End User License Agreement For MagicScan

Important! Read the following terms carefully before installing, copying and/or using this software product. Installing, copying or using this software product indicates your acceptance of these terms. Kenxen Limited (Kenxen) End User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and Kenxen Limited for the Kenxen Limited software products identified above which may include associate software components, media, printed materials, and online or electronic documentation (SOFTWARE PRODUCT). This license agreement represents the entire agreement concerning the program between you and the Kenxen Limited, (referred to as licensor), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT or its components. This EULA comes into force when You start using the SOFTWARE or accept all the conditions stated herein expressing; Your explicit consent to the terms of this EULA by: o o Selecting the appropriate option from the list in the process of the SOFTWARE installation; Validating of this EULA in the process of the first start;

and is binding for the entire period of the SOFTWARE copyright, except as otherwise provided by this EULA;

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. Definitions and interpretation In this EULA: Computer means a desktop, notebook, net book or similar computer owned by and in the control of the Licensee;

Documentation means the documentation concerning the Software supplied by the Licensor or by the Software supplier to the Licensee with the Software;

Effective Date means the date when the Licensee agrees to the terms and conditions of this EULA, as detailed in the preamble to this EULA;

EULA means this end user license agreement (including the preamble), and any amendments to it from time to time;

Intellectual Property Rights means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights (and the intellectual property rights referred to above include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs); Licensee means the licensee of the Software under this EULA; Licensor means Kenxen Limited, a limited company incorporated in Hong Kong.

Software means the object code version of Kenxens MagicScan software.

Upgrade an upgrade, update, enhancement, improvement or patch to the Software supplied by the Licensor.

"You," "Your," and "End User" refer to and include any person and/or any legal entity that obtained this SOFTWARE and on whose behalf this SOFTWARE is being used.

1. GRANT OF LICENSE The SOFTWARE PRODUCT is licensed as follows;

(a) Installation Use. Kenxen grants you a non-exclusive, non-transferable, non-sublicensable, revocable license ("License") including the right to install and use copies of the SOFTWARE PRODUCT on your computer running a validity licensed copy of the operating system for which the SOFTWARE PRODUCT was designed.

(b) Restrictions. This License is granted solely for Licensee's personal purposes in accordance with the terms of this Agreement. You may not, rent, lease, sell, redistribute, modify, reformat, reproduce, distribute, repost, transmit, translate, disassemble, recompile, reverse engineer, publish, license, sell, rent, transfer, or create derivative works of the Toolbar or Content.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS 1. Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.

2. Distribution. You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. 3. Prohibition on Disassembly. Reverse Engineering, recompilation, and

You may not reverse engineer, recompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. 4. Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT. 5. Support Services. KENXEN may provide you with support services related to the SOFTWARE PRODUCT (Support Service). Any supplement software code provided to

you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT as subject to the terms and conditions of the EULA. 6. Compliance with Applicable Law. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.

3. TERMINATION Without prejudice to any other rights, Kenxen may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such events, you must destroy all copies of the SOFTWARE PRODUCT in your possession.

4. COPYRIGHT All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by KENXEN or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Kenxen Limited.

5.

ABBYY Technology (a) The term " ABBYY Software" includes ABBYY Technology and related documentation, and any upgrades, modified versions, updates, additions, and copies thereof.

(b) 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 EULA which apply to the ABBYY SDK or to the APPLICATION as a whole. The Runtime License may be time-limited 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. (c) The End User may not perform or make it possible for other persons to perform any activities included in the list below:
i) Disassemble or recompile (i.e. extract the source code from the object

code) ABBYY SDK (applications, databases, and other ABBYY SDK components), except, and only to the extent, that such activity is expressly permitted by applicable law notwithstanding this limitation.
ii) Modify ABBYY SDK, including making changes to the object code of the

applications and databases contained in the ABBYY SDK other than those provided for by the ABBYY SDK and described in the documentation.
iii) Transfer any rights granted to you hereby and other rights related to

ABBYY SDK to any

other person, not authorized to use ABBYY SDK.

iv) Make it possible for any person not entitled to use ABBYY SDK and

working in the same multi-user system as you to use ABBYY SDK.

v) Provide services, whether commercial or non-commercial, through the

use of the Application and/or to provide the results acquired by means of the Application to any third party via global network (Internet). (d) ABBYY SDK is supplied as is. ABBYY does not guarantee that ABBYY SDK will carry no errors, nor will it be liable for any damages, either direct or indirect, including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss resulting from the use of ABBYY SDK, or damages caused by possible errors or misprints in ABBYY SDK. (e) Export Rules. If purchased in the United States, ABBYY SDK shall not be exported or re-exported in violation of any export provisions of the United States or any other applicable legislation. (f) 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.

a. Embedded Fonts

Font programs are subject to copyright, and the copyright owner may impose conditions under which a font program can be used. You may be required to own a licensed copy of the font program to embed the font into a PDF file. In no event shall ABBYY be liable for any damages arising out of or in connection with Your use of embedded fonts.

b. Export Rules
The SOFTWARE shall not be exported or re-exported 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.

c.

APPENDICES The Agreement (along with any and all associated Appendices) is the entire Agreement between the parties as to the matters set forth herein and supersedes any such prior agreement or it, shall be effective.

6.

NO WARRANTIES Kenxen expressly disclaims any warranty for the SOFTWARE PRODUCT, The SOFTWARE PRODUCT is provided As Is without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, no infringement, or fitness of a particular purpose. Kenxen does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Kenxen makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Kenxen further expressly disclaims any warranty or representation to Authorized users or to any third party.

7.

LIMITATION OF LIABILITIES In no event shall Kenxen be liable for any damages, (including, without limitation, lost, profits, business interruption, or lost information) rising out of Authorized Users use of or inability to use the SOFTWARE PRODUCT, even if

KENXEN has been advised of the possibility of such damages. In no event will Kenxen be liable for loss of data or for indirect, special, incidental, consequential (INCLUDING LOST PROFIT), or other damages based in contract, tort or otherwise. Kenxen shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

8.

ERRORS If at any time during the Agreement the End User becomes aware that there is an error in the Software, the End User will Endeavour to notify the Licensor of the perceived defect.

The Licensor will not be liable for any damage or loss caused by an error in the Software.