| 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 explanatory text data.
2. "Database"
Database which contains mainly movie data of animal behavior and which is owned and managed by Administrator.
3. "Registration"
To transmit Movie Data to Database and to record Movie Data on Database.
4. "Registered Movie Data"
Movie Data which Holder provides and registers on Database.
5. "Published Movie Data"
Registered 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.
6. "Browse" or "Browsing"
To connect to Database, and to search, watch or listen Registered Movie Data.
1. The copyright (or the appropriate right to use) of Registered Movie Data shall be reserved by Holder. Registered Movie Data shall include only the information about animal behavior.
2. Holder may request Administrator to correct or revise the content of Registered Movie Data as necessary.
3. Registration, or the correction or revision of content of Registered Movie Data shall be subject to approval of Administrator.
4. Registered Movie Data may be compressed, decompressed or converted into files in different formats. The newly output data shall be treated equally as the original Registered Movie Data under this Agreement.
Holder shall not do following acts and deeds:
1. To transmit or register following Movie Data which:
(i) the copyright (or the appropriate right to use) is not reserved by Holder.2. To access Database to interrupt the Database management of Administrator, or to interrupt the use of Database by any third party.
(ii) recorded with violating any laws that were applied at the area where Movie Data was collected.
(iii) prohibited from publicly-displaying, browsing or distributing, by the laws of Japan and any countries and areas where Database is accessible.
(iv) is obscene, vulgar or indecent.
(v) recorded by methods which do not satisfy the animal ethics.
(vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
(vii) infringe the rights of any third party, or inflict mental or economical damage on any third party.
3. To access Database to corrupt or to do violence to Movie Data or Database.
4. To access Database by using unfairly obtained user accounts or passwords.
5. To assign, lend or sell the user account or password of Holder to any third party.
Holder shall grant to Administrator a non-exclusive right to use Movie Data which transmitted by Holder, to the extent of following provisions:
(i) To input transmitted Movie Data to Database system, in order to construct Database service.
(ii) To transmit Registered Movie Data publicly on network including, but not limited to, WWW.
(iii) To provide Registered Movie Data except for Movies and audio data (thumbnail images of Movies, and appended explanatory text data) in response to an information search service or a digital archive database (including publicly open WWW sites), managed by a third party with the aim of promoting the use of copyrighted works.
Holder acknowledges that Administrator may grant to a third party a non-exclusive right to Browse Registered Movie Data on Database from time to time during the term hereof.
1. Holder acknowledges that Administrator may grant to a third party (including Administrator itself) a non-exclusive right to use any portion of Registered Movie Data from time to time during the term hereof to the extent of following provisions:
(i) To duplicate.2. Sublicense 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. Provisions of this Article shall be invalid or unenforceable for Published Movie Data.
In consideration of the license granted under this Agreement, Administrator shall pay no charge to Holder.
1. The copyright of Registered Movie Data shall be reserved by the original copyright holder.
2. Administrator shall reserve the copyrights of the systematization, classification, design and interface of Movie Data and Database.
1. Holder shall warrant that Holder reserves legally the copyright (or the appropriate right to use) of Registered Movie Data and reserves the right to license hereby.
2. In case the copyright of Registered Movie Data is transfered to a third party, Holder shall give prior notice to Administrator.
3. Holder shall warrant the reliability, correctness, legality and file quality of Registered Movie Data, to Administrator and Database users.
1. In case Administrator submits Registered Movie Data to a third party for Browsing on Database, Administrator shall indicate the full name of Holder.
2. In case a third party makes products by using Registered Movie Data sublicensed by Administrator, Administrator shall tell such third party to indicate the full name of Holder.
3. Administrator shall reserve the right to tell such third party to indicate the name of Database and the data number of Registered Movie Data, in addition to the full name of Holder.
Administrator shall keep securely confidential and secret professional and personal information of Holder, and shall not disclose and leak such information to any third party without a consent of Holder or a legal basis.
1. This Agreement shall become effective at the time when Holder clicks "AGREE" button.
2. Administrator shall reserve the right to terminate this Agreement at any time and from time to time without a consent of Holder.
3. If this Agreement is made and concluded for Published Movie Data, both Holder and Administrator will perpetuate this Agreement.
1. Holder shall be responsible or liable for any damage, exception or objection due to or arising out of the penalty for Registered Movie Data or Holder's use of Database, Holder's breach or default of any of the provisions of this Agreement, or Holder's violation of the rights of any third party.
2. If Holder 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 Holder for any and all reparation for such damages, and costs or expenses including attorney's fees paid by Administrator.
3. Holder shall indemnify and hold Administrator harmless against any damages or losses resulting from access to Database or Registration by Holder.
4. Holder shall indemnify and hold Administrator harmless against any damages or losses resulting from the loss or destruction of Registered Movie Data by Administrator.
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 Holder breaches or defaults the performance of any of provisions of this Agreement, Administrator shall have the right to terminate the user account of Holder and to terminate access to Database by Holder.
7. Holder shall indemnify and hold Administrator harmless against any damages or losses, in connection with foregoing two provisions.
1. Administrator shall delete or abandon Registered Movie Data and such backups from Database as soon as possible after the termination of this Agreement.
2. Sublicense of Movie Data use provided for Article six (6) which Administrator grants to Administrator itself or the third parties during the term hereof shall be effective and valid after the termination of this Agreement.
1. Both Holder 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 govern Registered Movie Data which registered on the day before the 15th of January, 2007.
Paragraph (iii) was added to Article 4 on 24th January 2022.