about any other rights of ABBYY to the results of intellectual activity as specified below in Application documentation:
This software includes ABBYY® FlexiCapture® 12 SDK technologies © 2023 ABBYY Development Inc.
ABBYY and FLEXICAPTURE are either registered trademarks or trademarks of ABBYY Development Inc. and/or its affiliates. These designations can also be logos, product or company names (or part of any of the above) of ABBYY Development Inc. and/or its affiliates and may not be used without consent of their respective owners.

2.9 Subcontractors. You may hire or engage one or more subcontractors to develop Your Application (which is integrated with SDK); provided, that (i) ABBYY shall not grant License to Your subcontractors (ii) each such Your subcontractor is bound by all limitations of use of the SDK, stated in this EULA while integrating SDK into Your Application (iii) You shall in all cases remain responsible of Your obligations under this EULA whether Your subcontractors comply the terms of using SDK, stated in this EULA, or not.

2.10 In the event You develop an Application (which is integrated with SDK) other than for the purpose of Your Internal Use You shall enter into a separate written agreement with ABBYY prior to use the Runtime Licenses for your Application.

3. Privacy

3.1 SDK sends to ABBYY the pseudonymized information about the Application identification data of end user’s device during the Activation, deactivation, and re-activation of the Application or while using the Application (if applicable), and/or end user’s usage of Licenses and/or information about number of Volume Units (e.g. pages, fields, or documents, depending on the SDK and type of License) recognized through the use of a License during the Activation, deactivation, and re-activation of the Application or while using the Application (if applicable). Some types of License Protection Keys could require uninterruptable access to the Internet to manage the license restrictions, stated in the Protection Key and/or in written agreement with ABBYY or ABBYY Partner or in invoice. The aforementioned information about the end user’s use of the SDK shall be used for security (e.g., fraud prevention) and statistical (e.g., billing, and analytical) purposes.

This Appendix A incorporates Product Specific Terms that apply to the ABBYY Software You acquire.

1. Additional definitions:

"ABBYY Software", "Software" means ABBYY® FineReader® Server including any and all of the software components embedded in it or made available online or in other ways, including, but not limited to, executable, help, demo, sample, and other files; libraries, databases, samples, associated media (images, photos, animations, audio components, video components, music, etc.), printed materials, and other software components.

"Google Search Appliance" means the network device manufactured by Google, Inc. and intended for searching information in a local area network.

"Google Search Appliance Connector" means the Software Component which passes the content of recognized documents to the Google Search Appliance.

"IFilter" means Software Component which passes the content of recognized documents to Microsoft® Office SharePoint® Server, Microsoft Search Server, Windows Search, or Desktop Search.

"Indexing Station" means the Software Component for specifying document types and assigning document attributes.

"Open API" means the Software Component which provides an Application Programming Interface to the ABBYY Software that allows You to call its functions from and exchange data with other Windows® applications.

"Processing Station" means the computer running the optical character recognition process.

"Remote Administration Console" means the Software Component which provides a common administration interface for configuring and monitoring ABBYY Software. The Remote Administration Console can be located on any computer in the local area network.

"Scanning Station" means the Software Component for managing batch scanning, viewing documents and controlling their visual quality, and managing separation and export of documents in selected file formats to selected destinations.

"Server Computer" means the computer running the Server Manager.

"Server Manager" means the Software Component which manages processing options, licenses, distributes tasks among Processing Stations, Verification Stations, and Indexing Stations, and delivers output documents after the processing.

"Software Activation" means the procedure whereby the installed ABBYY Software is made fully operational in accordance with ABBYY Software documentation and the scope of Your Usage Rights.

"Software Component" means any constituent part of the Software, including, but not limited to, any computer programs contained in the Software.

"Verification Station" means the Software Component for viewing and correcting the results of optical character recognition.

2. Additional Usage Rights and Usage Restrictions

2.1. Restrictions on Your use of ABBYY Software and the scope of Your Usage Rights may include, but are not limited to, the following:

2.1.1 Number of Software Components, seats and network access. The number of Software Components and computers on a Network allowed to simultaneous use the ABBYY Software is limited by the Protection Key and/or the written agreement between You and an Approved Source; such limits include but are not limited to the following:

2.1.1.1 You may only install, run, and use one (1) Server Manager on one (1) Server Computer.

2.1.1.2 You may install the Scanning Station on an unlimited number of computers. The number of Scanning Stations used simultaneously may not exceed the number specified in Your Protection Key.

2.1.1.3 You may install the Verification Station on an unlimited number of computers. The number of Verification Stations used simultaneously may not exceed the number specified in Your Protection Key.

2.1.1.4 You may install the Indexing Station on an unlimited number of computers. The number of Indexing Stations used simultaneously may not exceed the number specified in Your Protection Key.

2.1.1.5 You may install and run one (1) Google Search Appliance Connector on one (1) Server Computer in order to use the ABBYY Software in conjunction with the Google Search Appliance if this is allowed by Your Protection Key.

2.1.1.6 You may install and run IFilter on an unlimited number of computers in order to use ABBYY Software in conjunction with Windows Search or Desktop Search, Microsoft Office SharePoint Server or Microsoft Search Server if this is allowed by Your Protection Key.

2.1.1.7 You may install, run, and use the Open API and the Remote Administration Console on an unlimited number of computers.

2.1.2 Processing volume. The number of Volume Units (e.g. pages) that may be processed with ABBYY Software may be limited in one or more ways, such as limitations on the number of Volume Units that may be processed within particular time periods, such as monthly or annually, or on the overall number of Volume Units that may be processed. The size of a page, the number of data fields per document or other Volume Units may also be limited. Processing volume limitations are specified in Your Protection Key and/or written agreement between You and an Approved Source. Some types of Subscriptions could require You to provide an uninterruptable access to the Internet for ABBYY Software in order to check the number of processed Volume Units and to block ABBYY Software functionality if Your Subscription has expired or been terminated, or if Your Processing Volume limitations are exceeded.

2.1.3 Processing power. The total number of CPU cores used by ABBYY Software on the Processing Stations may not exceed the number specified in Your Protection Key and/or a written agreement between You and an Approved Source.

2.1.4. Features, add-ons and custom components. The use of particular features, add-ons and/or custom components of ABBYY Software may be limited by Your Subscription and/or a written agreement between You and an Approved Source.

