«Order» means a written or electronic document indicating that the ABBYY Software is to be licensed to you and includes a description of what is being ordered, the ABBYY Software Specifications, quantity, price, payment terms, subscription term, volume units and other terms and conditions. Upon signature or other acceptance by you and ABBYY, each order will be made by reference and will be subject to the EULA and these Terms. If you wish to acquire usage rights to use the ABBYY Software in your products as an INDEPENDENT software publisher, you must enter into a separate agreement. 1. Subject to the provisions of Section 2 below, ABBYY`s legal liability for damages is limited to damages as follows: (i) ABBYY shall only be liable up to the amount of damages generally foreseeable at the time of entering into the Purchase Agreement for damages caused by a slightly negligent breach of a material contractual obligation, and (ii) ABBYY shall not be liable for damages: due to a slightly negligent breach of a non-essential contractual obligation. «ISV Distribution» means distribution to end users in connection with the ISV Solution. The distribution of ISVs is not covered by this EULA. For this, you need a separate agreement with an approved source. U.S. government end users. The ABBYY Software and Documentation are considered «commercial elements» within the meaning of Article 48 C.F.R.
§2.101, consisting of «Commercial Computer Software» and «Commercial Computer Software Documentation», as defined in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, whichever is true. Pursuant to 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, all U.S. Government End Users acquire ABBYY and the Documentation only with the rights set forth in this EULA. Provisions that are inconsistent with federal government procurement regulations are not enforceable against «commercial articles».
Unpublished rights reserved under U.S. copyright laws. 4. Payment, billing and taxes are set out in the Subscription Terms under www.abbyy.com/legal/subscription-terms/. 12.4.Transactions with ABBYY Partners. If you purchase ABBYY Software from an ABBYY Partner, the terms of this EULA apply to your use of such ABBYY Software and prevail over any conflicting provision of your agreement with abbyy Partner. 5.2.Restrictions on your rights of use may include, but are not limited to: processing of the volume unit, subscription duration, territory. This data will be included in the order. Use of the trial version of the ABBYY Software is limited to five (5) document pages (for iOS) or a limited number of features (for Android) (defined in the Subscription Terms under www.abbyy.com/legal/subscription-terms/) once the trial version has been made available to you. 6.3.2.3.You agree to be solely responsible for any breach of any law, international agreement or procedure relating to personal data, including personal or confidential information. You shall indemnify ABBYY against all claims, legal proceedings, expenses, liabilities and damages, including attorneys` fees, related to or arising from User Data.
You warrant that you have all necessary rights to transfer or upload User Data to the Service and that you will not violate any applicable law, personal data rights and/or the rights of third parties. You are fully responsible for such transfers and downloads, as well as for any damages abbyy and third parties may suffer as a result of such transfers and downloads. You agree to be responsible for all of your User Data that is made available to the public or transferred privately to another user or third party. If you received your copy of the SOFTWARE in Germany or Austria and have your habitual residence in that country, ABBYY warrants under German law that the ABBYY SOFTWARE will provide the functionality contained in the ABBYY SOFTWARE (the «Agreed Features») for the limited warranty period following receipt of the copy from ABBYY SOFTWARE when used on the recommended hardware configuration. As used in this section, «Limited Warranty Period» means two (2) years if you are a consumer and one (1) year otherwise. Insignificant deviations from the agreed functionalities are not taken into account and do not constitute warranty rights. This Limited Warranty does not apply to the ABBYY SOFTWARE, which is provided to you free of charge, e.B. Updates, previews, «trials», product samples, «non-resale» («NFR») copies of the SOFTWARE, or for SOFTWARE modified by you to the extent such changes have caused an error. To make a warranty claim, you must return the SOFTWARE and proof of purchase at our expense to the place where you received it during the Limited Warranty Period. If abbyy software`s features differ materially from the agreed features, ABBYY is entitled (by subsequent performance and in its sole discretion) to repair or replace ABBYY SOFTWARE. If this fails, you have the right to reduce the purchase price (discount) or terminate the purchase contract (withdrawal).
For more information about the warranty, please contact ABBYY Europe GmbH, Landsberger Str. 300, 80687 Munich, Phone: +49 89 69 3333-0, Fax: +49 89 69 3333-300, Support Portal: www.abbyy.com/smua/ 4.5.Property. Except as agreed in writing, nothing in this EULA transfers or licenses any intellectual property rights. You retain ownership of your Content and intellectual property, and ABBYY retains ownership of the ABBYY Software and ABBYY Content. 6.3.1.2.In in connection with the activation, installation, operation, registration and/or technical support and maintenance of the ABBYY Software You may be asked to provide certain personal data (such as.B. Your name, company name (if applicable), email address) and technical information (such as.B. hardware specifications, third-party software, serial number of your ABBYY software). You may choose not to provide us with your personal data and/or technical information, in which case you may not be able to obtain technical support or maintenance of the ABBYY software available to ABBYY customers who provide their personal data and/or technical information in the future if the provision of personal data and/or technical information is essential to provide you with technical support or maintenance of the ABBYY Software, or if the provision of personal data and/or technical information is essential to provide you with technical support or maintenance of the ABBYY Software, or if the provision of personal data and/or technical information is essential to provide you with technical support or maintenance of the ABBYY Software. Request such technical support or maintenance of the ABBYY Software is not in conflict with applicable law.
You agree not to provide more personal data and/or technical information than ABBYY or an ABBYY Partner requests and agree that your personal and/or technical information may be processed by ABBYY and/or its ABBYY affiliates or partners in accordance with applicable law (including, but not limited to, collection and/or other use); provided that data confidentiality and data security are maintained, if required by applicable law. For more information on how ABBYY processes your personal data described in this section, please see ABBYY`s Privacy Policy at www.abbyy.com/privacy/. 2. If ABBYY provides express warranties or additional warranties for ABBYY SOFTWARE, the benefits conferred on you by such warranty(s) will be in addition to and not in lieu of your other rights and remedies under Australian consumer law. To make a warranty claim, you must return the ABBYY SOFTWARE and proof of purchase at your own expense to the place where you received it or, if return is not possible, make the SOFTWARE available to ABBYY or its agent for inspection. No warranty claim is made unless the ABBYY SOFTWARE has been tested by ABBYY in accordance with the warranty terms and found to be defective. If it is determined that the ABBYY SOFTWARE is defective (at ABBYY`s discretion), ABBYY may (in its sole discretion) repair or replace the ABBYY SOFTWARE. For more information about the warranty, please contact ABBYY PTY Ltd. : Level 13, 2-26 Park Street, Sydney NSW 2000, Australia, Tel: +61 (02) 9004 7401; Support Portal: www.abbyy.com/smua/ «Volume Unit» means transactions of documents, documents, pages or other types of information that can be processed with ABBYY Software. Typically, these are A4 pages set to www.abbyy.com/legal/subscription-terms/ and days. .