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DAJ
 License Agreement

This is a legal agreement between You and Digital Archive Japan Inc. (hereinafter referred to as DAJ). In using the images from the DAJ collection you agree to be bound by all the terms and conditions of this agreement.

If you are entering this agreement on behalf of your employer, the licence granted and restrictions and limitations shall apply to your employer and you. Should you cease working for your employer, your employer may continue to operate under this Agreement.

GRANT OF LICENSE

DAJ grants you the non-exclusive, non-transferable license to use and modify the images contained on this compact disc subject to the restrictions contained herein.

This license permits the following uses of the images in advertising and promotional materials for you or your direct clients or customers, who must be the end-user. Examples include: advertisements, articles in magazines and newspapers, reports, brochures, books, newsletters, presentations, packaging, online or multimedia projects and web designs. The image on the compact disc may not be copied in its entirely but it can be shared within a network of no more than 10 computer/workstations within the same company or similar legal entity.

LICENSE RESTRICTIONS

This licence agreement DOES NOT permit the following uses of the images.

You may not:

  • Sub-license, sell, re-sell, distribute or otherwise made available for use or distribution any portion of the images from the compact disc to another party.
  • Use or allow anyone else to use any image from the compact disc in any form of pornography, or in any other manner which is in any way embarrassing to or defamatory of any person or entity or otherwise unlawful.
  • Incorporate or use any image as a trademark or service mark in anyway.
  • Copy any image to a network, electronic bulletin board, or online in a downloadable format, or used in a Website at a resolution higher than 72dpi.
Extra License

For the following usages, it is necessary to obtain an extra license.

  • Goods for sale whose number of manufactures exceeds 100,000. (calendars, posters, books, etc.)
  • Work of computer software, game software, music, and image relation (a package design is included).
  • When using it for various terminals, such as a cellular phone soft ware etc.
  • Work of wallpaper for PC display, greeting cards, using on-line electronic distribution system.
LIMITED WARRANTY AND LIMITATION OF LIABILITY

DAJ warrants that it has the right to grant this license to you and to the best of our knowledge, the images do not infringe any rights of copyrights or other intellectual property or proprietary rights of third parties, but no right of action shall accrue against DAJ in the event of the said images being deemed or found to be defamatory, obscene or infringement of third party rights. Where appropriate, the images are model-released, but this release exclusively relates to the use permitted by this License Agreement.

DAJ also warrant that the compact disc is free from defects in materials and workmanship for ninety (90) days from the date of delivery. In the event that a compact disc is defective, DAJ's entire liability and sole remedy shall be limited to a replacement of the compact disc or a refund of the fee paid for the compact disc, at DAJ's option.

The images are provided as it is, DAJ makes no warranty of any kind on the quality of the images including as to merchantability, satisfactory quality, fitness for any particular use, compatibility with other computer products or other kind of equipment. Neither DAJ, nor its licensors will be liable for any consequential, incidental, direct, indirect or other damages arising out of the license of the image including any lost profits or any claim of a third party. If DAJ shall have any liability of any kind to you or other third party, you agree that the total liability of DAJ shall in no event exceed the license fee you paid for the compact disc.

GENERAL PROVISIONS

All rights to this compact disc and the images are owned by DAC and its licensors and are protected by international treaty provisions and other applicable laws. You must treat the images like any other copyrighted material, except to the extent that this license provides to the contrary. DAJ retains all rights not expressly granted by this license agreement.

Your right to use the images terminates automatically if you violate any part of this license. In the event of termination, you must immediately destroy all copies of the images and return the compact disc (s) to DAJ. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this agreement. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect. This agreement is governed by the laws of Japan whose courts are the courts of exclusive jurisdiction.

 



 

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