“Kikuzo II Visual” is an Internet-based news database retrieval service (the “Service”) provided by The Asahi Shimbun Company (the “Licensor”). The Service is available only to users (“Users”) who accept the terms and conditions of use set forth hereunder, and are permitted to use the Service by universities, libraries and other persons that are granted license to use the Service (“Licensee”).
1. All rights, title and interest, including without limitation, all copyrights and intellectual property rights to the Service and the database comprising the Service vest with Licensor, and copyright and other rights to news, photographs, and other data contained therein (the “Data”) vest with Licensor and/or other rightholders of Data, and that Users acquires no proprietary interest in the Service, the database comprising the Service or Data. Such rights shall at all times be possessed by the Licensor and/or other rightholders of Data mentioned in this Article, and their successors. Users may not use the Service, the database comprising the Service or the Data in any fashion that infringes the copyrights or proprietary interests therein, and may not remove or obscure any copyright notice or other notices contained in the Service, the database comprising the Service or the Data.
2. A User is permitted to use the Service solely for personal purposes such as browsing, inquiries or research. A User may also print out the retrieved results solely for the personal use stipulated above, provided that the volume of such printouts shall be reasonable and consistent with such personal use. The User must follow any and all instructions from the Licensee in relation to the access and the use of the Service.
3. In connection with the Service and the Data, a User may not be allowed to take the following actions:
(ii) Use of the Data that could infringe a third party's privacy, integrity, and / or other rights;
(iii)Use of the Service as a source of language analysis, or to run an automatic crawling of information through the Service;
(iv)Distributing mails and other forms of advertisement while extracting the contact information contained within the Data; (v) Unauthorized use of the Service, including searches which could either damage or overload Licensor’s system and equipment, and which could cause interference with the normal provision of the Service. In such a case, Licensor may proceed to suspend the use of the Service.
4. Licensor makes no representation or warranty, direct or implied, and expressly disclaims any liability with respect to any part of the content or functionality of the Service, including without limitation, the completeness, accuracy, validity, and fitness for a particular purpose. The Users acknowledge that the Data contained in the Service constitutes archives of information, in general, as they were originally published in Licensor's past publications such as newspapers and magazines, and that they are not re-edited for the purpose of the Service. Licensor shall not be held liable in any way for direct, indirect, exceptional, punitive, secondary or accidental damages incurred by Users due to the unavailability of, or a delay in the provision of, the Service, even if the Parties had been aware of the potential damage.