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Third Party Software Terms and Conditions

Y Soft Corporation, a.s.

Version No. of the EULA referring to this document: EULA V 6
Effective date of this version of the document: 7/19/2016
Issue date of this version of the document: 7/19/2016

Third Party Software Terms and Conditions specified hereunder are binding upon all users of software developed, or in any other manner delivered, by the company Y SOFT CORPORATION, A.S., registered in the Commercial Register maintained by the Municipal Court in Prague under Section B, Entry No. 16279, ID No.: 26197740, with its registered office at Prague 3, U Kněžské louky 2151/18, Postcode: 13000 (hereinafter referred to as the ”Company“), and referred to as the third party software by respective provision of the EULA, irrespective of the method of delivery of such software.

1. General Provisions

1.1 Applicability

These Third Party Software Licence Terms and Conditions form and integral part of the EULA and are applicable to the parts of the Company´s Software developed or licensed by the respective third parties, as listed hereunder.

1.2 Order of Precedence

In the event of an inconsistency or conflict between the provisions of  this document  and the EULA, the respective provision of this document shall prevail.

2. Third Party Software Terms and Conditions

2.1 ABBYY SDK

2.1.1

Rights to ABBYY SDK belong to ABBYY Solutions Ltd.


2.1.2

The Licensee is granted a runtime license for the ABBYY SDK contained in the Company’s Software. 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.


2.1.3

The Licensee 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:

A) 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;

B) 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;

C) 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 Company’s Software;

D) For ABBYY FineReader Engine 11 only: Make it possible for any person not authorized to use the ABBYY SDK and working in the same multi-user system with the Licensee to use the ABBYY SDK;

E) Use the Licensed Software containing ABBYY SDK to provide public (commercial or noncommercial) services via the Internet without the prior written consent of ABBYY.


2.1.4

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.


2.1.5

Export Rules. The Licensee shall not export or re-export the ABBYY SDK in violation of any export provisions in force in the country where the Licensee purchased the Company’s Software, or in violation of any other applicable legislation.


2.1.6

TWAIN Toolkit.
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.


2.1.7

CUMINAS Software.
FOR ABBYY FINEREADER ENGINE 11 FOR WINDOWS:
“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.”
Restrictions on software acquired in the United States:
Government Use. If use is made of the SOFTWARE by the United States Government or any US Government agency, the following additional terms shall apply: (1) Restricted Computer Software, as defined in the Rights in Data-General clause at Federal Acquisition Regulations 52.227-14; and (2) any use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (с)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013;
Export rules. You agree that You shall not export or re-export the SOFTWARE in violation of any export provisions in the laws of the country in which this SOFTWARE was purchased or otherwise acquired. In addition, You represent and warrant that You are not prohibited under applicable laws from receiving the SOFTWARE.


2.2 ORACLE Java Embedded ME Client Binary

2.2.1

Trademarks and Logos.
Oracle owns the Java trademark and all Java-related trademarks, logos and icons including the Coffee Cup and Duke ("Java Marks"). Licensee agrees to: (a) comply with the Java Trademark Guidelines at http://www.oracle.com/us/legal/third-partytrademarks/index.html; (b) not do anything harmful to or inconsistent with Oracle's rights in the Java Marks; and (c) assist Oracle in protecting those rights, including assigning to Oracle any rights acquired by the Licensee in any Java Mark.


2.2.2

Source Code.
Licensed Software may contain source code that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant to the terms of the EULA.


2.2.3

Third Party Code.
Additional copyright notices and license terms applicable to portions of the Programs are set forth in the THIRDPARTYLICENSEREADME.txt accessible via http://www.oracle.com/technetwork/java/javase/downloads/thirdpartylicensereadme-java8-2168078.txt
 
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