Contract for use license for 3D models
ART. 1) SUBJECT
The present general selling conditions deal with the purchase, made via internet, of products sold in the site www.rosinasculture.it, from now on breviter called "The site".
ART. 2) OWNER
The Owner of this site is the firm ROSINA SCULTURE di Rosina Giancarlo, located in Sedriano (MI), Via San Bernardino n. 5/A, P.I. 08709320967, from now on breviter called ROSINA SCULTURE or, with refrence to intellectual property, the AUTHOR.
The contacts to be used as reference by the User are the following:
- Cellular telephone: +39 393 33 23 294
- E-mail address: advrosinasculture[@]gmail.com
ART. 3) APPLICABLE LAWS
All purchases mentioned in Art. 1 are regulated by present General Selling Conditions, by legislation dealing with Electronic Commerce (L. 70/2003) and by Consumer Code (L. 206/2005) if made by a Consumer.
ART. 4) Purchase of product
When purchasing a 3D model, the Author grants the usage, on a non-exclusive basis, of the relevant file via a Download operation, with following limitations:
- The Customer shall send a Purchase Order, filled with personal data, through the form available on the Site
- ROSINA SCULTURE will send, to the address reported in the filled Form, the confirmation about the real possibility to fullfill the order, the exact delivery time, the shipping costs and the details for payment and any other detail might be required by that kind of purchase
- When receiving the payment, ROSINA SCULTURE will send the file to the Customer and the Customer will be enabled to download it.
Before issuing the Purchase Order, the Customer shall verify the availability of a suitable SW program – with regular license by relevant SW house – compatible with the file sold by ROSINA SCULTURE.
ROSINA SCULTURE declines any responsibility for the missing operation of the File is not supported by a suitable software program.
5) Right of Withdrawal
Once executed the Download of the product, the withdrawal right cannot be exercised by the Customer any more ex art. 59, letter i), L. 206/2005.
6) Utilisation of the file
6a) The User has the authorisation to make the following actions:
i) to store a single digital copy of the File on own personal computer or own equivalent support through download operation
ii) to build physical specimens of the model with suitable devices, not provided by the Author
iii) to use the File to build images and videos.
The author declines any responsibility coming from the reproduction of the model on physical support and/or improper usage of materials, or materials not recommended by ROSINA SCULTURE.
6b) It is strictly forbidden to forward the 3D SW model or part of it to third parties, both upon payment and for free. It is also strictly forbidden to duplicate, to share, to distribute the file or part of it, and the user cannot make different usages in respect to what is listed in point 6a of present article.
It is also forbidden to make any modification of the File itself.
7) Author Rights
The file and the included work are protected by the law about Author Right (L. 633/1941).
All brands (registered and not), all intellectual work, hallmark or naming, image, photo, written text or graphical text and more in general any other intangible asset protected by national laws and international conventions about intellectual property right remain exclusive property of ROSINA SCULTURE, excluding that with accessing to the Site and/or establishing purchase contracts, any right is passed to the Customers.
All Products prices are clearly indicated in the Site.
7) Limitations on responsibility and damage refunding
In no case the Author will be responsible in front of the Customer for any consequential, incidental, indirect or special damage of any nature (including, just for example, damages coming from missing profit, interruptions of commercial relations, loss of commercial informations, etc...), and the same holds for direct damages to commercial activity, to the profits, both known and unforeseen, coming from the usage of the file or from the impossibility to use the downloaded file, and these conditions hold independently of claim basis (contract violation, negligence, civil responsibility laws violation or any other law violation) and also in the case the Author would have been informed about possibility of such damages.
8) Management of Personal Data
Customer data are managed by ROSINA SCULTURE in conformity to current laws about personal data protection (Dlgs 196/2003), as specified in "Informations on Privacy Management" in the relevant section.
9) General Clause
The present contract is regulated by italian law and is a complete agreement with reference to the subject, and any violation will be pursued according to law.
The competent jurisdiction for any legal dispute will be in Milan.
Date of last update: 06 september 2014
NOTE: In case there is some interpretation problem about this "CONTRACT FOR USE LICENSE FOR 3D MODELS" document, the reference is the equivalent text, written in italian language, and also reported in The Site.