MLF User Agreement
These Terms and Conditions are effective on and after October 13, 2023
(Scope of Application)
Article 1: These terms and conditions shall apply to the use of the Materials and Life
Science Experimental Facility (hereinafter referred to as "MLF") of the J-PARC Center, ajointly operated organization by the Japan Atomic Energy Agency (hereinafter referred toas "JAEA") and the High Energy Accelerator Research Organization (hereinafter referred
to as "KEK"), when the Principal Investigator (hereinafter referred to as "PI") utilizes the
MLF and also utilizes the neutron beam common use facility managed by theComprehensive Research Organization for Science and Society (hereinafter referred toas "CROSS").
(Peaceful Use)
Article 2: The results obtained through this experiment shall be used in compliance withthe peaceful purposes such as the Atomic Energy Basic Act.
(Observance of Regulations, etc.)
Article 3: PI must, when conducting experiments, comply with the relevant laws andregulations, as well as the regulations established by JAEA, KEK, and CROSS (hereinafterreferred to as "Regulations, etc."), and must conform with the instructions of the Directorof the J-PARC Center (hereinafter referred to as "Director") concerning safety
management.
2

PI has responsibility for making other experiment participants comply with theseterms and conditions.

(Application for Use)
Article 4: In using the MLF, PI shall understand the contents of these terms andconditions firstly and submit a proposal to Director, based on the Guidelines for Proposal
Application specified separately by Director.
(Acceptance of Use)
Article 5: After accepting the proposal as specified in the preceding article, J-PARC
Center, KEK, and CROSS, the operators of these user systems, shall decide on
acceptance or rejection and notify PI his/her screening result.

2

PI and their affiliated supervisor must sign and submit the consent form accepting
these terms and conditions to Director upon receiving the acceptance notification in
the preceding section. (However, in case of " the joint use of KEK beamlines," thesignature is not required.)3

If PI requires the use of facilities, equipment, and other items (hereinafter referred toas "Facilities, etc.") owned by JAEA, KEK, and CROSS in connection with the use of
MLF, PI may use such facilities, etc., in accordance with approval from the managing
the facilities, etc.

4

PI shall conduct the use as stipulated in the preceding section with the due of careof a good manager.

5

PI may cancel the proposal by notifying the person responsible for managing theexperimental equipment and facilities (hereinafter referred to as "instrument
scientist") located in MLF before the start of the experiment, in the event that war,riot, strikes, fire, acts of God and other causes beyond its reasonable control of theaffected party occur, after submitting the consent form in the second section.

(Change of Facilities)
Article 6: When PI intends to use the MLF by changing part of the Facilities, etc., he/she
must consult with J-PARC Center in advance and obtain the approval of J-PARC Center.
When the use has been completed, the facility must be restored to its original state
promptly.
(Recommendations and Suspension of Use)
Article 7: When any of the following items applies, Director may make recommendations
to PI.
(1) When Director recognizes that the safety or soundness of J-PARC Center may be
adversely affected.
(2) When Director finds that PI and Collaborators have violated the contents of the Terms
and Conditions, Consent for MLF experiment ‒ cum-Application for registration as“J-PARC user”, and other documents submitted to J-PARC Center and CROSS or havemade a false application.
(3) When PI and Collaborators do not comply with the relevant laws and regulations aswell as the regulations of JAEA, KEK, and CROSS.
2

When PI receives a recommendation set forth in the preceding paragraph, he/she
must immediately consult with Director and take necessary measures approved by
Director.

3

When PI does not follow the recommendations in Section 1 or in case of emergency,
Director may order PI and Collaborators to discontinue the use of the MLF.

(Safety Education)
Article 8: PI and Collaborators must take safety education provided by J-PARC Center
before using the MLF.
2

PI and Collaborators must take safety education provided by the organization
managing the facilities, etc. before using the facilities, etc.

(Ensuring Safety, etc.)
Article 9: PI must follow the instructions of the instrument scientist when using J-PARC,
JAEA, KEK and CROSS facilities.
2

PI must manage the samples, devices, instruments, chemicals, etc. (hereinafterreferred to as "Samples, etc.".) brought into J-PARC Center with the permission of
Director with the due care of a good manager, safely and appropriately, and shallhandle them with responsibility in accordance with the safety regulations of J-PARC
Center.

