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Condizioni per l'uso


Consumer/Non-Profit Image
Licensing Agreement

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IMPORTANT -- READ THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE Massimo Fiorino Photo Store CONSUMER IMAGES. By installing or using the Massimo Fiorino Photo Store consumer images, you signify your acceptance of the terms of this License and you agree to be bound by its terms and conditions. If you do not agree to these terms and conditions, do not install or use the Call Of The Wild consumer images.

LICENSE FOR PERSONAL USE. Massimo Fiorino Photo Store ("MFPS") grants you a non-exclusive license to use, install, and copy the Massimo Fiorino Photo Store digital consumer images ("MFPS Consumer Images") subject to the following restrictions:

You may exercise the foregoing license solely for your personal use. "Personal use" is defined as the private, non-commercial use of theMFPS Consumer Images, including the display of the MFPS Consumer Images at various resolutions in combination with other materials such as a personal web page, the creation of printed materials containing theMFPS Consumer Images, and the use of the MFPS Consumer Images for reference, research and any other private, non-commercial purposes.

LICENSE FOR NON-PROFIT USE. Massimo Fiorino Photo Store ("MFPS ") grants you a non-exclusive license to use, install, and copy the accompanying Massimo Fiorino Photo Store digital images ("MFPS Consumer Images") subject to the following restrictions:

You may exercise the foregoing license solely for your Non-Profit use. "Non-profit use" is defined as the private, non-commercial use of theMFPS Consumer Images, including the display of the MFPS Consumer Images at various resolutions in combination with other materials such as an organization's web page, the creation of printed materials containing theMFPS Consumer Images, such as a newsletter, and the use of the MFPS Consumer Images for reference, research and any other private, non-commercial purposes. In addition, non-profit organizations may use theMFPS Consumer Images in conjunction with fundraising activities, including the sale of items using the MFPS Consumer Images with the following restrictions:

1.

MFPS Consumer Images may not be sold in any electronic form, either as an individual digital image, or part of a collection of digital images, including but not limited to: duplication of existingMFPS CD-ROM collections; screensavers; wallpapers; images on CD-ROM, floppy diskette, or other "removable media" for computer use; and files made available for download over the Internet or private intranet.

2.

The MFPS copyright notice must be appropriately and prominently displayed.

3.

The non-profit organization or one of it's members must have purchased the CD-ROM, and the organization and it's members agree to be bound by the terms and conditions of this licensing agreement.

4.

The non-profit organization may use a commercial entity to manufacture item(s) being used as part of the fundraiser provided the non-profit organization seeks out the commercial entity.

5.

A commercial entity may purchase the MFPS Consumer Images on behalf of the non-profit organization for any acceptable non-profit use as defined above, provided the non-profit organization approached the commercial entity regarding the project prior to the purchase, the non-profit organization is the sole licensee, and the COTW Consumer Images are surrendered to the non-profit organization at the completion of the project.

6.

Any commercial entity approaching the non-profit organization with MFPS Consumer Images is in violation of this agreement.

RESTRICTIONS. Except as outlined above for Non-Profit use, you may not use or incorporate the MFPS Consumer Images in any materials, goods, or services for which you charge or collect any fees, money or other consideration, either directly or indirectly through advertising, sponsorship, or otherwise. You may not use or incorporate theMFPS Consumer Images in any advertising or promotional materials;

While you may incorporate the MFPS Consumer Images into your own printed and electronic materials, you may not resell, license, or otherwise distribute the MFPS Consumer Images or derivative works of the MFPS Consumer Images on a "stand alone" basis (i.e., you may not distribute the MFPS Consumer Images apart from your own printed and electronic materials). You may not sublicense or transfer any of your rights under this License;

You may not use any of the MFPS Consumer Images that contain recognizable persons, entities, or products in a manner which suggests their association with or endorsement of any product or service;

You may not use the MFPS Consumer Images in any pornographic, defamatory, libelous, or other unlawful manner; and

You may not remove, disable or attempt to remove or disable any digital watermarks or other proprietary notices or markings that may be included with theMFPS Consumer Images.

TITLE. The MFPS Consumer Images are the proprietary and copyrighted materials of Massimo Fiorino and/or its suppliers, and all rights, titles, and interests in and to theMFPS Consumer Images remain with Massimo Fiorino and its suppliers.

NO WARRANTIES. Massimo Fiorino provides the MFPS Consumer Images to you "as is," without warranty of any kind, and MFPS specifically disclaims all warranties, expressed or implied, with respect to the MFPS Consumer Images including without limitation any implied warranties of merchantability and fitness for a particular purpose. There is no warranty of Title or noninfringement for theMFPS Consumer Images.

LIMITATIONS OF LIABILITY. In no event shall MFPS be liable for any third party claims or any incidental, consequential or special damages arising out of this license or your use or inability to use theMFPS Consumer Images, even if MFPS has been advised of the possibility of such damages. In no event shall MFPS 's liability (whether in Tort, Contract or otherwise) exceed the fee paid to MFPS for use of the MFPS Consumer Images.

TERMINATION. MFPS may terminate the License immediately if you fail to comply with its terms and conditions.

REVISIONS AND MODIFICATIONS. MFPS reserves the right to make revisions and modifications to this License so that the original intent of the license remains intact. In the event it is brought to the attention ofMFPS that one or more of the provisions can be held invalid or interpreted other than intended, the provision(s) shall be modified to maintain the integrity of the License, and the revised License shall be posted on the website.

GENERAL. This License is intended as a legally binding agreement between you and Massimo Fiorino. Its terms state the entire agreement between you andMassimo Fiorino with respect to your use of the MFPS Consumer Images and supersede any prior understandings or agreements to the contrary. If any provision of this agreement is held invalid, the remainder shall continue in full effect. Failure byMassimo Fiorino to act on any breach of compliance does not imply a waiver of our rights in terms of the breach or subsequent breaches of compliance. This License is governed by the laws of the State of Italy without regard to its principles on choice of law, and in any action relating to this License or the MFPS Consumer Images you agree to the jurisdiction and venue of the state and federal courts sitting in Napoli, Italy.




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