Opera Software End User License Agreement For Opera Desktop browserBY ACCEPTING DELIVERY OF THE SOFTWARE AND/OR SERVICES, YOU (HEREINAFTER"CUSTOMER" OR "YOU") ARE EXPRESSLY AGREEING TO BE BOUND BY THE TERMSAND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IFTHESE TERMS ARE CONSIDERED AN OFFER BY OPERA SOFTWARE, ASA ("Opera"),ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. OPERA IS WILLING TO MAKETHE SOFTWARE AVAILABLE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPTTHE TERMS OF THIS AGREEMENT. WRITTEN APPROVAL IS NOT A PREREQUISITE TOTHE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT.TERMS AND CONDITIONS. This End User License Agreement (this "Agreement") is betweenCustomer and Opera. This Agreement governs Customers use of the Software provided to Customerby Opera, including any releases of or to the Software that Customer may receive from Opera, togetherwith the documentation included therewith.1. DEFINITIONS. For purposes of this Agreement, the following terms will have the followingmeanings:1.1 "Customer" or "you" means the legal entity or person who orders or downloads the Software and/oractivates the Services.1.2 "Documentation" means the standard end-user technical documentation, specifications, materialsand other information Opera supplies with the Software and/or Services.1.3 "Services" means the various services to which Opera provides users with access, including withoutlimitation, Opera Turbo, the My Opera Community, the Opera Portal Web site, the Dev.Opera Website, the Opera Widgets Web site, Opera Unite, search services, personalized content and brandedprogramming through its network of properties which may be accessed through any various medium ordevice now known or hereafter developed.1.4 "Software" means the proprietary Opera software products (in object code format only) delivered toyou hereunder (including but not limited to the Opera Browser and the Opera Widgets Manager),together with any update or upgrade thereto, when and if made available to you by Opera. Softwaredoes not include Third Party Software.1.5 "Third Party Software" means the software of certain third parties which Opera may deliver withthe Software, including but not limited to widgets of certain third parties and independent developers.1.6 "Use" means to cause a computer system to execute any machine-executable portion of theSoftware in accordance with the Documentation or to make use of any Documentation or relatedmaterials in connection with the execution of any machine-executable portion of the Software.2. LICENSE. Subject to the terms and conditions of this Agreement, Opera hereby grants Customer alimited, non-exclusive, non-transferable, non-sublicensable license to use the Services and to installand Use the Software supplied to Customer hereunder, as installed on your personal computer,including your laptop, desktop or on computers within Customers organization.
3. LICENSE RESTRICTIONS AND THIRD PARTY SOFTWARE.3.1 Customer shall not and shall not allow any third party to: (a) use the Software or Services except asexpressly permitted under Section 2; (b) separate the component programs of the Software for use ondifferent computers; (c) adapt, alter, publicly display, publicly perform, translate, embed into any otherproduct or otherwise create derivative works of, or otherwise modify the Software or Services; (d)sublicense, lease, rent, loan, or distribute the Software or Services to any third party; (e) transfer theSoftware or Services to any third party; (f) reverse engineer, decompile, disassemble or otherwiseattempt to derive the source code for the Software, (i) except as permitted by applicable law, or (ii)soley to the extent required to debug changes to any third party LGPL-libraries linked to by theSoftware; (g) remove, alter or obscure any proprietary notices on the Software or Services, or theapplicable documentation therefore; or (h) allow third parties to access or use the Software or Services,including without limitation any use in any application service provider environment, service bureau,or time-sharing arrangements.3.2 Third Party Software is subject to separate terms and conditions included with, or contained in thesetup installation segments of such Third Party Software. The license restrictions contained in thisAgreement do not apply to Third Party Software to the extent they are inconsistent with such ThirdParty Software terms.4.USE OF SERVICES4.1 Opera provides users with access to a rich collection of resources and Services, including withoutlimitation various communications tools, forums such as the "My Opera Community" site, andpersonalized content through its network of properties which may be accessed through any variousmedium or device now known or hereafter developed. Certain features of these Services may allowyou to post or send content that can be viewed by others ("User Generated Content"). You agree thatOpera is not liable for User Generated Content that is provided by others. We have no duty topre-screen User Generated Content, but we have the right to refuse to post, edit, or deliver submittedUser Generated Content. We reserve the right to remove User Generated Content for any reason, butwe are not responsible for any failure or delay in removing such material. We reserve the right to blockany users access to any content, Web site or Web page that Opera provides in our sole discretion.4.2 Disputes may arise between you and others or between you and Opera related to content, includingUser Generated Content. Such disputes could involve, among other things, the use or misuse ofdomain names; the infringement of copyrights, trademarks or other rights in intellectual property;defamation; fraud; the use or misuse of information; and problems with online auction or commercetransactions. You agree that all claims, disputes or wrongdoing that result from, or are related in anyway to, the content of information that you post, transmit, re-transmit or receive through the Services,Opera Softwares network or Software are your sole and exclusive responsibility. Opera may at itsdiscretion block certain Web sites or domains and re-route you to other pages.4.3 The use of several of the Services, including Opera Link, requires that you are a registered OperaID user. You can register for an Opera ID without any charge at http://my.opera.com/. Opera Linkallows users to synchronize some data, such as bookmarks, among their Opera Desktop, Opera Mobileand Opera Mini Web browsers. The Terms of Service for the Services is found at http://my.opera.com/community/terms-of-service/, and is incorporated in this Agreement by reference.
