/OR SERVICES, YOU (HEREINAFTER “User”) ARE EXPRESSLY AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS ARE CONSIDERED AN OFFER BY OPER A SOFTWARE, ASA (“Opera”), ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. OPERA IS WILLING TO MAKE THE SOFTWARE AVAILABLE TO USER ONLY UPON THE CONDITION THAT USE R ACCEPTS THE TERMS OF THIS AGREEMENT. WRITTEN APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT. TERMS AND CONDITIONS. This End-User License Agreement (the “Agreement”) is between User and Opera. This Agreement governs User’s use of the Software provided to Use r by Opera, including any releases of or to the Software that User may receive f rom Opera, together with the documentation included therewith. 1. DEFINITIONS. For purposes of this Agreement, the following terms will have t he following meanings: 1.1 “User” means the legal entity or person who orders or downloads the Software and /or activates the Services. 1.2 “Documentation” means the standard end-user technical documentation, specificat ions, materials and other information Opera supplies with the Software and/or Se rvices. 1.3 "Services" means the various services to which Opera provides users with acc ess, including without limitation, Opera Turbo, the My Opera community, the Oper a Portal website, the Dev.Opera website, the Opera Add-ons website, Opera Unite, search services, personalized content and branded offering through its network of services that may be accessed through any various medium or device now known or hereafter developed. 1.4 “Software” means the proprietary Opera software products (in object code format only) delivered to User hereunder (including but not limited to the Opera browse r ), together with any update or upgrade thereto, when and if made available to you by Opera. Software does not include Third-Party Software. 1.5 “Third-Party Software” means the software of certain third parties that Opera ma y deliver with the Software, including but not limited to widgets or extensions of certain third parties and independent developers. 1.6 “Use” means to cause a computer system to execute any machine-executable portion of the Software in accordance with the Documentation or to make use of any Docu mentation or related materials in connection with the execution of any machine-e xecutable portion of the Software. 2. LICENSE. Subject to the terms and conditions of this Agreement, Opera hereby grants User a limited, non-exclusive, non-transferable, non-sublicensable licen se to use the Services and to install and Use the Software supplied to User here under, as installed on User’s personal computer, including your laptop, desktop, o r on computers within User’s organization. 3. LICENSE RESTRICTIONS AND THIRD-PARTY SOFTWARE. 3.1 User shall not and shall not allow any third party to: (a) use the Software or Services except as expressly permitted under Section 2; (b) separate the comp onent programs of the Software for use on different computers; (c) adapt, alter, publicly display, publicly perform, translate, embed into any other product, or otherwise create derivative works of, or otherwise modify the Software or Servi ces; (d) sublicense, lease, rent, loan, or distribute the Software or Services t

com/. trademarks. service bure au. 4. 4. Opera Mobile. it will request normal web co . or deliver submitted User-Generated Content. the use or misuse of information. Opera has no duty to pre-screen User-Generated Content. Certain features of these Services may allow User to post or send content that can be viewed by others ("User-Generated Content"). 4. including Opera Link. or contained in the setup installation segments of such Third-Party Software . The license restrictions contained in this Agreement do not apply to Third-Pa rty Software to the extent they are inconsistent with such Third-Party Software terms. Opera may at its discretion block ce rtain websites or domains and re-route you to other pages. the Services (or any part thereof) with or without notice. the content of information that User posts.5 Without limiting the applicability of the foregoing general terms.4 Opera reserves the right at any time and from time to time to modify or disc ontinue. . or otherwise attempt to derive the so urce code for the Software. but Opera is not responsible for any failure or delay in removing such material. decompile.opera. or are related in any way to. or (ii) s olely to the extent required to debug changes to any third party LGPL-libraries linked to by the Software. temporarily or permanently. and personalized content through its network of serv ices which may be accessed through any various medium or device now known or her eafter developed. Opera r eserves the right to remove User-Generated Content for any reason.opera. Opera s network or Software are User’s sole and exclusive responsibility. re-transmits or receives through the Services. forums such as t he "My Opera” community site. 4. disputes or wrongdoing that result from. or (h) a llow third parties to access or use the Software or Services. including without limitation any use in any application service provider environment. You can register for an Opera ID without any cha rge at http://my.o any third party. User agrees that all claims. Opera Mini Web bro wsers and through the Opera Link API. Such disputes could involve. su ch as bookmarks. (i) except as permitted by applicable law. suspension or discontinuance of the Services. including User-Generated Content. the use or misuse of domain names. 4. transm its. and is incorporated in this Agreement by reference. the follo wing terms and conditions apply for the specific services discussed below. Opera reserv es the right to block any user s access to any content. 3. Opera Link allows User to synchronize some data. (e) transfer the Software or Services to any third party. amo ng other things. or other rights in intellectual property. 4.2 Third-Party Software is subject to separate terms and conditions included wi th. website or webpage that Opera provides in our sole discretion. (g) remove. (f) reverse engineer. or the applicable documentation therefore.2 Disputes may arise between User and others or between User and Opera related to content. The Terms of Service for the Services is f ound at http://my. User agre es that Opera is not liable for User-Generated Content that is provided by other s. Opera shall not be responsible for any Third Party Software. and problems with online auction or commerce tran sactions. or time-sharing arrangements.1 Opera provides users with access to a rich collection of resources and Servi ces. alter or obscure any proprietary notices on the Software or Services. fraud.3 The use of several of the Services.com/community/terms-of-service/. requires that User is a registered Opera ID user. the infringement of copyrigh ts.1 Opera Turbo: When Opera Turbo is enabled. including without limitation various communications tools. disassemble. edit. defamation. USE OF SERVICES 4. among their Opera for desktop. but Opera has the rig ht to refuse to post.5. User agrees that Opera shall not be liable to User or to any thi rd-party for any modification.

