Simulation Code License

The rights holder of the simulation code “AkaiKKR (Machikaneyama)” (“A” hereafter) and a proposer (“B” hereafter), concerning that the simulation code “AkaiKKR (Machikaneyama)” (“the Code” hereafter) license to B, hereby agree as follows:

Article 1 General

1. The purpose of this agreement is that A licenses the Code, which is the fruit of A’s study, to B, and B uses the Code for research or education.

2. This Agreement grants B the license to use the Code only under the terms of this Agreement, and A reserves all rights of copyright and the other intellectual property to the Code.

Article 2 Provision and Payment

A shall give the information of downloading the Code, and license the Code to B under the terms of this Agreement.

Article 3 Restrictions

B shall not, without obtaining prior consent from A, engage in any of the prohibited conduct set forth below.

1. Acts in violation of copyright law, except as permitted of use under this Agreement, include Copying of the Code (excluding copying for use of the Code), public transmission (including acts enabling public transmission), lending or leasing, assignation, exhibition, etc.

2. Copying of the Code in forms that can be easily used by persons other than licensees of the Code.

3. Redistribution of the Code. The distribution of the Code is provided only through direct contracts of each user with a rights holder.

4. Exploitation of the Code in the provision of commercial services. It does not, however, deny completely that users will, under a separate agreement, be permitted such exploitation above through negotiations with the rights holder.

Article 4 Permitted Purpose of Use

1. B may use the Code for the purpose of academic research and education. When using the Code in a lecture etc. for the purpose of education, and only in the place of this lecture, A will license participants of this lecture under the same conditions of this Agreement. In that event, B shall be responsible to A for the participants’ compliance with this Agreement.

2. B may freely use of stimulating results of the Code for a research and development, a consultation service and so on. Publication of stimulating results of the Codes, in a report, a book, or a database etc., should be quoted by the use of the Code with the name of the Code.

Article 5 Alteration of the Code

B may alter the Code for the purpose of contributing to the development of research and technology. The altered version of the Code (“The Altered Code” hereafter) may be available for use under the conditions set forth below.

1. The Altered Code, after changing the title of the Code, may be made public with a quotation and clear statement about the alteration of the Code.

2. With the quotation etc. above, the Altered Code may be available for noncommercial use such as for research and education.

3. For commercial use of the Altered Code (distribution for value, commercial use in other programs, etc.), the permission of the rights holder shall be needed.

4. If the Altered Code is a distinct work from the Code, this Agreement will be not applied to the Altered Code.

Article 6 Management of the Information about Obtaining the Code

1. B shall not disclose, lend, and share the information of the URL (Uniform Resource Locator) and a password for obtaining the Code with third parties, and shall strictly control the information as to maintain the confidentiality of the information.

2. B shall be entirely liable and responsible for any occurrence of information leaks about obtaining the Code, and shall respond sincerely to this responsibility.

Article 7 Treatment of Personal Information

1. B, with regard to the Personal Information of B below (“Personal Information” hereafter), agrees that A acquires Personal Information and keeps it for a considerable period of time.
(a) the information which B registered through an application of the Code License, such as B’s name, address, telephone number, e-mail address, etc.

2. B agrees to the use of Personal Information by A for purposes below;
(a) Sending the information of support regarding the Code
(b) a notice about analyses and researches for study or development of the Code.

3. A shall strictly control the handling of Personal Information, and endeavor safe control on Personal Information such as preventing the leakage of Personal Information, etc.

Article 8 Limitation of Liabilities

There remains possibility of scientific and technological error in the Code, as well as inaccuracy, impropriety, and inefficiency because the Code has been developed under the research process. B agrees to use the Code with this understanding, and in no event shall A be liable for any loss and damage of B caused by the use of the Code.

Article 9 Termination

1. This Agreement shall be automatically terminated, without a notice from A, in the event that B violates any conditions of license under Articles 3 to 5 of this Agreement.

2. Either A or B, in the event that the other party violates provisions of this Agreement, may terminate this Agreement.

Article 10 Effect of Termination

In the event that this Agreement is terminated for any reason, B shall immediately and permanently delete the Code in any storage media in which it is contained (hard disk drive, etc.), and shall destroy all copies, if any copies have been made.

Article 11 Settlement of Dispute

In the occasion to decide conditions not stipulated herein, or a disagreement or dispute arises between the contracting parties to this Agreement, the parties shall engage in good faith discussions and exercise their best efforts to reach an amicable resolution of the matter.

Article 12 Governing Law and Jurisdictional Court

Controversies and disputes arising out of or relating to this Agreement shall be submitted to the Osaka District Court in Osaka, Japan as the Court of first instance.

Article 13 Language

This Agreement was drew up in Japanese originally, and in the event of dispute between the Japanese and the English versions, the Japanese version of this Agreement shall govern.

Developer and Rights Holder

Hisazumi Akai
Institute for Solid State Physics, The University of Tokyo
5-1-5 Kashiwanoha, Kashiwa, Chiba 277-8581, Japan
Tel: 04-7136-3493
Fax: 04-713603441
E-mail: akai@issp.u-tokyo.ac.jp