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Contrat de licence utilisateur final
1.1. “ABBYY” means:
ABBYY Solutions Ltd., a company incorporated in Cyprus with Registration number HE131582, having its address at 2 Michail Karaoli, Egkomi CY 2404, Nicosia, Cyprus.
1.2. “FineReader Online Service” or the “Service” means ABBYY’s document recognition and conversion service that is available through the Website. You may use the Service to upload machine-printed text and image files in PDF, JPEG, TIFF, BMP, PNG, and a number of other formats, have optical character recognition performed on uploaded files, save optical character recognition results, submit recognized documents for machine translation, access optical character recognition and/or machine translation results, and download optical character recognition and/or machine translation results.
1.3. “Registration” means Your completion of the Registration Form on the Website and provision of Your Name, Country, E-mail and Password (You may also be asked to confirm Your e-mail address and to provide other optional registration information, for example, information about Your Company Name, the industry of Your Company) or Your signing up for the Service using Your Google, Facebook or Microsoft account. After Registration You become a registered user of the Service.
1.4. “Registration Form” means the set of fields on the Website that You must complete when You sign up for the Service.
1.5. “Login” means Your e-mail address as indicated by You in the respective field of the Registration Form.
1.6. “Password” means the unique string of characters entered by You in the respective field of the Registration Form and subsequently used by You, in combination with Your Login, to identify Yourself to the Service.
1.7. “Profile” means the operational settings of the Service that become accessible to You upon Registration. Your Profile can be accessed by clicking on the link bearing the name “Profile” on any page of the Service.
1.9. “Your Documents Page” is the page of the Website at https://www.finereaderonline.com/en-us/Tasks, where converted documents are listed and recognition results can be exported, downloaded or deleted by You.
1.10. “ABBYY Reseller” means any entity or individual who is authorized by ABBYY to resell and distribute access to the FineReader Online Service to end users, either directly or through agents.
1.11. “Intellectual Property Rights” means all and any intellectual and industrial property rights, whether registered or unregistered, and includes rights to (i) inventions, discoveries, and letters patent, including applications therefor, reissues thereof, and continuations and continuations-in-part thereof; (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.
2. SUBJECT MATTER
2.2. In consideration of Your payment of the applicable subscription fee as indicated at https://www.finereaderonline.com/en-us/Store, ABBYY grants You the right to access and use the Service.
3. OBLIGATIONS OF THE PARTIES
3.1. ABBYY’s rights and obligations
3.1.3 ABBYY may interrupt or permanently terminate Your access to and use of the Service at any time without prior notice. Such interruption or termination may be caused by a number of reasons, including, but not limited to, maintenance work, circumstances beyond the reasonable control of ABBYY, crashes of software or hardware owned by third parties, or malicious actions by third parties aimed at disrupting the operation of the Service.
3.1.4 ABBYY may, in its sole discretion, add new features to the Service, remove existing features or modify the design of existing features. ABBYY is under no obligation to add any new features to or modify existing features of the Service.
3.1.5 User Data, including personal data uploaded by You to the Service during its usage will be automatically deleted by ABBYY fourteen (14) days after it has been uploaded. If You wish to delete such information sooner, You may do so by deleting the documents in Your Documents Page.
3.1.8 ABBYY may in some circumstances be required to disclose User Data in response to requests from law enforcement or other regulatory authorities or in response to a subpoena or other legal process. ABBYY may disclose Your User Data as ABBYY believes necessary or appropriate (a) to comply with applicable law, including laws outside Your country of residence; (b) to respond to requests from public and government and other authorities, including such authorities outside Your country of residence; (с) to protect ABBYY’s rights and/or those of You or others, including in cases of fraud and infringement of Intellectual Property Rights; (d) to comply with prudent legal practice as determined by ABBYY and with applicable law or legal processes; (d) to limit the damages that ABBYY may sustain; and (e) to provide the Service to You.
3.1.10 Your User Data may be stored and processed in any country in which ABBYY or ABBYY Resellers maintain facilities. In this regard, ABBYY reserves the right to transfer Your User Data outside of Your country. By using the Service, You consent to any such transfer. ABBYY has the sole discretion to determine the location of the servers used by the Service.
3.1.11 ABBYY may publish on the Website advertisements and any other content permitted by applicable laws.
3.2. Your rights and obligations
3.2.3 After Registration, You may access and use the Service upon entering Your Login and Password in the appropriate fields on the sign-in page of the Website. You shall be solely responsible for the safekeeping of Your Password and for any actions performed under Your Login and Password. You shall immediately notify ABBYY of any instances of unauthorized access to the Service under Your Login and Password and/or of any other security breach that You become aware of.
3.2.4 You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness, intellectual property ownership, and right to use with respect to all of Your User Data and any data sent by You to the Service. You will abide by, and will be solely responsible for any breach of, applicable local, state, national and foreign laws, treaties, and regulations in connection with Your User Data, including those related to data privacy, international communications, and the transmission of technical or personal data. You shall defend, indemnify, and hold harmless ABBYY and its subsidiaries, affiliates, directors, officers, employees, agents, and representatives from and against any and all claims, actions, proceedings, expenses, liabilities, damages, costs, and expenses, including attorneys’ fees, associated with or arising from uploading or using Your User Data.
