End-User License Agreement
ABBYY reserves the right to unilaterally amend, in whole or in part, the Terms without prior notice. Any amendments to these Terms shall take effect immediately, unless stated otherwise in the Terms.
These Terms become effective upon Your first use of the Portal You acknowledge that You have read and understood the terms of these Terms and agree to be bound thereby.
If You are disagree with the Terms hereof, do not use the Portal, all materials and resources available on this Portal.
These Terms may be available in different languages. There may be inconsistencies or differences in interpretation between the English version of the Terms and those Terms made available in other languages. For the sake of uniformity and to avoid any ambiguity, the English version of these Terms shall govern in all disputes, claims or proceedings to interpret, enforce or otherwise relating to the Terms.
1.1. "ABBYY" means:
ABBYY USA Software House Inc. registered at 880 North McCarthy Boulevard, Suite 220, Milpitas, California 95035, USA, when paragraph 9.1 of these Terms applies;
ABBYY Europe GmbH registered at Elsenheimerstrasse 49, 80687 Munich, when paragraph 9.2 of these Terms applies;
ABBYY UK Ltd. Registered at Heathrow Business Centre, 65 High Street, Egham, Surrey TW20 9EY, United Kingdom, when paragraph 9.3 of these Terms applies;
ABBYY Production LLC registered at 1-ya ul. Tekstilshikov, d. 12/9, office 2, 109390, Moscow, Russia, when article 9.4 of this EULA applies;
ABBYY Software House Ukraine registered at 31, Degtyarevskaya str., Kiev, Ukraine 03680, when paragraph 9.5 of these Terms applies;
and ABBYY Solutions Ltd., registered at Michail Karaoli 2, Egkomi CY 2404, Nicosia, Cyprus, in all other cases.
1.2. "Portal" means the web site http://FineReaderOnline.com, all materials and resources on it.
1.3. "FineReader Online Service" means ABBYY’s document recognition service which You may use to upload machine printed text and image files, have optical character recognition performed on uploaded image files, save the results of optical character recognition, download the results of optical character recognition, and access the results of optical character recognition (hereinafter referred to as "Service").
1.4. "Registration" means Your completing the Registration Form and activating Your Login and Password (You may also be asked to confirm Your e-mail address) or signing up to the Portal using Your Google, Facebook or Microsoft accounts for authentication.
1.5. "Registration Form" means the set of fields that You must complete in order to become a registered user of the Portal. By completing the Registration Form You obtain a unique Login and Password.
1.6. "Login and Password" means two unique strings that You provide during Registration on the Portal, the Login being Your e-mail address. The combination of these two unique sets of characters identifies You and enables You to pay for products and the right granted to You on the Portal. Some of the features of the Portal are not accessible to unregistered users.
1.7. "Interface Languages" means the languages in which the most important texts of the Portal are available. You can select an Interface Language by clicking on the link that bears the abbreviated name of the desired language. The currently available Interface Languages are Russian, English, and French. The abbreviated name of the Russian Interface Language is "Русский", the abbreviated name of the English Interface Language is "English", and the abbreviated name of the French Interface Language is "Francais".
1.8. "Profile" means the operational settings of the Portal that become available to You upon Registration. Your Profile becomes accessible to You after You enter Your Login and Password. Your Profile can be accessed by clicking on the link bearing the name "Profile," or its equivalent in the current Interface Language, on any page of the Portal.
1.9. "User Data" means any texts, documents, audio files, video files, image files, messages, comments, and/or any other content uploaded by You and/or other users to the Portal.
1.10. Contact e-mail address: firstname.lastname@example.org.
1.11. "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.
1.12. "You", "Your" and "End User" refer to and include any person and/or any entity that uses the Portal and/or Service.
2. SUBJECT MATTER
2.2. ABBYY undertakes to grant You the right to access the FineReader Online Service. To obtain the right to access the said Service, You must pay a consideration (the amount payable depends on the number of pages to be recognized). You may also use the said Service in a free mode. To see the pricing plans use the following link https://FineReaderOnline.com/en-us/Store.
2.3. All rights to the Portal, Service and other ABBYY’s intellectual property not expressly granted to You by the Terms are reserved by ABBYY. The Terms does not grant You any rights in connection with the Portal, Service or any trademarks of ABBYY.
