Terms of Agreement
Opera Software ASA ("Opera") is willing to permit use of Opera Devices CDK ("CDK") by you ("Licensee"), only upon the condition that you accept all of the terms contained in this evaluation license and confidentiality agreement ("Agreement"). Please read the terms and conditions of this Agreement carefully. By reading, copying or using the CDK in any way, you accept the terms and conditions of this Agreement. If you are not willing to be bound, you are not allowed to access the contents of, study or make use of the CDK in any way.
Subject to the terms contained herein, Licensee is granted a non-exclusive, non-transferable, royalty-free and limited license to use the CDK for the purpose of developing applications (the "Purpose"). No license is granted to Licensee for any other purpose. Licensee may not sell, rent, loan or otherwise encumber or transfer the CDK in whole or in part, to any third party.
Licensee may not use the CDK in any way not covered by the Purpose including without limitation using it for commercial distribution. Licensee may not modify or create derivative works of the CDK, or reverse engineer, disassemble or decompile any binary portions of the CDK, or otherwise attempt to derive the source code from such portions.
Opera shall continue to own all right, title and interest, including all intellectual property rights, in and to the CDK. Except as expressly provided for herein, no right, title, or interest in or to the CDK, the Opera Browser, any trademarks, service marks, or trade names of Opera or Opera's licensors is granted under this Agreement.
Licensee will protect confidential information with the same degree of care, but no less than reasonable care, as Licensee uses to protect its own confidential information. "Confidential Information" means:
business, commercial and technical information and any source code or binary code which Opera discloses to Licensee related to the Opera Browser, Opera Devices SDK, SEK or CDK.
the terms, conditions, and existence of this Agreement.
The nondisclosure obligations set forth herein will not apply to any portion of Confidential Information that a Licensee can demonstrate in writing is:
now, or hereafter through no act or failure to act on the part of Licensee becomes generally known to the general public;
known to Licensee at the time of receiving the Confidential Information without an obligation of confidentiality;
hereafter rightfully furnished to Licensee by a third party without restriction on disclosure; or
independently developed by Licensee without any use of the Confidential Information.
Licensee agrees to restrict access to Confidential Information to its employees or contractors on a need to know basis and only to persons who have agreed in writing to be bound by a confidentiality obligation which is as protective of Opera's interests as this Agreement.
This Agreement will commence on the date on which Licensee first download, accesses the contents of or makes use of the CDK. Opera may terminate this Agreement immediately should Licensee materially breach any of its provisions or take any action in derogation of Opera's rights to the CDK or confidential information. Upon termination or expiration of this Agreement, Licensee will immediately cease to use
and destroy any copies of the CDK and Confidential Information in its possession and provide Opera with a written statement certifying that Licensee has done so. The rights and obligations in clause 4, along with any other terms of this Agreement which by their nature should survive, will remain in full force and effect after termination or expiration hereof.
Licensee acknowledges that the CDK may contain errors, omissions and inaccuracies and that Opera is under no obligation to support or assist in the use of the CDK, or to provide Licensee with updates or error corrections. If Opera, at its sole option, supplies updates or error corrections to Licensee, these will be considered part of the CDK, and shall be governed by the terms of this Agreement.
Licensee expressly acknowledges and agrees that use of the CDK is at its own risk and that the CDK is provided "as is" without any warranties or conditions whatsoever. Opera or its suppliers do not warrant that the CDK is error free or will meet your requirements. You assume responsibility for selecting and using the CDK, and for the results obtained from such use.
Opera Software ASA and its suppliers disclaim all warranties, express or implied, including but not limited to warranties related to non-infringement, accuracy, implied warranties of merchantability and fitness for a particular purpose.
In no event shall Opera Software ASA or its suppliers be liable for any damages whatsoever arising out of use or inability to use the CDK, even if advised of the possibility of such damages. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent allowed by applicable law.
Any and all disputes arising out of or in relation to this Agreement shall be submitted to ordinary court proceedings, with the Oslo City Court as legal venue. This Agreement shall be governed by and construed in accordance with Norwegian law.
© Opera Software ASA 2010