3. General Obligations
General Restrictions. To the fullest extent permissible under applicable law, You will not, and will not permit or authorize third parties, directly or indirectly, to:
a) use Service for any purpose or activity prohibited under applicable law;
b) rent, sublicense, transfer or resell Service;
c) probe, scan or test the vulnerability of Service;
d) circumvent or disable any technical features or security measures of Service;
e) monitor data or traffic on Service;
f) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Service, such as a denial-of-service attack (DoS) or distributed denial-of-service (DDoS) attack;
g) provide on-line services to third parties through the use of Service, while providing similar functionality to that of Service or ABBYY FineReader Online available under https://finereaderonline.com/en-us;
h) use Service for CAPTCHA breaking;
i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of Service or any software (including Service Software), documentation or data related to or provided with Service;
j) transmit to ABBYY or its service providers, or transmit via Service, any software (including Service Software) or materials that contain any viruses, worms, Trojan horses, logic bombs, defects, or other material which is malicious, destructive or technologically harmful;
k) use Service in any way not listed in the online documentation, which is available at https://www.ocrsdk.com/documentation/;
l) impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information, in connection with Service;
m) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, correct errors in, or create derivative works based on Service or any software (including Service Software) related to or provided with Service or Service Marketing Materials without ABBYY’s prior written approval;
n) use Service Marketing Materials for any purpose other than to use Service in accordance with this Agreement.
o) make it possible for any person not entitled to use Services to access and/or use Service or any software (including Service Software) related to or provided with Service;
p) register with more than one email address for the purpose of receiving additional free pages, or circumventing the terms and conditions of the pricing policy or the terms and conditions of the marketing campaigns; or
q) submit Uploaded Data which is subject to U.S. export control and regulation.
Code Samples Restrictions. Except as otherwise explicitly provided in this Agreement:
a) Code Samples are the property of ABBYY and shall at all times remain with ABBYY.
b) You may include Code Samples into Your Solution.
c) You may study, modify and provide Code Samples to End Users in binary code as part of Your Solution or provide in-house access to Code Samples, provided that Your Solution uses Code Samples solely for processing the results obtained with Service.
d) Ownership of modifications to Code Samples shall remain with the party making such modifications.
e) If You disclose modifications made to Code Samples by sending them to ABBYY technical support service or by any other means, ABBYY shall be deemed to have been granted an irrevocable, non-exclusive, perpetual, transferable, royalty-free license to make, use, sell, offer to sell, import, license, sub-license, and assign its license to Your modifications to Code Samples, without remuneration due to You. You represent and warrant that the aforementioned rights granted to ABBYY shall be free of any third party rights or encumbrances and that You have obtained all necessary rights to grant the rights to ABBYY and that You have, if applicable, paid all necessary remuneration to the authors of such modifications. If You do not wish to transfer to ABBYY the license to the modifications to Code Samples, You shall not disclose to ABBYY the source code of such modifications.
- Export Compliance. You are solely responsible for the authorization and management of Accounts across geographic locations and agree to comply strictly with all applicable export control laws and other applicable laws. Without limiting the generality of the foregoing sentence, You agree not to export, re-export, transmit, or cause to be exported, re-exported or transmitted, any Service or Service Marketing Materials to any jurisdiction, individual, corporation, organization, or entity to which such export, re-export, or transmission is restricted or prohibited under applicable law, including any country, individual, corporation, organization, or entity under sanctions or embargoes administered by the United States of America.
- Actions by Authorized Users. ABBYY will establish during the signup process one set of Authorized User Account information, consisting of Account Credentials. You are solely responsible and liable for all actions and omissions of all Authorized Users and must take all appropriate measures to ensure that Authorized Users only add or remove subscriptions to Service, make payments, request Service functionality, or engage in any other activity in connection with Service with Your prior consent. You are solely responsible and liable for maintaining the confidentiality of all Account Credentials and and Application Credentials and for any unauthorized use of any Account Credentials and and Application Credentials.
- Unauthorized Use. You shall: (a) immediately notify ABBYY of any unauthorized use of any user name, password or other Account information relating to the Account or any other known or suspected breach of security related to the Service; and (b) report to ABBYY immediately and use Your best efforts to immediately stop any unauthorized use, copying or distribution of any part of the Service.
- Data. You shall bear sole responsisbility for the accuracy, quality, integrity, legality, reliability, appropriateness, intellectual property ownership, and usage rights for all of Your Data and any data sent by You, Your Authorized Users / End Users to Service. You will abide by and will be solely responsible for any breach of applicable local, state, national, and foreign law, treaty, or regulation in connection with Your Data / Uploaded Data, including those related to data privacy, international communications, and the transmission of technical or Personal Data. Terms and conditions of processing and storage of Uploaded Data are specified in Data Processing Addendum (https://ocrsdk.com/dpa/) (“DPA”) to this Agreement and shall apply if and to the extent ABBYY processes Personal Data on Your behalf. The DPA is only applicable if either a) You are domiciled in European Economic Area (EEA), the United Kingdom, or Switzerland, or b) You are domiciled in a country other than European Economic Area (EEA), the United Kingdom, or Switzerland and You have chosen Data Processing Location in the European Union. In the event of a conflict between any provision in the DPA and any provision in the Agreement or its appendices, the DPA shall control.