2.4. Any use of the Portal, Service outside of or in contravention of the Terms 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 Portal, Service granted to You under these Terms.
3. OBLIGATIONS OF THE PARTIES
3.1. ABBYY’s rights and obligations:
3.1.1. ABBYY reserves the right to change the content of this Portal, all resources, and materials available via the Portal.
3.1.2. 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 these Terms; steps aimed at disrupting the operation of the Portal and/or Service; steps aimed at publishing information on the Portal that is in breach of these Terms 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 to the Portal, Service and access right to all resources by blocking Your account and perform any or all of the following: a) refuse to accept any of Your User Data that You may attempt to upload to the Portal, (b) block access to Your User Data, and (c) delete any of Your User Data at any time.
3.1.3. ABBYY may interrupt or permanently terminate the Portal and/or 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 Portal and/or Service.
3.1.4. Upon Your Registration with the Portal, ABBYY may send You e-mail messages with news about ABBYY and ABBYY products and services, special offers, tips on using ABBYY products, and other information related to ABBYY’s activities, provided that You explicitly agreed to receive such e-mail messages from ABBYY during Registration. You may remove Your e-mail address from ABBYY’s mailing list at any time by changing the corresponding setting in Your Profile.
3.1.5. ABBYY may restrict the use of the Portal and access right to all resources, including the allowed period of use and allowed use of the data available thereon. For more information about the use restrictions please visit the Portal at http://FineReaderOnline.com.
3.1.6. ABBYY may publish on the web pages of the Portal advertisement and any other content permitted by applicable laws.
3.2. Your rights and obligations:
3.2.1. You may use the Portal and the Service under the terms of these Terms. You may get the access right to the resources available on the Portal and other mentioned web pages under the term of these Terms.
3.2.2. You may register with the Portal by completing the Registration Form and activating Your Login and Password in order to be able to pay for products and resources available via the Portal and to be able to access the features that become available after You sign in to the Portal using Your Login and Password. You agree to provide accurate information about Yourself in the fields of the Registration Form.
3.2.3. After Registration, You may sign in to the Portal using Your Login and Password. You shall be solely responsible for the safekeeping of Your Password and for any actions performed under Your Login. You shall immediately inform ABBYY of any instances of unauthorized access to the Portal under Your Login and Password and/or of any other security breach that comes to Your notice.
3.2.4. You warrant that You have all the necessary rights to transfer or upload User Data to the Portal, Service and that Your doing so does not breach any applicable laws 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 by such transfers and uploads.
3.2.5. You agree to be responsible for all of Your User Data, either made publicly available or transferred privately to another user or third parties.
3.2.6. 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 these Terms.
3.2.7. You may use the Portal, its resources, Service, and results obtained through its use solely for lawful purposes. You may not, by yourself or through cooperation with others:
- copy any of the design elements of the Portal and resources or copy any other materials that may not be copied under the terms of these Terms without the prior written consent of 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;
- impersonate another person or a representative of an organization, including ABBYY employees and forum moderators, or make misleading statements about the properties and characteristics of any subjects or objects;
- 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 Portal and/or Service;
- collect information and/or interact with the Portal, Service and/or resources by means of automated scripts or software;
- use other users’ Logins to sign in to the Portal and/or resources;
- collect and store personal data of other users of the Portal and/or Service;
- disrupt the normal operation of the Portal and/or Service;
- register with the Portal under multiple Logins.
3.2.8. You may terminate Your relations with ABBYY at any time by ceasing Your use of the Portal, Service and/or access right to resources.
3.2.9. You may deactivate Your Login and Password by clicking on the "Delete Account..." button on the Profile page.
3.2.10. You assume full responsibility and all risks arising from Your use of the Portal and/or the Service.
3.2.11. You agree that no money will be refunded to You even if You do not use the functionality of the FineReader Online Service or fail to use up all of the pages credited to Your Profile.
3.3. The use of the Portal:
3.3.1. You may not use, or allow others to use, the Portal, Service to provide optical character recognition, conversion 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 Portal and/or resources available on the Portal to third parties as part of any service.