organiza tion. User gran ts Opera the right and limited license to use. certify in writing to Opera that such destruction has taken place. a license under any existing or future patents of Opera. a nd incorporated into this Agreement by this reference.opera. and interact with others. promptly destroy or have destroyed the Software and any copies thereof. vulgar. howeve r made. hateful. distribut e and adapt this User-Generated Content for the purpose of carrying out the Serv ices. Opera reserves the right to change. esto ppel or otherwise. These remedi . Opera takes the matters of protection and security of its users inf ormation very seriously and will treat any and all such information in accordanc e with the Opera Privacy Statement. However. which can be viewed and/or accessed by others. and all rights in and to the Software and Services not expressly granted to Use r in this Agreement are reserved. The Software and Services and all intellectua l property rights therein are the exclusive property of Opera and its suppliers. or other information or content that is obscene. The Software and Services are licensed and not sold to User. User agrees that Oper a is not liable for any loss of data. The content is not stored by Opera. materials. threatening. Opera Turbo will exclude webpages located on an intranet or using secure connections (HTTPS). 5. User may only post or send via the Servic es User-Generated Content that User created or that User has permission to send and/or post. and/or disco ntinue the Opera Turbo service at any point in time. User agrees not to use Opera Unite to upload. Nothing in this Agreement will be deemed to grant. which may include ma king the Opera Turbo service subject to a separate agreement. unless earli er terminated as provided in this Section 7. limit usage of. transfer or otherwis e make available files. Use r will discontinue all use of the Software and/or Services. Furthermore. PRIVACY. by submitting User-Generated Content to Opera. or that violates any laws or thi rd-party rights. The term of this Agreement will commence upon User’s dow nload of the Software and/or User’s commencement of the Services and. and.2 Opera Unite: Opera Unite is a service whereby Opera provides users with a web-browser communication that allows User to share content. 4. including without limitation the Software’s sequence. hereunder but not limited to third-party intellectual property rights. This Agreement will immediately terminate upon User’s breach of this Agreement. structure. PROPRIETARY RIGHTS. an d Opera exercises no control over User-Generated Content passing through its net work or equipment or available on or through the Services. source code and applicable documentation contains valuable trade secrets a nd other intellectual property of Opera and its suppliers and is considered Oper a’s confidential information. Certain features of Opera Unite allow User to post and se nd content and/or links to User-Generated Content stored on User’s computer. Upon the termination of this Agreement. unless such breach is curable and is actually and immediately cured by User after Opera provides notice of breach to User. exce pt to the extent necessary for User to use the Software or Services as expressly permitted under this Agreement. code.ntent through an Opera Software proxy server. Opera reserves the right to terminate User’s account if User use Opera Uni te to transmit copyrighted material unlawfully without a license. TERM AND TERMINATION. 6.com/privacy. User acknowledges and agrees that the Services and the S oftware. will continue in perpetuity. Opera reserve s the right to revise the terms of the Opera Turbo service. copy. collaborate. which is located at www.5. perform. The browsing exper ience may change due to increased webpage loading speeds when using Opera Turbo. 7. Opera does not claim ownership of any User-Gener ated Content. by implication. valid defense or fair use privilege to do so. Opera owns all copies of the Software. display. and no title or ownership to such Software or Services or the intellec tual property rights embodied therein passes as a result of this Agreement or an y act pursuant to this Agreement. images. upon request by Opera. charge for continued usage of (of course require User to opt in before incurring any charges).