3

PI must follow the instructions of the instrument scientist, when carrying out work
involving dangers such as handling radiation work, high pressure gas, chemicals, etc.

(Discharge from Accidents, etc.)
Article 10: JAEA, KEK, and CROSS shall bear no responsibility whatsoever for any
damages, losses, etc. arising from accidents, etc., due to causes attributable to PI, causes
attributable to third parties, natural disaster and other causes of force majeure.
(Provision of Samples, etc.)
Article 11: When an instrument scientist requests the submission of all or part of the
Samples, etc., required for experiments PI shall provide the Samples, etc. by thedesignated date.
(Support for Use)
Article 12: PI may request an instrument scientist to provide services such as operationof the equipment, transportation of radioactive materials, and other ancillary work, andto provide consumables.
2

PI may request an instrument scientist to provide technical guidance on the operation,
control methods of equipment, preparation of experimental samples, and dataanalysis methods of experimental data, etc.
3

PI shall pay the following expenses as additional costs to J-PARC Center.

(1) Expenses for services and technical guidance based on this article provided by JAEA
staff, which the instrument scientist deems as special support. These expenses arecalculated based on the contracted research expense calculation standards set by
JAEA.
(2) Costs of special consumables, etc. required for the experiment, as well as theexpenses incurred to use such consumables.
(Responsibility for Disposal of Radioactive Waste)
Article 13: In principle, PI should take responsibility for the generation of radioactive
waste associated with his/her use of MLF.
2

PI may turn over responsibility for the radioactive waste generated as a result of the
PI's use to JAEA by paying the fees calculated based on the provisions in the"Radioactive Waste Contract Regulations of the JAEA(Reiwa03 (Regulations) No.
34),"(Damage or Accidents Causing Destruction or Damage to MLF and Facilities, etc.)
Article 14: When PI has intentionally or negligently lost or damaged the Facilities, etc.,
he/she must compensate for the loss or damage by restoring them to their original state
or by paying money.
(Disclaimer in case of shutdown)
Article 15: When it becomes difficult to continue operation of the facility due to a failure,etc., the instrument scientist shall immediately notify PI. JAEA, KEK and CROSS are notresponsible for any damage caused to the PI and the Collaborators. due to thesuspension of the operation.
(Publication of Results through Open Access)Article 16: For Non-Proprietary Use, beam usage fees are exempted. However, if theExperimental Report specified in the next paragraph is not submitted, beam usage fees
shall be charged.
2

When PI conducts non-proprietary use, PI is required to submit an Experimental
Report within 60 days after the end of the proposal term of the experiment. These
reports will be open to public on the J-PARC Web site by J-PARC Center and CROSS.

3

Then the Experiment Report as specified in the previous paragraph is not submitted

by the deadline, PI shall not be able to apply for new proposals until the report is
submitted, or the beam usage fees specified in the next paragraph is paid.
4

Further the Experiment Report is not submitted within 30 days after the deadline
specified in Article 16(2), PI must pay the beam usage fees calculated based on the"Regulations on Determining Usage Fees for J-PARC MLF" (26J (Regulations) No. 9of the JAEA, Regulations No. 13 of the KEK) as demanded by J-PARC Center by thedeadline set by J-PARC Center.

(Publication of Papers, etc.)
Article 17: When PI publish the research results by means of refereed papers, refereed
proceedings, doctoral dissertations, patents, publicly available technical reports, andannual reports and achievement collections published by J-PARC Center (hereinaftercollectively referred to as "papers, etc."), PI shall promptly submit such information to JPARC Center. PI shall clearly state in the publication the proposal number of theexperiment and the fact that the PI used J-PARC/MLF for the experiment. The
publication of research results is not required officially for proprietary use experiments,
but when research results are published, such information shall be promptly provided to
J-PARC Center.
2

J-PARC Center and CROSS shall promptly disclose the information of the submitted
papers.

