■ Regulation for Use of Image Archives〔revised August 2016〕

DNP Art Communications Co., Ltd. (hereinafter called "Our Company") is doing a business to loan image data,
films and prints of art works collected by art museums, other types of museums and art galleries both inside andoutside Japan. This Regulation sets forth terms and conditions for use of image archives (hereinafter called "thisRegulation") relating to our rental services of image archives and use of the image archives website: https://images.
dnpartcom.jp//.
This Regulation comprises umbrella provisions commonly applicable to services of our company and individual
terms and conditions of each service. In addition, there are guidance for use of the website, general instructions
and the Privacy Information Policy which are uploaded on the website. They constitute parts of this Regulation.
[Contents]
1.Umbrella Provisions
2.Loan Terms and Conditions
3.Website Terms and Conditions
1. Umbrella Provisions(1) Application
Umbrella provisions shall be applied to relationship between our customers and our company relating to ourservices, in addition to individual terms and conditions of each service.
When this Regulation is different in contents from explanations on services not contained in this Regulation, thisRegulation shall prevail in principle.
Individual terms and conditions, and special provisions contained in this Regulation shall be applied in the orderof (i) special provisions and (ii) individual terms and conditions. They prevail other types of provisions of thisRegulation.
(2) Definition
In this Regulation, the following terms shall mean as follows.
(i) "Our Service" shall mean the service of our company which is called "image archives." When there is achange in the name or content of the service, such change shall be included in our service, irrespective of reasonsfor change.
(ii) "Regulation" shall mean the entirety of the Regulation for Use of Image Archives, or parts of the Loan
Terms and Conditions or the Website Terms and Conditions.
(iii) "Works" shall mean art works collected by art museums, other types of museums, art galleries, universities
and individual persons both inside and outside Japan.
(iv) "Images" shall mean duplicated images of works, irrespective of whether they are tangible or not, including
digital data, films, prints and other media.
(v) "Collectors" shall mean art museums, other types of museums, art galleries, universities, individual persons
and others that provide our company with the images of the works under a loan agreement which grants ourcompany a license to use the images.
(vi) "Copyrights" shall mean the rights provided for in Article 21 through Article 28 of the Copyright Act.
(vii) "Copyrights or the like" shall mean the rights and the neighboring rights provided for in Article 18 throughArticle 28 of the Copyright Act.
(viii) "Intellectual Property Rights" shall collectively mean copyrights or the like, industrial designs, trademarks(covering both registered and/or granted rights and rights to apply for registration and/or grant), portrait rights
and rights of publicity, and other forms of intellectual property rights.
(ix) "Proprietors" shall mean the holders of intellectual property rights.
(x) "Loan Terms and Conditions" shall mean parts of the Umbrella Provisions of this Regulation and the Loan
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Terms and Conditions, so far as they relate to the rental service for images.
(xi) "Loan Agreements" shall mean individual contracts relating to rental service of our company. They shall bebased on the Loan Terms and Conditions.
(xii) "Objective Items" shall mean duplicated images made or prepared at the cost of customers, for whichcustomers are responsible. They are specified and identified in the Loan Agreements.
(xiii) "End Users" shall mean persons who display, exhibit, distribute or assign the objective items under their
responsibilities and names.
(xiv) "Website Terms and Conditions" shall mean umbrella provisions of this Regulation and provisions of theWebsite Terms and Conditions which relate to services of our company to provide customers with functions
contained in the website.
(xv) "Registered Users" shall mean individual persons or corporate persons who have registered data on thewebsite in accordance with the Website Terms and Conditions.
(3) Intellectual Property Rights
All of the Intellectual Property Rights relating to this website and our services belong to our company orproprietors who have granted relevant licenses to our company. Anyone who wants to use contents from thewebsite, a permission is necessary under individual terms and conditions or conditions which our company may
offer separately. Use of website contents beyond the scope allowed under the laws and regulations shall be deemeda violation of the intellectual property rights. Appropriate awareness is recommended.
(4) Forbidden Affairs
Our company shall not allow any conduct on the website or use of information on the website as specified below:(i) Duplication, adaptation, distribution, assignment, lease, transmission and acts to make transmittable, of
website contents including images, movies, texts and other components without permission of our company inthe prescribed manner;(ii) Fraud or coercive acts against our company, collectors, proprietors or third parties;(iii) Character assignation against our company, collectors, proprietors or third parties, or acts of defamation ordamages to credit against them;(iv) Transmission of information containing computer viruses and other harmful computer programs;(v) Acts to give excessive burdens on the network or system of this website, or other acts which may disturb theoperation of this service.
(vi) Unfair access to the network or system of this website, or any trial to unfairly access to them;(vii) Spoofing or willful use of IDs or passwords of other registered users.
