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Desktop End‑User License Agreement
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Copyright (C) Opera Software 1995‑2009
IMPORTANT NOTE
Read this entire document carefully. This is a legal agreement between you, the user, and Opera Software ASA. The Software and Services, as defined below, are protected by copyright, which is vested in Opera Software ASA and/or its suppliers. The Software and Services may only be used in accordance with the terms and conditions set out in this document. If you do not read and agree to be bound by the terms and conditions defined in this document, you are not permitted to keep, install or use the Software or Services in any way whatsoever. END‑USER LICENSE AGREEMENT
1.DEFINITIONS
The following definitions apply to the terms and conditions included in this Agreement.
"Opera" means a Browser, developed by Opera Software ASA, for reading and writing files to and from a network and/or file system.
"Software" means Opera, all programs, servers and information files and other documentation, which are part of the Opera Software package.
By "us," "we" and "our", we mean Opera Software ASA and/or its affiliates.
"Services" means the various services to which Opera Software ASA provides users with access, including without limitation, Opera Turbo, the My Opera Community, the Opera Portal Web site, the Dev.Opera Web site, the Opera Widgets Web site, Opera Unite, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed.
2.GENERAL LICENSE GRANT
Unless specifically stated otherwise below, Opera Software ASA grants you a personal, worldwide, non‑exclusive, non‑transferable license to use the Services and the executable code version of the Software. This Agreement will also govern any software upgrades provided by Opera Software ASA that replace and/or supplement the original Software, unless such upgrades are accompanied by a separate license, in which case, the terms of that license will govern.
You are entitled to use the Software on all personal computers (including laptops and desktops). "Use" means loaded in temporary memory or permanent storage on the computer.
You may not use the Software on non‑PC products or devices or embedded in any other product, including but not limited to mobile devices, Internet appliances, set‑top boxes (STB), handhelds, PDAs, phones, Web pads, tablets, game consoles, TVs, gaming machines, home automation systems, or any other consumer electronics devices or mobile/cable/satellite/television or closed system‑based service.
You may not sell, rent, lease or sublicense the Software, without the explicit written consent of Opera Software ASA.
3.PROPRIETARY RIGHTS; USE OF SOFTWARE AND SERVICES
The Software is protected by copyright laws and international treaties. All intellectual property rights such as, but not limited to, patents, trademarks, copyrights or trade‑secret rights related to the Software are exclusively the property of, and remain vested in, Opera Software ASA and/or its suppliers.
You shall not modify, translate, reverse engineer, decompile or disassemble the Software or any part thereof or otherwise attempt to derive source code, create or use derivative works therefrom. You agree not to modify the Software in any manner or form or to use modified versions of the Software including, without limitation, for the purpose of obtaining unauthorized access to the Services or disabling features of the Software or Services.
You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained with the Software. Any and all use by you of the Software or any Services provided by Opera Software ASA shall conform to all applicable laws and regulations. You shall not use the Software or any Services provided by Opera Software ASA for any illegal activities or to view, upload or transmit any illegal, harmful, unauthorized, or harassing content. Copying and distribution of the Software and Services, including but not limited to Opera Turbo, is strictly prohibited. Opera Software ASA may at its sole option terminate this agreement and deny use of its Services to you at any time for any reason, including as a result of your violation, or alleged violation, of the terms of this Agreement. 4.DISCLAIMER OF WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK AND THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER. OPERA SOFTWARE ASA OR ITS SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE AND THE RESULTS OBTAINED FROM THE SOFTWARE.
YOU ACKNOWLEDGE THAT THE SOFTWARE IS NOT INTENDED FOR USE IN (I) ONLINE CONTROL OF AIRCRAFT, AIR TRAFFIC, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATIONS; OR (II) IN THE DESIGN, CONSTRUCTION, OPERATION OR MAINTENANCE OF ANY NUCLEAR FACILITY.
OPERA SOFTWARE ASA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO: NON‑INFRINGEMENT, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.LIMITATION OF LIABILITY
IN NO EVENT SHALL OPERA SOFTWARE ASA OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, LOSS OF DATA, LOSS OF PRIVACY OR OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF THE FORM OF ACTION, OPERA SOFTWARE ASA AND ITS SUPPLIERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAYABLE BY YOU UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
6.USE OF SERVICES
Opera Software ASA provides users with access to a rich collection of resources and Services, including without limitation various communications tools, forums such as the "My Opera Community" site, and personalized content through its network of properties which may be accessed through any various medium or device now known or hereafter developed. Certain features of these Services may allow you to post or send content that can be viewed by others ("User Generated Content"). You agree that we are not liable for User Generated Content that is provided by others. We have no duty to pre‑screen User Generated Content, but we have the right to refuse to post, edit, or deliver submitted User Generated Content. We reserve the right to remove User Generated Content for any reason, but we are not responsible for any failure or delay in removing such material. We reserve the right to block any user's access to any content, Web site or Web page in our sole discretion.
