REGISTER

Established March 23, 12
Partially revised on April 29, 4
Partially revised on January 5, 1

(Effect)

Article XNUMX

• Article XNUMX These rules prescribe necessary matters concerning the use of shared facilities managed by the Institute for Engineering Science, Graduate School of Engineering, The University of Tokyo.

(Scope of common facilities)

Article 2

• Article XNUMX The following facilities shall be shared facilities.
  • (1)Shared facilities managed by Advanced Nano Measurement Center
  • (2)Equipment approved by the chairman of the shared equipment management committee of the Advanced Nano-Measurement Center (hereafter referred to as the chairman)

(Scope of users)

Article 3

• Persons who can use the shared facilities in Article XNUMX (hereinafter referred to as facilities) shall be those listed in the following items.
  • (1)Persons who are faculty members, researchers, or students of the University of Tokyo (hereafter referred to as the University)
  • (2)Persons belonging to universities, research institutes, and companies other than the University (hereafter referred to as external users)
  • (3)Persons specifically recognized by the chairperson

(Application for use)

Article 4

• Those who fall under Article 3 and wish to use the facilities must submit a prescribed application form.

(Usage permission)

Article 5

• Users shall meet the following requirements.
  • (1)Those who wish to use facilities for a fee
  • (2)Use for the purpose of developing science, technology or industrial technology
  • (3)Use shall not be for profit
  • (4)There is no risk that the use will seriously hinder the execution of research work at the University.
  • (5)The user or the institution to which the user belongs has the ability to bear the usage fee, etc. separately determined.
  • (6)The user or the institution to which the user belongs has the ability to compensate for the damage specified in Article 16.

(Cancellation of Usage Permission)

Article 6

• The chairperson may revoke the user's permission to use the service if any of the following items apply.
  • (1)In the event of administrative reasons
  • (2)If the matters stated in the application form are contrary to the facts c
  • (3)If you do not follow the instructions of the person in charge of the facility

(usage fee)

Article 7

• The use of the equipment will be charged, and usage fees will be collected according to the usage time, research cooperation type, etc.Usage fees are specified in the attached sheet.
  • (1)In principle, charges are billed every month (deadline is the month in which use of the device ends, and billing is done the following month).
  • (2)If the fee is not paid by the due date, a delinquent charge calculated at a rate of 5% per year will be charged to the unpaid amount according to the number of days from the day after the due date until the payment date.

(Refund of usage fee)

Article 8

• We do not refund the paid usage fee.However, if the expected measurement data cannot be obtained due to equipment failure that is not the responsibility of the user, or if the measurement data becomes unusable due to unavoidable circumstances such as natural disasters, part or all of the usage fee refund.

(Report after use)

Article 9

• The user must submit a result report or a usage report (hereinafter collectively referred to as the result report, etc.) within the prescribed period after the end of the use of the equipment, etc.

(Publication of results reports, etc.)

Article 10

• As a general rule, results reports, etc. will be made public, but if there is a risk of harming the interests of users, some or all of the results may be withheld.

(Acknowledgments)

Article 11

• If the user publishes the results in a paper, etc., the user must state that the facility was used.

(Handling of Intellectual Property Rights)

Article 12

• If an External User obtains an Invention, etc. through the use of the Equipment, he or she must notify the University.

(Handling confidentiality)

Article 13

• If it is necessary to disclose a secret in connection with the use of the equipment, the handling shall be discussed in advance.

(Safety management)

Article 14

• Equipment users must comply with the established safety management rules.

(Exemption from Accident Compensation, etc.)

Article 15

• The University does not compensate for injuries, etc. caused by accidents caused intentionally or negligently by external users.

(Indemnification Obligation)

Article 16

• If the user intentionally or negligently causes damage to the university, such as damage to facilities, the user and the institution to which the user belongs shall jointly and severally compensate.

(Supplement)

Article 17

• In addition to what is stipulated in these regulations, the chairperson shall determine necessary matters regarding the use of facilities.

Article 18

• Regarding the use of facilities based on the ARIM project, in addition to these regulations, the material advanced research infrastructure facility and equipment usage agreement (measurement) shall be applied.

Supplementary provisions
This regulation shall be enforced from January 5, 1 and shall be applied from April 23, 5.

