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THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MIVI s.r.l.(PlanctonVideo).
PLEASE READ IT CAREFULLY.
BY ORDERING OR DOWNLOADING ANY ROYALTY FREE IMAGE OR COLLECTION OF ROYALTY FREE IMAGES
FROM THE PLANCTONVIDEO WEBSITE YOU AGREE TO BE BOUND BY THIS AGREEMENT.
BETWEEN:
A. Mivi S.r.l. - Piazza Castello 6 - 87042 Altomonte (CS) ITALY("Licensor"); e
B. B. You (the "Licensee" including up to ten employees)
1. Definitions:
For the purpose of this Agreement the following words have the following meanings:
"CD" means a device sent to the Licensee by Mivi s.r.l. including but not limited to a
videotape, CD, DVD or other formats, so as to be capable by the use of that device:
(a) of being shown as a moving picture;
(b) of being embodied in a work or subject matter so as to be capable by the exploitation
of that work or subject matter of being shown as a moving picture;
and includes the aggregate of the sounds embodied in a sound-track associated with such
visual images.
The "Content" shall mean any photographic image, illustration, digital animation, film,
video or visual images or soundtrack, accessed through the internet through
PlanctonVideo's website (www.PlanctonVideo.it) or embodied in a CD.
The Content includes any modification of the Content made pursuant to this agreement.
The "Licence Fee" means the sum to be paid or paid for the CD and the Contenent.
2. Grant of Licence:
On receipt of the Licence Fee, Mivi s.r.l. hereby grants the Licensee a non-exclusive,
non-transferable licence to use and modify the Content subject to the terms of this agreement.
3. Term:
The term of this licence commences on the date Mivi s.r.l. receives the Licence Fee and,
subject to this agreement, continues until the expiration of the copyright and such
other rights in the Content.
4. Conditions of Licence:
The Licensee is permitted to use the Content in the following manner:
- to include the Content into any work or subject matter made by the Licensee and to
exploit that work or subject matter throughout the world in all media.
- the making of modifications or derivative works of the Content.
- · up to ten specific, named users to use the Content provided that all ten users are employed
or under contract to you.
The Licensee is not permitted to use the Content in the following manner:
- use by more than ten specific, named users.
- placement online in a downloadable format or use on a Website at a resolution greater than
384x288 pixel size.
- except where incorporated in a work or subject matter made by the Licensee, the Content may
not be sold, rented, loaned, given, or sub-licensed. Where the Content is incorporated
in a work or subject matter made by the Licensee, the Licensee shall only sub-licence
the work subject to the sub-licensee being restricted from reselling or using the Content
except as part of the work.
- The Content may not be used in works and subject matter which are pornographic, obscene, or
defamatory nor for any other unlawful purpose.
- The Content may not be used as a trademark or service mark and further, may not be used in
such a manner as to cause the likelihood of confusion or deception in the minds of the
public as to the origin of goods or services.
- Any backup or archival copy of the Content may not be used for any purpose other than to
replace an original copy if it is destroyed or becomes defective.
5. Copyright:
All right, title and interest in the Content is owned or controlled by MIVI s.r.l. and is
protected by italian and european copyright laws, international treaty provisions and
other applicable laws. The interest in the Content acquired by you pursuant to this
agreement is contractual only and does not create any proprietary interest in the Content.
6. Protectiion of Copyright
Any work in which the Contents are used must be protected by Copyright.
In all other cases any reproduction of the Contents must possess an adequate mechanism
of self-protection of copyright (written, electronic code, etc.).
The same mechanism should be used if the Contents are placed on Internet.
7. Guarantee
MIVI Ltd guarantees the purchasers of the licence that:
- the images can be used by the purchaser provided they are used in a proper way and
in conformity with the present agreement.
- the supports with which the images are supplied by MIVI Ltd are without defects either
of materials or of production and suited to being used in a normal manner.
The protection of the rights of guarantee acquired according to the present contract,
under the responsibility of MIVI Ltd, will be ensured, as MIVI Ltd chooses, in one
of the following ways:
1) Replacement of the images or support with which the same have been sent, should they
be defective or, in any case, not in conformity with the guarantee.
