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License
Components from third parties may be delivered along with the Software. The Soft
ware is delivered along with certain software components provide by third partie
s (Third Party Software). Opera shall not be responsible for any such Third-Party
Software. Third-Party Software, particularly open source software, may be subjec
t to separate license terms included with, or contained in the setup installatio
n 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 Thi
rd-Party Software licenses. This EULA governs your use of the Software in execut
able 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 a
n email message to opensource@opera.com.
The Software may include additional Opera services. Various additional Opera ser
vices may be offered where available via or as integrated into the Software (Serv
ices). These Services may include one or more of the following:
* Extension Catalog: Opera may offer a portfolio of third-party browser extensio
ns and themes (Add-Ons) at https://addons.opera.com/extensions. Opera exercises no
editorial control over the Add-Ons that you access through this Service.
* Compression: The Software includes compression functionality to enable users t
o boost the download of web content such as webpages and/or videos. This functio
nality requests web content through Operas proxy or compression servers. Your bro
wsing experience may change due to increased loading speeds.
* News Recommendations: The Software may include a feature, such as Discover, wh
ich helps you to discover and access news content made available by third partie
s on the internet. Opera exercises no editorial control over any content that yo
u access through this Service.
* Synchronization: Opera allows you to enable synchronization of browser data su
ch as your speed dials between Opera browsers on the devices you are using. This
Service requires that you login to a social network service or create an Opera
account.
By using any of Operas Services, you agreed to the terms of service at http://www
.opera.com/terms (Terms of Service). The Terms of Service are incorporated into th
is EULA by this reference. 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.
Third Party Services may be pre-integrated into the Software. Certain third-part
y services may be made available via the Software. Such third party services may
be subject to separate terms. The Software may include, for example, a virtual
private network (VPN) service offered by third party SurfEasy, Inc. (SurfEasy), a
Canadian company that is part of the Opera group of companies. By using this ser
vice, you agree to SurfEasys terms of service and privacy policy at https://www.s
urfeasy.com/terms_of_service/.
Your privacy is important to us. Opera takes the matters of protection and secur
ity of its users information very seriously and will treat any and all such infor
mation in accordance with our privacy statement, which is currently posted at ht
tp://www.opera.com/privacy (Privacy Statement). The Privacy Statement is incorpora
ted into this EULA by this reference. You agree to the use of your data in accor
dance with Operas Privacy Statement.
Your license to use the Software terminates if you breach this EULA. This EULA w
ill commence upon your download of the Software and continue in perpetuity unles
s terminated earlier as provided herein. This EULA will immediately terminate up
on your breach of any of the terms or conditions set forth herein. Upon the term
ination of the EULA, you will discontinue all use of the Software, promptly dest
roy 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. Sec
tion 1, as well as Sections 3 through 14 of this EULA shall survive termination.
The Software is provided without any warranties or guarantees. THE SOFTWARE IS P
ROVIDED AS IS, AND OPERA DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE WHET
HER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARR
ANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PUR
POSE OR USE, SATISFACTORY QUALITY, OR QUIET ENJOYMENT. OPERA DOES NOT WARRANT TH
AT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTW
ARE DOES NOT CONTAIN ANY VIRUSES. THIS WARRANTY DISCLAIMER IS A FUNDAMENTAL ELEM
ENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OPERA. OPERA WOULD NOT PROVIDE T
HE SOFTWARE ABSENT SUCH DISCLAIMER. NO REPRESENTATIONS OR WARRANTIES ARE MADE BY
ANY OF OPERAS CUSTOMERS OR SUPPLIERS UNDER OR BY VIRTUE OF THIS AGREEMENT. IF YO
U 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.
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 INCIDEN
TAL, 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 WI
THOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY, OR OTHER THEORY, EVEN IF ADVISE
D 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 O
PERA IN RESPECT OF THE SOFTWARE GIVING RISE TO THE CLAIM OR, IF NO FEES WERE PAI
D, THEN FIVE HUNDRED EUROS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIM
ITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING EXCLUSION AND L
IMITATION MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHS
TANDING 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 BARGA
IN BETWEEN YOU AND OPERA. OPERA WOULD NOT PROVIDE THE SOFTWARE TO YOU ABSENT SUC
H LIMITATION.
This contract is based on Norwegian law. This EULA will be governed by the laws
of Norway without giving effect to any conflicts of law principles that may requ
ire the application of the laws of a different country. The United Nations Conve
ntion on Contracts for the International Sale of Goods does not apply to this Ag
reement. All actions or proceedings arising under or related to this Agreement m
ust be brought in the Oslo City Court, and you hereby agree to irrevocably submi
t to the exclusive jurisdiction and venue of any such court in all such actions
or proceedings. Notwithstanding this, you agree that Opera shall still be allowe
d 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.
Opera may modify these Terms. Opera may update the terms of this EULA, the Priva
cy Statement or the Terms of Service. The current version of this EULA is posted
at http://www.operasoftware.com/eula/desktop, the latest version of the Privacy
Statement is posted at http://www.opera.com/privacy, and the Terms of Service a
re posted at http://www.opera.com/terms. It is your responsibility to remain inf
ormed of any changes as you are bound by the latest version of the EULA, Privacy
Statement and Terms of Service.
General. You acknowledge and agree that the Software may contain cryptographic f
unctionality the export of which may be restricted under applicable export contr
ol law. You will comply with all applicable laws and regulations in your activit
ies with regard to the Software. You will not export or re-export the Software i
n violation of such laws or regulations or without all required licenses and aut
horizations. You may not assign or transfer this contract without obtaining Oper