YOU UNDERSTAND THAT YOU SHOULD NOT INCLUDE PERSONAL AND/OR CONFIDENTIAL INFORMATION IN YOUR USER DATA.
3.2.6 You may use the Service and any results obtained through the use of the Service solely for lawful purposes. You may not, by Yourself or through cooperation with others:
(a) copy any of the design elements or resources of the Service without the prior written consent of ABBYY;
(b) 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 the good name and reputation of their business; which violate the rights of minors and/or are damaging to minors in any way; or any other similar materials;
(c) 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;
(d) upload, or publish in any other way, materials which You are not allowed to make public under applicable laws, treaties or regulations, including personal or confidential data, or which violate applicable laws, treaties or regulations;
(e) upload viruses or any other harmful data which may in any way disrupt the operation of the Service;
(f) collect information from or interact with the Service by means of automated scripts or software;
(g) use other users’ logins and passwords to sign in to the Service;
(h) collect and store personal data of other users of the Service;
(i) disrupt the normal operation of the Service;
(j) register under multiple Logins;
(k) register with the Service anyone other than Yourself;
(l) share Your Password with other people or let anyone else use the Service under Your Login and Password or otherwise compromise the security of Your Service credentials.
3.2.8 You may delete Your Login and Password by clicking on the “Delete Account…” button on the page located at https://finereaderonline.com/en-us/Profile and accessible by clicking on the “Profile” link on the Website. You agree that if You choose to delete Your Login and Password, ABBYY will not refund any subscription fees paid by You for the right to access and use the Service. If deleted, Your Login and Password cannot be restored.
3.2.9 You assume full responsibility for and all risks arising from Your use of the Service.
3.3. Restrictions on use
3.3.1 You may not use, or allow others to use, the Service to provide optical character recognition, conversion or translation services to third parties, either free of charge or for a fee. You may not provide, or allow others to provide, the results or access to the results, obtained through the use of the Service to any third parties as part of any service.
3.3.2 ABBYY will make the Service available to You only for the subscription period and only for the number of pages that You have purchased.
3.3.3 You may not bypass the interface of the Service that is available to You via the Website, including for the purpose of using the Service in conjunction with any other service or software.
3.3.4 You may not perform, or allow others to perform, any of the following:
(a) Reverse engineer, disassemble, decompile (i.e. transform the object code into source code) or otherwise attempt to derive the source code of the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. If applicable law prohibits any of the aforementioned restrictions, any information so discovered must not be disclosed to third parties unless such disclosure is required by law, and, further, any information so discovered must be promptly communicated to ABBYY. All such information shall be deemed to be confidential and proprietary information of ABBYY.
(b) Modify or adapt the Service in any way or make any changes to the object code of the Service other than those provided for by the Service and described in the documentation.
(c) Correct errors in the Service or translate the Service without the prior written consent of ABBYY.
(e) Remove, change or obscure any copyright, trademark or patent notices that appear on the Website when You access or use the Service.
4. PRICES AND PAYMENT
4.2. If the currency of Your bank account or payment system is not the same as the currency in which the Service is priced, all currency conversions will be made at the exchange rate of Your bank or payment system.
4.3. After the expiration of Your subscription period, the functionality of the Service will be no longer available or will be limited until You make a payment to renew Your subscription. If You make the payment after the expiration of Your subscription period, the date of payment is considered as the renewal day and marks the beginning of the renewed subscription period. If You make the payment before the expiration of Your subscription period, the date following the last day of Your subscription marks the beginning of the renewed subscription period. Your subscription period may be renewed automatically until You cancel Your subscription. You will have the option to cancel Your subscription at any time by contacting ABBYY or the ABBYY Partner from which You initially purchased Your subscription. If You cancel Your subscription, You will be able to continue using the Service until the end of Your subscription period. All payments are non-refundable unless otherwise is specified in a separate agreement between You and ABBYY or an ABBYY Partner.
4.4. ABBYY may, in its sole discretion, change the prices and the payment procedure at any time. Therefore, You should review regularly the prices and the payment procedure in the Store section of the Website at https://FineReaderOnline.com/en-us/Store.
5. LIMITATION OF LIABILITY
Please read this section carefully. This section limits ABBYY’s liability to You for issues that may arise in connection with Your access to and use of the Service.
5.1. ABBYY shall not provide You with an Internet connection or with any hardware or 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 or software that You use to connect to 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 telecom 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 unsecured 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 User Data.
