All Artgrafx creations whether purchased or offered as free samples are original and copyrighted by ArtGrafx and NOT in the public Domain. Licensed usage only. For detailed information, please read the License and feel free to contact us.
ArtGrafx LICENSE AGREEMENT
Faulty products will be replaced. Unless otherwise noted, all sales odigital products are final.
By using the software you signify that you have read and agree to all the terms of the license agreement.
THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU, HEREINAFTER ALSO REFERRED TO AS "USER", AND ARTGRAFX.,
HEREINAFTER ALSO REFERRED TO AS "ARTGRAFX".
BY OPENING THIS DATA PACKAGE OR USING THIS 3-D MODEL(S), MOTIONS, TEXTURE MAP(S), BUMP MAP(S) OR ANY OTHER 3D/2D RELATED PRODUCTS, HERINAFTER REFERRED AS DESIGNS, (OR AUTHORIZING ANY OTHER PERSON TO DO SO), YOU INDICATE YOUR COMPLETE AND UNCONDITIONAL ACCEPTANCE OF ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
THIS LICENSE AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN YOU AND ARTGRAFX.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, DO NOT PURCHASE.
1. DESIGN LICENSE. ARTGRAFX grants to User and User hereby accepts, subject to the limitations and obligations of this Agreement, a personal non-exclusive, non-transferable License to use the DESIGNS, together with all accompanying written materials, images, and other data files (collectively referred to as "DESIGNS").
2. TITLE AND OWNERSHIP. Notice is hereby given that the DESIGNS contains copyrighted and/or proprietary information protected by the laws of the United States.
ARTGRAFX and/or ARTGRAFX Published Artist(s) retains all rights in, title to, and ownership of the DESIGNS.
User shall take all steps reasonably necessary to protect ARTGRAFX'S ownership rights. ARTGRAFX gives no rights or warranties with regard to the use of any objects, names, trademarks, service marks, or works of authorship depicted in any DESIGNS and the User must satisfy themselves that all necessary rights or consents that may be required for the User's particular use of a DESIGN(S) are obtained from the applicable third party(ies) owning or having rights in to such objects, names, trade marks, service marks, or works of authorship.
3. LICENSE FEES. User agrees to pay ARTGRAFX OR IT'S AUTHORISED SALES OUTLETS prior to or concurrent with delivery of the DESIGN(s) the full purchase price for the DESIGN(s). Any payment not made when due shall accrue interest at the rate of one and one-half percent (1 1/2%) per month. In addition, User agrees to pay ARTGRAFX any and all applicable tax that is levied in conjunction with the purchase of this License for the DESIGN(s) whenever ARTGRAFX must collect and/or pay such taxes from or on behalf of User according to the applicable statutes and ordinances, as interpreted by the departmental authority of the taxing unit. Furthermore, User agrees to pay ARTGRAFX all costs, expenses, and attorney's fees expended in the collection of the purchase price, whether by filing a lawsuit or otherwise.
5. INFRINGEMENT WARRANTY. ArtGrafx warrants to the User that, to the best of its knowledge, the digital data comprising the DESIGN(s) do not infringe the rights, including patent, copyright and trade secret rights, of any third party, nor was the digital data unlawfully copied or misappropriated from digital data owned by any third party; provided, however, that ARTGRAFX makes no representation or warranty with respect to infringement of any third party's rights in any image, trademarks, works of authorship or object depicted by such DESIGN(s).
6. OTHER RESTRICTIONS. This Agreement is your proof of License to exercise the rights granted herein and must be retained by you. User shall not give, sell, rent, lease, sublicense, or otherwise transfer or dispose of the DESIGN(s) on a temporary or permanent basis without the prior written consent of ARTGRAFX. ARTGRAFX DESIGN(s) and/or contracts are non-transferable and shall only be used by the Licensed User. User may not reverse engineer, de-compile, disassemble, or create derivative works from the DESIGN(s). These restrictions do not pertain to rendered images or pre-rendered animations.
7. PROTECTION AND SECURITY. User agrees not to disclose, publish, release, transfer, or otherwise make available the DESIGN(s), or any portion thereof, in any form, to any person, other than User's employees, without prior written consent from ARTGRAFX. User agrees that the DESIGN(s) is the property of and proprietary to ARTGRAFX, and further agrees to protect the DESIGN(s) and all parts thereof from unauthorized disclosure and use by its agents, employees, or customers. User shall be exclusively responsible for the selection, supervision, management, control, and use of the DESIGN(s). User agrees to do all within their power to insure that their employees or any other user of the DESIGN(s), complies with the terms and conditions of this Agreement. And User agrees to do all within their power to insure that their employees or any other user of the DESIGN(s) refrains from taking any steps, such as reverse assembly or reverse compilation, to derive a equivalent of the DESIGN.
8. EXPORT RESTRICTIONS. The DESIGN(s) may be subject to the export controls of the United States Departments of State and Commerce and User agrees to fully comply with all applicable United States export regulations governing export, destination, ultimate end user, and other restrictions relating to the DESIGN(S).
