Arts Residency Network, Taiwan
License Agreement
If you are applying for membership of the “Arts Residency Network, Taiwan” on behalf of an organization or other legal entity, this application will be automatically deemed as a formal notification of the entity’s pledge to the Ministry of Culture that you are acting as proxy for the entity, and you have the legal authority to bind the entity to this license agreement, in which case “You” will mean the entity you represent.
BACKGROUND
The “Arts Residency Network, Taiwan” is a bilingual website established by the Ministry of Culture (hereafter, Party A). You, ________________ (hereafter, Party B), agree to assign the copyright of the work (hereafter, the Asset) uploaded to the website by this agreement to Party A. Party A (including the natural and legal persons commissioned by Party A) is entitled to edit or modify the content of the Asset (including, but not limited to texts, pictures, sound, and images) on the application system’s account and for the purpose of free public access via the Internet. The Parties hereto reach an agreement in writing.
LICENSE GRANT
1. Party B agrees to grant a free and non-exclusive license to Party A. Party B enjoys the right to assign the copyright of the Asset to a third party on condition that the new license will not delay or prevent the execution of this agreement. Party A is entitled to use the Asset quovis modo for non-commercial purpose without any restriction on geographical region, time, frequency and method.
2. Party B agrees to entitle Party A to upload the Asset to the Arts Residency Network, Taiwan for public access, including online retrieval, consultation, and printing out. Party A is entitled to change the format of the Asset, and incorporate it into databases, websites, webpages, and any other available Internet applications.
3. Party B warrants that the Asset is original without any infringement of the law and the rights of any third party. Where the Asset contains previously published material of any other party, Party B is obliged to apply for legal permission to re-use the material. Provided that any alleged infringement of the law or the rights of a bona fide third party occurred, Party B shall be held legally liable for solely fault of such alleged infringement, and Party A is entitled to unilaterally terminate Party B’s account and membership at the Arts Residency Network, Taiwan. Provided that the infringement causes any loss to Party A, Party B is bound to compensate for the damages resulting therefrom (including, but not limited to, the suit costs and the retaining fee).
4. Party A is entitled to unilaterally remove the content of the Asset involving the abovementioned infringement from the Arts Residency Network, Taiwan or prevent the public access to the content or related information upon receiving the notice from a third party (including the copyright owner, the plate rights holder, or any others). Based on the Safe Harbor Privacy Principles, Party A has no legal liability for the infringement, and Party B shall not claim compensation in whatever form from Party A for the termination of service.
5. Party B agrees that the user of the Arts Residency Network, Taiwan is entitled to use the content of the Asset under the terms of this agreement on condition that Party A clearly indicates the data source at a proper location on the Arts Residency Network, Taiwan.