| Icon on Database | Name of Publication | Copyright Holder |
 | Journal of Ethology | Springer-Verlag & Japan Ethological Society |
What's 'Published Movie Data'?: It is a movie which is used as the figure of a publication such as a scientific paper. Publishers, who want to use animal behavior movies as a part of contents of their publication, can register the movies on Database to secure their accessibility for the readers. We call such a movie as a 'Published Movie Data', and discriminate it by indicating a specific icon (see below). Using of Published Movie Data must be granted the written permission from the publisher which reserves its copyright, not from MOMO. At present, Journal of Ethology (published by Springer-Verlag and Japan Ethological Society) employs this system.
Icon on Database Name of Publication Copyright Holder Journal of Ethology Springer-Verlag & Japan Ethological Society
For the purposes of this Agreement, the following terms have the following meanings:
1. "Movie Data"
Movies and audio data, thumbnail images of Movies, and appended text data.
2. "Database"
Database which contains mainly movie data of animal behavior and which is owned and managed by Administrator.
3. "Downloaded Movie Data"
Movie Data which Administrator provides User hereunder.
4. "Published Movie Data"
Downloaded Movie Data which is used as a figure of a publication which is provided for Annexed List one (1), and is considered to compose such publication.
5. "Browse" or "Browsing"
To connect to Database, and to search, watch or listen Downloaded Movie Data.
Administrator shall grant to User a non-exclusive right to access to Database and to Browse Downloaded Movie Data.
1. Administrator shall grant to User a non-exclusive right to use any portion of Downloaded Movie Data to the extent of following provisions:
(i) To duplicate.2. License of Movie Data use shall be subject to noncommercially educational or noncommercially research purpose.
(ii) To reproduce.
(iii) To distribute.
(iv) To screen.
(v) To translate.
(vi) To transmit publicly on network including, but not limited to, WWW.
3. User shall not use Downloaded Movie Data with deviating from the extent of the provisions of this Article without permission by such original copyright holder and the party who registered Downloaded Movie Data.
4. Terms and conditions of this license which not defined in the provisions of this Article shall be pursuant to the sublicense agreement which entered into between Administrator and the holder of Downloaded Movie Data.
5. For Published Movie Data, Administrator shall not grant such license of Movie Data use provided for the provisions of this Article to User.
1. Administrator shall provide Movie Data for User by the transmission through network including, but not limited to, WWW.
2. User shall be under obligation to keep and preserve Downloaded Movie Data carefully.
3. User shall delete, withdraw or abandon Downloaded Movie Data, such backups, and products made by using Downloaded Movie Data promptly when Administrator, the party who reserves the original copyright of Downloaded Movie Data, or the party who registered Downloaded Movie Data request, or when User does not need to use Downloaded Movie Data.
In consideration of the license granted under this Agreement, User shall pay no charge to Administrator. Provided that this Article may be invalid or unenforceable at the request of the party who reserves the original copyright of Downloaded Movie Data or the party who registered Downloaded Movie Data.
User shall not do following acts and deeds:
(i) To use Database or Downloaded Movie Data for commercial purposes without permission by Administrator.
(ii) To use Published Movie Data for any purposes without permission by such copyright holder.
(iii) To access Database to interrupt the Database management of Administrator, or to interrupt the use of Database by any third party.
(iv) To access Database to corrupt or to do violence to Movie Data or Database.
(v) To access Database by using unfairly obtained user accounts or passwords.
(vi) To assign, lend or sell the user account or password of User to any third party.
The copyright of Downloaded Movie Data shall be reserved by the party who reserves the original copyright of Downloaded Movie Data.
1. In case User quotes Downloaded Movie Data, User shall indicate the full name of the party who registered Downloaded Movie Data, the name of Database, and the data number of Downloaded Movie Data.
2. In case User makes products by using Downloaded Movie Data, User shall indicate the full name of the party who registered Downloaded Movie Data, the name of Database, and the data number of Downloaded Movie Data.
1. User shall acknowledge the terms and conditions hereof, and agree to be bound thereby, at the time when User connect to Database.
2. Administrator shall reserve the right at any time and from time to time to modify or revise the terms and conditions hereof without a consent of User.
1. User shall be responsible or liable for any damage, exception or objection due to or arising out of the penalty for the User's use of Database or Downloaded Movie Data, User's breach or default of any of the provisions of this Agreement, or User's violation of the rights of any third party.
2. If User breaches or defaults the performance of any of provisions of this Agreement, and such breach or default causes the damage on Administrator, Administrator shall reserve the right to claim on User for any and all reparation for such damages, and costs or expenses including attorney's fees paid by Administrator.
3. User shall indemnify and hold Administrator harmless against any damages or losses resulting from access or use of Database or Downloaded Movie Data by User.
4. Administrator shall not be responsible or liable for the reliability, correctness, legality and file quality of Downloaded Movie Data.
5. Administrator shall reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the any service or specifications of Database without prior notice.
6. If User breaches or defaults the performance of any of provisions of this Agreement, Administrator shall have the right to terminate the user account of User and to terminate access to Database by User.
7. User shall indemnify and hold Administrator harmless against any damages or losses, in connection with foregoing two provisions.
1. Both User and Administrator shall consult and find a solution sincerely for any matters which are not provided for in this Agreement, or for any problems which are caused by the discordance of construction and interpretation upon the provisions of this Agreement.
2. If this English version contradicts the Japanese version in the construction and interpretation upon the provisions of this Agreement, the Japanese version shall control.
The parties hereto agree that all the lawsuits hereunder shall be exclusively brought in the Yamanashi District Court of Japan.
This Agreement shall be governed by, and constructed and interpreted under the laws of Japan.
Publications and the copyright holders which reserve the right to register Movie Data as Published Movie Data:
Name of Publication Copyright Holder Icon on Database Journal of Ethology Springer-Verlag & Japan Ethological Society
1. This Agreement shall come into force on the 15th of January, 2007.