National University Corporation The University of Tokyo
January 5, 1rd year of Reiwa

(Scope of application)

Article XNUMX

• These terms and conditions apply to the facilities and equipment owned by the University of Tokyo (hereinafter referred to as the “University”) and registered with the Ministry of Education, Culture, Sports, Science and Technology’s Materials Advanced Research Infrastructure (hereinafter referred to as the “ARIM Project”) (hereinafter referred to as the “ARIM Common Equipment, etc.") is shared by researchers, etc. (whether inside or outside the user's university) who conduct research and development related to science and technology, and are provided to ARIM project users (hereinafter referred to as "users"). apply.
  Users of ARIM shared facilities, etc., are obliged to comply with this agreement when using ARIM shared facilities, etc., and are deemed to have agreed to this agreement.

(definition)

Article XNUMX

• In this agreement, "use" means that the user is responsible for the maintenance and management of the ARIM shared equipment during use, acquisition of experimental data, processing of experimental samples, etc. It refers to the paid use of the ARIM common facilities, etc.
• 2In this agreement, "confidential information" means information other than technical information disclosed by the other party to the Institute for Engineering Science or the user, or technical information pertaining to one's own business or operation, etc. Documents or electromagnetic records (including duplicates) marked as confidential, and information disclosed orally, which is clearly marked as confidential at the time of disclosure, shall be disclosed in writing within XNUMX days after disclosure. This is a general term for the information for which the disclosing party has specified the content of disclosure and notified that it is confidential.However, information that falls under each of the following items shall not be included in confidential information.
  • (1)Information that was already known to the public at the time it was obtained from the other party, or information that became publicly known after being obtained from the other party for reasons not attributable to one's own fault.
  • (2)Information that is legitimately obtained from a third party without obligation of confidentiality
  • (3)Information that can be proved in writing that it was already possessed at the time of obtaining confidential information from the other party
  • (4)Documents that can prove in writing that they were created independently without relying on confidential information disclosed by the other party
  • (5)Information required to be disclosed by law or court order
• 3In this agreement, "intellectual property rights" means those listed in the following items.
  • (1)Patent rights, utility model rights, design rights, circuit layout utilization rights stipulated in the Law Concerning Layout Design of Semiconductor Integrated Circuits (Law No. XNUMX of XNUMX), breeding stipulated in the Seed Law (Law No. XNUMX of XNUMX) Rights of Ownership and Rights Equivalent to These Rights in Foreign Countries
  • (2)Right to receive a patent, right to receive a utility model registration, right to receive a design registration, right to receive a registration of establishment of a layout design right, status to receive a variety registration, and rights equivalent to these rights in foreign countries
  • (3)Copyrights of program works and database works stipulated in the Copyright Law (Law No. XNUMX of XNUMX) and rights equivalent to these rights in foreign countries
  • (4)Of the technical information (including experimental data, samples and drawings, etc.) that are not subject to the rights listed in the preceding three items, those that can be kept confidential and that have property value (hereinafter referred to as "know-how") that is specifically designated by the University and the user upon agreement.

(ARIM common facilities, etc.)

Article XNUMX

• ARIM shared facilities, etc. refer to the facilities and facilities registered by the university as part of the ARIM project.

(Application for use)

Article XNUMX

• Users who wish to use the ARIM shared facilities should apply from the University of Tokyo Materials Advanced Research Center Data Hub Site website, specifying the following items, and applying to the address below.
  • (1)Consent to Observance Matters for Use
  • (2)User's name, affiliation, contact information, etc.
  • (3)Outline of research project
  • (4)The name, etc. of the ARIM shared facilities, etc. that you wish to use, or the purpose of using the ARIM shared facilities, etc.
  • (5)Other required terms and conditions

(Acceptance of use)

