KyU Tube Bio User Agreement (Full text version)

KyU Tube Bio User Agreement (Full text version)

A researcher who registers his/her video or image data pertaining to biology to KyU Tube Bio (hereinafter referred to as the “Researcher”) and the Administrative Organization of KyU Tube Bio (hereinafter referred to as the “Administrator”), which is operated by the Division of Biological Sciences, Graduate School of Science, Kyoto University, agree that the Researcher provides and registers Video and Image Data to the Archives and that the Researcher grants license for usage of the registered Video and Image Data as follows:

Article 1. DEFINITIONS

For the purposes of this Agreement, these terms have the following meanings:

1. "Video and Image Data"
Video and image data, thumbnail images of videos and images, and appended metadata (including but not limited to descriptions of the videos and images).

 

2. "Archives"
Open archives that are operated by the Administrator under the name of “KyU Tube Bio” and that primarily contain Video and Image Data pertaining to biology.

 

3. “Register” or "Registering"
To transmit Video and Image Data to the Archives to make the Video and Image Data included in the Archives.

 

4. “Registered Video and Image Data” Video and Image Data that is transmitted and registered in the Archives by the Researcher.

 

5. “Browse” or “Browsing”
To connect to the Archives, and to search, watch, or listen to Registered Video and Image Data.

Article 2. REGISTRATION, ALTERATION, AND DELETION OF VIDEO AND IMAGE DATA

1. Video and Image Data to be registered in the Archives shall be limited to those kept by individuals (Researchers) who hold the original copyright or appropriate exploitation rights and who belong to the Division of Biological Sciences of Kyoto University as teaching staff or students.

 

2. The registration, correction, and deletion of Video and Image Data shall be done by the person in charge who is appointed by the chief of the laboratory to which the Researcher belongs (or belonged), with approval from the Administrator.

 

3. The Researcher may request to delete registered Video and Image Data that he or she has registered to the Archives at any time by contacting the Administrator. This procedure applies to cases where the Researcher requests deletion when he or she does not belong to the Division of Biological Sciences any longer.

 

4. The Researcher may request that the Administrator correct or alter the content of Registered Video and Image Data as needed.

 

5. The Registered Video and Image Data shall not be anything that hinders compression, decompression, or format-conversion of the Data. The newly written data shall be treated as equal to the original Data in this Agreement. The Researcher agrees that he or she does not exercise the right to integrity (referring to the right prescribed in the Section 1, Article 20 of the Copyright Act) when the Administrator performs such processing (compression, decompression, or format-conversion) on the Registered Video and Image Data according to the technical specifications of the Archives.

 

Article 3. PROHIBITION

The Researcher shall not do the following:

 

1. Transmit or register the following Video and Image Data to the Archives:

(i) Video and Image Data for which copyright or appropriate exploit rights are not held by the Researcher.
(ii) Video and Image Data that has been captured in a manner that is illegal under the applicable laws and regulations of the site where the Data was collected.
(iii) Video and Image Data that is prohibited to be disclosed, browsed, or distributed by laws or regulations of Japan or overseas countries and areas from which the Archives can be accessed.
(iv) Video and Image Data that is indecent or obscene or that violates public order and morality.
(v) Video and Image Data that has been obtained in a manner that is inappropriate from the viewpoint of animal ethics.
(vi) Video and Image Data that has been processed in an inappropriate manner from the perspective of the neutrality or fairness of research.
(vii) Video and Image Data that includes computer viruses, computer codes, files, or programs that has been designed to interfere, destroy or restrict the functions of computer software, hardware, or communication equipment.
(viii) Video and Image Data that infringes on any rights of a third party, or that inflicts financial or mental damage upon a third party.

 

2. Connect to the Archives with an intent to interfere with the operation of the Archive by the Administrator or the usage of the Archive by a third party.

 

3. Connect to the Archives with an intent to alter any of the Video and Image Data registered in the Archive in an illegal manner.

 

4. Connect to the Archives using an illegally acquired user account or password, or through other illegal measures.

 

Article 4. LICENSE FOR THE ADMINISTRATOR TO USE VIDEO AND IMAGE DATA

The Researcher grants the Administrator a non-exclusive right to use the Registered Video and Image Data during the term of this Agreement for the following purposes:

 

(i) Establishment of the Archives
To include Video and Image Data in the Archives to establish the Archives. (ii) Public transmission of the Registered Video and Image Data

 

To allow users of the Archives to browse the Registered Video and Image Data in a non-exclusive manner free of charge by publicly transmitting the Registered Video and Image Data via a network including but not limited to the Internet, and allow them to use the Data under Article 5 of this Agreement.

 

Article 5. LICENSE FOR THE ARCHIVES’ USERS TO USE VIDEO AND IMAGE DATA

The Researcher grants the Archives’ users a non-exclusive right to use any part or all of the Registered Video and Image Data during the term of this Agreement only for non-commercial educational or non-commercial research purposes and to the extent of the following provisions:

 

(i) To duplicate.
(ii) To distribute.
(iii) To screen.
(iv) To translate.
(v) To transmit publicly on a network including, but not limited to, the internet.

Article 6. CHANGES IN CONDITION OF LICENSE

The Administrator shall have the right to determine the terms and conditions for use of, and other conditions for, the Archives and to change them to the extent that any of the Researcher’s rights under this Agreement will not be impacted.

