Understanding the Legal Framework of ABBYY FlexiCapture Online Service - Terms, Conditions & Compliance Standards

ABBYY FlexiCapture Cloud

Embed FlexiCapture Capabilities

Third Party Software Terms and Conditions (“TPS T&C”)

Last updated: 27 March 2020

1. The Service contains the following Third Party Software:

1.1. Datalogics Software and Adobe Products

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.

License Grant and Restrictions. ABBYY grants you a non-exclusive right to use the Datalogics Software and Adobe Products under these Terms.

Intellectual Property Rights. The Datalogics Software 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 Datalogics Software and Adobe Products are also protected by United States Copyright law and International Treaty provisions. You may not copy the Datalogics Software and Adobe Products. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Datalogics Software and Adobe Products. Except as stated above, these Terms do not grant You any intellectual property rights in the Datalogics Software and Adobe Products.

Font License. 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.

Trademarks. Trademarks appearing herein are either registered trademarks or trademarks of their respective owners in the United States and/or other countries.

1.2. CUMINAS Software

Portions of the Service are copyright © 2008 Celartem, Inc. All rights reserved. Portions of the Service arecopyright © 2011 Caminova, Inc. All rights reserved. Portions of the Service are copyright © 2013 Cuminas, Inc. All rights reserved. DjVu is protected by U.S. Patent No. 6,058,214. Foreign Patents Pending. Powered by AT&T Labs Technology.

You have the right to use DjVu SDK as part of the Service for the term of use, stated in these Terms.

CUMINAS Software incorporates the following Third Party Code:

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.

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.

1.3. Kakadu Software

1.4. Pixtran (pixtools)

EMC’s and EMC’s licensors’ intellectual property rights in the Software are protected under all legal theories applicable to the geography where the Software is used;

ABBYY makes You no representations or warranties on behalf of EMC. All rights which EMC may have in or to the pixtran (pixtools) which are not expressly granted herein are reserved by EMC.

1.5. TWAIN toolkit

You agree to be bound by the following provisions:

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, noninfringement 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.

1.6 Wibu-Systems

WIBU, CodeMeter, SmartShelter, SmartBind are registered trademarks of Wibu-Systems. German export regulations apply in the event of an export of Wibu-Systems products.

2. 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 is 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.

You can find the information about the Third Party Software in the documentation accompanying the Service, or You can request this information by sending an email to [email protected] .

3. 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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Understanding the Legal Framework of ABBYY FlexiCapture Online Service - Terms, Conditions & Compliance Standards