Wondershare Software END USER LICENSE AGREEMENT
IMPORTANT: THIS IS A LICENSE, NOT A SALE
This Wondershare Software End User License Agreement (Agreement or License or EULA) is between the end user(hereinafter referred to as You or Licensee), and Wondershare Software Co., Ltd., Wondershare Technology Co., Ltd and its subsidiary Wondershare Software (H.K.) Co., LIMITED (collectively referred to as Wondershare, or Licensor), the developer and owner of the program and software (hereinafter referred to as Licensed Software or Wondershare Software or Software).
IMPORTANT: BY DOWNLOADING, ACCESSING, INSTALLING OR USING THE SOFTWARE, DOCUMENTATION, COLLECTIONS FROM WONDERSHARE EFFECTS STORE (collectively “SOFTWARE”) YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT.
Please read this agreement carefully before downloading or installing the software. Top attention should be paid to such clauses including but not limited to Article 5, 6, 14, 15, 16 in special font. If you disagree with or have any questions concerning this END USER LICENSE AGREEMENT (EULA), please contact Wondershare. Any installing, copying, accessing, or using the Licensed Software by you (the "Licensee") constitutes an acceptance of, and a promise to comply with, all the terms and conditions of this EULA.
TERMS AND CONDITIONS:
1. LICENSED SOFTWARE
The "Licensed Software" includes all of the contents of the files, disk(s), CD-ROM(s), DVDs, or other media for which this EULA is provided, including but not limited to: third party computer information or software that the Licensor has licensed for inclusion in the Licensed Software; written materials or files relating to the Licensed Software ("Documentation"); fonts; modified versions, updates, additions, and copies of the Licensed Software, if any.
2. GRANT OF THE LICENSE
Subject to the terms and conditions of this Agreement, Wondershare hereby grants you (an individual) the limited, revocable, personal, non-exclusive, and non-transferable right to download, install and activate the Software on two separated computers solely for your personal, private and non-commercial use, unless you have purchased a commercial license from Wondershare. Sharing the Software with others, or allowing others to view the contents of this Software, is in violation of the License. You may not make the Software available over a network, or in any way provide the Software to multiple users, unless you have purchased a multi-user license from Wondershare in advance. Wondershare reserves all rights not expressly granted to You in this Agreement.
3. LICENSE RESTRICTIONS
Licensee may not and agrees not to or enable others to modify, adapt, translate, sublicense, rent, lease, or loan all or any portion of the Licensed Software or Documentation; and
Licensee may not and agrees not to or enable others to create any derivative works from all or any portion of the Licensed Software or Documentation; and Licensee may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Licensed Software; and
Licensee may not and agrees not to or enable others to use a previous version of the Licensed Software after receiving a media replacement or upgraded version as a replacement to a prior version (in such case Licensee must destroy the prior version); and
Licensee may not and agrees not to or enable others to use the Licensed Software in the operation of any business, aircraft, ship, nuclear facilities, life support machines, communication systems, or any other equipment in which the failure of the software could lead to personal injury, death, or environmental damage; and
Licensee may not and agrees not to or enable others to remove or obscure Licensor's copyright or trademark notices, or the copyright and trademark notices of any third parties that Licensor has included in the Licensed Software or Documentation; and
Licensee may not and agrees not to or enable others to use the Licensed Software to host applications for third parties, as part of a facility management, timesharing, service provider, or service bureau arrangement; and
Licensee may not and agrees not to or enable others to use the Licensed Software in any manner that is illegal or not authorized by this EULA; and
Licensee may not use any other music tracks, elements, pictures, videos which are not provided by Wondershare within the Software unless you have got a license or permit or proper authority to use them; and
Licensee may not use any music track, elements, pictures, videos in the Software (including Collections from Effects Store) commercially or in any other manner not provided in this Agreement.
4. INSTALLATION
Licensee may install one copy of the Licensed Software on a single computer. The Licensee must be the primary user of the computer on which the Licensed Software is installed. This Agreement shall apply to all installations of the Licensed Software. Installation of the Licensed Software on three or more computers is prohibited. The Licensee may purchase and install multiple licenses if Licensee wants to install software on two or more computers. Licensee shall be solely responsible for all expenses incurred in Licensee's installation and use of the Licensed Software.
