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Mobile Permission Terms and Conditions

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Mobile Permission Terms & Conditions

Giorgio Lodigiani & Partners (GL&P), di LODIGIANI GIORGIO D.I. (LG_DI):
TERMS OF USE.

Please read carefully the following provisions of this TERMS OF USE (“TERMS OF USE”). This is a legal agreement between you and GL&P, LG_DI regarding the use of the GL&P software programs, contents and related documentation being copied and installed by YOU on YOUR device (the “contents”). By downloading the COntentes and/or using any of the supports enabled by the Contents (the “Supports”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE CONTENTS AND all SUPPORTS.

1. Acknowledgment.
This paragraph is intended to apply to you if you have downloaded the COntents from the m15 Stores. GL&P, LG_DI and you acknowledge that this Terms of Use is concluded between GL&P LG_DI and you only, and not with Third Parties - Suppliers / Providers (“3rd_PSP”), and as between GL&P LG_DI and 3rd_PSP, GL&P LG_DI, not 3rd_PSP, is solely responsible for the CONTENTS and SUPPORTS and their content thereof. This Terms of Use is not intended to provide for usage rules for the Contents and Supports that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise be in conflict with, the m15 Store Terms of Service as of the date hereof (which you further acknowledge you have had the opportunity to review).

2. License Grant.
a) Subject to your compliance with the terms and conditions set out in this Terms of Use, GL&P LG_DI grants you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable license to download, install and use one (1) copy of the Contents, in object code format, only on your personal computer or mobile device (if you have downloaded the COntents from the m15 Store, then only on your Smart Phone, Smart MP or Tablet device) (the “Device”) for the sole purpose of personally using the internet communication application provided by GL&P LG_DI and any other applications that may be explicitly provided by GL&P LG_DI through use of the COntents, and if you have downloaded the COntents from the m15 Store, as permitted by the Usage Rules set forth in the m15 Store Terms of Service as of the date hereof. b) If you have downloaded the Contents from the 3rd_PSP Store, then this Section 2(b) shall apply to you and shall replace Section 2(a) above. Subject to your compliance with the terms and conditions set out in this Terms of Use, GL&P LG_DI grants you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable license to download, install and use one (1) copy of the Contents, in object code format, on up to five (5) of your personal computers (the “Device”) for the sole purpose of personally using the internet communication application provided by GL&P LG_DI and any other applications that may be explicitly provided by GL&P LG_DI through use of the Contents.

3. Ownership.
The Content is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Contents includes trade secrets and information that is confidential and proprietary to GL&P LG_DI and you agree to take all necessary actions to protect the confidentiality of such information. All ownership rights in the COntents and Supports, including any related documentation and any new releases, modifications, and enhancements thereto belong solely to GL&P LG_DI and its licensors, if any, including all intellectual property rights therein. The Contents is licensed, not sold. Title does not pass to you. There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right. GL&P LG_DI hereby expressly reserves all rights in the Contents AND all SUPPORTS which are not expressly granted to you HEREunder.

4. Restrictions.
You only obtain a license to use the object code version of the COntents. You shall not (i) copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Contents or any of the Supports; (ii) sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export or grant other rights in the Contents or Supports and any attempt by you to take such action shall be void; (iii) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Contents or any of the Supports by any means whatsoever; (iv) remove, obscure or alter any copyright and/or other proprietary notices contained on or in or otherwise connected to the Contents or any of the Supports; (v) use the Contents or any of the Suports to create or proliferate a virus or to circumvent any copy protection or other digital rights management mechanism.

5. Additional Restrictions.
You further represent that you shall not (i) use the Contents or any of the Supports for any illegal or unauthorized purpose, (ii) use the Contents or any of the Supports in any manner which could damage, disable, overburden or impair any of the Supports, (iii) transmit worms, viruses or any code of a destructive nature, (iv) display, transmit or share any content consisting of text, sounds, audio, pictures, photos, video and/or any type of materials, information or communications (“Information”) deemed hateful, threatening, pornographic, obscene, abusive, racially or ethnically offensive, libelous or defamatory, or any Information that encourages conduct that would be considered a criminal offense or bring forth civil liability, (v) attempt to hack, destabilize or adapt GL&P's LG_DI’s website, the Contents (or its source code) or any of the Supports, or alter another website so as to falsely imply that it is affiliated with GL&P LG_DI, or (vi) use or access any of the Supports by any means other than through the interface provided by GL&P LG_DI.

