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<h1 id="end-user-license-agreement">End User License Agreement</h1>
<h2 id="opera-for-computers">Opera for Computers</h2>
<p>Last updated: October 16, 2020</p>
<p>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 Norway AS, a
Norwegian company with an address at P.O. Box 4214 Nydalen, NO-0401
Oslo, Norway (“Opera”).</p>
<p><strong>1. This is a contract.</strong> 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.</p>
<p><strong>2. You are only granted a limited license to use the Software.</strong>
Subject to the terms and conditions of this EULA, Opera hereby grants
you a personal, limited, non-exclusive, non-transferable,
non-sublicensable license to:</p>
<p>(A) use the executable code version of the Software solely as installed on your personal computer; and</p>
<p>(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.</p>
<p>You may only use the Software as expressly authorized in this Section 2.</p>
<p><strong>3. You must respect our rights in the Software.</strong>
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.</p>
<p><strong>4. The Software contains our valuable intellectual property.</strong>
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.</p>
<p><strong>5. Components from third parties may be delivered along with the Software.</strong>
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 <a href="https://sourcecode.opera.com/">https://sourcecode.opera.com</a> or by sending an email message to <a href="mailto:opensource@opera.com">opensource@opera.com</a>.</p>
<p><strong>6. The Software may provide for access to additional services.</strong>
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 <a href="https://legal.opera.com/terms">https://legal.opera.com/terms</a>
(“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.</p>
<p><strong>7. Our Software and Services are ad-supported.</strong> 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.</p>
<p><strong>8. Your privacy is important to us.</strong> 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 <a href="https://legal.opera.com/privacy">https://legal.opera.com/privacy</a>
(“Privacy Statement”). The Privacy Statement is incorporated into this
EULA by this reference. You agree to the use of your data in accordance
with the Privacy Statement.</p>
<p><strong>9. Your license to use the Software terminates if you breach this EULA.</strong>
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.</p>
<p><strong>10. The Software is provided without any warranties or guarantees.</strong>
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.</p>
<p><strong>11. Opera is not liable for any damages you may incur.</strong>
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.</p>
<p><strong>12. This contract is based on Norwegian law.</strong> This
EULA will be governed by the laws of Norway without giving effect to any
conflicts of law principles that may require the application of the
laws of a different country. The United Nations Convention on Contracts
for the International Sale of Goods does not apply to this Agreement.
All actions or proceedings arising under or related to this Agreement
must be brought in the Oslo City Court, and you hereby agree to
irrevocably submit 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 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.</p>
<p><strong>13. Opera may modify these Terms.</strong> 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 <a href="https://legal.opera.com/eula/computers">https://legal.opera.com/eula/computers</a>, the latest version of the Privacy Statement is posted at <a href="https://legal.opera.com/privacy">https://legal.opera.com/privacy</a>, and the Terms of Service are posted at <a href="https://legal.opera.com/terms">https://legal.opera.com/terms</a>.
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.</p>
<p><strong>14. General.</strong> 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.</p>
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