2.2 Whenever applicable, if You deploy and/or use ABBYY Software in a virtual environment, including, without limitation, by means of VMware, Citrix, the access to or use of ABBYY Software may in no way exceed the restrictions on ABBYY Software, or the scope of the Usage Rights that have been granted. For instance, one and the same Protection Key may not be used to permit use or access to ABBYY Software in a virtual environment by a number of computers that is greater than the number of computers for which the Usage Rights have been granted; nor may ABBYY Software be used to process more than the permitted number of Volume Units; and the number of ABBYY Software copies running in a virtual environment may not exceed the number of copies for which a Subscription has been properly obtained. You may not restore a saved state of virtual environment to circumvent processing volume limitation, and You may not circumvent duration limitation by setting an untrue date in a virtual environment.

2.3 If You access ABBYY Software by using terminal services that allow accessing ABBYY Software on a remote computer over a network, the amount of simultaneously running instances of ABBYY Software may not exceed the number of computers for which the Usage Rights have been granted.

2.4 You will not be able to use the ABBYY Software under this EULA unless You perform Software Activation.

2.5 You may not use ABBYY Software to provide any service, paid or free, to a third party that is based on the ABBYY Software’s functionality (including recognition and/or conversion) and/or to provide the results or access to the results acquired through the use of ABBYY Software as a part of another service that has the ABBYY Software’s functionality (including recognition and/or conversion) as its component unless You have entered into a separate written agreement with ABBYY. Further, You may not use ABBYY Software to provide commercial software hosting services.

2.6 You may make a one-time permanent transfer of this ABBYY Software directly to another end user. If You are an entity, such a transfer requires written approval by ABBYY. Such transfer must include all of the ABBYY Software (including all copies, component parts, the media and printed materials, and any updates) and this EULA. Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the prohibition against any further transfer this EULA or the ABBYY Software. You must uninstall ABBYY Software from Your computer or from Your local area network in the event of such ABBYY Software transfer.

2.7 No Other Rights. ABBYY reserves all rights not explicitly granted to You hereunder.

This Appendix A incorporates Product Specific Terms that apply to the ABBYY Software You acquire.

1. Additional Definitions

“ABBYY Software” means the ABBYY OCR Container, which is a containerized OCR service software, and consists of all of ABBYY’s proprietary technology (including software, hardware, processes, algorithms, user interfaces, know-how, techniques, designs, and other tangible or intangible technical material or information), as well as Documentation and other ABBYY Software components.

“Reporting Period” means the time period starting on the Subscription start date and ending on the last day of the calendar quarter (if not otherwise mentioned in the Quote) following the Subscription start date (Initial Reporting Period), and each calendar quarter after the Initial Reporting Period for the duration of the Subscription Term. In the event of early termination of the Subscription, the last Reporting Period shall be the period beginning the next day after the end of the previous Reporting Period and ending on the date of early termination.

2. Other Details

2.1 Features, Add-ons, and Custom Components. If certain features, and/or any custom components of the ABBYY Software require an additional Protection Key, then the relevant information will be included in the Quote.

2.2 Restrictions. Restrictions of Your Usage Rights may include, but are not limited to, the following: processing Volume Units, Subscription Term, and territory. This information may be included in the Quote. The above-mentioned restrictions also apply to trial use of the ABBYY Software.

2.3 Computer Requirements. Computer(s) requirements, if any, are provided in the System Requirements section at https://help.abbyy.com/.

2.4 Restrictions. If ABBYY Software is deployed or used in a virtual environment, including, without limitation, by means of VMware, Citrix or hosting on a cloud, at no time You may access or use of the ABBYY Software exceeding the restrictions on ABBYY Software, or the scope of Your Usage Rights. For instance, You may not use the ABBYY Software to process more than the total number of permitted Volume Units.

2.5 Reporting. No later than by the 7th day of each Reporting Period, You shall prepare and send to ABBYY a consumption report for the preceding Reporting Period. Such report shall contain at a minimum the following information: (i) Your name; (ii) the Reporting Period covered by the report; (iii) the ABBYY Software; (iv) the total amount of pages consumed during the Reporting Period; and (v) calculation of fees due and payable by You for the covered Reporting Period. If You owe more than the Subscription fee amount paid for the ABBYY Software due to over-consumption (“Overages”), ABBYY or the ABBYY Partner shall invoice You stating in the invoice the amount of payable fees, including any Overages, and payment due date.

2.6 Support. ABBYY’s obligation to support the version of ABBYY Software being upgraded/updated applies to the current and a prior version of ABBYY Software, for details please refer to SM Terms.

2.7 No Other Rights. ABBYY reserves all rights not explicitly granted to You hereunder.

3.You acknowledge that the ABBYY Software is protected from unauthorized copying and unlimited use and may include a Protection Key providing for such protection and You accept the ABBYY Software subject to all such protections. Your Protection Key may require activation and the number of activations available to You may be limited.

4.You may not use the ABBYY Software to provide paid or free recognition, conversion, scanning or document comparison services and/or to provide the results or access to the results acquired through the use of the ABBYY Software as a part of another service that has recognition, conversion, scanning or document comparison as its component to any third party unless You have entered into a separate written agreement for such use with ABBYY.

5.You may receive the ABBYY Software on more than one medium (multiple-media software), including downloads over the Internet. Regardless of the quantity or type of media You receive, You are only licensed to use the ABBYY Software in accordance with the scope of Your Usage Rights.

6.Any use of the ABBYY Software or its component parts outside of or in contravention of the terms and conditions of this EULA shall constitute a material breach of ABBYY’s and/or third parties’ intellectual property rights and shall give cause for the revocation of all rights to use the ABBYY Software granted to You under this EULA.

This Appendix A incorporates Product Specific Terms that apply to the ABBYY Software You acquire.

1. Additional Definitions

“ABBYY Software”, “Software” means ABBYY FineReader PDF for Mac including any and all of the software components embedded in it or made available online or in other ways, including, but not limited to, executable, help, demo, sample, and other files; libraries, databases, samples, associated media (images, photos, animations, audio components, video components etc.), printed materials and other software components.

“Activation” means the process of verifying that Your Serial Number is valid and has not been activated on more computers than allowed by the scope of Your License. The Software may require Activation after installation; if Activation is required, the Software will not operate or will operate for a limited period of time and with limited functionality and will cease to function without further notice when the said limited time period elapses.

“License” means a non-exclusive, non-transferable, revocable right to use the ABBYY Software during the Subscription Term or any other term specified in a separate agreement between You and an Approved Source and/or in the Quote in accordance with the terms and conditions of this EULA.