6. Your Utilization of Your Device:
If your use of the Contents or Supports is dependent upon the use of bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the COntents is subject to you obtaining consent from the relevant third party for such use and by using the Content you warrant that you have obtained such consent. In addition, you warrant that you own the Device to which you are downloading the Contents, or that you have the legal right to control the use of that Device. You further agree to ensure that any other person whom you permit to use the Contents or Supports will do so in accordance with this Terms of Use. You must delete any Contents from the Device if you sell the Device, or if you cease to have the legal right to control use of the Device.

7. Content.
Content transmitted by the use of the Contents and Supports is entirely the responsibility of the person from whom such Information originated. You use the Contents and Supports at your own risk and understand that by using the Contents or any of the Support, you may be exposed to Information that is offensive, harmful to minors, indecent or otherwise objectionable. GL&P LG_DI do not endorse any Information and ­expressly disclaims any and all liability in connection with any and all Information transmitted or displayed using the Contents and/or Supports. You hereby release and discharge the GL&P LG_DI Parties (as defined below) from any and all claims and demands arising out of or relating to any Information.

8. Your Information.
You acknowledge and agree that you are solely responsible for any Information that you transmit or display through the Contents or Supports and that GL&P LG_DI (and m15 if you downloaded the Contents from the m15 Store) is not responsible to you or any third party in connection with any Information. You further agree to pay for all royalties, fees, and any other monies owing any person by reason of any of your Information. In addition, you represent and warrant that: (a) you are the creator and owner of or have the necessary rights to transmit or display the Information; and (b) the Information you transmit or you display does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person. VIOLATORS OF THESE THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. GL&P LG_DI RESERVES ALL RIGHTS AND REMEDIES AGAINST ANYONE WHO VIOLATES ANY OF THE PROVISIONS OF THIS TERMS OF USE.

9. Third Parties.
The Contents may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Contents falls under the scope of this Agreement.

10. New Versions of the Contents.
GL&P LG_DI, in its sole discretion, reserves the right to add additional features or functions, or to modify or provide programming fixes, updates and upgrades, to the Contents or Supports. GL&P LG_DI has no obligation to make available to you any modifications, updates, support, maintenance or subsequent versions of the Contents or any of the Supports. You may have to agree to a renewed version of Terms of Use in the event you want to download, install or use any modifications, updates or new versions of the Contents. You acknowledge that GL&P LG_DI may automatically issue any modifications, updates or upgraded versions of the Contents and, accordingly, may modify, update or upgrade the version of the Contents that you are using or have installed on your Device. You hereby agree that your Device may automatically request and/or receive such modifications, upgrades or updates.

11. Eligibility.
The license to use the Contents and Supports is not valid in any jurisdiction where prohibited. The Contents and Supports are intended solely for users who are thirteen (13) years of age or older, and any registration, use or access to the Contents or Supports by anyone under 13 is unauthorized, unlicensed, and in violation of this Terms of Use. GL&P LG_DI may terminate your account, delete any content or information that you have posted on the Supports, and/or prohibit you from using or accessing the Contents or Supports (or any portion, aspect or feature of the Supports) for any reason or for no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13. If you are under 18 years of age you may use the Contents and Supports only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and abide by the provisions set forth in this Terms of Use.

12. No Access to Emergency Services.
The Contents and Supports are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements (“Emergency Services”). There are important differences between traditional telephone services and the Contents and Supports. You acknowledge and agree that: (i) GL&P LG_DI are not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from the Contents, traditional wireless (cellular) or fixed line telephone services that offer access to Emergency Services, and (iii) GL&P LG_DI are not a replacement for your primary telephone service.