5.4. ABBYY DOES NOT REPRESENT OR WARRANT THAT:
(A) YOUR USE OF THE SERVICE WILL BE SECURE OR ERROR-FREE OR THAT THE SERVICE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA;
(B) ANY ERRORS OR DEFECTS WILL BE CORRECTED;
(C) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
5.5. THE SERVICE IS PROVIDED BY ABBYY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
5.7. To the extent permitted by law, ABBYY excludes all conditions, warranties, representations or other terms which may apply to the use of the Service, whether express or implied.
5.8. In no event shall ABBYY, nor any of its officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, resellers, affiliate partners, licensees, agents or others involved in creating, sponsoring, promoting or otherwise making the Website available take any responsibility or accept any liability for:
(a) Direct, indirect, punitive, incidental, special or consequential loss arising from or in any way connected with Your use or inability to use the Website (including, but not limited to, Your reliance upon the content displayed on the Website, including any reviews and opinions appearing on the Website);
(b) Any inaccuracy, errors or incompleteness relating to any of the information available on the Website,
(c) Any computer viruses, information, software, linked sites, products, and services obtained through the Website; or otherwise arising out of the access to, display of or use of the Service
(d) In contract, tort (including negligence), strict liability, breach of statutory duty or otherwise, even if foreseeable arising under or in connection with the use or inability to use the Service, use of or reliance on any content displayed on our Website.
(e) The acts, errors, omissions, representations, warranties, breaches or negligence or for any personal injuries, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) death, property damage, or other losses or costs suffered, incurred or paid by you, by the Service Providers (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly), made available, offered or promoted on or through the Website.
5.9. ABBYY is under no obligation to review any materials or information that You may upload and/or send by e-mail or transmit in any other way in the course of using the Service.
5.10. 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.
5.11. ABBYY assumes no responsibility for any User Data uploaded by You and/or other users of the Service.
6. COPYRIGHTS AND TRADEMARKS
6.1. All the materials available on the Website, the appearance, organization, and layout of the Website and the software code are subject to trademark, copyright, and database rights and other registered and unregistered Intellectual Property Rights, which are owned either directly by ABBYY or by its suppliers or providers.
6.2. All the 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. The Service may contain components of other third party technologies which are the property of their respective owners. You shall comply with the Terms and Conditions governing the use of such technologies’ components as listed by the link: https://finereaderonline.com/en-us/Terms/technologies.
6.6. The Service contains valuable trade secrets and confidential information belonging to ABBYY and third parties that are protected by international treaty provisions and/or applicable laws.
7. LINKS TO THIRD-PARTY WEBSITES
7.1. For Your convenience, the Service may provide links to third-party websites owned and maintained by persons other than ABBYY. These links are provided for Your information only. ABBYY does not provide warranties of any kind and accepts no liability in respect of any website available by clicking on its respective link on the Service. 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 Service are provided only for Your convenience. The inclusion of hypertext links to websites with third-party products or services does not imply any endorsement of the material on such websites or any association with their operators.
8. GOVERNING LAW
9.2. ABBYY may transfer and assign any of its rights and obligations hereunder to a third party at any time without notice to You and without Your consent.
9.3. In the event of claims, lawsuits or other proceedings affecting ABBYY and arising out of Your access to and use of the Service, You shall notify ABBYY of such claims or lawsuits within three (3) days from the day when You learned of such claims or lawsuits. Further, You shall make all reasonable efforts to aid ABBYY in defending itself against such claims, lawsuits or proceedings and, upon ABBYY’s request, within seven (7) days of request, provide ABBYY with information that may be necessary to defend against or settle such claims or lawsuits. You shall also indemnify and hold harmless ABBYY from all such claims lawsuits or proceeding, and shall bear all related costs, including attorneys’ fees, pre-trial and court costs..
9.5. Indemnification: You shall defend, indemnify, and hold ABBYY and its affiliates harmless from and against any actual or threatened third-party claim arising out of or based upon:
(a) usage of Your User Data;
(b) Your negligence or willful misconduct;
(d) any breach by persons acting on Your behalf who access and use the Service using Your Login and Password.
You shall pay:
(a) all damages, costs, and attorneys’ fees awarded against ABBYY in any proceeding under this Section 9.5;
(b) all out-of-pocket costs (including reasonable attorneys’ fees) reasonably incurred by ABBYY in connection with the defense of such proceeding (other than attorneys’ fees and costs incurred without Your consent after You have accepted defense of such claim); and
(c) if any proceeding arising under this Section 9.5 is settled, You will pay all amounts agreed to by You in the settlement of any such claims.
The provisions of this section 9.5 shall survive the termination of Your use of the Service or the expiration of your subscription to the Service.
9.6. You agree that if You are in breach of these Terms, ABBYY may terminate Your account and your right to use the Service and also delete any User Data published by You on the Service. Further, You agree that ABBYY may terminate the access right to the available resources via the Service at any time without prior notice.
9.12. Contact information. You may contact ABBYY at this e-mail address: email@example.com. ABBYY may contact You by e-mail at the address provided by You on the Registration Form when registering with the Service.
1 Your use of the ABBYY FineReader desktop software product is regulated by the end-user license agreement accompanying that desktop software product.