

END USER LICENSE AGREEMENT


Opera for Computers

Last updated: December 14, 2018

This end user license agreement ("EULA") governs your download and/or use of the executable code for the Opera for Computers desktop software application, including any update or upgrade thereto ("Software"). This EULA forms a binding contract between you and Opera Unite Pte. Ltd., a Singapore company with a registered address at 8 Burn Road #07-07 Trivex, Singapore 369977 ("Opera").

Terms & Conditions

1. THIS IS A CONTRACT. This EULA constitutes a contract between you and Opera. You may not use the Software if you do not accept the terms in this EULA. By downloading and/or using the Software, you agree to be bound by all the terms and conditions set forth in this EULA. If you are under thirteen (13) years of age, or at least thirteen (13) years of age but a minor where you live, you must have your parent or legal guardian accept this EULA on your behalf and approve your use of the Software.

2. YOU ARE ONLY GRANTED A LIMITED LICENSE TO USE THE SOFTWARE. Subject to the terms and conditions of this EULA, Opera hereby grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to:

(A) use the executable code version of the Software solely as installed on your personal computer; and

(B) reproduce and distribute the Software solely as included in an application repository for a desktop open source operating system distribution PROVIDED THAT in all cases the Software is distributed: (i) without modification; (ii) free of charge to end-users; and (iii) with a copy of this EULA. Distribution for embedded open source operating systems is not permitted. For the avoidance of doubt, the Software must be distributed without modification (including as to the default search engine(s) in the Software settings), both at the time of distribution as well as after the Software is installed.

You may only use the Software as expressly authorized in this Section 2.

3. YOU MUST RESPECT OUR RIGHTS IN THE SOFTWARE. Unless expressly permitted by law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software. You may not remove, obscure, or alter any copyright notice or other proprietary rights notices affixed to or contained within the Software. You may not separate the component programs of the Software for use on different computers or sublicense, lease, rent, loan, or distribute the Software to any third party. You may not permit, direct or authorize any third party to take any action with respect to the Software which is inconsistent with the terms set forth in this EULA.

4. THE SOFTWARE CONTAINS OUR VALUABLE INTELLECTUAL PROPERTY. You acknowledge and agree that the Software, including its sequence, structure, organization, source code and applicable documentation, contains valuable trade secrets and other intellectual property of Opera and its suppliers. The Software is licensed and not sold to you, and no title or ownership to such Software or the intellectual property rights embodied therein is granted to you. The Software is the exclusive property of Opera and its suppliers, and all rights in and to the Software not expressly granted to you in this Agreement are reserved. Nothing in this EULA will be deemed to grant, by implication, estoppel or otherwise, a license under any existing or future patents of Opera, except to the extent necessary for you to use the Software as expressly permitted under this EULA. You acknowledge and agree that any actual or threatened breach of this EULA will constitute immediate, irreparable harm to Opera for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for any such breach or violation.

5. COMPONENTS FROM THIRD PARTIES MAY BE DELIVERED ALONG WITH THE SOFTWARE. The Software is delivered along with certain software components provided by third parties (“Third Party Software”). Opera shall not be responsible for any such Third-Party Software. Third-Party Software, particularly open source software, may be subject to separate license terms included with, or contained in the setup installation segments of such Third-Party Software. The terms set forth in this EULA do not apply to Third-Party Software to the extent they are inconsistent with such Third-Party Software licenses. This EULA governs your use of the Software in executable form. Source code for any open source Third-Party Software delivered along with the Software can be obtained at http://sourcecode.opera.com or by sending an email message to opensource@opera.com.

6. THE SOFTWARE MAY PROVIDE FOR ACCESS TO ADDITIONAL SERVICES. Various services may be offered where available via or as integrated into the Software (“Services”). By using any such Services, you agreed to the terms of service at https://www.opera.com/terms (“Terms of Service”). The Terms of Service are incorporated into this EULA by this reference. As is more fully explained in the Terms of Service, some Services are offered by Opera, others by third parties (which may be subject to separate terms – please refer to the Terms of Service for more information). Opera reserves 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 Opera shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

7. OUR SOFTWARE AND SERVICES ARE AD-SUPPORTED. The Software is free to download and our Services are generally provided free of charge. Opera incurs substantial development, collocation and bandwidth expenses in doing this. To support our business and continue providing you with the Software and Services for free, we will display the advertisements of select partners to you. By using our Software and Services, you consent to the placement of such advertisements within the Software and Services.