13. Prevention of Unauthorized Use.
GL&P LG_DI reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Contents or Supports, including, but not limited to, technological barriers, IP mapping, and directly contacting your wireless (cellular) carrier regarding such unauthorized use.

14. License Grant to GL&P LG_DI.
You hereby authorize GL&P LG_DI to collect and use the address books, contact lists, and unique phone identifiers (IMEI, UDID, or other) contained in the Devices to which you have downloaded the Contents for purposes of your use of the Supports with your device.

15. Premium Supports.
From time to time, GL&P LG_DI may provide additional features and/or Supports that you pay for (“Premium Supports”). GL&P LG_DI may also offer from time to time in its sole discretion, certain Premium Supports for free, whether for a trial period or otherwise. Unless expressly stated otherwise, references in this Terms of Use to the Supports include the Premium Supports.

16. Payments for Premium Supports.
The Premium Supports may be offered on a subscription basis, per usage basis or as otherwise described at the time of your purchase, and may be payable in advance, in arrears, per usage, or as otherwise described at the time of your purchase. If you purchase any Premium Supports, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the charges are payable and whether charged by GL&P LG_DI or the online application store from which you downloaded the Contents (the “Application Store”). You agree to abide by any relevant terms of service or other legal agreement that governs your use of a given payment processing service and/or method. If you purchase Premium Supports on a subscription basis, you acknowledge and agree that this is a recurring payment and payments shall be made by the payment method and payment intervals you have selected, until the subscription for the Premium Supports is terminated. You agree that if you purchase Premium Supports through an Application Store, all payment related questions, issues, disagreements and/or disputes shall be handled in accordance with the terms of service or other legal agreement that governs your use of a given payment processing service and/or method, and in no event will GL&P LG_DI have any responsibility in connection with any of the foregoing.

17. Refunds.
You may request a full refund for any Premium Supports purchased from an Application Store if permitted by, and pursuant to the refund rules of, the Application Store.

18. Termination by You.
You may terminate your use of the Supports at any time by uninstalling and deleting the Contents from all of your Devices. If you have subscribed to any Premium Supports, you agree that you are solely responsible for directly terminating all payment obligations you may have with any Application Store and/or payment processing service in connection with the Premium Supports.

19. Termination by GL&P LG_DI.
Without limiting any other remedies, GL&P LG_DI may limit, suspend, discontinue or terminate this Terms of Use and/or your use of all or any part of the Contents and/or Supports, with immediate effect, automatically, with or without notice and without recourse to the courts, for any reason or for no reason, including without limitation if GL&P LG_DI believes that you are (i) in breach of any of the terms of this Terms of Use, (ii) creating problems or legal liabilities (actual or potential), (iii) delinquent with respect to any charges due for a Premium Support, (iv) infringing a third party’s intellectual property rights, or (v) engaging in fraudulent, immoral or illegal activities. You agree that GL&P LG_DI are under no obligation to provide the Supports, including without limitation any Premium Supports, and that no GL&P LG_DI Party shall be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the Contents and/or any of the Supports.

20. Storage of Information.
Subject to the terms and conditions of this Terms of Use, GL&P LG_DI will use reasonable efforts to store your Information, if any, in connection with your use of a Premium Supports if such storage is a feature provided with the Premium Supports. You acknowledge and agree that GL&P LG_DI shall have no responsibility for the loss, deletion, or destruction of any Content, including any stored Content and that no GL&P LG_DI Party is under any obligation to preserve, provide access to or return to you any Information. In addition, you further acknowledge and agree that, if you have elected to use a Premium Supports that includes the storage of Information and you are not active on the Premium Supports for sixty (60) days or longer (as determined by GL & Partners), GL&P LG_DI may delete your Informationn for any reason, including technical, business or any other reasons.