3.3.2. You agree that ABBYY may restrict the use of the Portal and/or the access right to the resources available on the Portal, including the data storage period and the maximum number of pages that You can process upon Registration.
3.3.3. You may not bypass the Portal’s and Service’s interface, without an additional written agreement with ABBYY, including use of the Portal and Service in aggregate with any other service or software.
3.3.4. You may not perform or make it possible for other persons to perform any activities included in the list below:
126.96.36.199. Reverse engineer, disassemble, decompile (i.e. reproduce and transform the object code into source code) or otherwise attempt to derive the source code for the Portal, Service 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 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.
188.8.131.52. Modify, adapt (including any changes for the purpose of enabling the Portal or Service to run on Your hardware), making any changes to the object code of the Service, Portal, applications and databases contained in the Portal or Service other than those provided for by the Portal and Service and described in the documentation.
184.108.40.206. Correct errors in the Portal or Service, or translate the Portal, Service without the prior written consent of ABBYY.
220.127.116.11. Rent, lease, sublicense, assign or transfer any rights granted to You by these Terms 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.
18.104.22.168. Remove, change or obscure any copyright, trademark or patent notices that appear on the Portal or its materials.
4. PRICES AND PAYMENT
4.1. Certain of the access right to the resources available via the Portal are granted for a fee. The information about the prices and the payment procedure is an integral part of these Terms and is available in the Store section at https://FineReaderOnline.com/en-us/Store.
4.2. If the currency of user’s account is not the same as the currency in which services are priced, all currency conversions will be made at the exchange rate of user’s bank or payment system. The FineReader Online Store does not perform currency conversions.
4.3. ABBYY may change the prices and the payment procedure at any time.
5. LIMITED LIABILITY
5.1. 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.
5.2. 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.
5.3. ABBYY shall not be liable for any delay, malfunction, missed or late delivery, removal or loss of any of Your data.
5.4. ABBYY does not warrant that:
- the Portal, Service and/or available resources meet Your requirements or are fit for any particular purpose;
- the materials available on the Portal and/or available resources and/or the results obtained through the use of the Portal, Service and/or available resources are accurate, complete or useful;
- the operation of the Portal, Service and/or available resources will be continuous or uninterrupted or free from error;
- any data obtained through the use of the Portal, Service and/or available resources, or any information, materials or answers published on the Portal, or any hyperlinks will always be available on the Portal and/or resources;
- the quality of any product, resources, work or data obtained through the use of the Portal, Service and/or resources will meet Your expectations;
- all errors on the Portal, service and/or resources will be corrected.
5.5. The Portal, the Service, the resources, and all the information therein are provided to You "as is," with any errors or omissions. All links to third-party products, works or services are provided for information purposes and shall not be taken to imply that ABBYY endorses or recommends such products, works or services.
5.6. IN NO EVENT WILL ABBYY BE LIABLE TO YOU FOR ANY DAMAGES, BUSINESS INTERRUPTION, LOSS OF DATA OR INFORMATION OF ANY KIND, BUSINESS OR OTHERWISE, CLAIMS OR COSTS WHATSOEVER, OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR ANY LOST PROFITS OR LOST REVENUE RESULTING FROM AND/OR RELATING TO THE USE OF THE PORTAL, OR DAMAGES CAUSED BY POSSIBLE ERRORS OR MISPRINTS ON THE PORTAL’S WEBSITE, EVEN IF AN ABBYY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ABBYY’S SOLE AND AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THE TERMS SHALL BE LIMITED TO THE PURCHASE PRICE ORIGINALLY PAID FOR THE USAGE OF THE PORTAL, IF ANY.
5.7. ABBYY is under no obligation to review materials or information that users may publish on the Portal or the resources, send by e-mail or transmit in any other way in the course of using the Portal and/or Service. ABBYY does not warrant that such materials or information are accurate, true, complete, timely, and of good quality, or that they will meet Your needs and requirements. ABBYY assumes no responsibility for such materials or information.
