This is a legal agreement between you and DigArts Software. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING THIS SOFTWARE. DOWNLOADING THIS SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD OR USE THIS SOFTWARE. 1. LICENSE. This License Agreement ("License Agreement') governs the use of demonstration software provided to you by DigArts Software on this web site. The contents are referred to as the "Licensed Product"; or "Software." All rights to the Licensed Product, including but not limited to the Images ("Images") comprising the Software are proprietary; all copyrights are retained by DigArts Software. DigArts Software holds title to each copy of the Software. DigArts Software ("Licensor") grants you, the licensed end user ("Licensee") a single, non-exclusive, non-transferable license to use and modify the Software subject to the terms and conditions of this License Agreement. i.) Subject to the limitations specified in this Agreement, Licensee is permitted to use and modify the Software, or Images contained therein, to prepare derivative works in finished designs for private, non-commercial use. 2. RESTRICTIONS. You are not permitted to: i.) Use the images for commercial purposes, including commercial projects such as advertising, promotional brochures, disposable packaging, web sites, multimedia projects, client presentations, newspapers and newsletters or consumer products, whether wholesale or retail, including fabrics, greeting cards, stationary, posters, wrapping and wall paper, houseware, wearing apparel, fine art print editions, CD covers, books, games, films, videos or gift items. Licensing is available for such uses. Please call DigArts Software at (530) 343-1452 for more information. ii.) Use this Software to enter into a competing business, whether directly or indirectly, or to create like or derivative products that substitute for or compete with DigArts Software products. This restriction includes sub-licensing, re-selling or distributing this Software, the Images or any derivative works ("Templates") where purchasers can use the Images to create works or products. Contact DigArts Software for information on Special Licensing at (530) 343-1452. iii.) RENT, LEND, LEASE, TRANSFER, DISTRIBUTE, GRANT OR ASSIGN ANY RIGHTS TO THIS SOFTWARE OR ANY ACCOMPANYING FILES. iv.) Copy the Licensed Product. You are prohibited from making another copy of the Software for any reason. v.) Use the Software in a fashion that can be considered libelous, obscene, fraudulent, defamatory or pornographic. vi.) Use the Images in a logo, trademark or service mark. If you have questions regarding use of this software, please call DigArts Software at (530) 343-1452. THIS AGREEMENT SHALL AUTOMATICALLY TERMINATE IN THE EVENT OF UNAUTHORIZED TRANSFER, DISTRIBUTION OR USE OF THIS SOFTWARE. 3. LIMITATION OF LIABILITY. THE LICENSED PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH LICENSEE. IN NO EVENT WILL DIGARTS SOFTWARE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DAMAGES. 4. This Agreement shall be governed by the laws of the State of California. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. 5. U.S. Government Restricted Rights: The Licensed Product and documentation thereto, are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013. DigArts Software, 205 W. Lassen Ave, Suite 6, Chico, CA 95973. LICENSEE ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS. LICENSEE FURTHER AGREES THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEE AND LICENSOR, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

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