5. SOFTWARE IMPROVEMENT PROGRAM
Wondershare is committed to helping protect your privacy at all times except as otherwise provided in this Agreement. This statement explains the anonymous data collection process and usage practices for the Software Improvement Program of Wondershare.
In order to provide and improve the software, its features, and user's experience, we will automatically collect, maintain, process and use information concerning the way the various modules and functionalities of Wondershare software are being used. Information is also gathered anonymously for the purpose of statistical analysis about Software usage.
We will only use such information for the purpose of providing end users with the best possible software experience. The collected data will not be disclosed, shared, sold, traded or rented to any third parties for marketing purposes. For users who do not wish to enable this service, you may opt-out in the advanced options menu during the installation process.
6. ACTIVATION
The Licensed Software contains technological measures that are designed to prevent its unlicensed or illegal use. The Licensed Software may contain enforcement technology that limits Licensee's ability to install and uninstall the Licensed Software on a machine to no more than a finite number of times, for a finite number of computers and for a defined period in time designated by the purchased License. The Licensed Software may require activation during installation and in the Documentation. If any of such applicable activation procedure(s) is not followed, the Licensed Software may only operate for a finite period of time. If activation is required, but the Licensee doesn't complete activation within the finite period of time set forth in the Documentation or explained during installation, the Licensed Software will cease to function until activation has been completed, by which time functionality will be restored. If Licensee has any problem with the activation process, Licensee may contact the Licensor customer service for support.
7. EVALUATION COPY
Licensee may be granted an evaluation copy of the Licensed Software free of charge for a finite period of time (the "Evaluation Copy"). Certain features and/or functionality of the Licensed Software may be locked or unavailable in the Evaluation Copy. In order to benefit from all features and functionality of the Licensed Software, Licensee have to purchase a valid license activation key. From the moment that Licensee activates Licensed Software with a valid license key, the Evaluation Copy shall cease from being considered an Evaluation Copy and all the terms of this Agreement shall commence to apply in their entirety.
8. TERM
There are several kinds of License which Licensee may choose to purchase. If the Licensee choose to purchase a perpetual License, you may use it until terminated. If you choose to purchase a license for a specific period of time, you can only use it during the specific period. You may terminate the license at any time by destroying the Software, together with all copies thereof. The License will be terminated automatically or otherwise cease to be effective if you fail to comply with any term(s) or condition(s) of this Agreement. You shall destroy and cease using the Software, together with all copies thereof immediately after the termination of the License.
9. LICENSE TRANSFER
Licensee may not rent, lease, lend, sell, assign, sub-license, redistribute or transfer the Licensed Software or the License granted by this EULA without prior written consent of the Licensor.
10. SOFTWARE UPDATES
Licensor may provide Licensee with Software Updates and/or Content Updates from time to time at no charge during the Term of this Agreement. The Licensor may, at its sole discretion, decide if Licensee can get Software Updates and/or Content Updates free of charge or the Licensee has to pay for the Updates. For the purposes hereof, "Update" means a new version of the Licensed Software containing technical modifications, updated information, altered functionality, or any other changes that are intended by Licensor to improve or to add, delete or otherwise modify any aspect of the Licensed Software. "Content Update" shall mean an update of the content used by the Licensed Software that might need to be updated from time to time. If the Licensed Software is an Update to a previous version, Licensee must possess a valid License to the previous version. Any update provided by the Licensor to Licensee is made on a License exchange basis such that Licensee agrees, as a precondition for receiving an Update, that Licensee will terminate all of Licensee's rights to use any previous version of the Licensed Software. However, Licensee may continue to use the previous version only to assist in transitioning to the Updated version. Once an Update has been released, the Licensor may cease service or support for prior versions, without any notice to Licensee. Software Updates and/or Content Updates may be provided via the Licensed Software or on the Licensor websites. This License does not permit Licensee to obtain and use a Software Upgrade and/or a new Licensed Software version. The Licensed Software may require Content Updates in order to work effectively. The Licensor may add new functions, music track, elements, pictures, videos, or delete original functions, music track, elements, pictures, and videos in the Update Software or Upgrade Software.