5.8. ABBYY assumes no responsibility for any User Data published by You and/or other users on the Portal. ABBYY assumes no obligation to maintain the confidentiality of User Data. ABBYY is not liable for violation of these Terms as a result of incorrect indication of e-mail during the Registration, as well as for the possibility that as a result of incorrect indication of e-mail ABBYY may disclose information, contained in a recognized files, to any third parties, who might receive such a documents on their e-mail (i.e. on wrong address) . Please, check Your e-mail during the Registration. Registration is automatic, without Your additional confirmation.
6.1. All product names are the trademarks or registered trademarks of their respective owners.
6.2. 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.
6.3. All the third-party trademarks referred to in these Terms, are the intellectual property of their respective owners.
6.4. No title to any of ABBYY’s Intellectual Property Rights (including the Portal, Service and any ABBYY patents, trademarks, or copyrights) is transferred to You. You shall not, in any way, during or after the term of the Terms, 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.
6.5. No title to any of Yours Intellectual Property Rights is transferred to ABBYY.
6.6. The Portal 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 Russian Federation, international treaty provisions, and the applicable laws of the country in which it is being used or obtained.
6.7. All title and rights in and to the content that is not contained on the Portal, Service, but may be accessible through the use of the Portal and/or Service are the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and international treaties. These Terms do not grant You any rights to such intellectual property.
7. LINKS TO THIRD-PARTY WEBSITES
7.1. For Your convenience, the Portal and/or available resources 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.
7.2. Any references to third-party products or services that may be published on the Portal and/or on the available resources 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.
8. THIRD-PARTY TECHNOLOGIES
8.1. Embedded Fonts. Font programs are subject to copyright, and the copyright owner may impose conditions under which a font program can be used. One of the conditions may be that You need a licensed copy of the font program to embed the font into a PDF file. In no event shall ABBYY be liable for any damages arising out of or in connection with Your use of embedded fonts.
8.2. Adobe® PDF Library.
8.2.1. The term "Adobe Software" includes Adobe Technology and related documentation, and any upgrades, modified versions, updates, additions, and copies thereof.
8.2.2. License Grant and Restrictions. ABBYY grants You a non-exclusive right to use the Adobe Software under the terms of this EULA. You may make one backup copy of the Adobe Software, provided the backup copy is not installed or used on any computer.
8.2.3. Intellectual Property Rights. The Adobe Software incorporated into the SOFTWARE is owned by Adobe and its suppliers, and its structure, organization and code are the valuable trade secrets of Adobe and it suppliers. The Adobe Software is also protected by United States Copyright law and International Treaty provisions. You may not copy the Adobe Software, except as provided in this EULA. Any copies that You are permitted to make pursuant to this EULA must contain the same copyright and other proprietary notices that appear on or in the Adobe Software. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Adobe Software. Except as stated above, this EULA does not grant You any intellectual property rights in the Adobe Software.
8.2.4. Font License. If the Adobe Software includes font software You may embed the font software, or outlines of the font software, into Your electronic documents to the extent that the font vendor copyright owner allows for such embedding. The fonts contained in this package may contain both Adobe and non-Adobe owned fonts. You may fully embed any font owned by Adobe.
8.2.5. Warranty. ABBYY AND ITS SUPPLIER DO NOT AND CANNOT WARRANT THE PERFORMANCE RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE.
8.2.6. Export Rules. You agree that the Adobe Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws") - In addition, if the Adobe Software is identified as export controlled items under the Export Laws, You represent and warrant that You are not a citizen, or otherwise located within, an embargoed nation and that You are not otherwise prohibited under the Export Laws from receiving the Adobe Software. All rights to use the Adobe Software are granted on condition that such rights are forfeited if You fail to comply with the terms of this EULA.
8.2.7. Trademarks. Adobe and Adobe PDF Library are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.
8.3. ZLIB DATA COMPRESSION LIBRARY.
8.3.1. Copyright © 1995-2004 Jean-loup Gailly and Mark Adler.
8.3.2. This software is provided "as-is", without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.
8.3.3. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
22.214.171.124. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
126.96.36.199. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
188.8.131.52. This notice may not be removed or altered from any source distribution.
8.4. JasPer License Version 2.0.
8.4.1. Copyright © 2001-2006 Michael David Adams.
8.4.2. Copyright © 1999-2000 Image Power, Inc.
8.4.3. Copyright © 1999-2000 The University of British Columbia.
8.4.4. All rights reserved.
8.4.5. Permission is hereby granted, free of charge, to any person (the "User") obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
184.108.40.206. The above copyright notices and this permission notice (which includes the disclaimer below) shall be included in all copies or substantial portions of the Software.
