National Institute for Materials Science
AtomWork-Adv Service Terms of Use
Established: April 1, 2018
Revised: June 26, 2023
Revised: March 25, 2024
Revised: August 1, 2024

AtomWork-Adv Service Terms of Use (hereinafter referred to as “Terms”) set forth the terms
and conditions of use of the Service (defined in Article 1 below; hereinafter referred to as“Service”) to make available the Inorganic Material Database “AtomWork-Adv,” which isprovided on a website by National Institute for Materials Science (hereinafter referred to as“Institute”), for advanced use of a database which is managed and operated by the Institute.
Contractors (defined in Article 1 below) of the Service are obligated to comply with theseTerms when using the Service, and upon registration for use of the Service, Contractors are
deemed to have agreed to these Terms, the site policy (https://www.nims.go.jp/siteinfo/sitepolicy.html) and the privacy policy (https://www.nims.go.jp/siteinfo/privacy-policy.html) on
the official website of the Institute. Therefore, please carefully read these Terms, the site
policy and the privacy policy before using the Service.
Article 1: Definition
The following terms as used in these Terms shall have the meaning respectively prescribedin the following items.
(1) “Service”

Services provided at charge to Contractors (defined in the following item)

through systems owned by the Institute, including, without limitation, the Inorganic Material
Database AtomWork-Adv and the accompanying web page, application and use registration
system.

Its

content

isdescribed

in“AboutAtomWork-Adv”(https://atomwork-

adv.nims.go.jp/service.html);(2) “Contractors”

Individuals or corporations that have agreed to these Terms andsubmitted an application to the Institute for use of the Service pursuant to paragraph 1 of
Article 4 below and whose use of the Service has been approved by the Institute;(3) “Use Agreement”

Agreement for use of the Service that includes these Terms in thecontent;(4) “Site”(5) “ID-PW”

Web page of the AtomWork-Adv;
ID to manage the DICE account issued to the DICE account registrant(AtomWork-Adv Service Terms of Use)

under the DICE Account Terms of Use and the password (PW) set by the registrant, including
the authentication information used for multi-factor authentication, if set;(6) “Single License”

A type of license that allows for use of the Service only by way of

ID-PW authentication. This type of license does not require IP address authentication nor
limit the networks from which the Service can be used;(7) “Single IP Address License”

A type of license that allows for use of the Service with

ID-PW authentication and IP address authentication, which is a type of license that allows
for use of the Service only via the IP address registered through the registration for use of
the Service under Article 4 below;(8) “Group Manager”

A person registered as the manager of the Group License (asdefined in the following item), if opted for, at the time of registration for use of the Service;(9) “Group License”

A license under which single licenses for up to ten (10)accounts can be used based on the registration effected by the Group Manager with respect
to up to ten (10) DICE accounts to register the DICE account registrants as group members,
using the functions available on the group member management page of the Service;(10) “DATA”

Data, content (including text, illustrations, pictures and tables)that are provided through the AtomWork-Adv and the Service;(11) “Processed DATA” The DATA that have been processed into a table or other form of
expression. The Processed DATA shall include the DATA and other data, etc., that have beenprocessed into a table or other form of expression;(12) “Download Function”

The function to allow for the download of a part of the

DATA to a certain extent.
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 the AtomWork-Adv from time to time by the Institute andprovisions for use posted on the Site when using the Service shall also constitute a part ofthese Terms.
3. The Institute may amend the details of these Terms at any time without the prior consent
of Contractors. The terms after such amendment shall be deemed to have been agreed by
all Contractors when such terms have been posted on the Site for one (1) month.
4. In addition to the case described in the preceding paragraph, when the Institute judges it
necessary, the Institute shall notify Contractors of necessary information from time to time.
The notified content shall be deemed to have been agreed by all Contractors when it has
been posted on the Site for one (1) week.

