National Institute for Materials Science
MDR Open Data Terms of Use
National Institute for Materials Science
Established on September 1, 2021
Revised on October 22, 2021
Revised on January 17, 2023

MDR Open Data Terms of Use (hereinafter referred to as “Terms”) set forth the terms andconditions and other matters concerning the use (defined in Article 1 below; hereinafterreferred to as “Service”) regarding research data, literature and other information (hereinaftercollectively referred to as “Open Data”) published on the Materials Data Repository (MDR),
which is managed and operated by National Institute for Materials Science (hereinafterreferred to as “Institute”).
Users (defined in Article 1 below) of the Service are obligated to comply with these Terms
when using the Service, and at the start of using the Service, Users are deemed to haveagreed to these Terms, the site policy (http://www.nims.go.jp/siteinfo/site-policy.html) and theprivacy policy (http://www.nims.go.jp/siteinfo/privacy-policy.html) on the official website of theInstitute.
Please carefully read these Terms, the site policy and the privacy policy before using theService.

Article 1: Definition
For the purpose of these Terms, the following terms shall have the meaning respectively
prescribed in the following items.
(1)“Service”

Services provided to Users (defined in the following item) throughsystems managed and operated by the Institute, including, without limitation, theMaterials Data Repository “MDR” and the accompanying web pages and applications,allowing Users to search for, view and download Open Data;(2)“Users”

Individuals who search for, view and download Open Data after agreeing

to these Terms;(3)“Site”

Web page of MDR;

(4)

To “Acquire” data from MDR(MDR Open Data Terms of Use)To access and obtain Open Data by using the1Service.
Article 2: Applicability and Amendment to These Terms
1.

These Terms shall apply to use of the Service that is provided by the Institute and all

matters in conjunction with provision of the Service.
2.

Provisions announced through MDR from time to time by the Institute and provisions foruse posted on the Site when using the Service shall also constitute a part of these Terms.
3.

The Institute may amend the details of these Terms at any time without the prior consentof Users. The Terms after such amendment shall be deemed to have been agreed by all
Users on the effective date after such terms have been posted on the Site for at least one(1) week before the effective date.
4.

In addition to the case described in the preceding paragraph, when the Institute judges

it necessary, the Institute shall notify Users of necessary information from time to time. The
notified content shall be deemed to have been agreed by all Users after it has been postedon the Site for one (1) week.
Article 3: Purpose of Use of Service, Functionality, etc.
MDR and the Service are provided for the purpose of contributing to research anddevelopment in materials science technology. The Institute will provide the Service only tothose individuals who use the Service for the purpose of education or research anddevelopment.
Article 4: Rights to Open Data
Copyrights and other rights related to Open Data shall be vested in the right holders who
actually have rights in and to the Open Data and no rights shall be assigned or transferredto third parties.
Article 5: Use of Open Data
When using Open Data Acquired from MDR, Users shall comply with the following matters.
(1)

Users shall follow the Right Statement posted on the page on which the data isdisplayed on the Site.
(2)

When Users publish research deliverables or other materials prepared by using Open

Data, Users shall expressly indicate the source.
Article 6: Prohibited Acts
Users shall not commit any of the following acts.
(1)

Act of using the Service for any purpose other than the use mentioned in Article 3;(2)

Act of allowing those other than Users to use the Service;(3)

Act of attempting any unauthorized access to MDR or any alteration or deletion of(MDR Open Data Terms of Use)2

data, etc., or the act of otherwise disrupting the server or network of MDR (including,without limitation, by sending a virus);(4)

Act that may interfere with the management or operation of MDR;

(5)

Act that violates these Terms;(6)

Act of impersonating another User;(7)

Act of using the Service for the purpose of developing, designing, manufacturing,storing and using nuclear weapons, chemical weapons, biological weapons, missile
weapons or other weapons of mass destruction regulated by the Foreign Exchange andForeign Trade Act and its relevant laws and regulations, for the purpose of military
applications, or for other purposes that may hinder the maintenance of international
peace and security, or act of using the Service for the purpose of providing the Open
Data to any third party having such aforementioned purposes;(8)

Any other acts deemed inappropriate by the Institute.

Article 7: Restrictions on Use
If MDR is used in an inappropriate manner, or if the Institute otherwise judges it necessaryfor, inter alia, the appropriate management or efficient operation of MDR, the Institute may
impose, on specific Users, restrictions, including, without limitation, suspension orcancellation of use of MDR.
Article 8: Amendment, Deletion, etc., of Open Data
1.

The Institute may amend or delete Open Data if:(1)

A depositor of Open Data requests its amendment or deletion; or(2)

In addition to the amendment or deletion of Open Data requested under thepreceding item, the Institute judges it appropriate to amend or delete other relevant OpenData.
2.

