Terms & Conditions

Commercial Use Print Forms License

DigArts strives to create affordable, high quality imaging tools for hobbyists and professionals alike. Our products include a Royalty Free license that includes computer games, CD and book covers, limited edition fine art prints and video and film production. Please feel free to contact us if you have questions regarding use of our products or see the or see the Electronic Arts License (EA-PRO) and for terms & conditions).

Commercial Use Print Forms License Agreement

This is a legal agreement between you and DigArts Software. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SOFTWARE. USING THIS SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THIS SOFTWARE. RETURN THE PRODUCT UNOPENED WITHIN 10 DAYS FOR A REFUND. 1. LICENSE. This License Agreement ("License Agreement") governs the use of the contents of the product(s) provided to you by DigArts Software. 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; DigArts Software retains all copyrights. 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 personal use or use in commercial projects such as advertising, promotional brochures, disposable packaging, newspapers and newsletters, web sites (but not templates), multimedia projects, client presentations and fine art print editions numbering twenty or less. Book and CD covers, video games and video or film productions are also permitted provided the book or CD publisher, game developer or film/video production company is designated as the licensee prior to use of the Images. 2. RESTRICTIONS. You are not permitted to: i.) Use the Images in a commercial product when the main character or principal value of the finished design is the Images themselves. Rights Managed licensing is available for these uses. Please contact DigArts Software for information. ii.) Use the Images in consumer merchandise not otherwise permitted in Section 1:i, whether for wholesale or retail, except where use of the Images is incidental to the character or value of the finished design. Consumer merchandise includes, but is not limited to, fabrics, greeting cards, stationary, posters, wrapping and wallpaper, house wares, wearing apparel or gift items. In no event may the Images comprise an aggregate area greater than ten percent (10%) of the finished design. Rights Managed licensing is available for these uses. Please contact DigArts Software for information. iii.) 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, including templates, where purchasers can use the Images to create works or products. Contact DigArts Software for information on Special Licensing. iv.) Reverse engineer, decompile, or disassemble any part of the Software or accompanying materials subject to applicable law. v.) RENT, LEND, LEASE, TRANSFER, DISTRIBUTE, GRANT OR ASSIGN ANY RIGHTS TO THIS SOFTWARE, THE CD-ROM, OR ANY ACCOMPANYING FILES. vi.) Copy the Licensed Product except for the sole purpose of making an archival backup. All copyright and other notices must be reproduced and included with the backup copy. You are prohibited from making another copy of the Software for any reason. vii.) Use the Software in a fashion that can be considered libelous, obscene, fraudulent, defamatory or pornographic. viii.) Use the Images in a logo, trademark or service mark. If you have questions regarding use of this software 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.