“Serial Number” means a unique identifier of Your License or set of Licenses with similar parameters.

“You” means any natural person or legal entity purchasing or otherwise acquiring the ABBYY Software.

2. Additional Usage Rights and Usage Restrictions

2.1 Restrictions on Your use of ABBYY Software and the scope of Your License may include, but are not limited to, the following:

2.1.1. Number of computers, individual users and network access. The scope of the License acquired by You may restrict the number of computers on which You may install and use the Software, the number of individual users of the Software, and network access and depends on the type of License acquired by You. The type of the License acquired by You is specified in a separate agreement between You and an Approved Source and/or in the Quote.

2.1.1.1. If the type of Your License is “Single user license” / “Standalone” and You are an entity, You may install and use the Software on one computer unless otherwise stipulated in the EULA, in a separate agreement with ABBYY or in the Quote. If the type of Your License is “Single user license” / “Standalone” and You are a natural person, You may install and use the Software on one desktop computer and on one portable computer (laptop or other portable device on which the Software can be installed and used according to its system requirements) owned by You. You may not use the Software on both computers simultaneously. At any given time, You may either use the Software directly on a computer on which it is installed or access the Software remotely via remote access from only one computer.

2.1.1.2. If the type of Your License is “Per Seat”, You may install and use the Software on as many computers owned by You as the number of Licenses You acquired. At any given time, You may access one installed copy of the Software from only one computer unless otherwise specified in the EULA, in a separate agreement with ABBYY or in the Quote.

2.1.1.3. 2.1.1.3. If the type of Your License is “Site License”, the following additional terms apply: (i) Software will be accompanied by a certificate issued by ABBYY and specifying applicable License details; (ii) You shall keep the Software in confidence and any transfer of the Software by You is strictly prohibited (for the purpose of this Section 2.1.1.3 only “transfer” shall include, but is not restricted to, the granting of access to third parties, the granting of access for private use by employees and the sale, hire, lease or loan of the Software); (iii) You shall maintain accurate records of the number of Your user computers where the Software is used, shall report the number of Your user computers to the Approved Source on a yearly basis and shall, along with Your yearly report, pay the applicable license fee (as may be stipulated in the Quote) for each user computer, including those over the number pre-purchased with Your License; and (iv) upon reasonable prior written request, ABBYY may undertake a substantive audit procedure of Your records solely to verify the number of user computers and the accuracy of license fees paid by You no more than once every twelve (12) months. Such audit is to be carried out at ABBYY's expense, during Your regular business hours, and subject to confidentiality requirements. If the post audit verified records reveal an omission greater than five (5) percent from the Software license fees submitted by You and the license fees due, You will, in addition to paying the difference in license fees, also reimburse ABBYY's auditing expenses.

2.1.2. Processing volume.The number of Volume Units that may be processed with the Software, if it is stipulated in the License, may be limited in one or more ways, such as limitations on the number of Volume Units that may be processed within particular time periods, such as monthly or annually, or on the overall number of Volume Units that may be processed. The size of a page or other Volume Unit and the number of processor(s) cores used for processing may also be limited.

2.1.3. If You acquired the Software on a Subscription basis, then, in addition to the restrictions set forth in Sections 2.1.1 and 2.1.2, and notwithstanding anything to the contrary set forth in the Subscription Terms, You shall have the right to refuse automatic renewal of the Subscription by giving a notice at least 24 (twenty-four) hours prior to Subscription termination date.

2.2. You acknowledge that the Software is protected from unauthorized copying and unlimited use and may include a Serial Number providing for such protection and You accept the Software subject to all such protections. Your Serial Number may require Activation and the number of Activations available to You may be limited. You may request Additional Activations during the entire period of support and maintenance services duration for the version of the Software that you acquired (purchased). Upon expiration of the duration of the support and maintenance services for the acquired (purchased) Software version, additional activations may not be available.

2.3. If You deploy and/or use the Software in a virtual environment, including, without limitation, by means of VMware, Citrix, the access to or use of the Software may in no way exceed the restrictions on the Software or the scope of the License that has been granted. For instance, one and the same Serial Number may not be used to permit use or access to the Software in a virtual environment by a number of computers that is greater than the number of computers for which a License has been properly obtained, nor may the Software be used to process more than the total number of Volume Units allowed by Your License.

2.4. You may not use the Software to provide paid or free recognition, conversion, scanning or document comparison services and/or to provide the results or access to the results acquired through the use of the Software as a part of another service that has recognition, conversion, scanning or document comparison as its component to any third party unless You have entered into a separate written agreement with ABBYY.

2.5. You may not bypass the Software’s user interface that is provided with the Software, or interact with the Software by means of automation software including, but not limited to, scripts, bots, Robotic Process Automation software unless you have entered into a separate written agreement with ABBYY.

2.6. Upgrades. If the Software is labeled as an “Upgrade”, restrictions on Your use of the Software and the scope of Your License may include, but are not limited to, the following:

2.6.1 The software that formed the basis for Your eligibility for the Upgrade (Upgrade Basis Software) can be used after upgrade only on the same computer in compliance with the terms and conditions of the End User License Agreement supplied with the Upgrade Basis Software, unless otherwise specified in a separate written agreement for Upgrade with ABBYY.

2.6.2 Use of the Upgrade Basis Software may be prohibited by a separate written agreement with an Approved Source.

2.7 Except as provided for in Section 2.1.1.3, You may only make a one-time permanent transfer of this Software directly to another end user. If You are a legal entity, such a transfer requires written approval by ABBYY. Such transfer must include all of the Software (including all copies, component parts, the media and printed materials, and any updates) and this EULA. Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation to not further transfer this EULA and Software. You must uninstall the Software from Your computer(s) or from Your local area network in the event of such Software transfer.

2.8 You may receive the Software on more than one medium (multiple-media Software), including downloads over the Internet. Regardless of the quantity or type of media You receive, You are only licensed to use the Software in accordance with the scope of Your License.

2.9 You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and You are not listed on any U.S. Government list of prohibited or restricted parties.

2.10 Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon Your acceptance of the terms and conditions hereof, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against You as a third party beneficiary thereof.

2.11 Any use of the Software or its component parts outside of or in contravention of the terms and conditions of this EULA shall constitute a breach of ABBYY’s and/or third parties’ intellectual property rights and shall give cause for the revocation of all rights to use the Software granted to You under this EULA.