11. INTELLECTUAL PROPERTY OWNERSHIP
The Licensed Software and any authorized copies that Licensee makes are the intellectual property of, and are owned by, the Licensor, and by third parties whose intellectual property has been licensed to the Licensor. The structure, organization, and code of the Licensed Software are the valuable trade secrets and confidential information of the Licensor and such third parties. The Licensed Software is protected by law, including without limitation, the copyright laws of the People’s Republic of China and the United States and other countries, and by international treaty provisions. Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights over the Licensed Software. Licensee may not make or publish any public statement concerning the Licensed Software or the Licensor without the prior express written consent of the Licensor.
12. SUPPORT
The Licensor is not obligated by this EULA to provide Licensee with any technical support services relating to the Licensed Software; however, Licensee may request additional support services for an additional charge or get free e-mail support as the Licensor may offer from time to time during the term of this EULA. E-mail support includes business priority technical assistance for installation and troubleshooting, and upgrade and maintenance coverage.
13. TERMINATION BY WONDERSHARE
Subject to the terms and conditions stipulated in Article 8, Wondershare shall be entitled to terminate this EULA effective immediately upon serving written notice on the Licensee in the following circumstances; if Licensee commits a material breach of any of its obligations under this EULA which is not capable of remedy or if Licensee commits a material breach of any of its obligations under this EULA which is not remedied within fifteen (15) calendar days after receipt of a notice from Wondershare. Termination of this EULA shall not affect any rights, obligations or liabilities of either party which have accrued before termination or which are intended to continue to have effect after termination.
14. NO WARRANTY ON LICENSED SOFTWARE
THE LICENSED SOFTWARE IS PROVIDED TO LICENSEE "AS IS." THE LICENSOR, AND THE LICENSOR SUPPLIERS, AFFILIATES, AGENTS, EMPLOYEES MAKE NO WARRANTY AS TO ITS USE OR PERFORMANCE. THE LICENSOR, AND THE LICENSOR AFFILIATES, MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR, AND TO THE EXTENT, THAT A WARRANTY MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION.
YOU EXPRESSSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF WONDERSHARE SOFTWARE IS AT YOUR SOLE RISK, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY IS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WONDERSHARE OR AN AUTHORIZED REPRESENTATIVE SHALL CREAT WARRANTY.
THE SOFTWARE MAY CONTAIN “OPEN SOURCE” MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT, GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE). WONDERSHARE MAKES NO WARRANTIES WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN THE SOFTWARE. THESE EULA’S PROVISIONS ON RESTRISTION OF LIABILITY SHALL APPLY.
15. LIMITATION OF LIABILITY
IN NO EVENT WILL THE LICENSOR, OR THE LICENSOR'S AFFILIATES, ITS EMPLOYEES, AGENTS BE LIABLE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL DAMAGES, OR ANY LOSS OF PROFITS OR SAVINGS, EVEN IF A REPRESENTATIVE OF THE LICENSOR OR ONE OF THE LICENSOR'S AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION. THE AGGREGATE LIABILITY OF THE LICENSOR, AND THE LICENSOR AFFILIATES, ITS EMPLOYEES, AGENTS UNDER OR IN CONNECTION WITH THIS EULA, SHALL BE LIMITED TO THE FEES LICENSEE HAS PAID FOR THE LICENSED SOFTWARE, IF ANY.
IF THE SOFTWARE IS SUBJECT TO A THREATENED, POTENTIAL OR ACTUAL CLAIM OF INFRINGEMENT OF ANOTHER'S RIGHT FOR WHICH WONDERSHARE MAY BE LIABLE, THE LICENSEE WILL MAKE PROMPT AND REASONABLE EFFORTS TO STOP USING AND DELETE THE SOFTWARE UPON RECEIVING THE COMPANY’S WRITTEN NOTICE (INCLUDING BY EMAIL), WONDERSHARE MAY PROVIDE LICENSEE WITH A REPLACEMENT OR UPDATED OR MODIFIED SOFTWARE FREE OF CHARGE. IN SUCH CIRCUMSTANCE, WONDERSHARE SHALL NOT BEAR OTHER LIABILITIES TO YOU.
