END USER LICENSE AGREEMENT
For Content Distributed By Content Providers Via The Opera Software Mobile Content Distribution Program
Digital content which you may request to download (“Content”) is licensed, and not sold, to you by the identified licensor (“Content Provider”). In the event that such Content Provider has provided a separate license agreement accompanying or included in its Content, that separate license agreement will govern your use of the Content. If no such separate license agreement accompanies the Content, however, the Content Provider licenses the Content to you pursuant to this End User License Agreement (“EULA”). This EULA will also govern any upgrades provided by Content Provider that replace and/or supplement the Content, unless such upgrade is accompanied by a separate license agreement in which case the terms of that separate license agreement will govern.
1. License Grant. Pursuant to this EULA, Content Provider grants you a limited, non-transferable license to use the Content on the one device on which you download such Content. Content Provider reserves all rights not expressly granted to you in this EULA.
2. License Restrictions. You may not distribute or make the Content available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Content. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Content (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Content).
3. Consent to Use of Data. You agree that Content Provider may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Content. You grant Content Provider permission to use this information to improve its products or to provide services or technologies to you, provided such information is in a form that does not personally identify you.
4. Duration and Termination. This EULA shall continue in effective until terminated by you or Content Provider. Your rights under this EULA will terminate automatically with or without notice from the Content Provider if you fail to comply with this EULA. Upon termination of the EULA, you shall cease all use of the Content and promptly destroy all copies of the Content.
5. Services. The Content may enable access to certain websites or web services ("Services"). Accessing such Services may require that You accept additional terms of service. No portion of the Services may be reproduced in any form. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services. You agree not to use the Services to violate applicable law or to infringe the rights of any other party. Content Provider does not guarantee the availability, accuracy, completeness, reliability or timeliness of the Services.
6. Third Party Materials. Certain Services may make available materials from third parties or provide links to certain third party web sites (“Third Party Materials”). By using the Services, You acknowledge and agree that the Content Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. The Content Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third Party Materials. You acknowledge and agree that Content Provider is not in any way responsible for your use of Third Party Materials, nor for any harassing, threatening, defamatory, offensive or illegal materials that You may receive as a result of using any of the Services.
7. Intellectual Property Rights. You agree that the Content and Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Content and/or Services.
8. Disclaimer. THE CONTENT AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CONTENT PROVIDER AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES WITH REGARD TO THE CONTENT AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CONTENT PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. CONTENT PROVIDER DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR SERVICES WILL BE CORRECT, ACCURATE, TIMELY, OR OTHERWISE RELIABLE. SHOULD THE CONTENT OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability. TO THE EXTEND PERMITTED BY LAW, IN NO EVENT SHALL CONTENT PROVIDER OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CONTENT OR SERVICES, WITH THE DELAY OR INABILITY TO USE THE CONTENT OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE CONTENT OR SERVICES, OR FOR ANY MATERIALS OBTAINED THROUGH THE CONTENT OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE CONTENT OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF CONTENT PROVIDER OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Representations. By using the Content you represent and warrant that you are not located in any U.S. embargoed country, you are not on the U.S. Treasury Department's list of Specially Designated Nationals, and you are not on the U.S. Department of Commerce Denied Person’s List or Entity List. You also represent, warrant and agree that you will not use the Content for any purposes or in any manner prohibited by applicable law.
11. Governing Law. This EULA is governed by the laws of England and Wales, excluding its conflicts of law rules. Your use of the Content may also be subject to other local, state, national, or international laws.