8. YOUR PRIVACY IS IMPORTANT TO US. Opera takes the protection and security of its users’ information very seriously and will treat any and all such information in accordance with our privacy statement, which is currently posted at https://www.opera.com/privacy (“Privacy Statement”). The Privacy Statement is incorporated into this EULA by this reference. You agree to the use of your data in accordance with Opera’s Privacy Statement.

9. YOUR LICENSE TO USE THE SOFTWARE TERMINATES IF YOU BREACH THIS EULA. This EULA will commence upon your download of the Software and continue in perpetuity unless terminated earlier as provided herein. This EULA will immediately terminate upon your breach of any of the terms or conditions set forth herein. Upon the termination of the EULA, you will discontinue all use of the Software, promptly destroy or have destroyed the Software and any copies thereof, and, upon request by Opera, certify in writing that such destruction has taken place. These remedies are cumulative and in addition to any other remedies which may be available. Section 1, as well as Sections 3 through 14 of this EULA shall survive termination.

10. THE SOFTWARE IS PROVIDED WITHOUT ANY WARRANTIES OR GUARANTEES. THE SOFTWARE IS PROVIDED “AS IS”, AND OPERA DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, SATISFACTORY QUALITY, OR QUIET ENJOYMENT. OPERA DOES NOT WARRANT THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE DOES NOT CONTAIN ANY VIRUSES. THIS WARRANTY DISCLAIMER IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OPERA. OPERA WOULD NOT PROVIDE THE SOFTWARE ABSENT SUCH DISCLAIMER. NO REPRESENTATIONS OR WARRANTIES ARE MADE BY ANY OF OPERA’S CUSTOMERS OR SUPPLIERS UNDER OR BY VIRTUE OF THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOFTWARE.

11. OPERA IS NOT LIABLE FOR ANY DAMAGES YOU MAY INCUR. IN NO EVENT SHALL OPERA, ITS AFFILIATES, OR THEIR RESPECTIVE SUPPLIERS OR CUSTOMERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DAMAGES FOR INTERRUPTION OF BUSINESS, LOST DATA, LOST PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY, OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 SOFTWARE GIVING RISE TO THE CLAIM OR, IF NO FEES WERE PAID, THEN FIVE HUNDRED EUROS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OPERA. OPERA WOULD NOT PROVIDE THE SOFTWARE TO YOU ABSENT SUCH LIMITATION.

12. THIS CONTRACT IS BASED ON ENGLISH LAW. This EULA will be governed by the laws of England and Wales, without giving effect to any conflicts of law principles that may require the application of the laws of a different country. Any and all disputes arising out of or in connection with this EULA, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in English in accordance with the UNCITRAL Arbitration Rules for the time being in force at the commencement of the arbitration. The place of arbitration shall be Singapore before a tribunal of three arbitrators, one to be appointed by each of the parties and the third by the two so chosen, unless the parties have agreed to the appointment of a sole arbitrator. The parties agree that the seat of the arbitration shall remain in London. Notwithstanding this, you agree that Opera shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. If any provision of this EULA is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this EULA shall not be affected or impaired thereby

13. OPERA MAY MODIFY THESE TERMS. Opera may update the terms of this EULA, the Privacy Statement or the Terms of Service. The current version of this EULA is posted at https://www.opera.com/eula/computers, the latest version of the Privacy Statement is posted at https://www.opera.com/privacy, and the Terms of Service are posted at https://www.opera.com/terms. It is your responsibility to remain informed of any changes as you are bound by the latest version of the EULA, Privacy Statement and Terms of Service.

14. GENERAL. You acknowledge and agree that the Software may contain cryptographic functionality the export of which may be restricted under applicable export control law. You will comply with all applicable laws and regulations in your activities with regard to the Software. You will not export or re-export the Software in violation of such laws or regulations or without all required licenses and authorizations. You may not assign or transfer this contract without obtaining Opera’s prior written consent, and any purported assignment or transfer in violation of this restriction will be null and void.