21. Third-Party Sites, Products and Services; Links.
The Supports may include links or references to other web sites or services solely as a convenience to our users (“Reference Sites“). GL&P LG_DI do not endorse any such Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK. We encourage you to be aware of when you leave the Supports, and to read the terms and conditions and privacy policy of any third-party website or service that you visit. In addition, your correspondence or business dealings with advertisers found on or through the Supports are solely between you and such advertiser.

22. Indemnification.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, GL&P LG_DI, ITS LICENSORS, ITS PARTNERS, AND ITS AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS (INCLUDING GL&P LG_DI, COLLECTIVELY THE “Giorgio Lodigiani & Partners LODIGIANI GIORGIO D.I. PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITY, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF (A) YOUR VIOLATION OR BREACH OF ANY TERM OF THIS TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) YOUR USE OR MISUSE OF THE CONTENTS, INFORMATION, SOFTWARE AND/OR ANY OF THE SUPPORTS AND SERVICES, OR (D) YOUR CONTENT OR OTHER COMMUNICATION DISPLAYED OR TRANSMITTED BY MEANS OF THE CONTENTS, INFORMATION, SOFTWARE AND/OR ANY OF THE SUPPORTS AND SERVICES, OR (E) ANY TAXES RELATED TO YOUR PURCHASE AND/OR USE OF ANY OF THE SUPPORTS AND SERVICES (OTHER THAN TAXES BASED ON THE INCOME OF GL&P LG_DI). If you downloaded the Contents from the m15 Store, you acknowledge that, in the event of any third party claim that the Contents or Supports or your possession and use of the Contents or Supports infringes any third party’s intellectual property rights, as between GL&P LG_DI and m15, GL&P LG_DI, not m15, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. GL&P LG_DI reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify GL&P LG_DI, and you agree to cooperate with GL&P's LG_DI’s defense of these claims. You agree not to settle any matter without the prior written consent of GL&P LG_DI.

23. Assignment.
You are not allowed to assign this Terms of Use or any rights or obligations hereunder. GL&P LG_DI are allowed at theirs sole discretion to assign this Terms of Use and any rights hereunder to any third party, without giving of notice.

24. No Warranty.
The Contents and Supports are provided to you “AS IS” and “AS AVAILABLE” with no warranties. THE GL&P LG_DI PARTIES HEREBY disclaim all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT THE GL&P LG_DI PARTIES (AND IF YOU DOWNLOADED THE CONTENTS FROM THE m15 STORE, m15) WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE CONTENTS AND/OR ANY OF THE SUPPORTS. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE CONTENTS AND/OR ANY OF THE SUPPORTS IS TO IMMEDIATELY UNINSTALL THE CONTENTS AND CEASE USE OF THE CONTENTS AND ALL SUPPORTS. You further acknowledge that the GL&P LG_DI Parties (and if you downloaded the CONTENTS from the m15 Store, m15) have no obligation whatsoever to furnish any maintenance or support services with respect to the CONTENTS and/or Supports.

25. NO WARRANTIES.
THE GL&P LG_DI PARTIES DO NOT WARRANT THAT THE CONTENT DISPLAYED OR TRANSMITTED ON OR THROUGH ANY OF THE SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. THE GL&P LG_DI PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS FROM THE USE OF, THE CONTENTS OR SUPPORTS.

26. HARM TO YOUR DEVICE.
YOU UNDERSTAND AND AGREE THAT YOU TRANSMIT, DISPLAY OR RECEIVE CONTENT THROUGH THE SUPPORTS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICE AND COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT.

27. LIMITATION OF LIABILITY.
IN NO EVENT SHALL THE GL&P LG_DI PARTIES BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY LOSSES, LIABILITIES, CLAIMS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, OR ANY OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE CONTENTS AND/OR ANY OF THE SUPPORTS, THIS TERMS OF USE OR THE PERFORMANCE, SUSPENSION, TERMINATION OR BREACH HEREOF, EVEN IF GL&P LG_DI OR ANY OTHER GL&P LG_DI PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE GL&P LG_DI PARTIES SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM THIS TERMS OF USE OR USE OF THE CONTENTS OR ANY OF THE SUPPORTS. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. As some jurisdictions do not allow some of the exclusions or limitations set forth above, some of these exclusions or limitations may not apply to you. In such event the liability of the GL&P LG_DI Parties will be limited to the maximum extent possible under applicable law. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN GL&P LG_DI AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE SERVICES.