2.12 No Other Rights. ABBYY reserves all rights not explicitly granted to You hereunder.

This Appendix A incorporates Product Specific Terms that apply to the ABBYY Software You acquire.

1. Additional definitions

”ABBYY Software” , “Software” means ABBYY FineReader PDF 16 including any and all of the software components embedded in it or made available online or in other ways, including, but not limited to, executable, help, demo, sample, and other files; libraries, databases, samples, associated media (images, photos, animations, audio components, video components etc.), printed materials and other software components.

“Activation” means the process of verifying that Your Serial Number is valid and has not been activated on more computers than allowed by the scope of Your License. The Software may require Activation after installation; if Activation is required, the Software will not operate or will operate for a limited period of time and with limited functionality and will cease to function without further notice when the said limited time period elapses.

“License” means a non-exclusive, non-transferable, revocable right to use the ABBYY Software during the Subscription Term or any other term specified in a separate agreement between You and an Approved Source and/or in the Quote in accordance with the terms and conditions of this EULA.

“Serial Number” means a unique identifier of Your License or set of Licenses with similar parameters.

“SM Services” means support and maintenance services that may be provided to You in accordance with the SM Terms.

“Update” means any revision, enhancement, update, correction or other modification (such as new or changed functionalities or features) to the Software or documentation that ABBYY makes generally available to its customers as a part of SM Services other than an Upgrade.

“Upgrade” means any new subsequent generally available release of the Software that significantly modifies the Software, bears a new first numeral (e.g. 15.0 to 16.0), and adds new or changed functionalities or features to an existing Software version, for which additional license / service fees may be required.

“You” means any natural person or legal entity purchasing or otherwise acquiring the ABBYY Software.

2. Additional Usage Rights and Usage Restrictions

2.1 Restrictions on Your use of ABBYY Software and the scope of Your License may include, but are not limited to, the following:

2.1.1. Number of computers, individual users and network access. The scope of the License acquired by You may restrict the number of computers on which You may install and use the Software, the number of individual users of the Software, and network access and depends on the type of License acquired by You. The type of the License acquired by You is specified in a separate agreement between You and an Approved Source and/or in the Quote. After the Software is installed, You can see the type of Your License in the Help menu of the interface of the Software.

2.1.1.1. If the type of Your License is “Single user license” / “Standalone” and You are an entity, You may install and use the Software on one computer unless otherwise stipulated in the EULA, in a separate agreement with ABBYY or in the Quote. If the type of Your License is “Single user license” / “Standalone” and You are a natural person, You may install and use the Software on one desktop computer and on one portable computer (laptop or other portable device on which the Software can be installed and used according to its system requirements) owned by You. You may not use the Software on both computers simultaneously. At any given time, You may either use the Software directly on a computer on which it is installed or access the Software remotely via remote access from only one computer.

2.1.1.2. If the type of Your License is “Per Seat”, You may install and use the Software on as many computers owned by You as the number of Licenses You acquired. At any given time, You may access one installed copy of the Software from only one computer unless otherwise specified in the EULA, in a separate agreement with ABBYY or in the Quote.

2.1.1.3. If the type of Your License is “Network License” / "Concurrent" (the license may be marked as “Concurrent” or “Concurrent for Azure”), You may install the Software on any number of computers owned by You and simultaneously use the Software on as many computers as the number of Licenses You acquired, unless otherwise specified in the EULA, in a separate agreement with ABBYY or in the Quote.

2.1.1.4. If the type of Your License is “Remote User” (the license may be marked as “Remote User” or “Remote User for Azure”), You may use the Software via remote access or virtualization solution owned, rented or otherwise lawfully acquired and/or used by You (“Solution”). You may install the Software on any number of computers that serve as servers/hosts for the Solution. The installed Software may be used from client computers through remote access to it by as many individuals - named users of the Solution - as the number of Licenses You acquired, and you must acquire a License for each user that may use the Software, unless otherwise specified in the EULA, in a separate agreement with ABBYY or in the Quote. At any given time, each individual can use the Software remotely from only one computer.

2.1.1.5. If the type of Your License is “Site License”, the following additional terms apply: (i) Software will be accompanied by a certificate issued by ABBYY and specifying applicable License details; (ii) You shall keep the Software in confidence and any transfer of the Software by You is strictly prohibited (for the purpose of this Section 2.1.1.5 only “transfer” shall include, but is not restricted to, the granting of access to third parties, the granting of access for private use by employees and the sale, hire, lease or loan of the Software); (iii) You shall maintain accurate records of the number of Your user computers where the Software is used, shall report the number of Your user computers to the Approved Source on a yearly basis and shall, along with Your yearly report, pay the applicable license fee (as may be stipulated in the Quote) for each user computer, including those over the number pre-purchased with Your License; and (iv) upon reasonable prior written request, ABBYY may undertake a substantive audit procedure of Your records solely to verify the number of user computers and the accuracy of license fees paid by You no more than once every twelve (12) months. Such audit is to be carried out at ABBYY's expense, during Your regular business hours, and subject to confidentiality requirements. If the post audit verified records reveal an omission greater than five (5) percent from the Software license fees submitted by You and the license fees due, You will, in addition to paying the difference in license fees, also reimburse ABBYY's auditing expenses.

2.1.2. Processing volume. The number of Volume Units that may be processed with the Software, if it is stipulated in the License, may be limited in one or more ways, such as limitations on the number of Volume Units that may be processed within particular time periods, such as monthly or annually, or on the overall number of Volume Units that may be processed. The size of a page or other Volume Unit and the number of processor(s) cores used for processing may also be limited.

2.2. You acknowledge that the Software is protected from unauthorized copying and unlimited use and may include a Serial Number providing for such protection and You accept the Software subject to all such protections. Your Serial Number may require Activation and the number of Activations available to You may be limited. You may request Additional Activations during the entire period of support and maintenance services duration for the version of the Software that you acquired (purchased). Upon expiration of the duration of the support and maintenance services for the acquired (purchased) Software version, additional activations may not be available.

2.3. If You deploy and/or use the Software in a virtual environment, including, without limitation, by means of VMware, Citrix, the access to or use of the Software may in no way exceed the restrictions on the Software or the scope of the License that has been granted. For instance, one and the same Serial Number may not be used to permit use or access to the Software in a virtual environment by a number of computers, Authorized Users, or simultaneous Authorized Users that is greater than the number of computers, Authorized Users, or simultaneous Authorized Users for which a License has been properly obtained, nor may the Software be used to process more than the total number of volume units allowed by Your License.