(viii) Acts that violate laws and regulations or public order and morals, or conducts which may cause such acts;
and(ix) Acts and conducts which may be found inappropriate by our company.
(5) Damages
When a user engages in either of the forbidden affairs, or uses images provided from website contents or byimages obtained from this service without a prior approval of our company, such user shall be responsible for all
costs and expenses caused on the part of collectors and proprietors of such contents or images (including litigation
costs and attorney fees) and damages.
(6) Disclaimer
Our company shall not be responsible for the consequences caused by changes in contents, and interruption,suspension or termination of the provision of this service.
Even if our company is found responsible for damages for certain reasons, the amount of damages shall not
exceed the actual amount of payment to our company by our customer for the services which caused the damages.
Our company shall not be responsible for ancillary damage, indirect damage, special damage, future damage anddamage caused by lost profits.
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(7) Privacy Information of Customers
Our company shall treat customer information which is acquired for the offer of this service to our customers inaccordance with provisions of the Policy for Protection of Privacy Information.
(8) Changes of Provisions
Our company has discretion to change and alter provisions of this Regulation. Such change shall be effective when
it is available on this website. When customers use this service after availability on the website, it is presumed thatthe customers have agreed to the change of this Regulation.
(9) Applicable Law and Jurisdiction
The applicable law to this Regulation and relevant contracts between our customers and our company is Japaneselaw. Jurisdiction of disputes arising out of or relevant to this Regulation or other contracts shall be Tokyo District
Court as the exclusive court of first instance mutually agreed upon by the parties.
2. Loan Terms and Conditions(1) Application for use
When a customer wants to use an image, the customer shall be required to send our company an application form
with entries such as the user name, and purpose, duration and manner of use.
Upon receipt of the application form, our company shall issue a written estimate to inform the applicant of thefees for such use. When the written estimate is agreeable to the customer, a loan agreement shall be constituted
and our company shall loan the required image to the customer along with a loan certificate.
(2) Scope of use
The image can be used non-exclusively in Japan by the user, in compliance with the purpose, frequency, durationand manner of use described in the loan certificate. The period of use shall not exceed one year from the date of
the loan certificate.
If the user wants to continue its use after one year period, the user has to apply again. If the customer wants tochanges loan conditions, the period of use or the number of copies to be made, for example, the user shall be
required to send another application form to our company.
(3) Partial use and trimming
It is not allowed to use the image in a manner so as to harm the reputation of a work and its creator. When acustomer wants to provide changes to the loaned image including trimming or partial use, our company shallascertain in advance how the image are to be used by the customer. Upon ascertainment, the requested image
shall be on loan. When partial use is sought, the customer has to print "PARTIAL" (or 部 分) on the application
form. In that occasion, the customer has to attach a general view to the application form.
(4) Intellectual property rights
Our company does not retain the intellectual property right on each work. Unless otherwise specified in thewritten estimate or loan certificate, loan of images does not mean the license or transfer of the intellectual
property right on each work.
Unless otherwise specified in special provisions or written estimate, a customer has to obtain permission for useof a work from its proprietor at the expense and responsibility of the customer. When copyright is valid for awork in a country or region where use of its image is sought, our company shall loan the image to the customer
provided that the customer shows evidences that the copyright holder or copyright administrator to the work has
authorized use of the work by the customer.

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(5) Denial of guarantee
Our company shall guarantee that our company has a title to loan images under this Regulation. However,
our company shall NOT guarantee that use of a work causes infringement of any rights including third party’s
intellectual property rights. Likewise, our company shall not present or guarantee anything about the quality ofthe objective items.
(6) Limitation of use
It is not allowed to use the loaned image for purposes not described in the loan certificate, for purposes against
public order, and for illegal purposes. There are cases where collectors set a field of use limitation. In that case, ourcompany may not afford to loan images if intended use of them falls within the limitation of collectors.
(7) Defects in images and data
Our company shall make best efforts to verify the quality of images before their delivery to our customers. If
images received by our customers are not what they have wanted, or if images are somehow damaged or injured,
our company shall replace defective images with new ones at the expense of our company. In such case, however,a claim for replacement has to be made within one week from the day of invoice. Silence during the week shallconstitute an acceptance that the images received by the customers are satisfactory and free from any damage andinjury.
Our company shall not represent or guarantee that color tones, image quality and marginal configurations ofimages are exactly the same as those of the original works. Difference in images components, if any, shall notcause our company to be responsible for replacement or repair.
Responsibility of our company for image quality and defects shall be limited within the scope which is describedin this Regulation, irrelevant to the medium of loaned images.
