Carsten Ziepke
1d1a9c5286
- Update to 97.0.4719.63
* CHR-9245 Update Chromium on desktop-stable-111-4719 to
111.0.5563.147
* DNA-105919 Set new Baidu search string
* DNA-106168 EasySetup update
- Add eula.html from https://legal.opera.com/eula/computers/eula.html
OBS-URL: https://build.opensuse.org/request/show/1077804
OBS-URL: https://build.opensuse.org/package/show/devel:openSUSE:Factory/opera?expand=0&rev=423
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12 KiB
HTML
205 lines
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HTML
<!DOCTYPE html>
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<html><head>
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<meta http-equiv="content-type" content="text/html; charset=UTF-8">
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<meta charset="UTF-8">
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<title>End User License Agreement</title>
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</head>
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<body>
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<h1 id="end-user-license-agreement">End User License Agreement</h1>
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<h2 id="opera-for-computers">Opera for Computers</h2>
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<p>Last updated: October 16, 2020</p>
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<p>This end user license agreement (“EULA”) governs your download and/or
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use of the executable code for the Opera for Computers desktop software
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application, including any update or upgrade thereto (“Software”). This
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EULA forms a binding contract between you and Opera Norway AS, a
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Norwegian company with an address at P.O. Box 4214 Nydalen, NO-0401
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Oslo, Norway (“Opera”).</p>
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<p><strong>1. This is a contract.</strong> This EULA constitutes a
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contract between you and Opera. You may not use the Software if you do
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not accept the terms in this EULA. By downloading and/or using the
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Software, you agree to be bound by all the terms and conditions set
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forth in this EULA. If you are under thirteen (13) years of age, or at
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least thirteen (13) years of age but a minor where you live, you must
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have your parent or legal guardian accept this EULA on your behalf and
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approve your use of the Software.</p>
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<p><strong>2. You are only granted a limited license to use the Software.</strong>
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Subject to the terms and conditions of this EULA, Opera hereby grants
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you a personal, limited, non-exclusive, non-transferable,
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non-sublicensable license to:</p>
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<p>(A) use the executable code version of the Software solely as installed on your personal computer; and</p>
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<p>(B) reproduce and distribute the Software solely as included in an
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application repository for a desktop open source operating system
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distribution PROVIDED THAT in all cases the Software is distributed: (i)
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without modification; (ii) free of charge to end-users; and (iii) with a
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copy of this EULA. Distribution for embedded open source operating
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systems is not permitted. For the avoidance of doubt, the Software must
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be distributed without modification (including as to the default search
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engine(s) in the Software settings), both at the time of distribution as
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well as after the Software is installed.</p>
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<p>You may only use the Software as expressly authorized in this Section 2.</p>
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<p><strong>3. You must respect our rights in the Software.</strong>
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Unless expressly permitted by law, you may not copy, decompile, reverse
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engineer, disassemble, attempt to derive the source code of, modify, or
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create derivative works of the Software. You may not remove, obscure, or
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alter any copyright notice or other proprietary rights notices affixed
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to or contained within the Software. You may not separate the component
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programs of the Software for use on different computers or sublicense,
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lease, rent, loan, or distribute the Software to any third party. You
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may not permit, direct or authorize any third party to take any action
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with respect to the Software which is inconsistent with the terms set
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forth in this EULA.</p>
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<p><strong>4. The Software contains our valuable intellectual property.</strong>
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You acknowledge and agree that the Software, including its sequence,
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structure, organization, source code and applicable documentation,
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contains valuable trade secrets and other intellectual property of Opera
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and its suppliers. The Software is licensed and not sold to you, and no
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title or ownership to such Software or the intellectual property rights
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embodied therein is granted to you. The Software is the exclusive
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property of Opera and its suppliers, and all rights in and to the
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Software not expressly granted to you in this Agreement are reserved.
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Nothing in this EULA will be deemed to grant, by implication, estoppel
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or otherwise, a license under any existing or future patents of Opera,
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except to the extent necessary for you to use the Software as expressly
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permitted under this EULA. You acknowledge and agree that any actual or
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threatened breach of this EULA will constitute immediate, irreparable
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harm to Opera for which monetary damages would be an inadequate remedy,
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and that injunctive relief is an appropriate remedy for any such breach
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or violation.</p>
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<p><strong>5. Components from third parties may be delivered along with the Software.</strong>
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The Software is delivered along with certain software components
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provided by third parties (“Third Party Software”). Opera shall not be
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responsible for any such Third-Party Software. Third-Party Software,
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particularly open source software, may be subject to separate license
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terms included with, or contained in the setup installation segments of
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such Third-Party Software. The terms set forth in this EULA do not apply
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to Third-Party Software to the extent they are inconsistent with such
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Third-Party Software licenses. This EULA governs your use of the
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Software in executable form. Source code for any open source Third-Party
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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>
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<p><strong>6. The Software may provide for access to additional services.</strong>
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Various services may be offered where available via or as integrated
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into the Software (“Services”). By using any such Services, you agreed
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to the terms of service at <a href="https://legal.opera.com/terms">https://legal.opera.com/terms</a>
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(“Terms of Service”). The Terms of Service are incorporated into this
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EULA by this reference. As is more fully explained in the Terms of
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Service, some Services are offered by Opera, others by third parties
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(which may be subject to separate terms – please refer to the Terms of
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Service for more information). Opera reserves the right at any time and
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from time to time to modify or discontinue, temporarily or permanently,
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the Services (or any part thereof) with or without notice. You agree
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that Opera shall not be liable to you or to any third party for any
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modification, suspension or discontinuance of the Services.</p>
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<p><strong>7. Our Software and Services are ad-supported.</strong> The
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Software is free to download and our Services are generally provided
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free of charge. Opera incurs substantial development, collocation and
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bandwidth expenses in doing this. To support our business and continue
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providing you with the Software and Services for free, we will display
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the advertisements of select partners to you. By using our Software and
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Services, you consent to the placement of such advertisements within the
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Software and Services.</p>
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<p><strong>8. Your privacy is important to us.</strong> Opera takes the
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protection and security of its users’ information very seriously and
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will treat any and all such information in accordance with our privacy
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statement, which is currently posted at <a href="https://legal.opera.com/privacy">https://legal.opera.com/privacy</a>
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(“Privacy Statement”). The Privacy Statement is incorporated into this
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EULA by this reference. You agree to the use of your data in accordance
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with the Privacy Statement.</p>
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<p><strong>9. Your license to use the Software terminates if you breach this EULA.</strong>
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This EULA will commence upon your download of the Software and continue
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in perpetuity unless terminated earlier as provided herein. This EULA
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will immediately terminate upon your breach of any of the terms or
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conditions set forth herein. Upon the termination of the EULA, you will
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discontinue all use of the Software, promptly destroy or have destroyed
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the Software and any copies thereof, and, upon request by Opera, certify
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in writing that such destruction has taken place. These remedies are
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cumulative and in addition to any other remedies which may be available.