2.4. You may not use the Software to provide paid or free recognition, conversion, scanning or document comparison services and/or to provide the results or access to the results acquired through the use of the Software as a part of another service that has recognition, conversion, scanning or document comparison as its component to any third party unless You have entered into a separate written agreement with ABBYY.

2.5. Subject to Sections 2.6 and 2.7 below, You may not bypass the Software’s user interface that is provided with the Software, or interact with the Software by means of automation software including, but not limited to, scripts, bots, Robotic Process Automation software unless you have entered into a separate written agreement with ABBYY.

2.6. If Your license is of the type defined in Sections 2.1.1.2 or 2.1.1.4 and is marked as “Extended CLI support” in the Quote, then You may bypass the Software user interface only by means of using command line interface.

2.7. If Your license is of the type defined in Sections 2.1.1.2 or 2.1.1.4 and is marked as “for RPA” in the Quote, then You may interact with the Software by means of Robotic Process Automation software.

2.8. Upgrades. If the Software is labeled as an “Upgrade” or is being provided to You as a replacement for one of the previous major versions of ABBYY FineReader, restrictions on Your use of the Software and the scope of Your License may include, but are not limited to, the following:

2.8.1 The software that formed the basis for Your eligibility for the Upgrade (Upgrade Basis Software) can be used after upgrade only on the same computer in compliance with the terms and conditions of the End User License Agreement supplied with the Upgrade Basis Software, unless otherwise specified in a separate written agreement for Upgrade with ABBYY.

2.8.1.1 If the Upgrade Basis Software was obtained on a subscription basis, it can be used after upgrade within a limited time only, namely: until the end of the subscription period during which the upgrade was made (Current Subscription Period). You must stop using the Upgrade Basis Software after the end of Current Subscription Period even if You have renewed Your Subscription to the Software for the next subscription period.

2.8.1.2 You acknowledge that ABBYY can stop providing technical support and maintenance services for the Upgrade Basis Software at any time, and these services therefore may become unavailable to You even if you continue using the Upgrade Basis Software.

2.8.2 Use of the Upgrade Basis Software may be prohibited by a separate written agreement with an Approved Source.

2.8.3 Notwithstanding anything to the contrary set forth in the SM Terms, if the Software was obtained together with a perpetual License: (i) SM Services to be provided to You for Your Software do not include the provision of any Upgrades; and (ii) You hereby waive any and all claims against ABBYY or any of its affiliates for not providing any such Upgrades. For the avoidance of doubt, this Section 2.8.3 does not affect the rights of consumers to have a digital product kept on a current state as, in particular, consumers will not be denied Updates, including security Updates, for a reasonable period of time governed by the respective legal regulations.

2.9 Except as provided for in Section 2.1.1.5, You may only make a one-time permanent transfer of this Software directly to another end user. If You are a legal entity, such a transfer requires written approval by ABBYY. Such transfer must include all of the Software (including all copies, component parts, the media and printed materials, and any Updates) and this EULA. Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation to not further transfer this EULA and Software. You must uninstall the Software from Your computer(s) or from Your local area network in the event of such Software transfer.

2.10 You may receive the Software on more than one medium (multiple-media Software), including downloads over the Internet. Regardless of the quantity or type of media You receive, You are only licensed to use the Software in accordance with the scope of Your License.

2.11 Any use of the Software or its component parts outside of or in contravention of the terms and conditions of this EULA shall constitute a breach of ABBYY’s and/or third parties’ intellectual property rights and shall give cause for the revocation of all rights to use the Software granted to You under this EULA.

2.12 No Other Rights. ABBYY reserves all rights not explicitly granted to You hereunder.

This Appendix A incorporates Product Specific Terms that apply to the ABBYY Software You acquire.

1. Additional Definitions

"License"means the non-exclusive and non-transferrable limited right granted to You by ABBYY to install and use the functionality of the Software in accordance with the terms and conditions of this EULA.

"Personnel" means Your employees, contractors, agents, and other work-related individuals.

"Project" means a specific analysis instance of a business process and is comprised of a project name, project owner, data representing process events and task recordings, and the authorized users and their rights. Each project has one and only one Process, but the same Process may be used in multiple Projects.

"Process" a process represents the unique process steps and tasks associated with a specific, finite business process.

"Process Mining" - a technology that analyzes and transforms Process Events in order to reconstruct the execution paths for each instance of those processes based on the data provided so that they can be analyzed using ABBYY Timeline.

"Event" - a data record, a log entry or in the case of Task Mining a recorded user action which represents a single occurrence of a business process step.

"Task Mining" means a technology that records desktop user actions to reconstruct one or more Tasks so that they can be analyzed using the Software.

"Task" means a set of user actions performed in one or more end-user desktop or virtual applications or hosted applications accessed via a web browser that corresponds to a finite number of operations necessary to complete a specific manual business process scenario. A Task is further comprised of a set of Task instances which were found using the Task Mining technology (for example, creating invoices, booking tickets, ordering shipping services, updating customer profile information, etc.).

"Recorder" means a separate component of the Software that is installed on individual user workstations and that is designed to record the business actions performed on those computers by Personnel involved in the business process You are analyzing.

"Recording Service" means a separately installed component of the Software that is typically installed on a central server different than individual user machines that is designed for managing Recorders, tracking Recorders’ status, collecting and storing data from Recorders.

"Software" means ABBYY Timeline including any and all of the software components embedded in it or made available online or in other ways such as: executables, help systems, example Projects and related data used for demonstrations and/or training, sample, and other files; libraries, databases, samples, associated media (Software documentation, images, photos, animations, audio components, video components, music, etc.), and other software components.

2. Limitations and Restrictions

2.1 The number of Volume Units (e.g. Projects, Processes, Events…) that may be processed with the Software may be limited in one or more ways. Processing volume limitations are specified in Your Protection Key, the Quote, and/or written agreement between You and an Approved Source.

2.2. Restrictions on Your Usage Rights may include, but are not limited to, the following: processing Volume Units, Subscription Term, territory. Information about such restrictions will be included in the applicable Quote.

2.3. If You deploy and/or use the Software in a virtual environment, including, without limitation, by means of VMware, Citrix, the access to or use of the Software may in no way exceed the restrictions on the Software, or the scope of the License that has been granted.

