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Third Party Software Terms and Conditions (“TPS T&C”) for ABBYY Cloud OCR SDK

Last updated: April 30, 2020

1. The Service contains the following Third-Party Software: Whereas the Service incorporates Software Datalogics and Adobe Products (Adobe PDF Library and Adobe Color Profile) You shall comply with and reproduce the following terms of paragraphs 1.1-1.11 therein in Your Solution’s End User Agreement:

   1. Copyright 2000 – 2012 Datalogics, Inc. Copyright 1984 - 2012 Adobe Systems Incorporated and its licensors. All rights reserved.
   2. The term “Software Datalogics and Adobe Products” means Software Datalogics and third-party products (including Adobe Products) and related documentation, and any upgrades, modified versions, updates, additions, and copies thereof.
   3. You acknowledge and agree that third party licensors are the owners of certain proprietary information and intellectual property rights included in the Service and the Documentation. Such third-party licensors are third party beneficiaries entitled to enforce ABBYY’s rights and your obligations hereunder and to seek appropriate legal and equitable remedies, including but not limited to, damages and injunctive relief, for your breach of such obligations.
   4. License Grant and Restrictions. ABBYY grants You a non-exclusive right to use the Software Datalogics and Adobe Products under the terms of this EULA. You may make one backup copy of the Software Datalogics and Adobe Products, provided the backup copy is not installed or used on any computer.
   5. Intellectual Property Rights. The Software Datalogics and Adobe Products incorporated into the Service are owned by Datalogics, Adobe and third parties and their suppliers, and their structure, organization and code are the valuable trade secrets of Datalogics, Adobe and third parties and their suppliers. The Software Datalogics and Adobe Products are also protected by United States Copyright law and International Treaty provisions. You may not copy the Software Datalogics and Adobe Products, 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 Software Datalogics and Adobe Products. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software Datalogics and Adobe Products. Except as stated above, this EULA does not grant you any intellectual property rights in the Software Datalogics and Adobe Products.
   6. Font License. If you are the End User You may embed copies of the font software into your electronic documents for purpose of printing, viewing and editing the document. No other embedding rights are implied or permitted under this license.
   7. Warranty. ABBYY AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE RESULTS YOU MAY OBTAIN BY USING THE SERVICE.
   8. Export Rules. You agree that the Software Datalogics and Adobe Products 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 Software Datalogics and Adobe Products are 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 Software Datalogics and Adobe Products. All rights to use the Software Datalogics and Adobe Products are granted on condition that such rights are forfeited if you fail to comply with the terms of this EULA.
   9. Governing Law. This EULA will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
   10. General Provisions. This EULA shall not prejudice the statutory rights of any party dealing as a consumer.
   11. Trademarks. Trademarks appearing herein are either registered trademarks or trademarks of their respective owners in the United States and/or other countries, including but not limited to Adobe and Adobe PDF Library, that are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.

2. Whereas the ABBYY Service incorporates CUMINAS DjVu, You hereby agree to be bound by the terms of paragraphs 2.1 and 2.2 herein:

   1. Oniguruma
      Copyright © 2002-2006 K.Kosako. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. THIS SOFTWARE IS PROVIDED BY THE AUTHOR AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
   2. MD5
      A portion of this software is derived from the RSA Data Security, Inc. MD5 Message-Digest Algorithm. Mersenne Twister Copyright © 2006,2007 Mutsuo Saito, Makoto Matsumoto and Hiroshima University. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of the Hiroshima University nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

   You may not perform or make it possible for other persons to perform 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 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.

3. Restrictions on software acquired in the United States:

   • Government Use. If use is made of the Service by the United States Government or any US Government agency, the following additional terms shall apply: (1) Restricted Computer Software, as defined in the Rights in Data-General Subsection at Federal Acquisition Regulations 52.227-14; and (2) any use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (с)(1)(ii) of the Rights in Technical Data and Computer Software Subsection at DFARS 252.227-7013;
   • Export rules. You agree that You shall not export or re-export the Service in violation of any export provisions in the laws of the country in which this Service was purchased or otherwise acquired. In addition, You represent and warrant that You are not prohibited under applicable laws from receiving the Service.

4. The list of other third parties technologies used by the Service is available at https://www.abbyy.com/cloud-ocr-sdk/legal/third-party-technologies/ .

5. The Service may contain other Third-Party Software (e.g., open source software, etc.) which is subject to the terms of the applicable Third-Party Software license agreement or open source software license agreement and not the terms and conditions of these Terms. All Third-Party Software and open source software are provided WITHOUT ANY WARRANTY INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Copyrights to the Third-Party Software are held by the copyright holders indicated in the copyright notices in the corresponding source files.

6. PROPRIETARY NOTICES
   ABBYY rights:

   • The documentation accompanying Your Solution must include the following notice:
     This software includes ABBYY® FineReader® Engine 12 recognition technologies © 2020 ABBYY Production LLC.

7. ABBYY reserves the right to unilaterally modify this TPS T&C at any time with or without notifying You. Any such modification will be effective immediately upon public posting. It is Your responsibility to review the TPS T&C for updates or changes. Your continued use of the Services and this website following any such modification constitutes Your acceptance of the TPS T&C together with all new modifications.

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