Thank You After accepting the Digital Art Standards Licensing Agreement, you can now download sample images in PDF, EPS or CDR (Zip Archive) formats. Please read the Licensing Agreement below and click on the Accept Licensing Agreement button to proceed to the Sample Downloads Page.
BY DOWNLOADING THE SAMPLE IMAGES ON THE WWW.SMARTDESIGNS.COM WEB SITE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT DO NOT DOWNLOAD THE SAMPLE IMAGES. LICENSE GRANT. Digital Art Solutions, Inc. grants to you a non-exclusive license to use sample images from the www.smartdesigns website and accompanying documentation in the manner described below under "Scope of Grant." Your Downloading of sample images entitles you to use the contents of the sample image files ("the Software") only as set forth in this license agreement.
YOU MAY: Use the Software, provided you or your company has lawfully downloaded the software; Use the Software on any single or multiple computers; Transfer files from the Software to a service bureau or supplier for the express purposes of outputting or printing designs created by a licensed user of the Software.
YOU MAY NOT: Give away this product as an inducement for promotion purposes, goodwill purposes or any other purposes; Modify, translate, reverse engineer, decompile, disassemble (except and solely to the extent an applicable statute expressly and specifically prohibits such restrictions), or create derivative works based on the Software;
Use any of the contents of the Software or files contained here-in for resale or redistribution as a digital image collection or clip art collection without the express written permission of Digital Art Solutions, Inc.;
Rent, lease, grant a security interest in, or otherwise transfer rights to the software;
Remove any proprietary notices or labels on the software;
With the exception of transferring files to a service bureau or supplier for the express purposes of outputting or printing designs created by a licensed user of the software, you may not transfer electronically this product or the files it contains, including but not limited to e-mail or posting on any computer bulletin board or network to anyone that is not licensed to use the software;
Post copies of the files contained in this product on any Internet location, including computer bulletin boards and web sites, without the express written permission of Digital Art Solutions, Inc.;
Duplicate the sample images onto any removable storage media or distribute copies of the sample images on any form of removable storage media including a CD-ROM to anyone.
TITLE: Title, ownership rights and intellectual property rights in the Software and Documentation shall remain in Digital Art Solutions, Inc. and/or its suppliers. The Software and Documentation is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and is protected by applicable law. The license granted under this Agreement gives you no rights to such content. Digital Art Solutions, Inc., its parent, or affiliated companies, assume no responsibility with respect to the lawful or unlawful use of the Software. In addition, Digital Art Solutions, Inc. neither, endorses any of the companies, organizations, services or products referenced herein, nor are they endorsed by or affiliated with any of these companies or organizations.
TERMINATION: The license granted hereunder to use the Software will terminate automatically if you fail to comply with the limitations described herein. Upon termination of the license to use the Software, you must destroy all copies of the Software and Documentation. The digital files and images in all sample image downloads or software are the property of Digital Art Solutions, Inc.
TRADEMARK AND COPYRIGHT RIGHTS WARNING: Downloaded sample images contains files of various corporate and product logos. These logos in many cases are the copyright or trademark of other persons or entities. Downloading sample images does NOT give you authorization or permission to use the copyrighted or trademarked logos without the specific consent of the copyright or trademark holder. Before you use, reproduce or distribute in any manner a logo or file contained in the sample images, you MUST first receive the express permission of the holder of the copyright or trademark of that logo. Failure to first obtain such permission is a violation under United States and international law of the rights of the copyright or trademark holder and also is a violation of your licensing agreement with Digital Art Solutions, Inc. Digital Art Solutions, Inc. will vigorously enforce the terms of this licensing agreement, including offering assistance to any copyright or trademark holder. Downloading of sample images, Software and Documentation is not an authorization for the use of any specific logo or protected color and/or color scheme or combination included in this collection. Any and all copyright and disclaimer notices contained on the individual CD packaging and discs are hereby incorporated by reference and are a part of this agreement. If you have received the express permission of the copyright or trademark holder of a file contained in the downloaded sample images, this License Agreement authorizes you to use the logo only consistent with the terms of the express permission of the copyright or trademark holder. The downloading party agrees to hold harmless and indemnify Digital Art Solutions, Inc. for any liability incurred as a result of the user's unauthorized use of any materials contained in downloaded images, including but not limited to use of logos in violation of any right of the copyright or trademark holder of such logos.
EXPORT CONTROLS: None of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Libya, Sudan, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By opening or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
LIMITATION OF LIABILITY: Under no circumstances and under no legal theory, tort, contract or otherwise, shall Digital Art Solutions, Inc. or its suppliers or resellers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction or any and all other commercial damages or losses. In no event will licensor be liable for any damages in excess of the amount licensor received from you for a license to the software, even if licensor shall have been informed of the possibility of such damages or for any claim by any third party. This limitation of liability shall not apply to liability for death or personal injury resulting from licensor's negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to you. Digital Art Solutions, Inc. reserves the right to substitute any of the files or images contained in this collection at any time, without prior notice.
MISCELLANEOUS: This Agreement represents the complete agreement concerning the license granted hereunder and may be amended only by a writing executed by both parties.
THE ACCEPTANCE OF ANY DOWNLOADS MADE BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Arizona law, excluding conflict of law provisions (except to the extent applicable law, if any, provides otherwise). The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Copyright © 2005, Digital Art Solutions, Inc.™ • 2090 E. University Dr • Tempe , AZ 85281 , Telephone (480) 968-7121.