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OPERA SOFTWARE ASA - MULTIPLE LICENSE DISTRIBUTION AGREEMENT
Copyright (C) Opera Software 1995-2010
This is a legal agreement between you and Opera Software ASA.
The Product, as defined below, is protected by copyright, which is vested in Opera Software ASA/its suppliers.
The Product may only be distributed in accordance with the terms and conditions set out in this document.
If you do not read and agree to be bound by the terms and conditions defined in this document, you are not permitted to distribute the Product. If you agree to be bound by the terms and conditions defined in this document, you click on the "I accept" button below.
TERMS AND CONDITIONS
Distributor is hereby granted the nonexclusive right to distribute the Product(s) free of charge. For the purposes of this agreement, "the Product" means a desktop Internet browser, including but not limited to certain Internet suites, developed by Opera, for reading and writing files to and from a network and/or file system.
The Product shall be distributed subject to the Opera End User License Agreement, which is incorporated in this agreement by reference.
The Product may not be used on non-PC products, devices, or embedded in any other product, including, but not limited to, mobile devices, internet appliances, set top boxes (STB), handhelds, PDAs, phones, web pads, tablets, game consoles, TVs, gaming machines, home automation systems, or any other consumer electronics devices or mobile/cable/satellite/television or closed system based service. Notwithstanding, the Product may be stored and distributed on CDs, DVDs and USB-sticks.
Opera and its suppliers retain sole and exclusive right, title and interest to the Product and the intellectual property rights (including without limitation, all patent rights, design rights, copyrights and trade secrets) embodied therein.
Distributor will not delete or in any manner alter the copyright, trademark or other proprietary rights notices of Opera or its suppliers.
The Product is protected by copyright laws and international treaties.
You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained with the Product.
Each party undertakes not to disclose to third parties, nor to use for any purpose other than for the proper fulfillment of this Agreement, any non-public technical, financial or commercial information ("Confidential Information") received from the other party in whatever form under or in connection with this Agreement.
Each party undertakes to safeguard the Confidential Information of the other party with the same degree of care as it would apply to its own Confidential Information.
The Product is delivered ON A STRICTLY "AS IS" BASIS. TO THE EXTENT PERMITTED BY LAW, OPERA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES REGARDING THE PRODUCTS AND SERVICES PROVIDED HEREUNDER, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF FUNCTIONALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY OR OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING FROM ANY PERFORMANCE OR BREACH OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF THE FORM OF ACTION, OPERA AND ITS SUPPLIERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED USD 10.000,-.
Subject to the terms and conditions of this Agreement, Opera hereby grants to Publisher a non-exclusive, world wide, royalty-free, revocable license to use the trademarks specified in the Opera Software Trademark Usage Guidelines attached hereto as Appendix A, solely in connection with the marketing, promotion and distribution of the Product, to be used in accordance with said Guidelines.?
This Agreement may not be assigned or transferred by either Party without the other party's written consent in its sole discretion. This Agreement shall be governed by and construed in accordance with the laws of Norway, except that body of laws controlling conflict of laws. Any suit hereunder shall be brought only in the courts of Oslo, Norway and the Parties hereby submit to the jurisdiction thereof.
Either party may terminate this Agreement at any time without cause on 30 days notice to the other party. In the event of a material breach of this Agreement, Opera may terminate with immediate effect by written notice.
Privacy statement: Opera Software ASA strives to protect the security and privacy of the users of its products, and will strictly protect the security of the users' personal information, within the confines of the Opera domain. The Opera Software ASA privacy statement found at http://www.opera.com/privacy/, is incorporated in this Agreement by reference.
Any variation to the terms of this Agreement shall only be valid if made in writing by Opera Software ASA.
Any and all disputes arising out of the rights and obligations in this Agreement shall be submitted to ordinary court proceedings. You accept the Oslo City Court as legal venue under this Agreement.
This Agreement shall be governed by Norwegian law. Any and all disputes arising out of the rights and obligations in this Agreement shall be submitted to ordinary court proceedings. You accept the Oslo City Court as legal venue under this Agreement.
APPENDIX A: OPERA TRADEMARK USAGE GUIDELINES
Only companies or persons (herein after called "licensee") who have signed a special license agreement with Opera Software ASA (hereinafter called "OS"), are authorized to use the Trademarks specified below.
The Trademarks shall be used according to specifications set out by OS from time to time. Licensee shall do its best to preserve and protect the value and goodwill of the Trademarks by manufacturing and selling goods and service meeting quality specifications and standards satisfactory to OS.
The Opera Software Trademarks must be used properly and consistently to maintain legal protection as well as increasing its strength and distinctiveness.
The Licensee shall in a clear manner indicate that the Trademarks are the property of OS and that they are used by the Licensee under license from OS. A registration notice © or TM is required each time a Trademark is used.
The relevant Opera Software Trademarks are:
The Licensee shall not at any time during the term of this Agreement or at any time after its termination, either directly or indirectly, use or apply to register any trademark or other name, word or symbol which is visually, phonetically or conceptually confusingly similar to any of the OS Trademarks, whether as a trademark, service mark or in any other manner, or apply to register any external appearance design patent, incorporating any licensed Trademark or trademarks similar thereto.
Licensee shall employ earnest and reasonable means to prevent unfair competitive practices by others. Licensee shall immediately notify OS upon discovery of unfair competitive practices by others and shall reasonably assist OS in any action undertaken by OS with regard to such practices.
The Trademarks shall not be combined with any other names, words symbols or trademarks, except as may be authorized in writing by OS.
The full company name "Opera Software ASA" or "Opera Software" must always be used. Do not abbreviate as "Opera".
The product names must be used in a manner that describes a product. Product names must not be used grammatically as verbs or nouns.
The following example is correct:
"The Opera© browser product includes..." or "The Opera© browser includes..."
The following example states incorrect usage:
The Opera Software logo shall be reduced or enlarged only if the same relative proportions and positions between the different elements are maintained. The logo can only be displayed in colors as set forth on the OS home page. If you have questions regarding the use of the OS Trademarks, please contact us through our contact form.
AGREEMENT FOR MULTIPLE LICENSE DISTRIBUTION
© Opera Software ASA. Proprietary and Confidential