16. INDEMNIFICATION
LICENSEE WILL INDEMNIFY AND HOLD LICENSOR HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM OR RELATING TO LICENSEE'S ILLEGAL OR IMPROPER USES OF THE LICENSED SOFTWARE FROM ANY THIRD PARTY. LICENSEE'S OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
17. END-USER GENERATED CONTENT
The Licensed Software enables the Licensee to enter content that will be stored on the computer on which the Licensed Software is installed (such content shall be referred to herein as the "End-User Generated Content"). Licensee is solely responsible for Licensee's use, storage and disclosure of the End-User Generated Content. Licensee may only use the End-User Generated Content responsibly, in a manner consistent with the exercise of good judgment. The Licensed Software may permit the Licensee to enter, copy, edit Content that constitutes non-public personal information of individuals other than the Licensee; the Licensee shall not use, store or disclose any such information without the express consent of the individuals to whom it relates. If Licensee is having difficulty deciding whether Licensee's intended use is appropriate, or whether Licensee needs written permission, or whether other legal issues should be considered, the Licensor strongly encourages Licensee to seek competent legal counsel. The Licensor will not assist Licensee in making this determination, nor can the Licensor provide Licensee with legal advice as to intellectual property rights or privacy laws.
Licensee may only use End-User Generated Content which belongs to Licensee and will not violate the rights of others therein. The Licensor will not edit or monitor any and all Content; Licensee therefore assumes exclusive responsibility for the monitoring thereof. Licensee may not use the Licensed Software in conjunction with content that is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way objectionable.
Licensee is responsible for independently verifying the accuracy and completeness of Licensee’s contents (e.g. any technical illustrations or diagrams for operation guides, parts catalogs, schematics, writing diagrams, assembly instructions, maintenance manuals, architectural presentations or other materials You create and/or modify using Our Software).
If Licensee or Licensee's attorney determines that Licensee is required by law to obtain written permission to use portions of the End-User Generated Content, Licensee must request permission for reproduction, redistribution, or modification of the Content from the appropriate owner of the subject materials (as may be cited in the Licensed Software). If, on the other hand, Licensee or Licensee's attorney determines it is permissible to proceed and include End-user Generated Content from the Licensed Software, the Licensor asks Licensee to correctly designate the Licensor trademark(s) when referring to the Licensed software in the notice or copyright portion of Licensee's paper, project, or product. Licensee shall indemnity, hold harmless, and defend the Licensor and the Licensor suppliers from all claims, damages, attorneys' fees, costs, and lawsuits that arise from, or result from, Licensee's use or distribution of any and all Content and its use of the Licensed Software.
18. EXPORT RESTRICTIONS
You may not use or otherwise export or re-export the licensed software to any countries or territories sanctioned by the United Nations or the USA. By using the licensed software, you represent and warrant that you are not located in any such countries.
19. GOVERNING LAW AND DISPUTE RESOLUTION
This agreement will be governed by the laws of the People's Republic of China without giving effect to the conflict of laws. Any disputes arising out of or in connection with this agreement shall be settled by the Shenzhen Court of International Arbitration in according with its effective rules to the extent not prohibited by local law in your jurisdiction.
20. MISCELLANEOUS PROVISIONS
Either party's failure to exercise any of its rights or responsibilities shall not constitute or be deemed to be a waiver or forfeiture of any such rights. This agreement is the entire agreement between You and Wondershare and supersedes any other communications or advertisements with respect to the Software and documentation. If for any reason a court of a competent jurisdiction finds any provision or portion thereof, to be unenforceable, illegal, the remainder of this agreement shall continue in full force and effect. If there is any conflict between this Agreement and the mandatory provision of any law in Licensee’s jurisdiction, the latter shall prevail.
Wondershare may update this agreement from time to time, you are considered to accept such update if you keep using the Software. If you can not accept the updated agreement, you may choose to terminate this agreement according to Article 8. Under such circumstance, Wondershare will not bear any liabilities or expenses to you.
ACKNOWLEDGMENT BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FORE GOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN.