3

On the occurrence of any support by J-PARC Center and CROSS staff, the PI shalldecide whether to treat them as co-authors in consultation with J-PARC Center and
CROSS staff.

(Handling of experimental data of non-proprietary use experiments)
Article 18: J-PARC Center and CROSS will or may publish the experiment data of the nonproprietary use experiment three years after the end of the fiscal year PI completed theexperiment.
(Proprietary Use)
Article 19: When PI conducts proprietary use, PI must pay the usage fee calculated basedon the Regulations on Determining Usage Fees for J-PARC MLF, as demanded by J-PARC
Center, by the deadline set by JAEA.
(Intellectual Property Rights)
Article 20: In this agreement, "intellectual property rights" shall refer to the following:(1) Patent rights, utility model rights, design rights, trademark rights, circuit layout rights
as provided by the Act on Protection of Layout-Designs of Semiconductor Integrated
Circuits, breeder's rights as provided by the Plant Variety Protection Act, and rights
equivalent to each of these rights in foreign countries.
(2) Rights to obtain patents, rights to obtain utility model registrations, rights to obtain
design registrations, rights to obtain trademark registrations, rights to register theestablishment of circuit layout rights, rights to obtain variety registrations, and rights
equivalent to each of these rights in foreign countries.
(3) Copyrights of programs and databases (referred to as "programs, etc.") as defined in
the Copyright Act, and rights equivalent to each of these rights in foreign countries.
(4) Useful technical information that does not fall within the scope of the rights listed in
the preceding three items, is not publicly known, and is recorded in a recognizable orrecordable form by appropriate means (referred to as "know-how").
2

In this agreement, "invention, etc." shall mean inventions for which patent rights canbe obtained, utility models for which utility model rights can be obtained, designs forwhich design rights can be obtained, trademarks for which trademark rights can beobtained, creative works for which circuit layout rights and copyrights of programs,
etc. can be obtained, breeding for which breeder's rights can be obtained, anddevising for which the right to use know-how can be obtained.

(Ownership, etc. of Intellectual Property Rights)
Article 21: When PI and/or Collaborators intend to file applications or take actions
regarding inventions, etc. obtained by the use of MLF and facilities, prior discussion shallbe held with J-PARC Center and CROSS regarding the contributions of each party to thesaid inventions, etc. If contributions are acknowledged, the distribution of ownership,
cost sharing for management, and expenses (such as patent attorney fees, application
fees, maintenance fees, etc.) shall be determined, and a separate contract shall beconcluded.
2

Regarding intellectual property rights obtained through the publication and use ofachievements in MLF, J-PARC Center may also have rights.

3

Concerning intellectual property rights obtained by the use of the neutron beamshared facility in MLF, J-PARC and CROSS may also have rights.

(License to a third party)
Article 22: J-PARC, CROSS, PI, and Collaborators must obtain the prior consent of allother individuals having a share in the intellectual property rights related to thecollaboration before allowing a third party to implement the intellectual property rights.
2

Notwithstanding the provisions of the preceding paragraph, concerning sharedintellectual property rights for which J-PARC is entitled based on the provisions ofArticle 21(2), J-PARC may grant a license for implementation to a third party without
paying compensation to other co-owners.

3

Notwithstanding the provisions of the preceding two paragraphs, concerning sharedintellectual property rights for which J-PARC and CROSS are entitled based on theprovisions of Article 21(3), J-PARC and CROSS may grant a license for
implementation to a third party without paying compensation to other co-owners.