220.127.116.11. The name of a copyright holder shall not be used to endorse or promote products derived from the Software without specific prior written permission.
8.4.6. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. THE SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE. NO ASSURANCES ARE PROVIDED BY THE COPYRIGHT HOLDERS THAT THE SOFTWARE DOES NOT INFRINGE THE PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER ENTITY. EACH COPYRIGHT HOLDER DISCLAIMS ANY LIABILITY TO THE USER FOR CLAIMS BROUGHT BY ANY OTHER ENTITY BASED ON INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. AS A CONDITION TO EXERCISING THE RIGHTS GRANTED HEREUNDER, EACH USER HEREBY ASSUMES SOLE RESPONSIBILITY TO SECURE ANY OTHER INTELLECTUAL PROPERTY RIGHTS NEEDED, IF ANY. THE SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT INTENDED FOR USE IN MISSION-CRITICAL SYSTEMS, SUCH AS THOSE USED IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE OR SYSTEM COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). THE COPYRIGHT HOLDERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
8.5. The Independent JPEG Group's JPEG software.
8.5.1. This software is based in part on the work of the Independent JPEG Group (Independent JPEG Group’s Software).
8.6. Other licensed technologies. This SOFTWARE is used under license of the following U.S. Patent 5,768,416.
9. GOVERNING LAW
9.1. If You use the Portal and/or You were granted the access right to available resources in the United States, Canada, Mexico, Belize, Costa-Rica, Salvador, Guatemala, Honduras, Montserrat, Nicaragua, Panama, Turks and Caicos Islands, Virgin Islands, Taiwan or Japan, these Terms shall be governed by and construed in accordance with the substantial laws in force in the State of California, United States of America. Proceedings arising out of or relating to these Terms shall be brought exclusively in the federal court and/or state courts for the County of Santa Clara in and of the State of California in the United States of America. You acknowledge that if You use the FineReader Online Portal in the United States of America, the FineReader Online Portal is provided to You by ABBYY USA Software House Inc.
9.2. If You use the Portal and/or You were granted the access right to available resources in Austria, Belgium, Denmark, Finland, France, Germany, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden, or in any other member state of the European Union (except for Greece, Cyprus, and Malta) that is not explicitly specified in paragraphs 9.3, 9.4 or 9.5 of these Terms, or in Switzerland, Norway, Iceland or Liechtenstein, these Terms shall be governed by and construed in accordance with the substantial laws in force in Munich, the Federal Republic of Germany, and the competent court of Munich, the Federal Republic of Germany, shall have jurisdiction over all disputes relating to these Terms.
9.3. If You use the Portal and/or You were granted the access right to available resources in the United Kingdom of Great Britain and Northern Ireland or in the Republic of Ireland, these Terms shall be governed by and construed in accordance with the laws of England and Wales. Any and all disputes, controversies or differences in opinion arising out of or relating to these Terms shall be resolved through the jurisdiction of courts of England and Wales.
9.4. If You use the Portal and/or You were granted the access right to available resources in Russia, Byelorussia, Kazakhstan or any other member state of the Commonwealth of Independent States (except for Ukraine and Moldova) or in Georgia, Latvia, Lithuania or Estonia, these Terms shall be governed by and construed in accordance with the substantial laws in force in the Russian Federation.
9.5. If You use the Portal and/or You were granted the access right to available resources in Albania, Bosnia and Herzegovina, Bulgaria, Croatia, the Czech Republic, Hungary, Israel, Macedonia, Poland, Romania, Slovakia, Slovenia, Turkey, Serbia, Montenegro, Ukraine or Moldova, these Terms shall be governed by and construed in accordance with the laws of Ukraine. This paragraph shall not apply to persons that have the status of consumer according to the Civil Code of Poland, in which case these Terms shall be governed by and construed in accordance with the laws of Poland.
