You are on page 1of 4

ASDFDAFG DSFDSA FDS OPERA SOFTWARE END-USER LICENSE AGREEMENT FOR OPERA DESKTOP BROWSER BY ACCEPTING DELIVERY

OF THE SOFTWARE AND/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: DSAF ASDF 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, search servi ces, personalized content and branded offering through its network of services t hat may be accessed through any various medium or device now known or hereafter developed. 1.4 “Software” means the proF SDAFprietary Opera software products (in object code f ormat only) delivered to User hereunder (including but not limited to the Opera browser ), together with any update or upgrade thereto, when and if made availab le 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 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. FDSA 2. LICENSE. Subject to the terms and condF DS Fitions of this Agreement, Opera hereby grants User a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services and to install and Use the Software supplied to Use r hereunder, as installed on User’s personal computer, including your laptop, desk top, or on computers within User’s organization. 3. LICENSE RESTRICTIONS AND THIRD-PARTY SOFTWARE. 3.1 User shall not and shall not allow any thDF DSF ird party to: (a) use the So ftware or Services except as expressly permitted under Section 2; (b) separate t he component programs of the Software for use on different computers; (c) adapt,

4.2 Third-Party Software is subject to separate terms and conditions included wi th. 4. Such disputes could involve. alter or obscure any proprietary notices on the Software or Service s. Opera Link allows User to synchronize so me data. 4. amo ng other things. Opera has no duty to pre-screen User-Generated Content. edit. or contained in the setup installation segments of such Third-Party Software . decompile. 3. fraud. disputes or wrongdoing that result from. temporarily or permanently. transm its. Opera s network or Software are User’s sole and exclusive responsibility. or (h) allow third parties to acce ss or use the Software or Services. (d) sublicense. publicly perform. and problems with online auction or commerce tran sactions.2 Disputes may arise between User and others or between User and Opera related to content. Opera Mobile. the use or misuse of domain names. F DS FDSA SDOpera Link. USE OF SERVICES 4. or are related in any way to.com/community/terms-of-service/. or otherwise modify the Software o r Services. Opera shall not be responsible for any Third Party Software. loan. Opera reserves the right to block any user s access to any content. translate. 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. (f) reverse engineer. the content of information that User posts. or the applicable documentation therefore. re-transmits or receives through the Services. User agrees that all claims.opera. including without limGFGGGGGGGGGGGGGGitation various communications tools. or other rights in intellectual property. but O pera has the right to refuse to post. or (ii) solely to the extent required by the license of any included third party s oftware to debug changes to any third party libraries linked to by the Software. including without limitation any use in any application service provider environment. the use or misuse of information. requires that Us er is a regiSSSSSSSSSstered Opera ID user. and is incor porated in this Agreement by reference. Opera reserves the right to remove User-Generated Content for any reaso n. .4 Opera reserves the right at any time and from time to time to modify or disc ontinue.com/. User agrees that Opera is not liable for User-Generated Content that is p rovided by others. FFFFFFFF 4. but Opera is not responsible for any failure or delay in removing such materi al. (e) transfer the Software or Services to any third par ty. the infringement of copyrigh ts. embed into any other prod uct. or deliver submitted User-Generated Content. (g) remove. or distribute the Software or Ser vices to any third party. Opera may at its discretion block ce rtain websites or domains and re-route you to other pages. website or webpage that Opera provides in our sole discretion. defamation. Certain features of these Services may allow User to post or send content that can be viewed by others ("User-Generated Conte nt"). Opera M ini Web browsers and through the Opera Link API. or otherwise attempt to derive the source code for the Software. suspension or discontinuance of the Services. (i) except as permitted by applicable law. the Services (or any part thereof) with or without notice. disassemble. among their Opera for desktop.alter. service bureau.3 The use of several of the Services. such as bookmarks. or otherwise create derivative works of. The Terms of Service for the Se rvices is found at http://my. You can register for an Opera ID with out any charge at http://my. . including User-Generated Content. forums such as the "My Opera” community site. and personalized content through its network of services which may be accessed through any various medium or device now known or hereafter developed. or time-sharing arrang ements. publicly display. trademarks.1 Opera provides users with access to a rich collection of resources and Servi ces. lease.opera. rent. User agrees that Opera shall not be liable to User or to any thi rd-party for any modification.