(AtomWork-Adv Service Terms of Use)Article 3: Purpose of Use of Service, License, Functionality, etc.
AtomWork-Adv and the Service are provided for the purpose of promoting science andtechnology and facilitating assistance in research and development. The Institute therefore
will provide the Service only to those individuals or corporations that use the Service for the
purpose of education or research and development.
Article 4: Registration for Use
1. Registration for use of the Service shall be completed when the person who desires to use
the Service submits an application to the Institute for registration for use on the Site and theInstitute approves the use registration. Upon completion of use registration, the Use
Agreement shall be concluded between the individual whose use registration has been
approved, as Contractor and the Institute.
2. When the Institute judges that one of the following events exists in relation to the applicant
of use registration, the Institute may disapprove the application for use registration, and theInstitute shall not assume any obligation to disclose the reason therefor.
(1) If the applicant does not exist;(2) If the Institute judges that the applicant may not satisfy the requirements described inparagraph 1 of the preceding Article;(3) If the applicant has reported false information at the time of application for use
registration;(4) If the application is made by a person who has committed a violation of these Terms;(5) If the Institute has otherwise judged that the use registration is not appropriate.
3. The preceding paragraph shall apply mutatis mutandis to cases where Contractor desires
the continued use described in Article 6 below.
4. When, with respect to Contractor, the address, name, company or organization name, orother information entered on the form for registration for use of the Service (excluding the email address) has changed, Contractor shall promptly report the change to the Institute by
updating the relevant information on the user information registration page of the Site. In thecase of the Single IP Address License, when the global IP address to use the Service is tobe changed, Contractor shall make an application for the change through the user
consultation service (atomwork-adv@nims.go.jp) and obtain approval of the Institute.
Article 5: Notification of Completion of Registration
Immediately after the completion of registration for use and confirmation of payment of theservice charge for the initial year, the Institute shall notify Contractor of the following matters,(AtomWork-Adv Service Terms of Use)

which depend on the type of license, by sending an e-mail to the registered e-mail address.
(1) Single License and Single IP Address License: ID-PW and the date of thecommencement of use and the date of the expiration of the use period;(2) Group License: Date of the commencement of use, the date of the expiration of the use
period, and the procedures for the management of the Group License (including the methodof operating on the group management page).
Article 6: Use Period
1. The use period of the Service shall be until the date of the expiration of the use period
described in the notice described in Article 5 above.
2. When Contractor desires the continuance of the Service after the expiration of the use
period, please submit an application for the continued use on the Site and pay the service
charge for one (1) year. Immediately after the confirmation of the payment of the service
charge, the Institute shall notify Contractor of the matters described in the items of thepreceding Article, depending on the type of license.
3. When Contractor has submitted an application for the continued use pursuant to thepreceding paragraph, if the payment of the service charge is not confirmed, the Institute shallsuspend the provision of the Service until the payment is confirmed. Paragraph 3 of Article 9
below shall apply mutatis mutandis to the suspension under this paragraph.
4. When Contractor cancels the Use Agreement of the Service without cause, Contractor
shall make an application for such cancellation through the user consultation service(atomwork-adv@nims.go.jp) at least one (1) month prior to the date of the expiration of theuse period. When the Institute has accepted the application for such cancellation and gives
notice of approval, the Use Agreement of the Service shall terminate effective on the date of
the termination of the use period.
Article 7: DICE Account and Scope of Users
1. Contractors may use, or cause those described in paragraph 2 below (hereinafter referred
to as “Users”) to use, the Service with the DICE account.
2. The Users whose use of the Service may be permitted by Contractor shall be thosedescribed in the following items, depending on the type of license. If Contractor is a
corporation, such Users must be their officers, employees or workers (including dispatchedworkers) who perform operations on behalf of Contractor under the direction of Contractor.
(1) In the case of the Single License or Single IP Address License:
Individuals who have been registered as the User at the time of the registration for use.
(2) In the case of the Group License:(AtomWork-Adv Service Terms of Use)