ADDITIONAL EULA TERMS
This Additional EULA Terms are at Abbyy’s request according to the license agreement between Wondershare and Abbyy and shall apply to such Wondershare software including but not limited to PDFelement Pro for Windows, PDFelement Pro for Mac, PDF Converter Pro for Windows, PDF Converter Pro for Mac which are using ABBYY SDK. For the Wondershare software which is not using ABBYY SDK, this Additional EULA shall not apply. Wondershare Software herein is referred to as Application(s).
IMPORTANT: This Additional EULA Terms is part of “Wondershare Software END USER LICENSE AGREEMENT” (link:https://www.wondershare.com/company/end-user-license-agreement.html). By installing the Applications, the End User (hereinafter referred to as you or the End User) is agreeing to be bound by this Additional EULA Terms, together with all the terms and conditions of “Wondershare Software END USER LICENSE AGREEMENT” (link: https://www.wondershare.com/ company/end-user-license-agreement.html).
1. ABBYY EULA TERMS
1.1 The End User is granted a Runtime License for the ABBYY SDK contained in the Application on condition that the End User complies with the terms and conditions of the Application EULA and this Additional EULA which apply to the ABBYY SDK or to the Application as a whole. The Runtime License may be time- or function-limited and protected from unauthorized copying by means of a hardware or software protection key, which is an integral part of the ABBYY SDK.
1.2 The End User may not perform or make it possible for other persons to perform any of the following activities infringing the rights of the owner of the ABBYY SDK:
1.2.1 Reverse engineer, disassemble or decompile (i.e. reproduce and transform the object code into source code) or otherwise attempt to derive the source code for the ABBYY SDK (applications, databases, and other the ABBYY SDK components), 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;
1.2.2 Modify the ABBYY SDK, including making changes to the object code of the applications and databases contained in the ABBYY SDK other than those changes that can be made by means of the ABBYY SDK as described in the documentation;
1.2.3 Transfer the right to use the ABBYY SDK to third parties or make it possible to use the ABBYY SDK for persons who have no right to use the Application;
1.2.4 Make it possible for any person not authorized to use the ABBYY SDK and working in the same multi-user system with the End User to use the ABBYY SDK;
1.2.5 Provide public services, whether commercial or non-commercial, via the Internet without the prior written consent of ABBYY.
1.3 The ABBYY SDK is provided “as is.” ABBYY does not warrant that the ABBYY SDK will contain no errors, nor will it be liable for any damages, including damages for loss of business profits or disclosure of confidential information.
1.4 Export Rules. The End User shall not export or re-export the ABBYY SDK in violation of any export provisions in force in the country where the End User purchased the Application, or in violation of any other applicable legislation.
1.5 If any part of the EULA is found void and unenforceable, it will not affect the validity of the balance of the EULA, which shall remain valid and enforceable according to its terms. The EULA shall not prejudice the statutory rights of any party dealing as a consumer.
2. MICROSOFT TECHNOLOGIES
The technologies of Microsoft Corporation or their parts (hereinafter referred to as the "Microsoft Technologies") listed hereof are used in the Application. The Microsoft Technologies are distributed under the Microsoft Software License Terms accompanying the Microsoft Technologies.
Technologies of Microsoft Corporation used in the Application:
- MICROSOFT HD PHOTO 1.0 DEVICE PORTING KIT (A.K.A. MICROSOFT WINDOWS MEDIA PHOTO 1.0 DEVICE PORTING KIT)
© 2005-2006 Microsoft Corporation. All rights reserved. Microsoft is either registered trademark or trademark of Microsoft Corporation in the United States and/or other countries.
The Microsoft Technologies are licensed, not sold. This EULA only gives You some rights to use the Microsoft Technologies. Microsoft reserves all other rights. Unless applicable law gives You more rights despite this limitation, You may use the Microsoft Technologies only as expressly permitted in the Microsoft Software License Terms and in this EULA. In doing so, You must comply with any technical limitations in the Microsoft Technologies that only allow You to use it in certain ways. You may not:
* use the Microsoft Technologies for any other purpose than the one intended. The Microsoft Technologies’ purpose is for the implementation of HD Photo encoders and/or decoders in XML Paper Specification products that comply with and support the HD Photo 1.0 file format (a.k.a. the Windows Media Photo 1.0 file format) as defined in the specification(s) provided in the Microsoft Technologies.