- Data Processing. To perform the obligations under this Agreement in an efficient manner, ABBYY and its Affiliates may need to process and store Your Data and Uploaded Data (pursuant to DPA, if applicable). You shall provide to ABBYY, in compliance with the Data Protection Laws, certain information that is reasonably required by ABBYY to provide the Service, including but not limited to the name and e-mail address, of Your relevant personnel and of Authorized Users, and information on when, how and how much of Service functionality You use. You hereby authorize ABBYY to process this subset of Your Data (including but not limited to collecting, systematizing, storing, updating, modifying, using, distributing, transferring, depersonalizing, locking or deleting) in electronic or paper format for the purpose of providing You with the Service. ABBYY guarantees that the data You provide will be stored strictly within ABBYY and ABBYY Affiliates and will not be disclosed to any third parties except as expressly required or permitted by law and/or as necessary for the performance of this Agreement. Except as otherwise provided in this Agreement and DPA (if the latter is applicable), ABBYY will not access, review, use, publish, reproduce or disclose any of Your Uploaded Data
- E-mail Messages. You hereby authorize ABBYY to send Your designated personnel, agents and Representatives who have expressly consented to receive e-mail messages about ABBYY’s product and company news, special offers, products usage advices and other marketing-related information related to ABBYY’s activities. You may remove such personnel’s e-mail addresses from the mailing list at any time by changing the appropriate setting in Your Service Management System. You shall also receive from ABBYY e-mail messages with critical information related to Service operation (password-related e-mails, service notifications, etc.).
- Your Compliance With Laws. You agree that, other than ABBYY’s legal obligations as a processor of certain data stored in Service, You are solely responsible for complying with any laws, treaties, or regulations in connection with collection, uploading, use, transfer and other control of any Uploaded Data or Your Data, including personal or confidential data, and shall defend, indemnify and hold ABBYY harmless from and against any and all claims, actions, proceedings, expenses, liabilities, damages, losses, costs, and expenses, including attorneys’ fees, associated with and/or arising from such Uploaded Data. If Uploaded Data processing causes failure of Service or leads to an abnormal consumption of computing resources or other exceptional cases adversely affecting the functionality of the Service, You consent to ABBYY’s use of such Uploaded Data for the sole purpose of safeguarding the functionality of the Service.
- Location of Storage for the Services. Uploaded Data will be stored for processing purposes (duration of the storage is subject to section 3.12 of this Agreement) either in the European Union or the United States of America, depending on what Data Processing Location You selected during the Application creation step.
- Deletion Periods. ABBYY and its Affiliates will automatically schedule all Uploaded Data for deletion within forty-two (42) hours after it has been uploaded to the Service. Processed Uploaded Data will be scheduled for deletion within twenty-four (24) hours after it has been processed by the Service. Uploaded Data scheduled for deletion will be deleted within six (6) hours after it has been scheduled for deletion. If You wish to delete Uploaded Data sooner than the specified automatic deletion periods, You may do so by using the method described in the documentation (https://www.ocrsdk.com/documentation/api-reference/).
End User Agreement Terms. Your End User Agreements shall contain minimal terms in favor of ABBYY that substantially meet the following requirements:
a) statements that Your Solution utilizes Service with a reference to Service’s exact name in it, and that Your Solution contains third party technologies.
b) End User is granted only a non-exclusive, nontransferable right to use Service.
c) ABBYY shall not be liable to End User for any general, special, direct, indirect, consequential, incidental, or lost profits or other damages arising out of or related to Service.
d) End User will not: (i) decompile or reverse engineer Service or Service Software or its component parts; (ii) modify, publish, transmit, license, sublicense, transfer, sell, distribute, reproduce, create derivative or collective works from, or in any way otherwise exploit Service or Service Software or make Service or Service Software available, in whole or in part; (iii) disclose results of any services or program benchmark tests without ABBYY’s prior written consent; (iv) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make Service available to any third party other than as expressly permitted under the terms of the agreement; (v) transmit files, content, photographs, videos, personal or technical data or any other type of information or data (collectively, “User Content”) that is defamatory or libellous; (vi) transmit any User Content that it has no rights to, or for which transmission would constitute infringement of third-party intellectual property rights; or (vii) transmit any viruses, malicious code, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another's computer, data or property, or transmit any other harmful or code technology.