The Group Manager and individuals registered by the Group Manager as groupmembers on the group member management page.
3. Contractors shall not cause any person not satisfying the requirements of the preceding
paragraph or any person other than those described in the preceding paragraph to use theService, and shall not cause the Service to be used beyond the scope permitted by theseTerms.
4. Contractor shall cause only those described in paragraph 2 above to use the ID-PW.
5. Contractor agrees that Contractor shall cause the Users permitted under paragraph 2
above to comply with these Terms, and that the use of the Service by such Users shall bedeemed to be an act of Contractor itself.
Article 8: Management of ID-PW
1. Contractors shall comply with the following: (a) Contractors shall not disclose or lend the
ID-PW to, or share the ID-PW with, any third party other than the Users described inparagraph 2 of Article 7 above, and (b) Contractors shall carefully manage the ID-PW to avoid
leaks or unauthorized use of the ID-PW. The Institute shall not assume any liability fordamages caused to Contractors or other persons arising out of the management or use of
the ID-PW.
2. If a person other than Contractor or those described in paragraph 2 of Article 7 above uses
the Service with the ID-PW, such act shall be deemed to be an act of Contractor, andContractor shall pay the service charge for such use as set forth in Article 9 below.
Article 9: Payment of Consideration
1. During the use period, as consideration for the provision of the Service, Contractors shall
pay the Institute the service charge that shall be separately determined by the Institute andposted on the Site, by the method designated by the Institute. For the avoidance of doubt,
remittance fees and other costs necessary for such payment by Contractors shall be borne
by Contractors.
2. If the service charge or any other liabilities owed to the Institute arising from the Use
Agreement remain unpaid by Contractor after the due date, the Institute may terminate the
Use Agreement under Article 17 below, and may suspend the provision of the Service until
the Institute receives such payment from Contractor.
3. The Institute shall assume no liability for damages, if any, suffered by Contractor or any
other person in connection with a delay in the commencement of, or non-commencement of,
the provision of the Service pursuant to the preceding paragraph.