2.4. The use of particular features, add-ons and/or custom components of the Software may be limited by Your Protection Key and/or a written agreement between You and an Approved Source.

3. Your Process Mining and Task Mining Responsibilities

3.1 Task Mining functionality is disabled by default and is limited by the scope of your License. If included, it may only be used if (1) Recorder is permitted to be installed on computers of Personnel, (2) Recording Service is permitted to be installed in the same network as Recorders, and (3) Recorders are connected to Recording Service.

3.2. You acknowledge that this functionality may be related to the processing of personal data and confidential data. Before activating Process Mining or Task Mining, You shall make sure that your processes and practices related to the functioning of the Software comply with applicable laws and regulations, including those related to the processing and protection of personal data and the confidential information of Personnel. The Software provides flexible and configurable management settings that can help You comply with the requirements related to the processing of personal data and user privacy. You represent and warrant that You have obtained and (or) provided any necessary authorizations, consents, notices and other permissions that may be required under applicable laws and regulations prior to data processing, including, but not limited to, collection, using and disclosing, of information in the course of Your use of the Software. You shall defend, indemnify, keep indemnified and hold harmless ABBYY and its Affiliates from and against all claims, losses, damages, liabilities, fees, costs and expenses (including without limitation reasonable legal costs) incurred by ABBYY as a result of or in connection with Your compliance with Your processing of personal data using the Software or any violation of this clause.

This Appendix A incorporates Product Specific Terms that apply to the ABBYY Software You acquire.

1. Additional Definitions

“ABBYY Software, Software” means ABBYY® FineReader® Engine 12 for Windows, ABBYY® FineReader® Engine 12 for Linux, ABBYY® FineReader® Engine 12 for Mac OS including any and all software components (add-ons, custom components, and modules, etc.) embedded in the software or made available online or other ways such as: executable, help, demo, sample and other files; libraries, databases, samples, associated media (images, photos, animation, audio-video components, music etc.), printed materials, and other software components.

“Activation” means the procedure whereby the Protection Key is checked for validity and the installed Software is made fully operational in accordance with the documentation accompanying the Software and the scope of Your License. Activation may be performed either: (i) by means of a USB dongle as hardware Protection Key plugged into the Computer where the Software is used; (ii) by means of a software Protection Key on a Physical Workplace or a Virtual Workplace where the Software is used; (iii) by Online license.

“Activated Protection Key” means the Protection Key for which Activation was successfully performed.

“Application” means the computer program, or set of computer programs, developed by You, or on Your behalf, which includes parts of the Software or otherwise interacts with the Software. If there is more than one Application, an individual License is required for each Application.

“Computer” means a specific physical device or Virtual Machine that may consist of one or more CPU (central processing unit) cores and running a specified operating system. Any changes to the configuration or composition of the Computer could result in the Computer being considered a different Computer for licensing purposes.

“Internal Use” ” means use of the Application for Your internal business operations and/or automation of Your internal processes. Internal Use excludes distribution, transfer, or licensing of the Software to any third parties or use of the Software to provide Business Process Outsourcing (BPO) services (or any other services where customers are provided with the recognition results of the Software) to any third parties.

"License" means the non-exclusive and non-transferrable limited right granted to You by ABBYY to install and use the functionality of the ABBYY Software in accordance with the terms and conditions of this EULA. The following two types of Licenses (hereinafter collectively referred to as “Licenses”) may be granted:

• “Developer License” means the right to integrate parts of the Software into the Application during the term of this EULA or during the term stated in the applicable invoice.
• “Runtime License” means the right to use and reproduce parts of the Software integrated into one copy of the Application during a specified term during which You are granted the right to use the ABBYY Software.

“Online License” means Software activation over the internet, without Your involvement or support. It is a license key on ABBYY’s side for which a renewable permission(s) is provided to You to use Software over the internet.

“Physical Workplace” means one copy of the computer programs and operating system run on a Computer without the use of a Virtual Machine.

“Virtual Workplace” means one copy of the computer programs and operating system run on a Computer by means of a Virtual Machine.

“Workplace” means one (1) Physical Workplace or one (1) Virtual Workplace.

“Virtual Machine” means any computer program that isolates applications executed within an operating system from the Computer, enabling the user to save and restore the original state of the computer programs and the operating system, create their copies, and run them.

2. License Grant and Usage Restrictions

In order to use the Software, You should perform Activation of the Software after installation.

2.1.1. Number of Activations. The Software requires an Activated Protection Key to be used. The ability to perform the Activation on a Virtual Workplace is limited. Additionally, if the Protection Key is activated on a Virtual Workplace, the use of the Software on public cloud services (i.e. Microsoft Azure and Amazon Web Services) is subject to an additional ABBYY approval and/or agreement.

2.1.2. Processing volume. The number of Volume units that may be processed by the Software may be limited in one or more ways, such as limitations on the number of Volume units being placed that may be processed within time periods, such as monthly, quarterly or annually, or on the overall number of pages that may be processed. The size of a page and the number of data fields per document may also be limited. Some types of Licenses could require You to provide an uninterruptable access to the Internet in order to check the number of processed pages and to block the Software functionality if Your License is invalid or if Your Processing Volume limitations are exceeded.

2.1.3. Features, Add-ons, and Custom Components. The use of particular features, add-ons, and/or custom components of the Software may be limited by the Protection Key and/or a written agreement between You and Approved Source, and/or the documentation accompanying the purchase.

2.1.4. Processing Power. The number of CPU (central processing unit) cores of the Computers which can be utilized by the Software may be limited by the Protection Key and/or a written agreement between You and Approved Source, and/or the Quote.

2.1.5. Duration. Use of the Software may be limited by a fixed period of time, and the Software may not be used after the expiration of such time period.

2.1.6. Installation Method.Your ability to install and use the Software on multiple Workplaces may be limited. For instance, limitations may provide for the Software to be used: (i) on any Workplace with a network connection to the Workplace where Protection Key is Activated (“concurrent licensing”); or (ii) on the same Workplace where Protection Key is Activated (“standalone licensing”). In case of standalone licensing various terminal server users running the Software may be either allowed or not to jointly utilize one set of CPU cores.

2.2 Whenever applicable, if You deploy or use the Software in a virtual or cloud software environment, including but not limited to VMware, Citrix, Microsoft Azure, Amazon AWS, or ghosting, at no time may multiple machines or devices use the same Software’s Protection Key, unless the equivalent License to machine/device quantity has been purchased. Furthermore, You agree that Your actual usage of the Software may not exceed the scope of the License purchased (obtained) by You from the Approved Source (including, but not limited to, the restriction on total processing volume). You may not restore a saved state of virtual environment to circumvent processing volume limitation, and You may not circumvent duration limitation by setting an untrue date in a virtual environment.