4.4 We reserve the right at any time and from time to time to modify or discontinue, temporarily orpermanently, the Services (or any part thereof) with or without notice. You agree that we shall not beliable to you or to any third party for any modification, suspension or discontinuance of the Services.4.5 Without limiting the applicability of the foregoing general terms, the following terms andconditions apply for the specific services discussed below.4.5.1 Opera Turbo: When Opera Turbo is enabled, it will request normal Web content through anOpera Software proxy server. Opera Turbo will exclude Web pages located on an intranet or usingsecure connections (HTTPS). The browsing experience may change due to increased Web pageloading speeds when using Opera Turbo. We reserve the right to change, limit usage of, charge forcontinued usage of (of course require you to opt in before incurring any charges), and/or discontinuethe Opera Turbo service at any point in time. Furthermore, we reserve the right to revise the terms ofthe Opera Turbo service, which may include making the Opera Turbo service subject to a separateagreement.4.5.2 Opera Unite: Opera Unite is a service whereby Opera provides users with a Web browsercommunication platform through a bundled Web server to share content, collaborate, and interact withothers. Certain features of Opera Unite allow you to post and send content and/or links to UserGenerated Content stored on your computer, which can be viewed and/or accessed by others. Thecontent is not stored by Opera, and Opera exercises no control over User Generated Content passingthrough its network or equipment or available on or through the Services. You agree that Opera is notliable for any loss of data. You may only post or send via the Services User Generated Content thatyou created or that you have permission to send and/or post. You agree not to use Opera Unite toupload, transfer or otherwise make available files, images, code, materials, or other information orcontent that is obscene, vulgar, hateful, threatening, or that violates any laws or third-party rights,hereunder but not limited to third-party intellectual property rights. We reserve the right to terminateyour account if you use Opera Unite to unlawfully transmit copyrighted material without a license,valid defense or fair use privilege to do so. We do not claim ownership of any User Generated Content.However, by submitting User Generated Content to us, you grant us the right and limited license to use,copy, display, perform, distribute and adapt this User Generated Content for the purpose of carrying outthe Services.5. PROPRIETARY RIGHTS. Customer acknowledges and agrees that the Services and the Software,including without limitation the Softwares sequence, structure, organization, source code andapplicable documentation contains valuable trade secrets and other intellectual property of Opera andits suppliers and is considered Operas confidential information. The Software and Services arelicensed and not sold to Customer, and no title or ownership to such Software or Services or theintellectual property rights embodied therein passes as a result of this Agreement or any act pursuant tothis Agreement. The Software and Services and all intellectual property rights therein are the exclusiveproperty of Opera and its suppliers, and all rights in and to the Software and Services not expresslygranted to Customer in this Agreement are reserved. Opera owns all copies of the Software, howevermade. Nothing in this Agreement will be deemed to grant, by implication, estoppel or otherwise, alicense under any existing or future patents of Opera, except to the extent necessary for Customer toUse the Software or Services as expressly permitted under this Agreement.