(AtomWork-Adv Service Terms of Use)Article 10: Trial Use
1. The person who has completed registration for use pursuant to paragraph 1 of Article 4
above may obtain a temporary access right, free of charge, only for up to seventy-two (72)hours from the use registration for the purpose of trial use and may thereby use the Service.
For the avoidance of doubt, the Download Function shall not be available during the trial use
period, irrespective of which type of license has been applied for. The number of browsablepages during the trial use period shall be subject to the limitation specified by the Institute,and if the number of pages browsed exceeds such limitation, the trial use period shallterminate.
2. Even during the trial use period, the Use Agreement shall be concluded and all provisionsof these Terms other than the payment of the service charge shall apply. For example, theregistrants may not transfer or lend to any third party the ID-PW granted for use described in
the preceding paragraph. Furthermore, the registrants shall not conduct web scraping andother acts that are prohibited under Article 12 below.
Article 11: Rights to Data, etc.
1. The rights to use and manage the DATA that are provided through AtomWork-Adv and theService is held by the Institute. Copyrights to AtomWork-Adv, all web pages on the Site andthe systems in general are also held by the Institute.
2. The Institute shall license Contractors to use the DATA only for use by themselves for the
purpose of education, or research and development or product development and the
manufacture of products so developed, and review pertaining to the foregoing.
3. When Contractor or any of the Users publishes any deliverables of research anddevelopment or product development using the DATA, Contractor or the User shall indicate
the names of the Institute and the Service as the source of data in the following manner.
However, this shall not apply when the Institute has approved the omission of such anindication.
(1) The following statement or other similar descriptions shall be clearly included as an
acknowledgment.
“This research was conducted (in part) using the AtomWork-Adv provided by the Materials
Data Platform (MDPF) of the National Institute for Materials Science (NIMS).”(2) When the Service is referred to in a research paper, etc., the appropriate references as
selected from the list posted on the DICE portal site shall be indicated as the source. If there
are no appropriate references, the following shall be indicated:“AtomWork-Adv: https://atomwork-adv.nims.go.jp/ National Institute for Materials Science(NIMS), date accessed”(AtomWork-Adv Service Terms of Use)(3) When data is cited in a research paper, etc., if a digital object identifier (DOI) is assigned
to the data, the DOI shall be indicated as the source. If no DOI is assigned, the following shallbe indicated:“AtomWork-Adv: URL of the data page, National Institute for Materials Science (NIMS),
date accessed”
4. If Contractors or the Users have any questions about the Institute’s rights relevant to theuse or exploitation of the DATA, Users’ obligation to display the source, etc., please contact
the user consultation service (atomwork-adv@nims.go.jp).
Article 12: Prohibited Acts
Contractors shall not conduct the following acts. Furthermore, Contractors shall takeappropriate measures to prevent the Users from conducting the following acts, and if theUser conducts any of the following acts, such act shall be deemed to be a violation by
Contractor itself of the obligation, and Contractor shall assume liability to the Institute forsuch act (including liability for damages).
(1) All acts of using the DATA other than use licensed under paragraph 2 of the preceding
Article (including copying, translation, adaption, derivative use, transmission, uploading,
distribution, assignment, lending, licensing or merchandising other than use licensed underparagraph 2 of the preceding Article);(2) Act of selling or distributing the DATA or Processed DATA through publication,
download sales or by other means. However, publication of deliverables of research anddevelopment or product development using the DATA shall be excluded;(3) Act of reprinting the DATA or Processed DATA in documents, websites, etc. However,the publication of deliverables of research and development or product development using
the DATA shall be excluded;(4) Use of the Service in violation of these Terms;(5) Web scraping (meaning automatic extraction of data from web pages by using a
program);(6) Resales of the Service, provision or sublicensing of use of the Service to a third party;(7) All acts of making the functions of the Service available to any person other than thosedescribed in paragraph 2 of Article 7 above;(8) Act of Contractor as a corporation to make the functions of the Service available for use
by any person other than their officers, employees or workers (including dispatched workers);(9) Disclosure, provision or sublicensing use of the ID-PW to a third party and other acts
in connection with the ID-PW, except for those licensed under these Terms;(10) Act of attempting an unauthorized access to the system of the Institute or Service, and(AtomWork-Adv Service Terms of Use)the act of sending a virus or otherwise disrupting the server or network;(11) Act that may interfere with the operation of services by the Institute;(12) Act of impersonating another Contractor or User;(13) Act of offering benefits directly or indirectly to an anti-social force in connection withthe services of the Institute;(14) Act of using the Service for the purpose of developing, designing, producing, storing