9. UNITED STATES GOVERNMENT RESTRICTED RIGHTS. If you are acquiring the DESIGN(s) on behalf of any unit or agency of the United States Government, the following provision applies-- It is acknowledged that the DESIGN(s) and the documentation were developed at private expense and that no part isin the public domain and that the DESIGN(s) and documentation 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, or Subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19,as applicable. Contractor/Manufacturer is ARTGRAFX.
10. PATENT, COPYRIGHT, AND TRADE SECRET INDEMNITY. User agrees to indemnify and hold harmless ARTGRAFX against all liability resulting from or related to any claim of patent or copyright infringement, misappropriation, or misuse of trade secrets or other proprietary rights based upon the use by User of the DESIGN(s), or any portion thereof, in whatever form, or the exercise by User of any rights granted under this Agreement.
11. LIMITED WARRANTY. ARTGRAFX warrants that the DESIGN(s) will perform substantially in accordance with the accompanying written materials for a period of seven (7) days from the date of receipt. Upon the return of the defective media and a copy of the invoice, ARTGRAFX has the option to replace the media or refund the purchase price. In the event ARTGRAFX elects to refund the purchase price, User's License is revoked and User warrants and agrees to return the DESIGN(s) to ARTGRAFX and to destroy any and all copies made therefrom. In no event shall ARTGRAFX'S liability exceed the purchase price of the License of the DESIGN(s).If the media was damaged by accident, abuse, or misapplication, ARTGRAFX shall have no obligation to replace the media or refund the purchase price. All replacement media will be warranted for a like period of seven (7) days. There is no warranty after the expiration of the warranty period.
12. NO OTHER WARRANTIES. ARTGRAFX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM USAGE OF TRADE OR COURSE OF DEALING OR PERFORMANCE, WITH RESPECT TO THE DESIGN(S), AND THE ACCOMPANYING WRITTEN MATERIALS. IN NO EVENT SHALL DAZ OR ITS DEALERS, DISTRIBUTORS, OFFICERS, AGENTS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL OR EQUITABLE GROUNDS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE DESIGN(S), EVEN IF ARTGRAFX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
13. NO LIABILITY FOR HARDWARE. User assumes complete responsibility for all hardware used in conjunction with the DESIGN(s). ARTGRAFX shall not be responsible in any way for the non-performance or malfunction of any hardware used in conjunction with the DESIGN(s), nor for any damages whatsoever arising out of the use of any hardware.
14. INDEMNIFICATION. User shall defend, indemnify, and hold ARTGRAFX harmless from any actions, claims, or proceedings with respect to the DESIGN(s) or other provisions of this Agreement.
15. REMEDIES. The remedies provided herein shall not be deemed exclusive, but shall be cumulative and shall be in addition to all other remedies provided by law and equity. No delay or omission in the exercise of any remedy herein provided or otherwise available to ARTGRAFX shall impair or effect ARTGRAFX'S right to exercise the same. An extension of indulgence or forbearance (which must be in writing) shall not otherwise alter or effect ARTGRAFX'S rights or obligations nor be deemed to be a waiver thereof. The parties hereto agree that breach of any provisions of non-disclosure, secrecy, confidentiality, copying, use, protection, and security in this Agreement by User will cause immediate and irreparable damage and injury to ArtGrafx. Each of the parties confirms that damages at law may be an inadequate remedy for breach or threatened breach of any such provisions. The parties agree that in such event ArtGrafx shall be entitled by right to an Injunction restraining the User from violating any of said provisions. User hereby acknowledges that ArtGrafx has disclosed or will disclose to User valuable proprietary data set products, which are new and unique and give ArtGrafx a competitive advantage in the marketplace; that ArtGrafx intends to use such information to expand its business throughout the world; and that a violation of any of the provisions of this Agreement is material and important and ArtGrafx shall, in addition to all other rights and remedies available hereunder, at law or otherwise, be entitled to a Temporary Restraining Order and an Injunction to be issued by any court of competent jurisdiction enjoining and restraining User from committing any violation of said provisions, and User shall consent to the issuance of such Injunction. User acknowledges that the remedies provided for in this Agreement are not injurious to nor violative of any public interest or policy, and will not create a hardship greater than is necessary to protect the interest of ArtGrafx.
16. GENERAL PROVISIONS.
a. Costs and Expenses of Enforcement. In the event of the failure of either party hereto to comply with any provisions of this Agreement, the defaulting party shall pay any and all costs and expenses, including reasonable attorneys' fees arising out of or resulting from such default (including any incurred in connection with any appeal), incurred by the injured party in enforcing its rights and remedies, whether such right or remedy is pursued by filing a lawsuit or otherwise.
b. Governing Law, Jurisdiction, and Venue. This Agreement is governed by the laws of the State of Texas. Jurisdiction and venue for the enforcement of this Agreementshall be found exclusively in the courts within Wise County, State of Texas.
c. Trademark and Copyright. All artgrafx products are trademarks or registered trademarks of ARTGRAFX. All other brand and product names are trademark or registered trademark of their respective holders.