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Desktop End User License Agreement
________
Copyright (C) Opera Software 1995-2009
IMPORTANT NOTE
The Software and Services, as defined below, is 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.
"Opera Unite" means a service whereby Opera, bundled with a web server, enables users to share content stored locally on their computer with others.
"Individual" means a particular person.
"Services" means the services to which Opera Software ASA provides users with access, including without limitation, Opera Turbo, the My Opera Community, the Opera Portal website, the Dev.Opera forum, the Opera Widgets website, 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
Opera Software ASA grants you a non-exclusive, revocable 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.
3. TERMS OF AGREEMENT
This is a legal agreement between you, the users, and Opera Software ASA. By installing or using this Software, you agree to be bound by the terms of this agreement. If you do not agree to these terms, you may not use or install the Software.
You are entitled to use the Software on all personal computers (laptops/desktops). "Use" means loaded in temporary memory or permanent storage on the computer.
You may not use the Software on non-PC products, 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.
4. PROPRIETARY RIGHTS
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 remains 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. 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.
5. 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) ON-LINE 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.
6. 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.
7. USE OF SERVICES
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 using secure connections (HTTPS). No personally identifiable information is stored by Opera Turbo nor by Opera Software. The browsing experience may change when using Opera Turbo. Opera Software ASA retains the right to change and discontinue the Opera Turbo service at any point in time.
Opera Unite and Transmission and Receipt of Content: Certain features of the Software and Services, including Opera Unite, may allow you to post or send content and/or links to content stored on your computer, that can be viewed by others ("User Generated Content"). 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 USER GENERATED CONTENT THROUGH THE SERVICES THAT YOU CREATED OR THAT YOU HAVE PERMISSION TO POST OR SEND.. 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 do not claim ownership of any User Generated Content. However, by submitting User Generated Content to us, you grant us and our affiliates 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.
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. Opera Software ASA reserves the right to terminate your account if you use your account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so.
Disputes may arise between you and others or between you and Opera Software ASA related to content or commerce, 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 it's 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.
7. TERMINATION.
If you breach this Agreement 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.
Notice to U.S. Government Users: The Software and any associated documentation are "Commercial Items," as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
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, 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 terminate the Agreement, impose prices, and change the content and nature of the use of the Software at any time upon notice to you. Opera Software ASA may provide notice by SMS or by publishing the changes on its website. Your continued use of the Software 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.
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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 24 16 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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