or using nuclear weapons, chemical weapons, biological weapons, missile weapons or othermass destruction weapons, which are restricted by the Foreign Exchange and Foreign Trade
Act and its relevant regulations, for the purpose of military application or for the purpose ofotherwise hindering the maintenance of international peace and security, or using the Service
in order to make the DATA or Processed DATA available to a third party working on such a
purpose;(15) Any other acts deemed inappropriate by the Institute.
Article 13: No Transfer of Rights
Contractors shall not transfer to others the whole or any part of the rights or obligations they
have as Contractor of the Service.
Article 14: Handling of Contractor Information
1. The accessing device’s IP address, content of requests, use time, usage environment,
response results given to and other such data of Contractors or the Users are automaticallycollected in connection with the Service. Before using AtomWork-Adv and the Service,
Contractors shall agree that the access logs so collected will be used as information formaking a decision in response to inquiries by Contractors or the Users, system maintenance,
analysis of use, improvement in convenience of services, etc. The Institute will not use suchaccess logs for any purpose other than the above-described purposes.
2. In addition to the provision of the preceding paragraph, the site policy and the privacy
policy shall apply to the protection of the information and privacy of Contractors and the Usersin connection with the use of AtomWork-Adv and the Service.
3. Contractors agree that the Institute may disclose the information described in thepreceding two paragraphs to third parties in the following cases.
(1) When the person related to the information agrees to the disclosure;(2) When the Institute is required by laws or regulations to disclose such information.
Article 15: Disclaimer
1. If a dispute with a third party arises out of use of AtomWork-Adv and the Service,(AtomWork-Adv Service Terms of Use)Contractor shall settle the dispute at its own responsibility and cost, and the Institute shallassume no liability for such dispute.
2. The DATA provided through AtomWork-Adv and the Service may be subject to additions,amendments or deletions without notice. The Institute shall assume no liability for any
damages caused by amendments, additions, deletions, etc., of the content of the DATA.
3. The Institute shall assume no legal liability for the DATA provided through AtomWork-Adv
and the Service, nor shall the Institute provide any warranty as for the quality of the DATA,
including, without limitation, the integrity or accuracy of information. The Institute shalltherefore assume no liability for any damage caused as a result of development or other acts
conducted by using the DATA.
4. The Institute shall not be concerned with, or assume liability for, the content of websitesthat are provided by other organizations and linked from AtomWork-Adv and the Service.
5. The Institute shall assume no obligation or liability for any of the following items:(1) The DATA satisfy the requirements of Contractors; or(2) AtomWork-Adv and the Service are operated and available at all times, and that failureor trouble is not caused in providing the DATA contained therein.
6. When a default on the part of the Institute is not caused by willfulness or gross negligenceof the Institute, the Institute shall be relieved of liability for the default. Even when the Instituteassumes liability for any reason, the Institute shall assume the liability for compensation only
for direct damages that can be incurred ordinarily.
Article 16: Service Change, etc.
1. The Institute may change, suspend or discontinue the whole or any part of AtomWork-Adv
and the Service at any time without giving prior notice to Contractors when the Institutedeems such change, suspension or discontinuance to be necessary (including all cases
where the Institute deems such change, suspension or discontinuance to be necessary forany operational or technical reason, including, without limitation, cases where system
maintenance is conducted and cases where a power failure or other event makes theprovision of services impossible), and Contractors shall consent thereto.
2. The Institute may discontinue the provision of AtomWork-Adv and the Service by giving
one (1) month prior notice to Contractors. The notice shall be deemed to have been agreed
by all Contractors when it has been posted on the Site for one (1) month.
3. When the Institute changes, suspends or discontinues or interrupts AtomWork-Adv andthe Service pursuant to the provision of paragraph 1 above, the Institute shall assume no
liability to Contractors, and Contractors shall consent thereto. The same shall apply to thecase where the Institute terminates the provision of AtomWork-Adv pursuant to the preceding(AtomWork-Adv Service Terms of Use)paragraph.
4. If the Institute terminates the provision of the Service pursuant to the provision ofparagraph 2 above, when Contractors request that such portion of the annual service charge
already paid by them as is allocable to the period after the termination (hereinafter referred
to as “Remaining Period’s Charge”) be adjusted, they shall notify the user consultation
service (atomwork-adv@nims.go.jp), by the method designated by the Institute, of
information about the account at a financial institution to which the relevant money shall beremitted. The Institute shall calculate the Remaining Period’s Charge on a pro-rated daily