9.6. If paragraph 9.5 applies and You are a legal person or the sole proprietor of a business, any and all disputes, controversies or differences in opinion arising out of or relating to these Terms shall be finally resolved through arbitration by the International Commercial Arbitration at the Ukrainian Chamber of Commerce and Industry, whose judgment shall be final and binding on both parties. If paragraph 9.5 applies and You are a natural person, the Shevchenkovsky District Court of Kiev, Ukraine, shall have jurisdiction over all disputes relating to these Terms.
9.7. If paragraph 9.4 applies and You are a legal person or the sole proprietor of a business, the Arbitration Court of Moscow, Russian Federation, shall have jurisdiction over all disputes relating to these Terms. If paragraph 9.4 applies and You are a natural person, the Kuzminsky District Court of Moscow, Russian Federation, shall have jurisdiction over all disputes relating to these Terms.
9.8. In the cases described in paragraphs 9.1 - 9.5, these Terms will not be governed by the conflict of laws rules of any jurisdiction or by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
9.9. If You use the Portal, Service and/or You were granted the access right to available resources in a country other than the countries specified in paragraphs 9.1 - 9.5, these Terms shall be governed by and construed in accordance with the substantial laws of the country in which You use the Portal, Service and/or You were granted the access right to available resources.
10.1. You acknowledge that when You use the Portal, Service and/or the access right to the available resources, all data about Your use of the Portal, Service and/or resources are automatically logged on ABBYY’s servers, including the times when You visit or leave the Portal and/or resources and the following data about Your system: the type of Your browser, Your IP address, the date and time of access, cookie files, and the addresses of the pages that You accessed as well as the history of Your requests and orders.
10.3. You agree to provide ABBYY with Your personal information, including Your first and last name; year, month, and date of birth; e-mail address; and/or other information which may be deemed personal under applicable laws. You acknowledge and agree that ABBYY may use, collect, systematize, update, modify, transfer, assign, depersonalize, block, destroy or indefinitely store Your personal information in a digital format or on a paper medium for the purposes of providing You with the services and sending You information or marketing materials by e-mail. Your consent to such use of Your personal information by ABBYY is time-indefinite and may be revoked by sending a revocation to Contact e-mail address or by changing the corresponding setting in Your Profile on the Portal. In the event You revoke Your consent by using any of the above methods, the consent shall be deemed revoked within thirty (30) working days from the day of receipt of the revocation by ABBYY.
10.4. ABBYY may assign its rights and obligations hereunder to third parties without Your consent.
10.5. ABBYY may terminate these Terms unilaterally at any time, including if You are in breach of any of its terms.
10.6. You may contact ABBYY by Contact e-mail address. ABBYY may contact You by e-mail at the address You provide when registering with the Portal.
10.7. In the event of lawsuits, claims or other proceedings affecting ABBYY ("Claims") arising out of Your use of the Portal, Service and/or resources, 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.
10.8. The following procedure shall be observed to resolve any dispute arising between You and ABBYY out of the use of the Portal or the resources. If You have reasons to believe that Your rights and interests have been violated in connection with the use of the Portal and/or available resources, You may send a complaint to ABBYY at Contact e-mail address setting forth all facts relevant to Your complaint, and providing all supporting documents or evidence. You will also cooperate with ABBYY’s effort to investigate Your claim(s). ABBYY shall respond to the complaint within twenty (20) working days of receipt of the complaint. The response shall be sent to Your e-mail address as indicated in the complaint. If the parties fail to resolve the dispute in this manner, the dispute shall be resolved as set forth in Section 8 of these Terms. ABBYY shall not respond to anonymous complaints or complaints from users who cannot be identified based on the information they provided during Registration. ABBYY shall not respond to complaints from users in case no information and facts relevant to user’s complaint are provided, including all supporting documents or evidence.
10.9. You agree that if You are in breach of these Terms, ABBYY may terminate Your account and delete any User Data published by You on the Portal or resources. Further, You agree that ABBYY may terminate the access right to the available resources via the Portal or the services at any time without prior notice.
10.10. If any part of these Terms is found void or unenforceable, it will not affect the validity of the balance of the Terms, which shall remain valid and enforceable according to its conditions.