This End-User Agreement ("Agreement") is a legally binding agreement between you, either an individual or a legal entity, hereinafter referred to as "You", and ABBYY Solutions Limited, hereinafter referred to as "ABBYY", governing the use of the ABBYY Online Portal located at http://www.abbyyonline.com/en, the Services and Websites available on the ABBYY Online Portal, and the services specified in this Agreement.
ABBYY reserves the right to unilaterally amend, in whole or in part, the terms of this Agreement without prior notice. Any amendments to this Agreement shall take effect immediately, unless otherwise specified in the Agreement as amended. The text of this Agreement currently in effect is available at: http://www.abbyyonline.com/en/Help/EULA.
By using the Websites and Services You acknowledge that You have read and understood the terms of this Agreement and agree to be bound thereby.
1. DEFINITIONS
The ABBYY Online Portal includes the following Websites and Services accessible at www.abbyyonline.com/en:
Registration means Your completing the Registration Form and activating Your Login and Password (You will also be asked to confirm Your e-mail address).
Registration Form means the set of fields that You must complete in order to become a registered user of the ABBYY Online Portal.
Login and Password The Login is Your e-mail address. Password means unique set of characters that You enter in the course of Registration. The combination of these two unique sets of characters identifies You and enables You to pay for products and Services available on the ABBYY Online Portal. Some of the features of the ABBYY Online Portal are not accessible to unregistered users.
2. SUBJECT MATTER
2.1. This Agreement contains the terms under which the Services will be provided
to You and under which You may use the Websites.
2.2. This Agreement becomes effective upon Your first use of the Services and
materials of the Websites or upon Your acceptance of the terms of this
Agreement. This Agreement continues in effect until the Services and Websites
are no longer available. In the event you disagree with the terms hereof, please
refrain from using the Services and Websites.
3. OBLIGATIONS OF THE PARTIES
3.1. ABBYY’s rights and obligations:
3.1.1. ABBYY shall grant You access to the Services and Websites.
3.1.2. ABBYY reserves the right to change the Services, Websites, or products at any time without prior notice.
3.1.3. If ABBYY has reasons to believe that You are taking steps or intend to take steps aimed at disrupting the operation of the Services, hacking the Websites, publishing on the Websites and Services information that discredits ABBYY’s reputation, or at damaging ABBYY in any other way, or that You appeal to other users to do the same, then ABBYY may, without giving any reasons, block Your access to ABBYY Online Portal based on Your Login (account) or IP address.
3.1.4. ABBYY may interrupt or permanently terminate the Services at any time without prior notice. Such interruption or termination may be caused by maintenance work, by circumstances beyond the reasonable control of ABBYY, by crashes of software and hardware owned by third parties collaborating with ABBYY, or by actions of third parties aimed at interrupting or terminating the operation of the Websites and Services.
3.1.5. ABBYY may send You e-mail messages with news about ABBYY and ABBYY products, special offers, tips on using ABBYY products, and other information related to ABBYY’s activities, provided that You have explicitly agreed to receive such e-mail messages from ABBYY. You may remove Your e-mail address from ABBYY’s mailing list at any time.
3.1.6. ABBYY guarantees that the data You provide will be stored strictly within
ABBYY and will not be disclosed to any third parties.
3.2. Your rights and obligations:
3.2.1. You may use the ABBYY Online Portal and the Services located thereon
under the terms of this Agreement.
3.2.2. To be able to pay for products and Services available on the ABBYY Online Portal and to have access to the features not accessible to unregistered users, You must complete Registration. You agree to provide accurate and complete information about Yourself in the fields of the Registration Form.
3.2.3. After Registration, You may use Your Login and Password to access the ABBYY Online Portal and the Services located thereon. 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 ABBYY Online Portal under Your Login and Password and/or of any other security breach. You shall keep Your Password secret and shall not disclose it to any third party.
3.2.4. You guarantee that You have all the necessary rights to transfer/upload all materials, documents, and/or images when using the Services, for example, when publishing messages on the forum , and that Your doing so does not breach any applicable laws and/or the rights of a third party. You shall be fully liable for any such activity and for any damages that may be caused by such activity.
3.2.5. You may use the ABBYY Online Portal, the Websites and Services located thereon, and the results obtained through the Services solely for legal and non-commercial purposes.
