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END USER LICENSE AGREEMENT

Opera for Computers

Last Updated: October 14, 2016

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 Software AS, a Norwegian
company with an address at P.O. Box 4214 Nydalen, NO-0401 Oslo, Norway (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 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 provide 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 INCLUDE ADDITIONAL OPERA SERVICES. Various additional Opera services may
be offered where available via or as integrated into the Software (Services). These Services may
include one or more of the following:

i. Extension Catalog: Opera may offer a portfolio of third-party browser extensions 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.
ii. Compression: The Software includes compression functionality to enable users to boost the download
of web content such as webpages and/or videos. This functionality requests web content through
Operas proxy or compression servers. Your browsing experience may change due to increased loading
speeds.

iii. News Recommendations: The Software may include a current news feed feature to help you discover
and access news content made available by third parties on the internet. Opera exercises no editorial
control over any content that you access through this Service.

iv. Synchronization: Opera allows you to enable synchronization of browser data such 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.

v. Contextual Hints: The Software may include Browser Assistant, a component that provides
contextual hints about certain Opera browser features and other useful information which you might be
interested in. Browser Assistant is an optional component of the Software.

By using any of Operas 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. 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. THIRD PARTY SERVICES MAY BE PRE-INTEGRATED INTO THE SOFTWARE. Certain third-party 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 service, you agree to SurfEasys terms of service and privacy policy
at https://www.surfeasy.com/terms_of_service. As further described in those terms of service, you
must not use SurfEasys service in a manner that violates applicable law or in a manner that infringes
any third partys rights.

8. YOUR PRIVACY IS IMPORTANT TO US. Opera takes the matters of 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 Operas 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 OPERAS 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 NORWEGIAN LAW. 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.

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 Operas prior written
consent, and any purported assignment or transfer in violation of this restriction will be null and void.

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