Norway. 5. ACCURACY OR COMPLETENESS. 0175 Oslo. 7. LOST PROFITS. EVEN IF A DVISED OF THE POSSIBILITY OF SUCH DAMAGES. Sec tions 1. User will not export or re-export the Software in violation of such laws or regulations or without all required licenses and au thorizations. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE B ASIS OF THE BARGAIN BETWEEN USER AND OPERA.es are cumulative and in addition to any other remedies available to Opera. User will comply with all applicable laws and regulations in User’s a ctivities under this Agreement. TORT (INCLUDING WITH OUT LIMITATION NEGLIGENCE). and (b) in the case of notices to User. INJUNCTIVE RELIEF. 8. and 12. LOST DATA. NOTICES. IN NO EVENT WILL THE CUMULATIVE LIAB ILITY OF OPERA ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAI D TO OPERA IN RESPECT OF THE SOFTWARE GIVING RISE TO THE CLAIM OR IF NO FEES WER E PAID THEN FIVE HUNDRED EUROS. THIS WARRANTY DISCLAIMER IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN USER AND OPERA. NON-INFRINGEMENT. OPERATION OR LAW. irreparable harm to Opera for which monetary damages would be an inadequat e remedy. 10. such notice to be deemed effective upon the earli er of (i) twenty-four (24) hours after sending. by email to the email address that User provided to Opera prior to initiating the download of the Soft ware or start of the Services. 8. return receipt request ed. 9. OR OTHER WARRANTIES OR CONDITIONS ARISING BY STATUT E. User further acknowledge that any actual or threatened breac h or violation of Section 2 or Section 3 of this Agreement will constitute immed iate. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLI ED WARRANTIES. such notice to be deemed effective upon receipt by Opera. 10. LIMITATION OF LIABILITY. User acknowledges and agrees that the Software and Servi ces contain valuable trade secrets. INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE. 11. Walde mar Thranes gate 98. OR OTHER THEORY. or (ii) User’s actual receipt of a ny such e-mail. to the following address: Chief Operating Officer. 6. IN NO EVENT WILL ANY SUPPLIER TO OPERA HAVE ANY LIABILITY TO USER UNDER THIS AGREEMENT. F ITNESS FOR A PARTICULAR PURPOSE OR USE. SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER. OR THE L IKE) REGARDLESS OF THE FORM OF ACTION. STRICT PRODUCT LIABILITY. SO THE FOREGOING EXCLUSION AND LIMITATION MAY NOT APPLY TO USER. shall survive such termination. 3. COURSE OF DEALING. WHETHER IN CONTRACT. NO REPRESENTATIONS OR WARRANTIES ARE MADE BY ANY SUPPLIERS TO OPERA UNDER OR B Y VIRTUE OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION O R LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. AND QUIET ENJOYMENT. IN NO EVENT SHALL OPERA BE LIABLE FOR ANY INCIDENTA L. THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS. SPECIAL. THIS LIMITATION OF LIABILITY WILL APPLY N OTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. CONSEQUENTIAL. IMPLIED. OPERA WOULD NOT PROVIDE THE SOFTWAR E TO USER ABSENT SUCH LIMITATION. AND STATUTORY. 12. Opera Software ASA. DISCLAIMER OF WARRANTIES. 11. by certified mail. and that injunctive relief is an appropriate remedy for any such breac h or violation. User acknowledges and agrees that the Software may contain cryptog raphic functionality the export of which is restricted under applicable export c ontrol law. This Agreement will be governed by the laws of Norway without givi ng effect to any conflicts of law principles that may require the application of . SATISFACTORY Q UALITY. confidential information and proprietary inf ormation of Opera. USAGE OF TRADE OR OTHERWISE ARE HEREBY D ISCLAIMED. All notices required under this Agreement will be given as follows : (a) in the case of notices to Opera. OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LI MITATION DAMAGES FOR INTERRUPTION OF BUSINESS. GENERAL. OPERA DOES NOT W ARRANT THAT THE USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR F REE OR THAT THE SOFTWARE OR SERVICES DO NOT CONTAIN ANY VIRUSES. EXPRESS. MERCHANTABILITY.” AND AL L WARRANTIES AND CONDITIONS. 9. OPERA WOULD NOT PROVIDE THE SOFTWARE OR SERVICES ABSENT SUCH DISCLAIMER .

illegal.the laws of a different country. . User may not assign or transfe r this Agreement without obtaining Opera’s prior written consent. Opera may update the terms of this Agreement if and when User install and update or upgrade to the Software and/or Services. Applications User downloads or that are made available to User may automa tically connect to the Internet to update information or provide a service to Us er. and each party hereby agrees to irrevocably submit to the jur isdiction and venue of any such court in all such actions or proceedings. User will be responsible for all o f User’s access and data charges from User’s Internet service provider or mobile ope rator. The United Nations Convention on Contracts fo r the International Sale of Goods does not apply to this Agreement. All actions or proceedings arising under or related to this Agreement must be brought in th e Oslo City Court. and any purporte d assignment or transfer in violation of this Section 12 will be null and void. the remaining provisions of this Agre ement shall not be affected or impaired thereby. If an y provision of this Agreement is determined by a court of competent jurisdiction to be invalid. or unenforceable.

Sign up to vote on this title
UsefulNot useful