2.3 If You deploy the Software by using terminal services which allow accessing the Software on a remote Computer over a network, the amount of simultaneously running instances of the Software may not exceed the number of Computers for which a License has been obtained.

2.4 If You use the Software by means of a Web browser, You may simultaneously access the Software by as many Computers as permitted by the scope of Your License and specified in the Protection Key and/or written agreement between You and Approved Source.

2.5 You may receive the Software on more than one medium (multiple-media Software), including downloads over the Internet. Regardless of the quantity or type of media You receive, You are only licensed to use the Software in accordance with the scope of Your License.

2.6 You may not use the Software as part of any service that provides the results or access to the results acquired through the use of the Software (including recognition, conversion or data capture) (e.g.BPO), to any third party unless You have signed a separate written agreement with ABBYY.

2.7 You may not distribute copies of the Software or parts of the Software or the Application to any third parties. You may not transfer the License or the Software to any third parties.

2.8 You shall display information about the trademarks that belong to ABBYY and about any other rights of ABBYY to the results of intellectual activity as specified below in Application documentation:

For ABBYY FineReader Engine 12 for Windows, ABBYY FineReader Engine 12 for Linux, or ABBYY® FineReader® Engine 12 for Mac OS:

This software includes ABBYY® FineReader® Engine 12 recognition technologies © 2023 ABBYY Development Inc. ABBYY, ABBYY FINEREADER and FINEREADER are either registered trademarks or trademarks of ABBYY Development Inc. and/or its affiliates. These designations can also be logos, product or company names (or part of any of the above) of ABBYY Development Inc. and/or its affiliates and may not be used without consent of their respective owners.

2.9 Subcontractors. You may hire or engage one or more subcontractors to develop Your Application (which is integrated with the Software); provided, that (i) ABBYY shall not be required to grant a license to Your subcontractors (ii) Your subcontractor is bound by all limitations of use of the Software, stated in this EULA while integrating the Software into Your Application (iii) You shall in all cases remain responsible of Your obligations under this EULA whether Your subcontractors comply with the terms of using Software, stated in this EULA, or not.

2.10 In the event You develop an Application (which is integrated with the Software) other than for the purpose of Your Internal Use, You shall enter into a separate written agreement with ABBYY prior to any use of any Runtime Licenses for your Application.

3. Privacy

3.1. The Software sends to ABBYY the pseudo-anonymized information about the Application identification data of end user’s device during the Activation, deactivation, and re-activation of the Application, and/or end user’s usage of Licenses and/or information about number of units (e.g. pages, fields, or documents, depending on the Software and type of license) recognized through the use of the License during the Activation, deactivation, and re-activation of the Application or while using the Application (if applicable). Some types of License protections could require uninterruptable access to the Internet to manage the license restrictions, stated in the Protection Key and/or in written agreement with ABBYY or ABBYY Partner or in invoice. The aforementioned information about the end user’s use of the Software shall be used for security (e.g., fraud prevention) and statistical (e.g., billing, and analytical) purposes.

4. No Other Rights. ABBYY reserves all rights not explicitly granted to You hereunder.

This Appendix A incorporates Product Specific Terms that apply to the ABBYY Software You acquire.

1. Additional Definitions

“ABBYY Software, Software” means ABBYY® Mobile Web Capture including any and all software components (add-ons, custom components, and modules, etc.) embedded in the software or made available online or in other ways such as: executable, help, demo, sample and other files; libraries, databases, samples, associated media (images, photos, animation, audio-video components, music etc.), printed materials, and other software components.

“Activation” means the procedure whereby the distribution kit is unzipped (installed) and the Protection Key is checked for validity and the installed Software is made fully operational in accordance with the documentation accompanying the Software and the scope of Your License.

“Application” means the computer program, or set of computer programs, developed by You, or on Your behalf, which includes parts of the Software or otherwise interacts with the Software. If there is more than one Application, an individual License is required for each Application.

"License" means the non-exclusive and non-transferable limited right granted to You by ABBYY to install and use the functionality of the ABBYY Software in accordance with the terms and conditions of this EULA, including:

• The right to integrate the Software or some parts of it into the Application during the term specified by the Protection Key, as stated in a separate written agreement between You and ABBYY or an ABBYY Partner, and/or the documentation accompanying the purchase.
• The right to reproduce the Software or its parts integrated into copies of the Application during the term specified by the Protection Key, as stated in the separate written agreement between You and ABBYY or an ABBYY Partner, and/or the documentation accompanying the purchase.
• The right to publicly display UI Components of the Software as a part of Your web Application during the term specified by the Protection Key, as stated in the separate written agreement between You and ABBYY or an ABBYY Partner, and/or the documentation accompanying the purchase.

“Permitted Use” means the use of the Software for the development of the Application for 1) optimization of Your internal business operations, 2) automation of Your business processes, and/or 3) distribution of such Application to Your customers, but only to the extent that such Application (i) uses Software for providing functionality simplifying Your business processes and (ii) is distributed free of charge.

You are not allowed to distribute Your Application outside the scope of Permitted Use, license the Software to any third parties or use the Software to provide BPO services (or any other services where customers are provided with the recognition results of the Software) to any third parties.

“UI Component” means a set of pre-built user interface screens, which can be integrated into a web application using API methods.

2. License Grant and Usage Restrictions

In order to use the Software, You should perform Activation of the Software after installation (if applicable).

2.1.1 If You acquired the Software on a Subscription-based model, Your rights to use the Software are limited to the subscription terms which become an integral part of this EULA and which may be found via this link: https://www.abbyy.com/en-us/legal/subscription-terms/

The subscription-based model means that You shall pay a subscription fee(s) in order to use Software under the conditions of this EULA and the subscription terms during the specific time period (Subscription term). After the expiration of the Subscription term, the functionality of the Software will be no longer available until You make a payment to extend Your subscription period.

2.1.2. Features, Add-ons, and Custom Components. The use of particular features, add-ons, and/or custom components of the Software may be limited by the Protection Key and/or a written agreement between You and Approved Source, and/or the documentation accompanying the purchase.