basis and refund the amount so calculated to Contractors that request the adjustment andhave provided information, by the method designated by the Institute, on the financial
institution to which the relevant money shall be remitted (with fractions of less than one (1)day discarded). Fees to remit the money for adjustment shall be borne by Contractors.
However, when Contractors have not claimed the return of the Remaining Period’s Charge
after elapse of one (1) year from the date of the suspension of use, they shall lose the rights
to claim the return. The Institute shall not assume any liability other than the liabilities relevant
to such adjustment, and Contractors shall consent thereto.
Article 17: Termination of Use Agreement
1. If the Institute judges that one of the following events exists in relation to Contractor or anyof the Users, the Institute may immediately terminate the Use Agreement of the Service andsuspend the use of the Service by Contractor without giving prior notice to, or obtaining theprior consent of, Contractor.
(1) If one of the events described in the items of paragraph 2 of Article 4 above exists or is
likely to exist in relation to Contractor;(2) If Contractor fails to pay the whole or any part of the service charge by the due dateset forth in paragraph 1 of Article 9 above;(3) If Contractor or any of their Users has caused or allowed a person not satisfying therequirements of paragraph 2 of Article 7 above or other than those permitted under thatparagraph to use the Service;(4) If Contractor or any of the Users has committed or may have committed an act inviolation of paragraph 2 of Article 11 or Article 12 above, including use of the Service for any
purpose other than education or research and development;(5) If Contractor or any of the Users has spread false information relating to AtomWorkAdv or the Service or otherwise interfered with the operation or damaged the credibility of
the Institute;(6) If Contractor has violated these Terms;(AtomWork-Adv Service Terms of Use)(7) If Contractor has been required to follow attachment or disposition for failure inpayment;(8) If a petition for the commencement of bankruptcy, special liquidation, civil rehabilitationor corporate reorganization proceedings has been filed by or against Contractor;(9) If Contractor has been required to follow dissolution or business suspension disposition.
2. If the Institute terminates the Use Agreement pursuant to the preceding paragraph, theInstitute shall not assume any liability for damages caused to Contractor, the Users or third
parties due to such termination, and Contractors shall consent thereto.
Article 18: Reporting of Use
Contractors shall submit a user report in the manner specified by the Institute by thedesignated date of each fiscal year during the use period of the Service.
Article 19: Effect after Termination of Agreement
1. When the Use Agreement terminates due to expiration of the term, termination pursuant
to the preceding Article or in any other manner, Contractor shall lose the rights to use theService and shall not use the Service or cause the Service to be used by the Users thereafter.
Upon request of the Institute, Contractor shall submit a written acknowledgement to provide
assurance on compliance with the same.
2. Even after the termination of Use Agreement, these Terms shall remain in force withrespect to matters arising in connection with use of the Service.
Article 20: Miscellaneous
1. The formation, effect, implementation and interpretation of these Terms shall be governedby the laws of Japan.
2. All disputes arising in connection with these Terms, Service Use Agreement, AtomWorkAdv and the Service shall be referred to the Tokyo District Court as the court of first instancehaving exclusive jurisdiction.
3. Notwithstanding the preceding paragraph, when the address of the individual Contractor
exists outside Japan, and when the location of the head office of the corporate Contractor
exists outside Japan, disputes arising in connection with these Terms and/or the Use
Agreement between Contractor and the Institute shall be settled only by arbitration by theJapan Commercial Arbitration Association in Tokyo, Japan in accordance with its Arbitration
Rules. The arbitral award shall be final and binding upon both Contractor and the Institute.
The arbitration expenses (including fees of attorneys and lawyers) shall be borne by thelosing party unless otherwise specified in the arbitral award.

(AtomWork-Adv Service Terms of Use)

4. The failure at any time of either Party to enforce or require strict compliance with any
provision of the Use Agreement and/or these Terms shall in no way be construed as a waiverof such provision nor in any way be construed to affect the right of such Party to thereafter
enforce that or any other provision .
5. The Japanese version of the Use Agreement and these Terms shall be the official version.
In the event of any conflict between the provisions of the Japanese version and the English
language translation thereof, the provisions of the Japanese version shall prevail.

Supplementary Provision
These Terms shall come into force as from April 1, 2018, and applied starting from April 1,
2018.
Supplementary Provision (June 26, 2023)
These Terms shall come into force as of August 1, 2023.
Supplementary Provisions (March 25, 2024)
These Terms shall come into force as of April 8, 2024.
Supplementary Provisions (August 1, 2024)
These Terms shall come into force as of August 1, 2024.

(AtomWork-Adv Service Terms of Use)