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publicly perform.2 Off-Road mode: When Off-Road mode is enabled. including without limitation the Software's sequence. or (ii) to the extent as may be permitted by the license of any included Third-Party Softw are. or contained in the setup installation segments of such Third-Party Software . charge for continued usage of (of course require you to opt in before incurring any charges). (i) except as permitted by applicable law. estoppel or otherwise. (c) adapt. except to the extent necessary for User to use the Software or Services as expressly permitted under these Terms. Opera shall not be responsible for any Third-Party Software. or otherwise modify the Software or Servic es. 6 Proprietary rights You acknowledge and agree that the Services and the Software. (d) sublicense. Opera reserves the right to change. Ope ra owns all copies of the Software. 7 Privacy and personal information .2 Third-Party Software is subject to separate terms and conditions included wi th. loan. including without limitation any use in any application service provider environment. Opera exercises no editorial contro l over any content that you access through the Discover feature. or otherwise attempt to derive the sou rce code for the Software. T he Software and Services and all intellectual property rights therein are the ex clusive property of Opera and its suppliers. The browsing experience may change due to increased webpage loading speeds when using Off-Road feature. or (h) allow third parties to access or use the Software or Services. 4. 5. translate. decompile. or time-sharing ar rangements. limit usage of. temporarily or permanently. (f) reverse engineer. however made. or the applicable documentation therefore. publicly display. or distribute the Software or Services to any third party. structure. The license restrictions contained in these Terms do not apply to Third-Party Software to the extent they are inconsistent with such Third-Party Software term s. suspension or discontinuance of the Services. the Software will request norm al web content through an Opera proxy server. disassemble. (b) separate the compo nent programs of the Software for use on different computers. a license under any exi sting or future patents of Opera.1 You shall not and shall not allow any third party to: (a) Use the Software o r Services except as expressly permitted under Section 3.1 Opera reserves the right at any time and from time to time to modify or disc ontinue.3 Discover: The Discover feature helps you to discover and access content made available by third parties on the internet. (g) remove. alter or obscure any proprietary notices on the Software or Ser vices. (e) transfer the Software or Services to any third party. 5 Use of services 5. and/or discontinue a ny service at any point in time. The Software and Services are licensed and not sold to you. rent.4 License restrictions and Third-Party Software 4. source code and appli cable documentation contains valuable trade secrets and other intellectual prope rty of Opera and its suppliers and is considered Opera's confidential information. by implication. service bureau. organization. You agree that Opera shall not be liable to you or to any third party for any modification. embed into any other product. 5. the Services (or any part thereof) with or without notice. alter. and all rights in and to the Softwa re and Services not expressly granted to you in this Agreement are reserved. Nothing in these Terms will be deemed to grant. or otherwise create derivative works of. and no title or own ership to such Software or Services or the intellectual property rights embodied therein passes as a result of these Terms or any act pursuant to these Terms. lease.
Norway. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF OPERA ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAID TO OPERA IN RESPECT OF THE S OFTWARE GIVING RISE TO THE CLAIM OR IF NO FEES WERE PAID THEN FIVE HUNDRED EUROS . OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DAMAGES FOR INTERRUP TION OF BUSINESS. LOST DATA. such notice to be deemed effective upon the earlier of (i) twenty-four (24) hours after sending. EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 4. certify in writing to Opera that such destruction has t aken place. IN NO EVENT WILL ANY SUPP LIER TO OPERA HAVE ANY LIABILITY TO YOU UNDER THIS AGREEMENT. to the follow ing address: Chief Operating Officer. you will discontinue all use of the Software and/or Servi ces. LOST PROFITS. Sections 2. 7. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OPERA. under open source license agreements. CONSEQUENTIAL. 12 Injunctive relief You acknowledge and agree that the Software and Services contain valuable trade secrets. TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE). OR OTHER THEORY. and 13. return receipt requested. OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DAMAGES FOR INTERRUP TION OF BUSINESS. OPERA WOULD NOT PROVIDE THE SOFTWARE TO YOU ABSENT SUCH LIMITATION. S TRICT PRODUCT LIABILITY. by email to the email address that you provided to Opera prior to initiating the download of the Software or start of the Servic es. 10. Source code used in the software. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF OPERA ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAID TO OPERA IN RESPECT OF THE S OFTWARE GIVING RISE TO THE CLAIM OR IF NO FEES WERE PAID THEN FIVE HUNDRED EUROS . CONSEQUENTIAL. OR THE LIKE) REGARDLESS OF THE FORM O F ACTION. OR OTHER THEORY. SO THE FOREGOING EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. WHETHER IN CONTRACT. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESS ENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR C ONSEQUENTIAL DAMAGES. These remedies are cumulative and in addition to any other remedies available to Opera. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OPERA. 10 Limitation of liability IN NO EVENT SHALL OPERA BE LIABLE FOR ANY INCIDENTAL.com. OPERA WOULD NOT PROVIDE THE SOFTWARE TO YOU ABSENT SUCH LIMITATION. confidential information and proprietary information of Opera.nation of these Terms. EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SO THE FOREGOING EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. by certified mail. 11 Notices All notices required under these Terms will be given as follows: (a) in the case of notices to Opera. or (ii) your actual receipt of any such email. You furt . S TRICT PRODUCT LIABILITY. such notice to be deemed effective upon receipt by Opera. SPECIAL. 0484 Oslo. SPECIAL. 9 Disclaimer of warranties IN NO EVENT SHALL OPERA BE LIABLE FOR ANY INCIDENTAL. 12. 8. can be obtained by s ending an email message to opensource@opera. LOST DATA. 11. and (b) in the case of notices to you. 9. promptly destroy or have destroyed the Software and any copies thereof. OR THE LIKE) REGARDLESS OF THE FORM O F ACTION. IN NO EVENT WILL ANY SUPP LIER TO OPERA HAVE ANY LIABILITY TO YOU UNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR C ONSEQUENTIAL DAMAGES. 6. LOST PROFITS. and . Gjerdrums vei 19. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESS ENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE). upon request by Opera. Opera Software ASA. shall survive such termination. WHETHER IN CONTRACT.
t he remaining provisions of these Terms shall not be affected or impaired thereby . Opera may update the Terms of this agreement if an d when you install and update or upgrade to the Software and/or Services. T he United Nations Convention on Contracts for the International Sale of Goods do es not apply to this Agreement. irreparable harm to Opera for which monetary damages would be an inadequate remedy. or unenforceable. You may not assign or transfer this contract without obtaining Opera's prior wri tten consent. You w ill comply with all applicable laws and regulations in your activities under the se Terms. . and each party hereby agrees to irrevocably submit to the jurisdiction and venue of any such court in all such actions or proceedings. All actions or proceedings arising under or rela ted to these Terms must be brought in the Oslo City Court. If any provision of these Terms is determined by a court of competent jurisdiction to be invalid. and that injunctive re lief is an appropriate remedy for any such breach or violation. 13 General You acknowledge and agree that the Software may contain cryptographic functional ity the export of which is restricted under applicable export control law.her acknowledge that any actual or threatened breach or violation of Section 3 o r Section 4 of these Terms will constitute immediate. and any purported assignment or transfer in violation of this Sect ion 13 will be null and void. illegal. The laws o f Norway will govern these Terms without giving effect to any conflicts of law p rinciples that may require the application of the laws of a different country. You will not export or re-export the Software in violation of such law s or regulations or without all required licenses and authorizations. Applications you download or that are made ava ilable to you may automatically connect to the Internet to update information or provide a service to you. You wi ll be responsible for all of your access and data charges from your internet ser vice provider or mobile operator.
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