3. General Obligations
3.1. General Restrictions. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, You will not, and will not permit or authorize third parties, directly or indirectly, to:
(a) Provide on-line services to third parties through the use of the Service, while providing similar functionality to that of the Service or ABBYY FineReader Online;
(b) circumvent or disable any technical features or measures in Service;
(c) attempt to make denial-of-service attack (DoS) or distributed denial-of-service (DDoS) attack through the Service;
(d) use the Service for CAPTCHA breaking;
(e) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Service or any software, documentation or data related to or provided with the Service unless such acts are expressly permitted under the applicable laws;
(f) misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful;
(g) use the Service in any way not listed in the online documentation, which is available at https://www.ocrsdk.com/documentation/;
(h) register with more than one email address for the purpose of receiving additional free access, or circumventing the terms and conditions of the pricing policy or the terms and conditions of the marketing campaigns; or
(i) submit Uploaded Data which is subject to U.S. export control and regulation.
3.2. 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 the Code Samples into Your Application/Your Service.
(c) You may study, modify and provide the Code Samples to End Users in binary code as part of Your Application/ Your Service or provide in-house access to the Code Samples, provided that Your Application/Your Service use the Code Samples solely for processing the results obtained with the Service.
(d) Ownership of modifications to the Code Samples shall remain with the party making such modifications.
(e) If You disclose modifications made to the Code Samples by sending them to the 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 the 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 the Code Samples, You shall not disclose to ABBYY the source code of such modifications.
3.3. Service Marketing Materials Restrictions. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, You will not, and will not permit or authorize third parties to:
(a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works based on Service Marketing Materials, except with prior written approval from ABBYY unless such acts are expressly permitted under the applicable laws;
(b) use Service Marketing Materials for any purpose except the purpose related to the Service usage.
3.4. RESTRICTED RIGHTS LEGEND. Any technical data, software, and documentation provided with the Service and used for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software Subsection at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is ABBYY.
3.5 Export Restrictions. You will not directly or indirectly import, export, or re-export the Service or Your Functionality outside Your country without obtaining all permits and licenses as may be required by, and conforming with, all applicable laws and regulations of the governments of your country and the foreign territory.
3.6. Actions by Authorized Users. ABBYY will establish during the sign-up process one set of Authorized User account information, consisting of a user name and password, with full privileges to the Service. You are responsible for any actions taken by an Authorized User or End Users and are obligated to take appropriate measures to avoid that an Authorized User, without Your prior consent, adds or removes subscriptions to Service, makes payments or requests Service functionality. You will abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with Your use of the Service. In no event will ABBYY be responsible or liable for any damages, fines, taxes, or other consequences of misuse or abuse of the Service by Authorized Users/End users. You are solely responsible for the security of Authorized User account information and related Application’s credentials, including the storage of user names, passwords, and other secret information if applicable, and the choice of strong passwords. ABBYY may from time to time impose, but is not obligated to impose, password and other secret information management policies that You agree to comply with, including but not limited to minimum password strength and maximum password lifetime.
3.7. Unauthorized Use. You will: (a) immediately notify ABBYY of any unauthorized use of any password or other secret account information or any other known or suspected breach of security; (b) report to ABBYY immediately and use best efforts to immediately stop any unauthorized copying or distribution of any part of the Service; and (c) not impersonate another user or provide false identity information to gain access to or use the Service.
3.8. Data. You are solely responsible 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 the 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 the Uploaded Data are specified in the 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 either a) You are domiciled in a country specified in Section 10.14 (a) of this Agreement, or b) You are domiciled in a country other than the countries specified in Section 10.14 (a) and You have chosen Data Processing Location in the European Union. Depending on Your choice of Data Processing Location, Uploaded data may be stored for processing purposes (duration of the storage is subject to the clause 3.16of the Agreement) either in the European Union or in the United States of America. In the event of a conflict between any provision in the DPA and any provision in the Agreement or Exhibits to it, the DPA shall control.
3.9. 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 the Authorized Users, and information on when, how and how much of the 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.
3.10. 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 personal Service Management System.
3.11. You shall also receive from ABBYY e-mail messages with critical information related to the Service operation (password-related e-mails, service notifications, etc.).
3.13. You agree that, other than ABBYY’s legal obligations as a processor of certain data stored in the 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 Service failures or leads to the 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.
3.14. Except as otherwise provided in this Agreement and the DPA (if the latter is applicable), ABBYY will not access, review, use, publish, reproduce or disclose any of Your Uploaded Data.
3.15. Location of Storage for the Services. Uploaded Data will be stored for processing purposes (duration of the storage is subject to the clause 3.16 of this Agreement) either in the European Union or the United States of America depending from what Data Processing Location You have chosen during the creation of an Application.
3.16. 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/ ).