Disputes may arise between you and others or between you and Opera Software ASA related to content, including User Generated Content. Such disputes could involve, among other things, the use or misuse of domain 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 commerce transactions. You agree that all claims, disputes or wrongdoing that result from, or are related in any way to, the content of information that you post, transmit, re‑transmit or receive through the Services, Opera Software's network or Software are your sole and exclusive responsibility. Opera Software ASA may at its discretion block certain Web sites or domains and re‑route you to other pages. By accepting these Terms of Use, you hereby consent to this.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Without limiting the applicability of the foregoing general terms, the following terms and conditions apply for the specific services discussed below.
Opera Turbo: When Opera Turbo is enabled, it will request normal Web content through an Opera Software proxy server. Opera Turbo will exclude Web pages located on an intranet or by using secure connections (HTTPS). The browsing experience may change due to increased Web page loading speeds when using Opera Turbo. We reserve the right to change, impose prices for, limit usage of and/or discontinue the Opera Turbo service at any point in time. Furthermore, we reserve the right to revise the terms of the Opera Turbo service, which may include making the Opera Turbo service subject to a separate agreement. Opera Unite: Opera Unite is service whereby Opera provides users with a Web browser communication platform through a bundled Web server to share content, collaborate, and interact with others. Certain features of Opera Unite allow you to post and send content and/or links to User Generated Content stored on your computer, which can that can be viewed and/or accessed by others. Opera Software ASA exercises no control over User Generated Content passing through its network or equipment or available on or through the Services. You agree that Opera Software ASA is not liable for any loss of data. You may only post or send via the Services User Generated Content that you created or that you have persmission to send and/or post. You agree not to use Opera Unite to upload, transfer or otherwise make available files, images, code, materials, or other information or content 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 terminate your 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 out the Services.
7. TERMINATION. If you breach this Agreement or otherwise create possible legal exposure for us, including but not limited to posting or sending via the Services User Generated Content without adequate permission, your right to use the Software and/or Services will terminate immediately and without notice, but all provisions of this Agreement except the License Grant (Paragraph 2) will survive termination and continue in effect. Upon termination, you must destroy all copies of the Software. 8.MISCELLANEOUS
Export Controls: The Software may be subject to export or import regulations, and the user agrees to comply strictly with all such laws and regulations. The user agrees not to export or re‑export the Software or any part thereof or information pertaining thereto to any country for which a U.S. government agency requires an export license or other governmental approval without first obtaining such license or approval.
Automatic Updates: The Software which you use may automatically download and install updates from time to time from Opera Software. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Opera Software to deliver these to you) as part of your use of the Services.
Privacy statement: Opera Software ASA strives to protect the security and privacy of the users of its products, Software and Services, and will strictly protect the security of the users' personal information, within the confines of the Opera domain. The Opera Software ASA privacy statement found at <http://www.opera.com/privacy/>, is incorporated in this Agreement by reference.
Opera Software ASA may modify the terms of this Agreement, including, but not limited to, to terminate the Agreement, impose prices, and change the content and nature of the use of the Software and/ or Services at any time upon notice to you. Opera Software ASA may provide notice by SMS or by publishing the changes on its Web site. Your continued use of the Software and/ or Services will be deemed to be your acceptance of any changes to the terms.
Any and all disputes arising out of the rights and obligations in this Agreement shall be submitted to ordinary court proceedings. You accept the Oslo City Court as legal venue under this Agreement. This Agreement shall be governed by Norwegian law. Notwithstanding this, you agree that Opera Software ASA shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
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Postal enquiries:
Opera Software ASA
Postboks 2648 St. Hanshaugen
NO‑0131 OSLO
NORWAY
Office Hours: 9:00am ‑ 4:00pm (+1 GMT) Monday ‑ Friday
Phone:+47 23 69 40 00
Fax:+47 24 16 40 01
Please visit our Web site before you send us e‑mail. We provide many services to our users that will help us respond to you faster than if we receive e‑mail.
Web site:
<http://www.opera.com/>
Contact us:
http://www.opera.com/contact/
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