28. CLAIMS.
YOU AND GL&P LG_DI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY OF THE SUPPORTS OR CONTENTS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If you downloaded the CONTENTS from the m15 Store, you further acknowledge that m15 has no responsibility for addressing any claims relating to the CONTENTS or SUPPORTS or your possession and/or use of the CONTENTS or SUPPORTS, including, but not limited to: (i) product liability claims; (ii) any claim that the CONTENTS or SUPPORTS fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

29. European Union Supports.
GL&P L_DI make no representations that the CONTENTS are appropriate or available for use in any location outside the Euroean Union. Those who access or use the CONTENTS and/or SUPPORTS from other jurisdictions are entirely responsible for compliance with all local laws.

30. BASIS OF THE BARGAIN.
YOU ACKNOWLEDGE AND AGREE THAT GL&P LG_DI HAS OFFERED ITS CONTENTS AND SUPPORTS AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GL&P LG_DI, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND GL&P LG_DI. GL&P LG_DI WOULD NOT BE ABLE TO PROVIDE THE CONTENTS OR SUPPORTS TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

31. Feedback.
Any comments, suggestions, or feedback relating to the CONTENTS or any of the SUPPORTS (“Feedback“) submitted to GL&P LG_DI shall become the property of GL&P LG_DI. GL&P LG_DI will have exclusive ownership of all rights to the Feedback. GL&P LG_DI will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to you or any other person. GL&P LG_DI will not be required to treat any Feedback as confidential. You agree that you do not acquire any right in or to the CONTENTS or any of the SUPPORTS (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that you are responsible for whatever material is submitted by you, including its legality, reliability, appropriateness, originality, and copyright.

32. Export.
The CONTENTS and SUPPORTS may only be operated, exported or re-exported in compliance with all applicable laws and export regulations of the European Union and the country in which you obtained them. The CONTENTS and SUPPORTS are specifically subject to the U.E. & ITALY Laws & Regulations; diversion contrary to European Union and Italy law is prohibited. You may not export, directly or indirectly, the CONTENTS, SUPPORTS or technical data licensed hereunder or the direct product thereof to any country, individual or entity for which the Government of Italy, European Union or any agency thereof, at the time of export, requires an export license or other government approval, without first obtaining such license or approval.

33. U.E. Italy Government Rights.
All CONTENTS, the SUPPORTS and technical data are commercial in nature and developed solely at private expense. The CONTENTS program and documentation are deemed to be “commercial computer contents-software” and “commercial computer contents-software documentation”, respectively, pursuant to Italy, U.E. Laws and regulations, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the CONTENTS-software program and/or documentation by the U.E. Italy Government or any of its agencies shall be governed solely by the terms of this Terms of Use and shall be prohibited except to the extent expressly permitted by the terms of this Terms of Use. Any technical data provided that is not covered by the above provisions is deemed to be “technical data­commercial items” pursuant to Italy, U.E. Laws and regulations. Any use, modification, reproduction, release, performance, display or disclosure of such technical data shall be governed by the terms of Italy, U.E. Laws and regulations.

34. GENERAL.

34.1 Notices.
GL&P LG_DI may provide you with notices, including those regarding changes to terms and conditions, by email, or postings on the GL&P LG_I website. Notice will be deemed given twenty-four (24) hours after email is sent, unless GL&P LG_DI is notified that the email address is invalid. Notice posted on the GL&P LG_DI website is deemed given ten (10) days following the initial posting. GL&P LG_DI reserves the right to determine the form and means of providing notifications to our users.