3.2.6. You shall not perform, or enable others to perform, any of the following:
- upload, or publish in any other way, any materials or information which is
illegal, harmful, threatening, offensive, or libellous; which infringe the
copyright of a third party, incite hatred and/or discrimination based on race,
ethnicity, gender, or social status; which contain pornographic materials; 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 law or under an obligation assumed by You;
- upload viruses or any other harmful data which may disrupt the operation of
the Services in any way;
- collect information and/or interact with the Websites and/or Services by means
of automated scripts (software);
- use other users’ Logins;
- collect and store personal data of other users of the ABBYY Online Portal;
- disrupt the normal operation of the ABBYY Online Portal and of the Websites or
Services located thereon;
- register Yourself with the ABBYY Online Portal under multiple Logins.
3.2.7. You may terminate Your relations with ABBYY at any time and cease Your use of the Website and Services.
3.2.8. You may contact ABBYY by e-mail at support@abbyyonline.com to de-activate Your Login (account) and cease Your use of Website and Services at any time. Please note, that Your Login can only be terminated if all transitions are complete. If by customer request the Login is de-activated, payments for purchased services cannot be refunded.
If You change Your mind about terminating Your Login (account), please contact support@abbyyonline.com to cancel your account closure.
3.3. The use of ABBYY Online Portal
All information, software, images, texts, audio and video recordings, photographs, and other content published on the ABBYY Online Portal are provided by ABBYY only for non-commercial use. Any copying, display or other use of the said content without prior consent of ABBYY is strictly prohibited and will be prosecuted under Russian and international law.
3.4. The use of the FineReader Online Service and Website:
3.4.1. You shall not use, or enable others to use, the FineReader Online Website
and Service to provide to third parties, free of charge or for a fee, optical
character recognition or data conversion services and/or to provide to third
parties the results or access to the results obtained by using the FineReader
Online Website and Service as part of another optical character recognition or
data conversion service;
3.4.2. You agree that ABBYY may restrict the use of the FineReader Online Website and Service, including the data storage period, the maximum number of pages that You can process upon Registration, etc.
3.5. The use of Lingvo Online Service and Website
3.5.1. You shall not use, or enable others to use, the Lingvo Online Website and
Service to provide services to third parties, free of charge or for a fee,
and/or to provide to third parties the results or access to the results obtained
by using the Lingvo Online Website and Service as part of another service;
3.5.2. You agree that ABBYY may:
(а) restrict the use of the Lingvo Online Website and Service, including the
time and scope of use of paid-for and free dictionaries, dictionary entries,
etc.;
(б) place on the Website and Service pages advertising materials and any other
materials not prohibited by the legislation of the Russian Federation.
3.5.3. You acknowledge that the Lingvo Online Service has a trial mode with a limited number of dictionaries, dictionary entries with translations and audio files, and limited functionality. To obtain more data than is available in trial mode, You must pay a fee.
3.6. The use of the Aligner Online Service and Website
3.6.1. You shall not use, or enable others to use, the Aligner Online Service to
provide services to third parties, free of charge or for a fee, and/or to
provide to third parties the results or access to the results obtained by using
the Aligner Online Service as part of another service.
3.6.2. You agree that ABBYY may restrict the use of the Aligner Online Service, including the volume of data that can be uploaded and downloaded and the time of their storage on the ABBYY Online Portal.
3.6.3. You acknowledge that the Aligner Online Service may have a trial mode which allows You to process a limited amount of data. To process more data than is allowed by the trial mode, You may be required to pay a fee.
3.7. The use of the Translation Service and Website
3.7.1. The terms of use of the Translation Service are set forth in the end-user
licence agreement available at
http://translation.abbyyonline.com/en/agreement. You can accept the terms of that
end-user licence agreement by selecting the "I accept these terms" option placed
below the text of the agreement in the order registration form.
3.8. You assume full responsibility and all risks arising from Your use of the ABBYY Online Portal and of the Services and Websites located thereon.
4. PRICES AND PAYMENT
4.1. The FineReader Online Service is partly a paid-for service. The information
about the prices and payment procedure is an integral part of this Agreement and
is available at http://finereader.abbyyonline.com/en/store/showcase.
4.2. The Lingvo Online Service is partly a paid-for service. The information about the prices and payment procedure is an integral part of this Agreement and is available at http://www.abbyyonline.com/en/store/showcase.
4.3. The Aligner Online is partly a paid-for service. The information about the prices and payment procedure is an integral part of this Agreement and is available at http://www.abbyyonline.com/en/store/showcase.