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Section 1, as well as Sections 3 through 14 of this EULA shall survive
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termination.</p>
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<p><strong>10. The Software is provided without any warranties or guarantees.</strong>
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THE SOFTWARE IS PROVIDED “AS IS”, AND OPERA DISCLAIMS ALL WARRANTIES
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WITH REGARD TO THE SOFTWARE WHETHER EXPRESS, IMPLIED OR STATUTORY,
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INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE,
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NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
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USE, SATISFACTORY QUALITY, OR QUIET ENJOYMENT. OPERA DOES NOT WARRANT
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THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT
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THE SOFTWARE DOES NOT CONTAIN ANY VIRUSES. THIS WARRANTY DISCLAIMER IS A
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FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OPERA.
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OPERA WOULD NOT PROVIDE THE SOFTWARE ABSENT SUCH DISCLAIMER. NO
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REPRESENTATIONS OR WARRANTIES ARE MADE BY ANY OF OPERA’S CUSTOMERS OR
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SUPPLIERS UNDER OR BY VIRTUE OF THIS AGREEMENT. IF YOU ARE DISSATISFIED
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WITH ANY PORTION OF THE SOFTWARE, OR WITH ANY OF THESE TERMS, YOUR SOLE
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AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOFTWARE.</p>
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<p><strong>11. Opera is not liable for any damages you may incur.</strong>
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IN NO EVENT SHALL OPERA, ITS AFFILIATES, OR THEIR RESPECTIVE SUPPLIERS
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OR CUSTOMERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
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INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DAMAGES FOR
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INTERRUPTION OF BUSINESS, LOST DATA, LOST PROFITS, OR THE LIKE)
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REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING
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WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY, OR OTHER THEORY, EVEN
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IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE
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CUMULATIVE LIABILITY OF OPERA ARISING OUT OF OR RELATED TO THIS
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AGREEMENT EXCEED THE AMOUNT PAID TO OPERA IN RESPECT OF THE SOFTWARE
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GIVING RISE TO THE CLAIM OR, IF NO FEES WERE PAID, THEN FIVE HUNDRED
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EUROS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
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INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING EXCLUSION AND
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LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY WILL APPLY
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NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY
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SET FORTH HEREIN. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT
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OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OPERA. OPERA WOULD NOT
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PROVIDE THE SOFTWARE TO YOU ABSENT SUCH LIMITATION.</p>
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<p><strong>12. This contract is based on Norwegian law.</strong> This
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EULA will be governed by the laws of Norway without giving effect to any
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conflicts of law principles that may require the application of the
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laws of a different country. The United Nations Convention on Contracts
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for the International Sale of Goods does not apply to this Agreement.
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All actions or proceedings arising under or related to this Agreement
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must be brought in the Oslo City Court, and you hereby agree to
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irrevocably submit to the exclusive jurisdiction and venue of any such
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court in all such actions or proceedings. Notwithstanding this, you
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agree that Opera shall still be allowed to apply for injunctive remedies
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(or an equivalent type of urgent legal relief) in any jurisdiction. If
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any provision of this EULA is determined by a court of competent
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jurisdiction to be invalid, illegal, or unenforceable, the remaining
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provisions of this EULA shall not be affected or impaired thereby.</p>
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<p><strong>13. Opera may modify these Terms.</strong> Opera may update
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the terms of this EULA, the Privacy Statement or the Terms of Service.
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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>.
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It is your responsibility to remain informed of any changes as you are
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bound by the latest version of the EULA, Privacy Statement and Terms of
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Service.</p>
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<p><strong>14. General.</strong> You acknowledge and agree that the
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Software may contain cryptographic functionality the export of which may
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be restricted under applicable export control law. You will comply with
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all applicable laws and regulations in your activities with regard to
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the Software. You will not export or re-export the Software in violation
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of such laws or regulations or without all required licenses and
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authorizations. You may not assign or transfer this contract without
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obtaining Opera’s prior written consent, and any purported assignment or
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transfer in violation of this restriction will be null and void.</p>
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</body></html> |