2) Refund of the price paid for the images and resolution of the present contract.
3) The present protection is conditional on the images being returned to MIVI Ltd within the
eighth day subsequent to expiry of the 30 days from the date of reception of the images.
Beyond the guarantees of MIVI Ltd and its suppliers, no other guarantees, conditions or
declarations, explicit or implicit, either statutary or otherwise, are provided,
and the implicit terms of satisfaction, commercial quality or suitability for a given
purpose, are excluded, without limitation. It is the responsibility of the purchaser
to ensure that the images are suited to his/her own purposes, and consequently to assume
the entire risk regarding the result obtained by the use of the same images.
8. Disclaimer:
MIVI s.r.l. is not liable to you or any third party for any damages, including but not
limited to any loss of profits, lost savings, or other incidental or consequential
damages arising out of the use of or inability to use the Content.
Except to the extent such warranties cannot be waived pursuant to the law,
MIVI s.r.l. makes no representation or warranty as to the suitability of the Content
for your intended use.
9. Employee:
If you are entering this agreement in the course of your employment, you hereby enter this
agreement as an authorised officer of your employer and hence the license granted and
restrictions and limitations recited herein apply so that your employer is the licensee
under this agreement and you are a representative of your employer. Should you cease
working for your employer, your employer will continue to have the benefit of this
agreement.
10. Additional Users:
As a registered user of the Content you are eligible to acquire a licence extension that
will allow use of the Content by more than ten users subject to the terms of a separate
agreement. Please contact PlanctonVideo for pricing and additional information.
11. Termination:
On the breach of the terms of this agreement, this license automatically terminates.
Upon termination, the Content must be returned to MIVI s.r.l. immediately, and you
must make no further use of it nor keep any copies of it.
12. Indemnity:
The Licensee indemnifies MIVI s.r.l. against any losses, expenses, cost or damages
incurred by MIVI s.r.l. as a result of your breach of the terms of the Agreement.
13. Privacy Policy
Based on rules stated on italian law # 675/96, concerning protection of people's privacy
and personal data treatment, the treatment of all data sent to this site will be based
on ethical principles of honesty, lawfulness and trasparency, protecting your privacy
and rights. Based on those principles the data collection is made exclusively for the
following reasons:
1) for site access statistics, to improve the services offered;
2) for marketing and advertising purposes;
3) to inform about news and updates, new products and services, special offers, seminars and
exhibitions; Data treatment for the above reasons will be based either on automatic or
not-automatic procedures, but always respecting the rules provided for by law.
Your data will not be either divulged or transferred to anyone else without your approval.
You can ask at any time to modify or remove your data writing to:
Mivi s.r.l. Piazza Castello 6 - 87042 Altomonte(CS) Italy or e-mailig to:
vittorio@planctonvideo.it. The automatic data collection system installed on this site
allows you to delete by yourself all yours previously submitted data, if you notice any
problem during deletion you can ask for modification or erase of your personal data to
the Webmaster e-mailing to michele@altomonte.it.
14. Right to whitdraw
Following the talian law Nr.185/1999, the purchaser has the right to withdraw.
The right of withdrawal can be asserted within 10 days from receipt of the merchandise
through a registered letter with advice of receipt.
as established in Art. 5 of the mentioned law, the merchandise can be sent back only if
the seal is intact.
You can send back the goods to: Mivi s.r.l. Piazza Castello 6 - 87042 Altomonte (CS) Italy.
Mivi s.r.l. will reimburse, within 30 days from receipt of the withdrawn goods, the amount
concerning the goods, excluding the price of the transport as stated in Art. 5 of the mentioned decree law.
15. Entire Agreement:
This Agreement contains the entire agreement between the parties and supercedes all prior
understandings and/or agreements whether written or oral. Any amendment to the Agreement
must be in writing and signed by both parties. If any provision of this Agreement is
found illegal or unenforceable, the legality and enforceability of the other provisions
of this Agreement shall not be affected. Your use of The Content must be in compliance
with all applicable laws, including but not limited to laws and regulations relating to
export, currency and moral rights.
This Agreement will be governed by the italian laws and the parties to this Agreement submit
to the jurisdiction of the Tribunal of Cosenza (Italy).
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