Article 7. PAYMENT FOR LICENSE GRANTED

1. The Administrator and any user of the Archives shall not pay a charge to the Researcher in consideration for the licenses granted under the Articles 4 and 5 of this Agreement.
2. When the Researcher is going to grant a license to the Archives’ users under Article 5, the Researcher shall be responsible for following the necessary procedures (including but not limited to making a notification to or obtaining consent from Kyoto University) according to the policies and rules of the University.

Article 8. COPYRIGHT POSSESSION

1. The copyright for the Registered Video and Image Data shall be held by the Researcher in the relationship between the Researcher and the Administrator.
2. The copyright for works related to the Archives, including but not limited to the programs, databases, and user interfaces, shall be held by the Administrator in the relationship between the Researcher and the Administrator.

Article 9. Warranty

1. The Researcher shall warrant to the Administrator that the Researcher is the rightful holder of the copyright (or appropriate right) for the Registered Video and Image Data and that he or she has the right to grant licenses under this Agreement.
2. When the copyright of any Video and Image Data that has been registered by the Researcher is going to be transferred to any third party, the Researcher shall notify the Administrator in advance and shall be responsible for the negotiation on the handling of the Registered Video and Image Data with the concerned third party.

Article 10. CREDIT INDICATION

1. When the Administrator releases any Registered Video and Image Data to the public on the Archives, the Administrator shall indicate the full name of the relevant Researcher.
2. The Administrator shall ensure that any third party who uses the Registered Video and Image Data indicates the full name of the relevant Researcher on the products that are made by using the Registered Video and Image Data.
3. In addition to the indication of the full name of Researcher under the immediate preceding two provisions, the Administrator has the right to indicate and let a third party indicate the data ID associated with the Video and Image Data.

Article 11. CONFIDENTIALITY

The Administrator shall appropriately manage, from the aspects of business and privacy, the Researcher’s confidential information that has been acquired in relation to this Agreement and shall not disclose this information to any third party without permission from the Researcher or on legal grounds.

Article 12. TERM

1. The Researcher shall understand each and every provision of this Agreement and accept them prior to registering Video and Image Data to the Archives. This Agreement shall come into effect at the time when the Researcher transmits the Video and Image Data to register the Video and Image Data into the Archives.

2. This Agreement shall terminate when: the Researcher requests the Administrator to delete the Registered Video and Image Data; the Administrator suspends or stops the operation of any part or all of the Archives; or it becomes impossible for the Administrator to continue to provide Registered Video and Image Data due to changed technical specifications of the Archives, where the termination is limited to the scope related to the relevant Registered Video and Image Data.

3. Notwithstanding the immediately preceding provision, the Administrator reserves the right to terminate this Agreement at any time without obtaining the consent of the Researcher.

Article 13. INDEMNITIES

1. The Researcher shall be responsible or liable for any damage, exception, or objection due to or arising out of the penalty for the Researcher's use of the Archives or Registered Video and Image Data, the Researcher's breach or default of any of the provisions of this Agreement, or the Researcher's violation of rights of any third party.
2. If the Researcher breaches or defaults on the performance of any of the provisions of this Agreement, and such a breach or default causes damage to the Administrator, the Administrator shall reserve the right to make a claim against the Researcher for any and all reparations for such damages, and any costs or expenses including attorney's fees paid by the Administrator.

3. The Researcher or any third party shall indemnify and hold the Administrator harmless against any damages or losses resulting from access to or registering Video and Image Data to the Archives by the Researcher.
4. The Researcher shall indemnify and hold the Administrator harmless against any damages or losses resulting from any loss or breakdown of Registered Video and Image Data, or presence of any errors in the Registered Video and Image Data.
5. The Administrator shall reserve the right to modify or discontinue, temporarily or permanently, any service or specifications of the Archives at any time without prior notice.
6. If the Researcher breaches or defaults on the performance of any of the provisions of this Agreement, the Administrator shall have the right to take necessary countermeasures including a right to delete the Registered Video and Image Data and to terminate the Researcher’s access to the Archives.
7. The Researcher shall indemnify and hold the Administrator harmless against any damages or losses in connection with foregoing two provisions.

Article 14. EFFECTS AFTER TERMINATION

1. When this Agreement has been terminated, the Administrator shall delete or discard the Registered Video and Image Data and its backup from the Archives.
2. The Administrator or any third party that has been granted license under Articles 4 and 5 shall have the right to use the Registered Video and Image Data even after this Agreement has been terminated.

Article 15. INTERPRETATION OF ARTICLES AND CONSULTATION

1. Both the Researcher and the Administrator shall consult and find a mutually beneficial solution for any matters that are not included in this Agreement, or for any problems that are caused by the discordance of construction and interpretation of the provisions of this Agreement.
2. If this English version contradicts the Japanese version in the construction and interpretation of the provisions of this Agreement, the Japanese version shall supersede the English version.

Article 16. JURISDICTION

In the event of a need for litigation concerning this Agreement, the Kyoto District Court shall be the first exclusive agreement jurisdictional court.

Article 17. GOVERNING LAW

This Agreement shall be governed by and constructed and interpreted under the laws of Japan.

Additional Clause

1. This Agreement shall also apply to Video and Image Data that has been registered to the Archives on or before June 1, 2018.