Article 1. License of Use
JST grants to Applicant a license to use the licensed data described in the Application Form (hereinafter referred to as “Data”) without charge.
Use of Data by Applicant shall be regarded to commence at the time JST notifies Applicant of information necessary to download Data, including password.
Article 2. Use of Data
Applicant shall use Data only for the purpose described in the Application Form and may not use the same for any purpose other than the purpose stated therein, such as commercial use.
Applicant may not allow any person other than such users stated in the Users column of the Application Form (hereinafter referred to as “Users”) to use all or a part of Data (excluding cases where it is included in a text translated to a language other than Japanese).
Applicant may not provide, or grant sublicense to use Data, to any third party.
All rights and interests in Data shall be held by the National Institute of Information and Communications Technology (hereinafter referred to as “NICT”) and JST, and may not be assigned or transferred to Applicant or each of Users by this license of use.
JST grants to Applicant the license to use Data in accordance with the agreement separately executed between JST and NICT in which JST is granted the right to use of Data (including the right to sublicense).
Article 3. Management of Data
Applicant shall maintain any and all data including Data and copies thereof (irrespective of whether in print media or electronic media) (hereinafter collectively referred to as “Data etc.”) in a strict secure manner to prevent divulgence thereof to a third party, and shall also take necessary measures in preparation for occurrence of divulgence thereof, including encryption of Data etc. in advance.
In the event Applicant divulges Data etc. for any reason attributable to its fault, Applicant shall be responsible for such divulgence and shall immediately take necessary measures to minimize such divulgence of Data etc.
Applicant shall immediately report to JST any actual or potential divulgence of Data etc., for any reason whatsoever.
Article 4. Applicant’s Responsibility for Users’ Use of Data
Article 5. Period of License to Use Data
The period of license to use Data shall commence on the notification date stipulated in Article 1, Clause 2 and shall end on the last day of such fiscal year; provided, however, if Applicant notifies its intention to extend the period of license no later than one (1) month prior to the end of such period of license, such period of license may be extended for a period of up to one (1) year, and the same shall apply thereafter.
Article 6. Measures after Expiration or Termination of Use of Data
At the expiration of the period of license to use Data, Applicant shall promptly destroy or delete all Data in a way that makes it impossible to restore, and shall submit a written report on the destruction or deletion thereof to JST. This will also apply when the license to use of Data is terminated in accordance with Article 14.
Article 7. Ownership and Other Rights of Deliverables
Intellectual property rights of knowledge (including, but not limited to, ideas and algorithms) that Applicant newly conceives through its research and development using Data, as well as those intellectual property rights of deliverables (including, but not limited to, software and papers) developed based on such knowledge (hereinafter collectively referred to as “Applicants’ Deliverables”) shall belong to Applicant; provided, however, if Data is included in Applicants’ Deliverables, intellectual property rights of such Data portion belongs to the original owner, unless otherwise agreed or provided.
If Data are included in Applicants’ Deliverables, a license to use such Data portion, as well as its terms and conditions, shall be discussed among JST, Applicant and the original owner of Data.
Notwithstanding the previous clause, Applicant may use Applicants’ Deliverables for research purpose (including publication by papers and/or presentations at academic conferences, etc.) on the condition that when using Applicants’ Deliverables, Applicant shall clearly specify that Data were used in the creation of Applicants’ Deliverables.
Article 8. Non-warranty
JST does not, either explicitly or implicitly, make any representation or warranty that Data are suitable for any particular use.
JST provides Data only on an “as-is” basis, and does not make any warranty as to its quality, performance, non-defectiveness or non-infringement of any third party rights.
Article 9. Prohibited Matters
Applicant may not conduct any act that falls under or is likely to fall under any of the following:
any use of Data for any purposes, in any methods or modes, out of the scope granted by JST herein;
to reproduce all or a part of Data without due cause;
to transfer or lend, or allow use of, Data to a third party other than Applicant;
any use of Data that infringes intellectual property rights, privacy or any other rights of JST or a third party;
any act in violation of any laws, government decrees, regulations, ordinances, or any other rules established by the government or JST;
any act against public policy and moral;
any act that is likely to compromise JST’s provision of Data or other operation of business;
any act of abuse, defamation or exclusionary practices towards JST or any third party; or
in addition to any of the above, any act regarding the use of Data that JST determines as inappropriate in terms of general social norms.
Article 10. Disclaimer
Applicant shall use Data at its own responsibility. In the event Applicant incurs any disadvantage or damage resulting from or relating to the use of Data, JST shall assume no responsibility unless JST’s intentional act or gross negligence is involved.
If any dispute arises with a third party relating to the use of Data, Applicant shall resolve such dispute at its own cost and responsibility. JST shall bear no responsibility or make no involvement unless such dispute arises by the intention or gross negligence of JST.
Article 11. Compensation of Damages
In the event Applicant causes any damage to JST relating to the use of Data, JST has a right to claim damages to Applicant.
Article 12. Changes to the Application
If Applicant wishes to add or change Users listed in the Application Form, Applicant shall notify JST of such addition or change in writing.
Except for the matter provided for in the previous clause, Applicant shall promptly notify JST of any changes in any item of the Application Form.
If Applicant wishes to change the purpose of use described in the Application Form, Applicant shall submit a new Application Form to JST and obtain another license for such use.
Article 13. Termination of Use of Data
Even during the period of license stipulated in Article 6 hereof, Applicant may terminate the license to use of Data by taking a procedure established by JST notifying such its intention to terminate by email or postal mail.
Applicant agrees that, if one of the following events occur, JST may, at its discretion and at any time, suspend or terminate the Applicant’s use of Data, without giving any advance notice to Applicant or taking any other act and take any measures required for such suspension or termination.
in addition to what is provided in the preceding item, if any event occurs to Applicant which is considered inappropriate or difficult to continue Applicant’s use of Data.
JST shall assume no responsibility whatsoever for any damage, loss, obstruction, costs or expenses arising to Applicant due to, or in relation with, suspension or termination of the use of Data in accordance with the previous clause.
Article 15. Governing Law and Jurisdiction
Article 16. Priority