(Licensing the exploitation of intellectual property rights)
Article 23: Intellectual property rights obtained through non-proprietary experimentconducted at MLF may be licensed free of charge by J-PARC Center. J-PARC Center and
CROSS may grant licenses free of charge to intellectual property rights obtained throughnon-proprietary experiment at the Neutron Public Beamlines. When a joint intellectual
property right is exploited commercially, PI and the Collaborators shall pay to J-PARC
Center and CROSS a non-working compensation fee determined through consultationaccording to the share, etc. of the invention, etc.
（Priority）
Article 24: Notwithstanding the provisions of the preceding three Articles(from Article 21
to Article 23), when there are provisions concerning intellectual property rights in otherjoint research agreements, etc., such provisions shall take precedence.
（Confidentiality）
Article 25: J-PARC Center, CROSS, PI and Collaborators must not divulge to a third party
any confidential information obtained through the application and implementation of theexperiment, etc. Provided, however, that this shall not apply to any of the following items:(1) Information that has already become publicly known prior to obtaining from the otherparty(2) Information that has become publicly known after having been obtained from theother party, without any fault of its own(3) Information which has already been possessed before obtaining it from the otherparty and of which such fact can be approved(4) Information acquired without the obligation of confidentiality from a third party withlegitimate authority

(5) Any document or information obtained independently without depending on theinformation obtained from the other party and of which such fact can be approved(6) Information of which consent for disclosure has been obtained from the other party
in writing(7) Information required to be disclosed by a court order or by law
In this case, the party shall immediately notify the other party of the request.
2

J-PARC Center, CROSS and PI may add special provisions on confidentiality,
according to the purpose and nature of the shared facilities.

（Amendment of the Terms and Conditions）
Article 26: In amending these Terms and Conditions, unless otherwise specified in theseTerms and Conditions, the amended Terms and Conditions shall also apply to alreadyconcluded usage contracts.
2 When amending these Terms and Conditions, the fact that the terms will be amended,
the content of the amended terms, and the effective date of the amendments will be
posted on J-PARC Center's website.
（Term of the Terms and Conditions）
Article 27: Articles 2, 7, 11, 13, 14, 15, 17, 18, 19, 20, and 21 through 31 and 33 shallremain effective even after the end of the usage period.
（Resolution of Questions, etc.)
Article 28: Any doubts or disputes arising regarding the execution of this Terms andConditions shall be mutually discussed and resolved between J-PARC Center and PI.
（Cancellation）
Article 29: J-PARC Center may cancel this agreement if PI makes a false usage
application, does not comply with the regulations, or causes a significant accident orthere is a possibility of it occurring.
（Jurisdiction of Legal Proceedings）
Article 30: For lawsuits related to these terms and conditions, the court having
jurisdiction over J-PARC Center's location shall be the exclusive competent court of first
instance.
（Governing Law）

Article 31: These Terms and Conditions shall be governed by and interpreted inaccordance with Japanese law.
（Insurance）
Article 32. PI and Collaborators must purchase accident insurance, etc., in preparation
for unforeseen accidents. It is not necessary to purchase such insurance for the PI and
the Collaborators who are employed by universities, private companies, public research
institutes, etc. in Japan.
（Handling of Personal Information）
Article 33. The personal information provided shall not be used without personal consent,
for any purpose other than the work necessary for J-PARC Center (JAEA or KEK) andCROSS to accept J-PARC users, the work to improve the usefulness of J-PARC users,
and the preparation of statistical data.
*Handling of personal information in accordance with the EU General Data Protection
Regulation (GDPR) If you live within the EEA (European Economic Area), i.e. within the
EU, Iceland, Liechtenstein, Norway or UK, please check the following:
1. Personal information obtained through the J-PARC User Support System (hereinafterreferred to as "System".) shall be used only to the extent necessary for theachievement of the purposes set forth in the following items, in addition to services
related to the procedures for visiting J-PARC.
(1) To provide information from J-PARC Center for the purpose of improving usefulness
for users.
(2) To compile statistical data
2. The collected personal information on this system may not be provided to a third party
except in cases based on laws and personal consent.
Personal data is received in Japan and stored in J-PARC center's servers in Japan. JPARC Center will properly manage the personal data received.
A person can request access to his/her personal data, correction of inaccurate
personal data, and restrictions on data processing during verification of the accuracyof personal data. The contact information of the department in charge of this matteris [juo@ml.j-parc.jp]. If the person is dissatisfied with J-PARC Center's handling of
his/her personal data, he/she can file a complaint with the supervisory authoritiesof the EEA.
The person also has the right to withdraw his/her consent at any time, and withdrawal

of consent does not affect the legality of data processing or transfer before thewithdrawal.