2.1.3. Duration. Use of the Software may be limited by a fixed period of time, and the Software may not be used after the expiration of such time period. Upon expiration of this duration, if it has not been extended in accordance with the terms of the EULA, a separate written agreement between You and ABBYY or an ABBYY Partner, and/or the documentation accompanying the purchase, You must destroy all copies of the Software, and all of its component parts and remove the Software from Your Application.

2.2. Whenever applicable, if You deploy or use the Software in a virtual or cloud software environment, including but not limited to VMware, Citrix, Microsoft Azure, Amazon AWS, or ghosting, at no time may multiple machines or devices use the same Software’s Protection Key, unless the equivalent License to machine/device quantity has been purchased. Furthermore, You agree that Your actual usage of the Software may not exceed the scope of the License purchased (obtained) by You from the Approved Source (including, but not limited to, the restriction on total processing volume). You may not restore a saved state of a virtual environment to circumvent processing volume limitation, and You may not circumvent duration limitation by setting an untrue date in a virtual environment.

2.3. You may receive the Software on more than one medium (multiple-media Software), including downloads over the Internet. Regardless of the quantity or type of media You receive, You are only licensed to use the Software in accordance with the scope of Your License.

2.4.You may not use the Software as part of any service that provides the results or access to the results acquired through the use of the Software (including recognition, conversion or data capture) (e.g.BPO), to any third party unless You have signed a separate written agreement with ABBYY.

2.5. You may not distribute copies of the Software or parts of the Software or the Application to any third parties except in the case of Permitted Use. You may not transfer the License or the Software to any third parties.

2.6. You shall display information about the trademarks that belong to ABBYY and about any other rights of ABBYY to the results of intellectual activity as specified below in Application documentation:

This software includes ABBYY® Mobile Web Capture © 2024 ABBYY Development Inc. ABBYY is either a registered trademark or trademark of ABBYY Development Inc. and/or its affiliates. These designations can also be logos, product or company names (or part of any of the above) of ABBYY Development Inc. and/or its affiliates and may not be used without the consent of their respective owners.

2.7. Subcontractors. You may hire or engage one or more subcontractors to develop Your Application (which is integrated with the Software); provided, that (i) ABBYY shall not be required to grant a license to Your subcontractors (ii) Your subcontractor is bound by all limitations of use of the Software, stated in this EULA while integrating the Software into Your Application (iii) You shall in all cases remain responsible of Your obligations under this EULA whether Your subcontractors comply with the terms of using Software, stated in this EULA, or not.

2.8. You shall display the proprietary rights notices in Your Application (and/or its documentation) in accordance with Exhibit A hereto.

2.9. You shall explicitly state in the Application EULAs and/or Terms of Use the terms set forth in Exhibit A hereto. In any case, You shall distribute the Application under the terms that protect the Software at least as much as Exhibit A and this EULA.

2.9.1. Upon download of a copy of the Software, You shall read and understand the terms governing the use of the third-party technologies provided within the Software and/or displayed in the documentation accompanying the Software.

2.9.2. ABBYY may unilaterally change the terms set forth in Exhibit A and/or the terms related to the use of third-party technologies contained in the Software. The changed terms will be provided in the documentation accompanying the Software.

3. No Other Rights. ABBYY reserves all rights not explicitly granted to You hereunder.

3.1. The Software sends to ABBYY the pseudo-anonymized information about the Application identification data of end user’s device during the Activation, deactivation, and re-activation of the Application, and/or end user’s usage of Licenses and/or information about number of units (e.g. pages, fields, or documents, depending on the Software and type of license) recognized through the use of the License during the Activation, deactivation, and re-activation of the Application or while using the Application (if applicable). Some types of License protections could require uninterruptable access to the Internet to manage the license restrictions, stated in the Protection Key and/or in written agreement with ABBYY or ABBYY Partner or in invoice. The aforementioned information about the end user’s use of the Software shall be used for security (e.g., fraud prevention) and statistical (e.g., billing, and analytical) purposes.

Exhibit A to APPENDIX A. PRODUCT SPECIFIC TERMS

TERMS OF THE APPLICATION END-USER LICENSE AGREEMENT AND PROPRIETARY RIGHTS NOTICE

1. APPLICATION EULA TERMS

Whereas the Application incorporates ABBYY Mobile Web Capture, You shall comply with and reproduce the following terms of Section 1 therein verbatim in the Application EULA:

1.1. The End User may not perform or make it possible for other persons to perform any of the following activities infringing the rights of the owner of ABBYY Mobile Web Capture:

1.1.1. Reverse engineer, disassemble or decompile (i.e. reproduce and transform the object code into source code) or otherwise attempt to derive the source code for ABBYY Mobile Web Capture, or any part, 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 shall not be disclosed to third parties with the exception that such disclosure is required by law and such information shall be promptly disclosed to ABBYY. All such information shall be deemed to be confidential and proprietary information of ABBYY;

1.1.2. Modify ABBYY Mobile Web Capture, including making changes to the object code of the applications and databases contained in ABBYY Mobile Web Capture other than those changes that can be made by means of ABBYY Mobile Web Capture as described in the documentation;

1.1.3. Transfer the right to use ABBYY Mobile Web Capture to third parties or make it possible to use ABBYY Mobile Web Capture for persons who have no right to use the Application.

1.2. ABBYY Mobile Web Capture is provided “as is.” ABBYY does not warrant that ABBYY Mobile Web Capture will contain no errors, nor will it be liable for any damages, including damages for loss of business profits or disclosure of confidential information.

1.3. Export Rules. The End User shall not export or re-export ABBYY Mobile Web Capture in violation of any export provisions in force in the country where the End User purchased the Application, or in violation of any other applicable legislation.

1.4. . If any part of the Application EULA is found void and unenforceable, it will not affect the validity of the balance of the Application EULA, which shall remain valid and enforceable according to its terms. The Application EULA shall not prejudice the statutory rights of any party dealing as a consumer.

2. PROPRIETARY RIGHTS NOTICE

Whereas the Application incorporates ABBYY Mobile Web Capture, You must include the following proprietary rights statement in the “About” section of Your Application, and/or EULA, and/or documentation of Your Application, and/or webpage (e.g. Third-party trademarks) on the website utilizing ABBYY Mobile Web Capture, where You place proprietary rights notices pertaining to third party software incorporated in Your Application:

• This software includes ABBYY Mobile Web Capture © 2023 ABBYY Development, Inc.
• ABBYY is a registered trademark or a trademark of ABBYY Development, Inc.