OPERA Web Applications License Version 1.0 © Copyright 2006 Opera Software ASA. All rights reserved. OPERA SOFTWARE ASA ("OPERA") IS WILLING TO PERMIT USE OF THIS SOFTWARE BY YOU, ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS DOCUMENT. PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. IF YOU ARE NOT WILLING TO BE BOUND, YOU ARE NOT ALLOWED TO ACCESS THE CONTENTS OF, STUDY OR MAKE USE OF THE SOFTWARE IN ANY WAY. Terms of Agreement 1.Definitions a)"Original Code" means: The original version of the program accompanying this Agreement as released by Opera Software ASA ("OPERA"), including source code, object code and documentation, if any. b)"Covered Code" means: The Original Source Code, Contributions, the combination of the Original Code and Contributions, and/or any respective portions thereof. c)"Contribution" means: in the case of OPERA, the Original Code, and in the case of each Contributor, changes to the Original code, and additions to the Original Code; where such changes and/or additions to the Original Code originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Original Code by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Original Code which: (i) are separate modules of software distributed in conjunction with the Original Code under their own license agreement, and (ii) are not derivative works of the Original Code. d)"Contributor" means: OPERA and any other entity that distributes the Covered Code. e)"Recipient" means: Anyone who receives the Covered Code under this Agreement, including all Contributors. f)"Larger Work" means: A work which combines Covered Code or portions thereof with code not governed by the terms of this Agreement, specifically additions to the Original Code which: (i) are separate modules of software distributed in conjunction with the Original Code under their own license agreement, and (ii) are not derivative works of the Original Code. 2.Grant of Rights a)Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form. The limited license granted in this Section is only for the integration of the Contribution with or for the use of the Contribution in connection with other proprietary software of OPERA, including but not limited to OPERA’s browser software. b)Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Covered Code does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. c)Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement. d)Except as expressly stated in this Agreement, no other rights or licenses, express or implied, are granted by OPERA herein, including but not limited to any rights to trademarks, service marks or logos belonging to OPERA, OPERA’s suppliers or to any Contributor. 3.Requirements a)A Contributor may choose to distribute the Larger Work under its own license agreement, provided that: 1.it complies with the terms and conditions of this Agreement; 2.and its license agreement: 1.effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose; 2.effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits; 3.states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; 4.states that the Contribution only may be integrated with or used with other proprietary software of OPERA, including but not limited to OPERA’s browser software. 5.and states that source code for the Covered Code is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange. b)When the Covered Code is made available: 1. it must be made available under this Agreement; and a copy of this Agreement must be included with each copy of the Covered Code. 2.Each Contributor must duplicate, to the extent it does not already exist, the notice in Exhibit A in each file of the Covered Code of all Contributions, and cause the modified files to carry prominent notices stating that the contributor changed the files and the date of any change. 3.In addition, each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution. 4.No Warranty EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE COVERED CODE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Covered Code for commercial and non-commercial purposes and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of Covered Code errors, compliance with applicable laws, damage to or loss of data, code or equipment, and unavailability or interruption of operations. 5.Disclaimer of Liability EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE COVERED CODE OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. General If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Covered Code as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Covered Code shall continue and survive. OPERA may publish new versions (including revisions) of this Agreement from time to time. Each new version of the Agreement will be given a distinguishing version number. The Covered Code (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Covered Code (including its Contributions) under the new version. No one other than OPERA has the right to modify this Agreement. Except as expressly stated in Section 2(a), Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Covered Code not expressly granted under this Agreement are reserved. This Agreement is governed by the laws of Norway. 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.