4.4. ABBYY may change the prices and 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 and scripts,
howsoever caused.
5.2. You acknowledge that You will be transmitting information 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 Websites and Services meet any requirements or are fit for any particular
purpose,
- the materials presented on the Websites and/or the results obtained by using
the Services are accurate, complete or useful;
- the operation of the Websites, Services or the provision of Services will be
continuous and/or uninterrupted or free from error;
- the results obtained by using the Services, or any information, materials or
answers published on the Websites, services or the rights to use the results of
intellectual effort or any hyperlinks will always be available on the Websites;
- the quality of any product, service, work, information, etc. obtained by using
the Websites and/or Services will meet Your expectations;
- all errors on the Websites or in the Services will be corrected.
5.5. The Websites, the Services, and all the information therein are provided to You "as is", with all possible errors. 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. Under no circumstances shall ABBYY be liable for any damages suffered by You as a result of use or inability to use the Services and/or Websites, or caused by errors, interruption of service, removal of files, change in functionality, defects, data transfer delays and the like, howsoever caused.
5.7. ABBYY’s liability shall in any event be limited to ten thousand (10,000) roubles and shall be imposed upon ABBYY only if ABBYY’s fault is established. Under no circumstances shall ABBYY be liable for any actions by users of the Websites and/or Services.
5.8. ABBYY is under no obligation to review materials or information that You may publish on the Websites, send by e-mail or transmit in any other way in the course of using the Services, and ABBYY shall not be liable for such materials or information.
6. COPYRIGHTS AND TRADEMARKS
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 to You a license to use these trademarks.
7. LINKS TO EXTERNAL WEBSITES
7.1. For Your convenience, the ABBYY Online Portal may provide links to third-party websites owned and maintained by legal and/or physical persons. ABBYY does not provide a warranty of any kind in respect of any website available by clicking on its link on the ABBYY Online Portal. 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 reference to third-party products or services that may be published on the ABBYY Online Portal 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. MISCELLANEOUS
8.1. You acknowledge that when You use the Services all data about Your use of
the Services is automatically logged on the ABBYY servers, including the times
when You visit or leave the Websites and the following data about Your system:
the type of Your browser, Your IP address, the date and time of access, cookies,
and the addresses of the website pages that You accessed.
8.2. You agree that the data listed in paragraph 8.1 above and the data You provide upon Registration, may be used, collected, systematized, stored, updated, modified, distributed, transferred, depersonalised, locked or destroyed under the terms of the Confidentiality Agreement. The data You provide will be stored and used strictly within the ABBYY group of companies and will not be disclosed to any third parties.
8.3. ABBYY may transfer its rights and obligations hereunder to third parties without Your consent.
8.4. Any matters not covered by this Agreement shall be governed by the laws of the Russian Federation.
8.5. Any disputes arising out if this Agreement, including disputes about performance, breach, termination or invalidity of this Agreement , shall be resolved by the Perovsky District Court, Moscow.
8.6. ABBYY may terminate this Agreement unilaterally at any time, in particular if You are in breach of any of its terms.
8.7. You may contact ABBYY by e-mail at support@abbyyonline.com. ABBYY may contact You by e-mail at the address You provide when registering with the ABBYY Online Portal.
8.8. In the event of lawsuits, claims or other proceedings arising out of this Agreement or the use of the Websites or Services, You shall make all reasonable effort to aid ABBYY in defending itself against such lawsuits and/or claims.
8.9. ABBYY reserves the right to modify or edit any information or materials that You may transfer in the course of using the Websites or Services. ABBYY may also disclose such information or materials in compliance with the Confidentiality Agreement.
8.10. The following procedure shall be observed to resolve any dispute arising between You and ABBYY out of the use of the Websites and Services. If You have reasons to believe that Your rights and interests have been violated in connection with the use of the Websites or Services, You shall send a complaint to ABBYY at support@abbyyonline.com. 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 in accordance with the terms of this Agreement. ABBYY shall not respond to anonymous complaints or complaints from users who cannot be identified with the data they provided to register with the ABBYY Online Portal.
8.11. You agree that ABBYY may terminate Your Login (account) and delete any information published by You on the Websites, for any reason, including breach of this Agreement. ABBYY may also terminate the Services at any time without prior notice. You agree that ABBYY shall not be liable for any termination of Your access to the Services.