(8) Notice
Objective items must include specific notices which are designated in the loan certificate, including authors/
creators, names of works, collectors and necessary credits, and a warning to prohibit duplication without
permission. Our company shall NOT be responsible for captions and narrations with regard to the work used on
the objective items.
(9) Specimen
When an image is used on the objective item, please prepare two sets of printed samples or photo pictures of theitems and send them to our company. When a commercial product is manufactured more than one time using
the image, please prepare two sets of specimen for each manufacturing step and send them to our company.
(10) Report
When a commercial product is manufactured more than one time using an image on loan, a report of use has tobe sent to our company by the fifth business day of each month covering the use in the previous month. Even if
the image on loan was not used, the customer in principle has to report of no-use by the fifth business day of themonth following the month when the image was loaned.
(11) Return of loaned media
In principle, tangible media including CD-R, positive films and mono color prints have to be returned within
three (3) months or before termination of the period for loan, whichever comes earlier. Our customers shall pickup fees and costs for the return. Image data stored or duplicated images for use other than purposes describedin the loan certificate shall be kept in strict confidence. They have to be erased or destroyed without delay upon
termination of the period for use.
When our customer cannot send back digital media such as CD-Rs or positive films and mono color prints dueto physical damage or misplacement, our customer shall compensate it with the payment of fifty thousand (50,000)
yen per image without tax.
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(12) Breach
When an image on loan is used for items which do not fall within the class of the objective items described in
the loan certificate, or when it has been used to breach this Regulation or has a likelihood of causing a breach,
our company has discretion to cancel the permission of use by our customer. In such occasion, subject to our
instructions, our customer shall be required to dispose of or delete the duplicated images prepared or made in
violation of the loan certificate. Even if any damage arises against our customer by this disposition or deletion,
our company shall NOT responsible for them. Our customer, on the other hand, shall be responsible for such
violation, and pay fees, costs and damages to our company, collectors, proprietors and third parties accordingly.
(13) Compliance
Our customers shall be in compliance with relevant laws and regulations relating to the use of works, including
the Copyright Act, the Trademark Act and the Product Liability Law. It is mutually agreed that our customers
shall be solely responsible for the quality of the objective items and the licenses under relevant intellectual
property rights and other legislations.
(14) Fees and payment conditions
Written estimates issued by our company shall be binding with regard to the fees for using images on loan andmaking a copy of data, duplications, mono color prints, or overseas purchase/delivery as well as payment therefor.
In principle, payments by our customers shall be to the bank account designated in the bill to be issued by ourcompany within thirty (30) days from the date of bill. Our customers are responsible for bank charges for their
payments. In case of payments from overseas, our overseas customers have to pay a fixed amount of five thousand(5,000) yen as the bank charge in Japan.
If no payment is made by the due date, our company shall suspend to send delivery of images until the dueamount is paid. Once payment is made, our company shall not return it for whatever reasons. Even if an image
on loan is not used, responsibility for payment for use and fees for delivery and others shall remain on the part ofour customers.
(15) Special provisions[On Images provided by the Museum of Fine Arts, Boston]In order to obtain permission, it is necessary to send a copy of the proof sheet of the objective item to the Boston
Art Museum in advance. Therefore, please send our company one copy of the proof sheet for that purpose. If the
Boston Art Museum is not agreeable to the proof sheet, our customer cannot proceed to the production of theobjective item, for which our company shall NOT be responsible.
[On Images provided by Bridgeman Images, London]
Fees for images include royalty in Japan for copyrights to the work described in the loan certificate. However, they
do not necessarily cover royalties to intellectual property rights of writings, trademarks, portraits, etc. of third
parties. It is recommended that our customers clear infringement risk of third parties’ intellectual property rights
at their own costs and responsibilities before they use the image on loan for the objective items. If necessary, it issuggested to obtain a necessary license.
Provision of changes to images on loan including image-cut, edition, fixation, over printing or combination withother images shall not be available without prior permission of the Bridgman Images.
[On Images provided by The Tokugawa Art Museum, Nagoya]
Please see the pdf file linked to the Image Archives Loan Regulations of the Tokugawa Art Museum.
[On Images provided by the Tokugawa Museum, Mito]
Please see the pdf file linked to the Image Archives Loan Regulations of the Tokugawa Museum, Mito

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[On Images provided by Seikado Art Museum]
Please see the pdf file linked to the Image Archives Loan Regulations of the Seikado Art Museum.
3. Website Terms and Conditions(1) Function of this website
When our customers agree to this Regulation, the customers can use the functions on the website free of charge.
However, the customers have to pick up expenses to procure equipment and communications lines to connect
with the website, and fees for their maintenance as well.
