OPERA-2018
Format: Mostly copyright-format 1.0
# http://www.debian.org/doc/packaging-manuals/copyright-format/1.0/
# Making this file match the format entirely would require
# reformatting the Opera license.
Upstream-Name: opera-stable
Source: http://www.opera.com
Files: *
Copyright: 2014 Opera Software
License: Proprietary
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 (âThird Party
Softwareâ). 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 (âServicesâ). By using any such
Services, you agreed to the terms of service at https://www.opera.com/terms (âTerms of
Serviceâ). 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 â 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 usersâ
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 (âPrivacy
Statementâ). The Privacy Statement is incorporated into this EULA by this reference. You agree to
the use of your data in accordance with Operaâs 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 âAS
ISâ, 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 OPERAâS 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 Operaâs prior
written consent, and any purported assignment or transfer in violation of this restriction will be
null and void.