34.2 Amendments.
GL&P LG_DI reserves the right to amend this Terms of Use at any time by publishing the revised Terms of Use on the GL&P LG_DI website or by otherwise providing notice of such amendment pursuant to the notice provisions above. The revised Terms of Use shall become effective following the applicable notice period, unless you expressly accept the revised Terms of Use earlier by clicking on the accept button. Your express acceptance or continued use of the CONTENTS or SUPPORTS after the applicable notice period shall constitute your acceptance to be bound by the terms and conditions of the revised Terms of Use. You can find the latest version of this Terms of Use at http://lodigiani.info/eng/legal.htm GL&P LG_DI web sites.

34.3 European Union.
By using the CONTENTS and/or any of the SUPPORTS, if you are located in the European Union, then you understand and consent to the processing of personal information in the Italy, U.E.

34.4 Ability to Contract.
You hereby affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Terms of Use, and to abide by and comply with the terms and conditions of this Terms of Use.

34.5 Entire Agreement.
This Terms of Use represents the complete agreement concerning the matters covered and, except as set forth under Amendments above, may be amended only by a writing executed by both parties. If any provision of this Terms of Use is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.

34.6 Waiver.
The failure of GL&P LG_DI to exercise or enforce any right or provision of this Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of this Terms of Use will be effective only if in writing and signed by GL&P LG_DI.

34.7 Headings.
The heading references herein are for convenience purposes only, do not constitute a part of this Terms of Use, and will not be deemed to limit or affect any of the provisions hereof.

34.8 Governing Law and Venue.
This TERMS OF USE IS governed by the laws of the Italy, U.E. as such laws are applied to agreements entered into and to be performed entirely within Italy between Italian residents, and by the laws and regulations of Italy, European Union. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Terms of Use. You agree that the SUPPORTS shall be deemed solely based in Italy, U.E. and each a passive SUPPORTS that does not give rise to personal jurisdiction over GL&P LG_DI, either specific or general, in jurisdictions other than the State of Italy, U.E.. You further agree that the state and court located in Milano, Lombardy, Italy, U.E. shall have exclusive jurisdiction and venue over all controversies and disputes in connection herewith, including but not limited to any controversies or disputes arising from or related to the CONTENTS, SUPPORTS, INFORMATIONS or this Terms of Use. You agree not to commence or prosecute any action against any GL&P LG_DI Party other than in the state of Italy, U.E. and court located in Milano, Lombardy, Italy, U.E. and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction in such state and court (Milano, Italy,U.E.).

34.9 Injunctive Relief.
You acknowledge that the obligations made hereunder to GL&P LG_DI are of a unique and irreplaceable nature, the loss of which shall irreparably harm GL&P LG_DI and which cannot be replaced by monetary damages alone so that GL&P LG_DI shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.

34.10 Third Party Beneficiaries and Agreements.
If you downloaded the CONTENTS from the m15 Store, you acknowledge and agree that m15, and m15’s subsidiaries, are third party beneficiaries of this License Agreement, and that, upon your acceptance of the terms and conditions of this License Agreement, m15 will have the right (and will be deemed to have accepted the right) to enforce this Terms of Use against you as a third party beneficiary hereof. You agree to comply with, and your license to use the CONTENTS and SUPPORTS is conditioned upon your compliance with, all applicable third-party terms of agreement, including those of any Application Store, as may be applicable, when using the CONTENTS and/or SUPPORTS.

34.11 Privacy Policy.
You can find the latest version of GL&P's LG_DI’s Privacy Policy at http://lodigiani.info/eng/legal.htm

34.12 Mobile Alerts and Optout.
GL&P LG_DI may use carrier distributed mobile short messaging system (SMS) to verify ownership of a registered mobile phone number.

Additional Information: To receive information or technical support for a campaign, reply HELP to the last message received or to T +39 0291709173, or call Skype logi-gilo. Msg&Data Rates May Apply.

Optout: To be removed from any GL&P LG_DI mobile messaging program, reply STOP to the last message received or write to email@lodigiani.info . Msg&Data Rates May Apply.

Carriers supported (mobile phone): the main ones only, as available for us, in Italy and U.E., at the date.



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