Article 1 [Applicability of and Amendment to Terms]
Article 2 [Form of Contract]
The contract for the Service shall have any of the three (3) forms of use set forth in the following paragraphs:
- For libraries and educational institutions, there are the following two (2) forms of contract: the "IP Address Control Type" by which the Service can be simultaneously used up to a stipulated number of accesses through the IP address of the Contract Party's server; and the "Specified Terminal Type" under which usage fees are set by a stipulated number of terminals and the Service can be used on the specified terminals.
- For business corporations, the form of contract is the "Access Control Type" under which Users can log into the Service through the IP address of the Contract Party's server, and use the user ID and password issued by G-Search to Users through the sales agency.
Article 3 [Copyright and Other Rights]
The copyright to the Service and the database comprising the Service shall vest in Mainichi and G-Sesearch. The copyright and other rights to data, such as articles, contained in the Service and the database shall vest in Mainichi and/or each author of the relevant article or image.
Article 4 [Period of Use]
- The contract period shall be one (1) year commencing from April of a year and ending on the last day of March of the following year, and automatically be renewed by one (1) year each time, unless either party notifies the other party that it desires to terminate the contract.
- For the first year, the contract period shall be a period commencing from the contract month and ending on the last day of the following March.
Article 5 [Usage Fees]
- Usage fees shall be separately stipulated.
- Mainichi and G-Search may revise usage fees by giving Contract Parties prior notice.
- For a period less than one (1) month also, a usage fee for one (1) full month shall be applied.
- Each Contract Party may select either monthly payments or a lump sum payment for one (1) year.
Article 6 [Approval of Use]
Mainichi and G-Search may refuse an application for use, or may withdraw their approval after having given the same, if the applicant comes under any of the following paragraphs:
- it is found that the applicant has made a false statement, material written error or omission in the application; or
- it is found that the applicant has failed to pay its usage fee.
Article 7 [Obligations of Contract Party]
- Each Contract Party shall manage its user ID and password in an appropriate manner.
- A user ID and password issued by G-Search and communicated by the sales agency to a Contract Party may be used only by that Contract Party. Such user ID may not be transferred, lent or revealed to any third party.
- If a Contract Party discovers that its user ID or password has been used by an unauthorized third party, the Contract Party shall immediately inform the sales agency to that effect.
- In the case of a change in its institution name, address or other items registered by a Contract Party, the Contract Party shall promptly inform the sales agency and go through the prescribed procedures.
Article 8 [Use of Service at Library]
For use of the Service at a library, the use permitted to a User shall be stipulated as follows:
- A User may print out at a certified terminal at one time:
(1) headline search results: up to 1,000; and
(2) articles data: up to 50.
- Notwithstanding the foregoing, a User may not print out more than one (1) copy of one piece of data or make a reproduction of data already printed out.
- A User may print out data provided through the Service no more than two (2) times per day.
- If the library has its own rules concerning use of the Service, the smaller numerical figures shall take precedence over other stipulations.
Article 9 [Prohibited Activities of Contract Party and Users]
- A User may use the Service only for his/her personal purposes.
- A User may print out data on articles, but may not provide any third party with printouts of such data or copies thereof.
- A Contract Party and/or User may not reproduce data on articles in any type of media, including electronic media, nor transmit data on articles by e-mail or other means.
- A Contract Party and/or User may not sell, lend, publish or distribute data on articles or reproductions thereof to any third party, without written consent of Mainichi and G-Search.
- A Contract Party and/or User may not perform an act that troubles, slanders, libels or puts at a disadvantage Mainichi, G-Search, the sales agency or any third party, or interferes with its business, or may hamper operations of the Service.
- A Contract Party and/or User may not perform an act that violates copyrights or any other right of Mainichi, G-Search, the sales agency or any third party.
- A Contract Party and/or User may not use the Service as a source of Japanese language analysis, nor run an automatic crawling of information through the Service.
Article 10 [Termination of Contract]
- When a Contract Party desires to terminate the contract, the Contract Party shall notify the sales agency pursuant to the prescribed procedures, no later than one (1) month prior to the expiration of the contract. In such a case, its user ID and password shall lose effect on the date determined by the sales agency.
- Usage fees and the like already paid by the Contract Party that desires to terminate the contract shall not be refunded under any circumstances.
- If requested by Mainichi and G-Search, the Contract Party shall dispose of data obtained by a User through using the Service in an unauthorized way and reproductions thereof, as designated by Mainichi and G-Search. This provision shall not prevent Mainichi and G-Search from claiming compensation for damage.
Article 11 [Provision of Service]
- Mainichi and G-Search may make an alteration and/or an addition to, contents of the Service, without giving Contract Parties prior notice.
- Mainichi and G-Search may suspend the Service for a certain period of time for the purpose of maintaining equipment or due to an unforeseen event, without giving Contract Parties prior notice.
Article 12 [Exemption Clause]
- Mainichi, G-Search and the sales agency assume no responsibility for any and all damage resulting from any Contract Party and/or User using the Service, or arising from suspension of the Service, termination of the contract and the like.
- Mainichi, G-Search and the sales agency do not guarantee whatsoever that equipment and software used by a Contract Party will work properly.
Article 13 [Governing Law, Court of Jurisdiction]
Article 14 [Discussion]
Instituted on March 1, 2011
Revised on September 1, 2011
The Mainichi Newspapers
No alteration or reproduction without permission.