Article XNUMX

• In line with the purpose of the ARIM project, the university will consider the following requirements before deciding whether to use it.
  • (1)Those who wish to use the ARIM shared facilities, etc. specified in Article XNUMX
  • (2)The use must have a public nature such as promotion of science and technology and contribution to society and the economy.
  • (3)There is no risk that the use will seriously hinder the execution of research work at the university.
  • (4)Agree to the terms and conditions and special agreements specific to the ARIM common facilities, etc., if indicated by the university.
  • (5)There is no risk that the user will violate the compliance items stipulated in Article XNUMX.
  • (6)The user or his/her affiliated institution has the ability to pay the usage fee specified in Article XNUMX.
  • (7)The user or the institution to which the user belongs has the ability to compensate for the damage specified in Article XNUMX.
  • (8)Items that include research and development elements and are difficult to handle with other private analysis, processing, synthesis services, etc.
  • (9)Those that require the research, technology, know-how, etc. possessed by the university
  • (10)Those whose necessity and importance are recognized from the viewpoint of promotion of important technology areas and data creation
  • (11)Projects for which the unique research facilities and data possessed by the university are considered effective
  • (12)Projects that are expected to have development potential and future potential, such as discovering new research themes, joint research in the future, and development potential for commercialization, etc.
• 2The University may not accept the use of the ARIM shared facilities, etc., especially if any of the requirements set forth in items XNUMX through XNUMX of the preceding paragraph are not met.

(Cancellation and Suspension of Use)

Article XNUMX

• In the event that any of the requirements set forth in each item of Paragraph XNUMX of the preceding Article are not met, the University may cancel the acceptance of the use of the preceding Article or order the suspension of use.
• 2Notwithstanding the provisions of the preceding paragraph, the University may order the User to stop using the Service if the University deems it necessary for management purposes.

(Compliance)

Article XNUMX

• Users must comply with the following matters.
  • (1)Obligations of users stated in the contract
  • (2)Instructions of the university and matters to be observed when using ARIM common facilities, etc.
  • (3)Do not engage in actions that cause danger
  • (4)Do not perform any act that violates the laws and regulations of Japan
  • (5)Do not engage in any act that may damage the ARIM shared facilities, etc.
  • (6)Do not engage in any act that interferes with the performance of the University's duties.
  • (7)At the end of use, restore the ARIM shared facilities to the state before the start of use.
  • (8)Other matters determined by the university for use

(Service provision, technical assistance and technical agency)

Article XNUMX

• Upon consultation with the university, users may receive services from university staff, etc. regarding the operation and operation of ARIM shared facilities.
• 2Upon consultation with the university, users may receive technical assistance from university staff, etc. regarding the operation of the ARIM shared equipment, operating methods, methods of preparing experimental samples, methods of analyzing experimental data, etc. .
• 3Users may, at the University's discretion, receive technical assistance from University staff regarding observation, analysis, analysis, processing, sample preparation, etc.

(Payment of usage fee)

Article XNUMX

• The user shall pay by the due date specified by the university based on the invoice issued by the university.The usage fee will be the amount determined by the university in accordance with the purpose and purpose of the ARIM project, as part of the expenses necessary for the maintenance of this project and the operation of the research infrastructure.

(Refund of usage fee)

Article XNUMX

• The University will not return the usage fee paid by the user.However, if it falls under any of the following items, we will respond to consultation regarding the return of all or part of them.
  • (1)When the University orders suspension of use pursuant to the provisions of Article XNUMX, Paragraph XNUMX
  • (2)When it becomes impossible to use due to unavoidable circumstances such as failure of ARIM shared equipment etc. which is not the responsibility of the user or unavoidable circumstances such as natural disasters

(Report of use)

Article XNUMX

• After using the ARIM shared facilities, users are requested to submit a usage report by the deadline indicated at the time of application for usage.Submitted reports will be made public according to the method determined by the university in accordance with the purpose and gist of the ARIM project.In addition, if the report is not submitted, the use of shared facilities based on the ARIM project will not be considered.

(Handling of information)