6. PRIVACY. Opera takes the matters of protection and security of its users information very seriouslyand will treat any and all such information in accordance with the Opera privacy statement, which islocated at www.opera.com/privacy, and incorporated into this Agreement by this reference.7. TERM AND TERMINATION. The term of this Agreement will commence upon your download ofthe Software and/or your commencement of the Services and, unless earlier terminated as provided inthis Section 6, will continue in perpetuity. This Agreement will immediately terminate upon yourbreach of this Agreement, unless such breach is curable and is actually and immediately cured by youafter Opera provides notice of breach to you. Upon the termination of this Agreement, you willdiscontinue all use of the Software and/or Services, promptly destroy or have destroyed the Softwareand any copies thereof, and, upon request by Opera, certify in writing to Opera that such destructionhas taken place. These remedies are cumulative and in addition to any other remedies available toOpera. Sections 1, 3, 5, 6, 7, 8, 9, 10, 11, and 12 shall survive such termination.8. DISCLAIMER OF WARRANTIES. THE SOFTWARE AND SERVICES ARE PROVIDED "ASIS," AND ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, AND STATUTORY,INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE,NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ORUSE, ACCURACY OR COMPLETENESS, SATISFACTORY QUALITY, AND QUIETENJOYMENT, OR OTHER WARRANTIES OR CONDITIONS ARISING BY STATUTE,OPERATION OR LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE AREHEREBY DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OREXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLYTO YOU. OPERA DOES NOT WARRANT THAT THE USE OF THE SOFTWARE OR SERVICESWILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SOFTWARE OR SERVICES DONOT CONTAIN ANY VIRUSES. THIS WARRANTY DISCLAIMER IS A FUNDAMENTALELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OPERA. OPERA WOULDNOT PROVIDE THE SOFTWARE OR SERVICES ABSENT SUCH DISCLAIMER. NOREPRESENTATIONS OR WARRANTIES ARE MADE BY ANY SUPPLIERS TO OPERA UNDEROR BY VIRTUE OF THIS AGREEMENT.9. LIMITATION OF LIABILITY. IN NO EVENT SHALL OPERA BE LIABLE FOR ANYINCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY KIND(INCLUDING WITHOUT LIMITATION DAMAGES FOR INTERRUPTION OF BUSINESS, LOSTDATA, LOST PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION, WHETHERIN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICTPRODUCT LIABILITY, OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OFSUCH DAMAGES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF OPERA ARISINGOUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAID TO OPERA INRESPECT OF THE SOFTWARE GIVING RISE TO THE CLAIM OR IF NO FEES WERE PAIDTHEN FIVE HUNDRED EUROS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONOR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE FOREGOINGEXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION OFLIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OFANY LIMITED REMEDY SET FORTH HEREIN. IN NO EVENT WILL ANY SUPPLIER TOOPERA HAVE ANY LIABILITY TO YOU UNDER THIS AGREEMENT. THIS LIMITATION OFLIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN
YOU AND OPERA. OPERA WOULD NOT PROVIDE THE SOFTWARE TO YOU ABSENTSUCH LIMITATION.10. NOTICES. All notices required under this Agreement will be given as follows: (a) in the case ofnotices to Opera, by certified mail, return receipt requested, to the following address: Chief OperatingOfficer, Opera Software ASA, Waldemar Thranes gate 98, 0175 Oslo, Norway, such notice to bedeemed effective upon receipt by Opera; and (b) in the case of notices to you, by e-mail to the e-mailaddress that you provided to Opera prior to initiating the download of the Software or start of theServices, such notice to be deemed effective upon the earlier of (i) twenty-four (24) hours aftersending, or (ii) your actual receipt of any such e-mail.11. INJUNCTIVE RELIEF. You acknowledge and agree that the Software and Services containvaluable trade secrets, confidential information and proprietary information of Opera. You furtheracknowledge that any actual or threatened breach or violation of Section 2 or Section 3 of thisAgreement will constitute immediate, irreparable harm to Opera for which monetary damages would bean inadequate remedy, and that injunctive relief is an appropriate remedy for any such breach orviolation.12. GENERAL. You acknowledge and agree that the Software may contain cryptographicfunctionality the export of which is restricted under applicable export control law. You will complywith all applicable laws and regulations in your activities under this Agreement. You will not export orre-export the Software in violation of such laws or regulations, or without all required licenses andauthorizations. This Agreement will be governed by the laws of Norway without giving effect to anyconflicts of law principles that may require the application of the laws of a different country. TheUnited Nations Convention on Contracts for the International Sale of Goods does not apply to thisAgreement. All actions or proceedings arising under or related to this Agreement must be brought inthe Oslo City Court, and each party hereby agrees to irrevocably submit to the jurisdiction and venue ofany such court in all such actions or proceedings. If any provision of this Agreement is determined bya court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions ofthis Agreement shall not be affected or impaired thereby. You may not assign or transfer thisAgreement without obtaining Operas prior written consent, and any purported assignment or transferin violation of this Section 11 will be null and void. Opera may update the terms of this Agreement ifand when you install and update or upgrade to the Software and/or Service.