10 . 8. unless such breach is curable and is actually and immediately cured by User after Opera provides notice of breach to User. will continue in perpetuity. OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LI MITATION DAMAGES FOR INTERRUPTION OF BUSINESS. 7. shall survive such termination.5. DISCLAIMER OF WARRANTIES. Opera reserves the right to change. THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS. STRICT PRODUCT LIABILITY. 9. Upon the termination of this Agreement. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE B ASIS OF THE BARGAIN BETWEEN USER AND OPERA. 6. INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE. IN NO EVENT WILL ANY SUPPLIER TO OPERA HAVE ANY LIABILITY TO USER UNDER THIS AGREEMENT. AND QUIET ENJOYMENT. OR OTHER THEORY. COURSE OF DEALING. ACCURACY OR COMPLETENESS. THIS WARRANTY DISCLAIMER IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN USER AND OPERA. 11. LOST PROFITS. Opera reserve s the right to revise the terms of the Opera Turbo service. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLI ED WARRANTIES. These remedies are cumulative and in addi tion to any other remedies available to Opera.5. WHETHER IN CONTRACT.4. limit usage of. certify in writing to Opera t hat such destruction has taken place. it will request normal web co ntent through an Opera Software proxy server. NO REPRESENTATIONS OR WARRANTIES ARE MADE BY ANY SUPPLIERS TO OPERA UNDER OR B Y VIRTUE OF THIS AGREEMENT. speed dials and bookmarks as allowed by the user interfa ce. User will discontinue all use of the Software and/or Services. OPERA WOULD NOT PROVIDE THE SOFTWARE OR SERVICES ABSENT SUCH DISCLAIMER . OPERATION OR LAW. Furthermore. USAGE OF TRADE OR OTHERWISE ARE HEREBY D ISCLAIMED.” AND AL L WARRANTIES AND CONDITIONS. F ITNESS FOR A PARTICULAR PURPOSE OR USE. 8. upon request by Opera. charge for continued usage of (of course require User to opt in before incurring any charges). 4. 3. SPECIAL. 5.5 Without limiting the applicability of the foregoing general terms. LOST DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION O R LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. EVEN IF A DVISED OF THE POSSIBILITY OF SUCH DAMAGES. speed dials and bookmarks: The User can only cha nge the search engines. 9. NON-INFRINGEMENT. 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. Sections 1. and any forced alterations including by the means of external applications. Any such forced alterations may be restored to the default Opera settings. the follo wing terms and conditions apply for the specific services discussed below. The browsing exper ience may change due to increased webpage loading speeds when using Opera Turbo. 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. AND STATUTORY. SDFDS FD ent will commence upon User’s download of the Software andDDDDDDDDDD/or User’s commencement of the Services and. This Agreement will immediately te rminate upon User’s breach of this Agreement. SATISFACTORY Q UALITY. OPERA WOULD NOT PROVIDE THE SOFTWAR .1 Opera Turbo: When Opera Turbo is enabled. SO THE FOREGOING EXCLUSION AND LIMITATION MAY NOT APPLY TO USER. unless earlier terminated as provided in this Section 7. 4. IMPLIED. OR OTHER WARRANTIES OR CONDITIONS ARISING BY STATUT E. OR THE L IKE) REGARDLESS OF THE FORM OF ACTION. IN NO EVENT SHALL OPERA BE LIABLE FOR ANY INCIDENTA L. TORT (INCLUDING WITH OUT LIMITATION NEGLIGENCE).2 Default search engines. and 12. LIMITATION OF LIABILITY. MERCHANTABILITY. promptly destroy or have destroyed the Software a nd any copies thereof. and. EXPRESS. which may include ma king the Opera Turbo service subject to a separate agreement. Opera Turbo will exclude webpages located on an intranet or using secure connections (HTTPS). and/or disco ntinue the Opera Turbo service at any point in time. THIS LIMITATION OF LIABILITY WILL APPLY N OTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. are prohibited. SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER. CONSEQUENTIAL.

to the following address: Chief Operating Officer. Norway. All notices required under this Agreement will be given as follows : (a) in the case of notices to Opera. and any purported assignment or transfer in violation of this Se ction 12 will be null and void. or unenforceable. INJUNCTIVE RELIEF. return receipt request ed. This Agreement will be governed by the laws of N orway without giving effect to any conflicts of law principles that may require the application of the laws of a different country. thSGGGGGGGGGGGGGe r emaining provisions of this Agreement shall not be affected or impaired thereby. such notice to be deemed effective upon the earlier of (i ) twenty-four (24) hours after sending. such notice to be deemed effective upon receipt by Opera. by email to the email address that User provided to Opera prior to initiating the download of the Software or start of the Services. NOTICES. Opera may update the terms of this Agreement if and when User install and update or upgrade to the Software and/or Services. by certified mail. Us er will be responsible for all of User’s access and data charges from User’s Interne t service provider or mobile operator. User further acknowledge that any actu al or threatened breach or violation of Section 2 or Section 3 of this Agreement will constitute immediate. . If any provision of this Agreement is determined by a court of comp etent jurisdiction to be invalid. Opera Software ASA. User acknowledges and agrSSSSSSSSSSSSSSSSSSees that the Software m ay contain cryptographic functionality the export of which is restricted under a pplicable export control law. and (b) in the case of notices to User. The United Nations Conventi on on Contracts for the International Sale of Goods does not apply to this Agree ment. Gjerd rums vei 19. irreparable harm to Opera for which monetary damages would be an inadequate remedy. 11.E TO USER ABSENT SUCH LIMITATION. User will not export or re-ex port the Software in violation of such laws or regulations or without all requir ed licenses and authorizations. and that injunctive relief is an appropriate rem edy for any such breach or violation. User may not assign or transfer this Agreement without obtaining Opera’s prior w ritten consent. Applications User downloads or that are m ade available to User may automatically connect to the Internet to update inform ation or provide a service to User. GENERAL. All actions or proceedings arising under or related to this Agreement mus t be brought in the Oslo City Court. or (ii) User’s actual receipt of any such e-mail. confidential informati on and proprietary information of Opera. 10. 0484 Oslo. User will comply with all applicable laws and reg ulations in User’s activities under this Agreement. and each party hereby agrees to irrevocably submit to the jurisdiction and venue of any such court in all such actions or p roceedings. User acknowledAAAAAAAAAAAAAAAAAAAAAAges and agrees that the Software and Services contain valuable trade secrets. illegal. 12.