Article XNUMX

• Users are responsible for the management, storage, deletion, etc. of information obtained as a result of use.
• 2The University and the user mutually confirm that the disclosure of Confidential Information under this agreement does not involve the transfer of the intellectual property rights of the disclosing party or the granting of licenses to the recipient.
• 3When registering all or part of the information obtained as a result of use and related information owned by the user to the data registration service managed and operated by the university, the materials advanced research infrastructure will be provided separately. You must agree to the Data Registration Agreement.
• 4In the event that the User violates the compliance requirements stipulated in Article XNUMX, or if the University has reasonable grounds to believe that such violation has occurred, or if the User uses Confidential Information for purposes other than those specified in Article XNUMX, In the event that Paragraph XNUMX applies, or if the University recognizes that there is a special need for the management and operation of ARIM shared equipment, etc., regardless of the provisions of Paragraphs XNUMX, XNUMX and XNUMX, the User shall: All necessary information must be disclosed to the University at the request of the University.
• 5Recipients of Confidential Information may not disclose or provide Confidential Information to third parties.However, this does not apply if prior written consent is obtained from the disclosing party.
• 6Recipient may not use or exploit the Confidential Information for any purpose other than the purpose for which it was used.In addition, the Confidential Information may not be reproduced in whole or in part for any purpose other than the purpose of disclosure.The purpose of use is not to create an intellectual property right by using the confidential information of the disclosing party.
• 7Notwithstanding paragraph XNUMX, if the recipient is ordered by a court or administrative agency to disclose information based on laws and ordinances, the recipient shall notify the court or administrative agency of the confidential information on the condition that the following measures are taken. information can be disclosed.
  • (1)Notifying the disclosing party of the content to be disclosed in advance
  • (2)Disclose only the parts legally ordered to be disclosed
  • (3)At the time of disclosure, clarify in writing that the confidential information is confidential
• 8The Recipient shall disclose the Confidential Information only to each officer or employee who needs to know the Confidential Information for the purpose of the performance of the University's business or the purpose of this use based on this agreement, and the information is confidential It shall be clearly stated that it is a matter that should be retained.
• 9The Recipient shall assume all responsibility for the officers and employees pertaining to the disclosure of the preceding paragraph who bear the same obligations as the Recipient himself under this Agreement.
• 10Neither the University nor the user shall bear any liability, including liability for non-conformity to the contract, even if there is a defect in the confidential information, and shall not make any express or implied guarantees regarding them.

(Handling of Intellectual Property Rights)

Article XNUMX

• Intellectual property rights newly obtained by the user through use without using the University's confidential information shall belong to the user.

(Exemption from Accident Compensation, etc.)

Article XNUMX

• The University will not compensate for injuries, etc. caused by accidents caused intentionally or negligently by users.
• 2The University is not responsible for compensating users for damages caused by failures of facilities, etc.
• 3The University shall not be held responsible for compensating for any damages incurred by the user if the suspension of use is ordered pursuant to the provisions of Article XNUMX, Paragraph XNUMX.
• 4The University shall not be liable for any damage or loss of materials brought in by the user, except in cases of willful misconduct or gross negligence on the part of the University.
• 5In the event that a dispute arises between a user and a third party due to the use of ARIM shared facilities, etc., the user shall resolve the dispute at their own responsibility and expense, and the university shall not be held responsible for any such dispute.

(Indemnification Obligation)

Article XNUMX

• In the event that the user intentionally or negligently acts in violation of Article XNUMX and causes damage to the university, such as damage to the ARIM common facilities, the user and the affiliated institution shall jointly and severally compensate the user. increase.

(Term of Validity of Terms and Measures after Termination of Use)

Article XNUMX

• The term of validity of this agreement shall be from the date of acceptance of use in Article XNUMX until the date on which the period of use ends or the date on which the usage report is submitted in Article XNUMX, whichever is later (hereinafter referred to as the "end date of use"). .)will do.However, the provisions of Article XNUMX, paragraphs XNUMX to XNUMX shall be valid for five years after the date of termination of use, and this period may be extended after consultation as necessary.In addition, Article XNUMX and Article XNUMX shall be valid even after the usage end date.

(Changes to Terms, etc.)

Article XNUMX

• If the University deems it necessary, it may change, suspend, or cancel part or all of this agreement and the contents of the use of ARIM shared facilities, etc. without prior notice to the user. I accept this.
• 2In the event that the University changes, suspends, suspends, or suspends the use of this agreement or the ARIM shared equipment, etc., in accordance with the provisions of the preceding paragraph, the University shall not bear any responsibility to the registrant, and the user accepts this. increase.The same shall apply if the University terminates the provision of the use of ARIM common facilities, etc. pursuant to the preceding paragraph.
• 3In the event that the University terminates the provision of the ARIM shared facilities, etc., the University shall bear no responsibility whatsoever, and the User shall accept this.

(Governing Law, Jurisdiction)

Article XNUMX

• Unless otherwise specified, the establishment, effectiveness, performance and interpretation of this agreement shall be governed by the laws of Japan.
• 2The Tokyo District Court shall be the exclusive jurisdictional court of first instance for any and all disputes relating to these Terms and Conditions and the use of ARIM shared facilities.

Supplementary provisions
This agreement applies from January 5, 1.