* publish the Microsoft Technologies for others to copy;
* rent, lease or lend the Microsoft Technologies;
* transfer the Microsoft Technologies or this Microsoft Software License Terms to any third party other than as expressly permitted thereunder.
Export restrictions. The Microsoft Technologies are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Microsoft Technologies. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
3. CUMINAS SOFTWARE
''Oniguruma Copyright © 2002-2006 K.Kosako < sndgk393 AT ybb DOT ne DOT jp >
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.
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.''
4. ADOBE SOFTWARE
Whereas the ABBYY SDK incorporates Adobe Software, the End User agrees to be bound by the following Adobe Software terms:
4.1 Adobe Software. means Adobe Software including Adobe® PDF LibraryTM and related documentation, and any upgrades, modified versions, updates, additions, and copies thereof. The ABBYY SDK uses the Adobe Software for converting PDF files into image files.
4.2 License Grant and Restrictions. The End User is granted a non-exclusive right to use the Adobe Software incorporated into the ABBYY SDK under the terms of this EULA.
4.3 Intellectual Property Rights. The Adobe Software incorporated into the ABBYY SDK is owned by Adobe and its suppliers, and its structure, organization and code are the valuable trade secrets of Adobe and its suppliers. The Adobe Software is also protected by United States Copyright Law and International Treaty provisions. The End User may not copy the Adobe Software incorporated into the ABBYY SDK, except as provided in this EULA. Any copies that the End User is permitted to make pursuant to this EULA must contain the same copyright and other proprietary notices that appear on or in the ABBYY SDK. The Ender User agrees not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Adobe Software incorporated into the ABBYY SDK. Except as stated above, this EULA does not grant to the End User any intellectual property rights in the Adobe Software incorporated into the ABBYY SDK.
4.4 Warranty. ABBYY AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE RESULTS THE DEVELOPER MAY OBTAIN BY USING THE ADOBE SOFTWARE INCORPORATED INTO THE ABBYY SDK.
4.5 Export Rules. The End User agrees that the Adobe Software incorporated into the ABBYY SDK 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 referred to as the Export Laws). In addition, if the Adobe Software incorporated into the ABBYY SDK is identified as export controlled items under the Export Laws, the End User represents and warrants that the End User is not a citizen, or otherwise located within, an embargoed nation and that the End User is not otherwise prohibited under the Export Laws from receiving the Adobe Software incorporated into the ABBYY SDK. All rights to use the Adobe Software incorporated into the ABBYY SDK are granted on condition that such rights are forfeited if the End User fails to comply with the terms of this EULA.
4.6 General Provisions. This EULA shall not prejudice the statutory rights of any party dealing as a consumer.
4.7 Trademarks. Adobe and Adobe PDF Library are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.
5. TWAIN TOOLKIT
Whereas the ABBYY SDK incorporates TWAIN toolkit, the End User shall be bound to the terms and conditions herein.
The TWAIN Toolkit is distributed as is. The developer and distributors of the TWAIN Toolkit expressly disclaim all implied, express or statutory warranties including, without limitation, the implied warranties of merchantability, non-infringement of third party rights and fitness for a particular purpose. Neither the developers nor the distributors will be liable for damages, whether direct, indirect, special, incidental, or consequential, as a result of the reproduction, modification, distribution or other use of the TWAIN Toolkit.
6. PROPRIETARY NOTICES
6.1 ABBYY rights:
For ABBYY FineReader Engine 11 for Windows: This software includes ABBYY® FineReader® Engine 11 recognition technologies © 2013, ABBYY Production LLC. ABBYY and FINEREADER are either registered trademarks or trademarks of ABBYY Software Ltd.
For ABBYY FineReader Engine 11 for Mac OS:
This software includes ABBYY® FineReader® Engine 11 recognition technologies © 2013, ABBYY Production LLC.
ABBYY and FINEREADER are either registered trademarks or trademarks of ABBYY Software Ltd.
6.2 Wibu-Systems’ dongles: the End User shall be informed that German export regulations apply in the event of an export of Wibu-Systems products. WIBU, CodeMeter, SmartShelter, SmartBind are registered trademarks of Wibu-Systems.