(i)
Registration of user account(ii)
Use of the Lightbox function(iii)
Transmission of the order form for images(iv)
Use of function to download images (only in case of registration of user account)(v)
Order of unregistered contents (using the inquiry form)(2) Registration of user accountWhen our customers agree to comply with this Regulation and provide our company with individual information
stipulated in the Privacy Information Policy in the manner prescribed by our company, our customers can request
our company to register their user accounts to receive our services.
Our company shall decide whether to register the user accounts based on our own standards. When our company
decides to register them, our company shall so inform our customers. Registration shall be completed when ourcompany informs our customers of our decision hereunder.
Our company has discretion to refuse registration of user accounts or re-registration when our customer falls
under any one of the following. In that case, our company shall not have obligations to disclose reasons forrefusal.
(i)
When registered information supplied to our company includes fraudulent, inaccurate or missing pieceof information;(ii)
When our customers are minors or persons who need legal supports, and when they have failed in
obtaining consent or approval from their legal representative or supporters;(iii)
When our company judges that our customers are anti-social forces including members of gangsters andultra-rightist groups, or they have and have had contacts or relationship with anti-social forces, thereby to help
them to survive and maintain its forces by way of supporting with funds and others;(iv)
When our company judges that our customers are persons who breached agreements with our company
in the past or persons concerned; and(v)
When our company judges that registration is inappropriate.
(3) Obligations of Registered Users
When registered users want to change items to have been entered in the user account registrations, they shallinform our company of changes without delay in the manner prescribed by our company.
Registered users shall adequately administer and keep in custody their passwords and user IDs in connection withthis service. They are not allowed to let third parties to use them, or to loan, assign, change the holder names, andtrade them.
With regard to damage and injury caused by maladministration of passwords or user IDs, mistaken handling, oruses by unauthorized users, each registered user shall be responsible for such damage and injury. Our company
shall NOT be responsible for whatever reasons.

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(4) Cancellation of User Account Registration
Our company shall have discretion to cancel user registrations without prior notice, when and if either of thefollowing takes place:(i)
When either of the provisions is breached;(ii)
When fraudulent facts are found in the registration;(iii)
When our service has not been used for more than six (6) months;(iv)
When no answer is made to our inquiries and requests for more than thirty (30) days; and(v)
When either of the reasons for refusal of the user account registration and re-registration is met.
Our company shall NOT be responsible for damage and injury caused to our customers by acts which ourcompany has conducted according to this Regulation.
When registered users want to erase or delete information entered into the user account registration, they are
required to contact our company through the inquiry form on the website.
(5) Lightbox
Our customers are able to store and manage retrieved images in each sector of projects by using the function of
the Lightbox on this website.
The Lightbox to our customers shall be erased when the duration period of the session has been terminated or
Cookie has been eliminated.
(6) Order Form for Images-Loan
Our customers who want to use our image loan service are able to offer the service using this website if they
are agreeable to this Regulation and having provided information as prescribed by our company in the mannerprescribed by our company.
Our company, based on our standard, shall decide whether to supply our loan services. Then our company shallinform our customers a written estimate of loan fees, manner of image loan and other information.
When our customers place an order to our company in the prescribed manner, the loan agreement shall be
constituted subject to the Loan Terms and Conditions and terms and conditions of our written estimates.
(7) Downloading of Images
When the Loan Agreement specifies downloading as the way to get images, our company shall inform ourcustomers of information for image-downloading.
Our customers are suggested to access the webpage for image-downloading. With their own user IDs andpasswords, our customers are suggested to download images within prescribed period of time.
Any image which is downloaded from the website can only be used within the scope of the Loan Agreement.
It is not allowed to use it for other purposes. It is not allowed to let a third party to use it through duplication,
assignment, rent or any other means beyond the scope permitted by the Loan Agreement.
After the expiration of the duration period under the Loan Agreement, our customers are required to destroy anddelete images which have been downloaded from the website.
(8) Order of unregistered contents (using the inquiry form)
Our customers may ask whether images which are not registered on the website can be on loan through theinquiry form on the website.
Upon receipt of such inquiry, our company shall answer our customers by way of e-mail, telephone and other©2016 DNP Art Communications, Co.,Ltd. All rights reserved.

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possible means.
(9) Hold, Change and Termination of Services
Our company may change contents of this service for its own reasons. Our company may stop or interrupt, or
terminate supply of this service wholly or partly.
(10) Disclaimer
Our company shall NOT be responsible for consequences which are to be caused by suspension, stop,
termination, unavailability or change of our services, removal from user registrations, erasing of the Lightbox or
disorder of equipments or consequences.
[Effective on August, 1, 2016]
With regard to details of the Privacy Information Policy, please contact to the Information Security Promotion
Office separately.

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