The Institute may take measures to suspend Open Data from being displayed or to add

a description about questions raised regarding Open Data if:(1)

The Institute judges that there is a high possibility that Open Data containsinappropriate content that cannot be ignored; or(2)The Institute otherwise judges that such measures are necessary for the appropriate

management of MDR or for any other such purpose.
3.

Pursuant to the provisions of the preceding two paragraphs, the Institute may, without

notice to Users, amend, delete or suspend Open Data from being displayed or add adescription about questions raised regarding Open Data.
Article 9: Service Change, etc.
1.

Whenever the Institute is unable to provide services due to system maintenance, power(MDR Open Data Terms of Use)

3failure or other event, or whenever the Institute otherwise judges it necessary for themanagement or operation of the system, the Institute may, as needed, amend the whole or
any part of the service content of MDR, or suspend or discontinue the provision of services(hereinafter referred to as “Service Change, etc.”).
2.

The Institute may make the Service Change, etc., under the provision of the preceding

paragraph without notice to Users.
Article 10: Disclaimer
1.

If a dispute with a third party arises out of MDR and use of the Service or use of Open

Data, User shall settle the dispute at its own responsibility and cost, and the Institute shallassume no liability for such dispute.
2.

The Institute does not warrant nor shall the Institute assume any liability to Users for thecompleteness, accuracy or relevance of purpose, etc., of Open Data. When using theService, Users shall, on their own responsibility, assess the completeness, accuracy, orrelevance of purpose, etc., of the data.
3.

The Institute shall assume no liability to Users for the functionality of MDR and therelevant system, including, without limitation, continuous proper operation and trouble-free
use of MDR.
4.

The Institute shall assume no liability to Users for any damages caused as a result ofuse of MDR or the Service.
5.

The Institute shall assume no liability to Users for any damages caused by amendment,deletion or suspension of Open Data from being displayed or addition of a description about
questions raised regarding Open Data.
6.

The Institute shall assume no liability to Users for any damages caused as a result of

any Service Change, etc., made for MDR.
Article 11: Handling of User Information
1.

MDR automatically collects the access source IP address, use dates and times, usepages, usage environment and other such data of Users. Before using MDR, Users shallagree that the access logs so collected will be used as information for making a decision
as regards the operation of MDR, system maintenance, analysis of usage conditions,improvement in convenience of services, etc. The Institute will not use such access logs forany purpose other than the above-described purposes.
2.

MDR uses the web access analysis tool provided by Google for access analysis(hereinafter referred to as “Google Analytics”). The data collected by Google Analytics shallbemanagedinaccordance

withtheprivacy

policyofGoogle(https://www.google.com/intl/ja/policies/privacy/). Users may disable data collection by(MDR Open Data Terms of Use)

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Google Analytics by using the Google Analytics Opt-out Add-on provided by Google(https://tools.google.com/dlpage/gaoptout/).
3.

The site policy and the privacy policy of the Institute shall apply to the protection of theinformation and privacy of Users in connection with use of MDR, except in the case of thepreceding paragraph.
4.

Users agree that the Institute may disclose the information described in paragraph 1 andparagraph 3 to third parties in the following cases:(1)

When, for the purpose mentioned in paragraph 1, the information is disclosed tothose who are bound by any contractual or other obligation of confidentiality; or(2)When the Institute is required by laws or regulations to disclose such information.

Article 12: Compensation for Damages
If User causes damages to the Institute in connection with use of the Service, the Institute
may claim damages against the User.
Article 13: Duration of these Terms
Even after User ceased using the Service, these Terms shall remain in force with respect tomatters arising in connection with use of the Service and to the handling of data Acquired
from MDR.
Article 14: Miscellaneous
1.

The formation, effect, implementation and interpretation of these Terms shall begoverned by the laws of Japan.
2.

All disputes arising in connection with these Terms, MDR and the Service shall bereferred to the Tokyo District Court as the court of first instance having exclusive jurisdiction.
3.

Notwithstanding the preceding paragraph, when the address of User exists outside

Japan, disputes arising in connection with these Terms between User and the Institute shallbe settled only by arbitration by the Japan Commercial Arbitration Association in Tokyo,
Japan in accordance with its Arbitration Rules. The arbitral award shall be final and binding
upon both User and the Institute. The arbitration expenses (including fees of attorneys andlawyers) shall be borne by the losing party unless otherwise specified in the arbitral award.
4.

The Japanese version of these Terms shall be the official version. In the event of any

conflict between the provisions of the Japanese version and the English languagetranslation thereof, the provisions of the Japanese version shall prevail.
Supplementary Provision
These terms shall come into force on September 1, 2021.
Supplementary Provision (October 22, 2021)(MDR Open Data Terms of Use)

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These terms shall come into force on November 1, 2021.
Supplementary Provision (January 17, 2023)
These terms shall come into force on January 17, 2023.

(MDR Open Data Terms of Use)

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