LICENSING AGREEMENT ON FREE UTILIZATION OF
WHOLE-BODY HUMAN DATABASE OF JAPANESEAVERAGE ADULT MALES AND FEMALES
National Institute of Information and Communications Technology,
Incorporated Administrative Agency (hereinafter referred to as “NICT”) and ~University, ~ Faculty, ~ (hereinafter referred to as “LICENSEE”) entered into anagreement (hereinafter referred to as the “present agreement”) on the license ofthe whole-body human database of Japanese average adult males and females(hereinafter referred to as the “present database”) under the following articles.
(Gist of Agreement)
Article 1:
NICT shall grant to LICENSEE the fundamental utilization licenseof the present database.
(Contents of Fundamental Utilization License)
Article 2:
The fundamental license NICT granted to LICENSEE based on thepresent agreement shall be a worldwide, nonexclusive license.
Article 2-2: LICENSEE can take actions stipulated in the following items on its
own responsibility with the aim of nonprofit research utilization based on thepresent agreement.
1. LICENSEE enables itself and researchers belonging to LICENSEE’s
research room and research group under LICENSEE’s control and supervision toutilize the present database.
2. LICENSEE can make only a single duplicate copy of the present
database in an optional medium only for the purpose of backup or conservation.
3. LICENSEE can add part of the present database to the database
LICENSEE has already retained.
4. LICENSEE can make an alteration, edition, etc. (hereinafter referred toas “alteration etc.”) of all or part of the present database.
Article 2-3: LICENSEE cannot license, assign, loan or offer as collateral thepresent database and fundamental license to third parties.
(Prohibited Matter):
Article 3:
LICENSEE cannot utilize the present database with respect to thematter applicable or likely to be applicable to each of the following items.
1. Matters not approvable under normal social conventions.
2. Matters offensive to public order and morals.
3. Matters constituting a violation of fundamental human rights of anindividual.
4. Specifying the test subjects or bringing the test subjects to a state
assumable by third parties.
5. Profit-making utilization.

(Delivery and Introduction of Present Database):
Article 4:
NICT shall deliver the present database to LICENSEE in theproviding form NICT prescribed.
Article 4-2:
Upon examining the present database NICT provided, LICENSEE shallperform the introduction and adequate operation of the present database on its
own responsibility.
(Announcement of Results)
Article 5:
When announcing the results of use of the present database,
LICENSEE shall refer to “use of the whole-body human database of Japanese
average adult males and females jointly developed by National Institute ofInformation and Communications Technology, Incorporated Administrative
Agency, Kitasato University, Keio University and Tokyo Metropolitan
University” or cite in the paper of the following treaty.
Tomoaki Nagaoka, Soichi Watanabe, Kiyoko Sakurai, Etsuo Kunieda, SatoshiWatanabe, Masao Taki and Yukio Yamanaka, “Development of Realistic
High-Resolution Whole-Body Voxel Models of Japanese Adult Male and Femaleof Average Height and Weight, and Application of Models to Radio-Frequency
Electromagnetic-Field Dosimetry,” Physics in Medicine and Biology, Vol. 49, pp.
1-15, 2004.
Article 5-2: When announcing the results of use of the present database altered,
LICENSEE shall add to the explanation on the altered portions.
(Accountability)
Article 6:
LICENSEE shall report to NICT within a term from April 1 to April
30 every year on the utilization status of the present database including theresearch status, research results and result announcement performed within theterm from April 1 of the last year or the effective date of the agreement to March
31 of this year.
(Handling of changes etc. of fundamental Licensee)
Article 7:
When the right holder of the fundamental license of the present
database has anything to change including affiliation, organization reform,
employee movement, etc., LICENSEE shall inform NICT beforehand of it inwriting.
(Attribution of copyright etc.)
Article 8:
The intellectual property rights including the copyrights, the rightsof ownership in accordance with the Civil Code and all other rights belong toNICT. Furthermore, the present database partially altered or edited similarly
belongs to NICT.

(Immunity)
Article 9:
NICT has no responsibility for the defects of the present databaseand altered database at all to the fullest extent irrespective of any legal reason.
Article 9-2: NICT has no responsibility for all the damages incurred in respect ofthe present database at all to the fullest extent.
(Duty to Keep Secret)
Article 10: NICT and LICENSEE shall not leak to third parties the confidential
information of the counterparty obtained based on the present agreement.
When NICT and LICENSEE disclose the confidential information to third party,
NICT or LICENSEE shall obtain a letter of consent in advance from thecounterparty. The information applicable to each of the following items is notregarded as the confidential information.
1. Information which has already become publicly known when being
disclosed or information which has become publicly known without depending on
the responsibility of the receiving party after being disclosed.
2. Information the receiving party has already retained when beingdisclosed.
3. Information received from authorized third parties without any duty tokeep secret.
4. Information independently developed and acquired without dependingon the confidential information disclosed from the counterparty to the receivingparty.
(Agreement Term):
Article 11 The present agreement shall be effective for three years from theeffective date of the present agreement insofar as the present agreement is notcancelled based on the provision of Article 12 below. The present agreement
shall effectively continues for one year when LICENSEE has had reasonablegrounds and informed NICT of the same 60 days before the termination of thepresent agreement and NICT has approved of the same, and thereafter as well.
(Immediate Termination of Agreement):
Article 12: NICT can offer cancellation of the agreement by way of a notice inwriting to LICENSEE when LICENSEE falls under each of items below. In thiscase, the agreement terminates on the day on which the offer of cancellation isnoticed.
1. when LICENSEE has violated the provisions of the present agreement.
2. when LICENSEE has attained the object of the research conductedutilizing the present database.
3. when LICENSEE has received an offer of levy, provisional levy,
provisional ruling or auction, or levy by delinquency in tax and public dues.
4. when LICENSEE has dishonored drafts and checks, received a petition
in bankruptcy, an offer of start of the civil rehabilitation proceedings, an offer ofstart of the corporate consolidation, an offer of start of the corporate
reorganization proceedings or a final return of liquidation.
5. when the organization including the research group and researchlaboratory to which LICENSEE belongs has been disbanded.
6. when the fact that the agreement was concluded based on false
indication and counterfactual report by LICENSEE has been aware of.
Article 12-2: When LICENSEE falls under any of the items under Article 12 tocancel the agreement, it loses the benefit up to the due date and shall fulfill allother obligations relating to the present agreement.
Article 12-3: When LICENSEE falls under any of the items under Article 12 tofind that intentional or negligent damages are given to NICT, in spite of thepresence or absence of the cancelled agreement, it shall compensate for theordinary direct damages resulting from the failure to pay financial debt or abuseof rights, provided that the case where damages are particularly determined in
the present agreement is excluded.
(Provision for Termination of Agreement):
Article 13: When the present agreement has terminated, the fundamental
license stipulated in Article 2 ceases to exist ex officio.
Article 13-2: LICENSEE shall return to NICT or purge all information relating to
the present database (including the duplicating and altered ones) utilized basedon the fundamental license in accordance with the instructions of NICT within 30
days of the date of termination of the present agreement and submit a defeat
certificate showing that the information has completely been purged fromresearch equipment etc.
Article 13-3: Even after the termination of the present agreement, Article 9(Immunity) and Article 10 (Duty to Keep Secret) further continue to exist
effectively.
(Conference):Article 14: As regards items not stipulated in the present agreement andinterpretational questions relating to each article, NICT and LICENSEE shallconfer separately to conspire amicable settlement.
(Court Jurisdiction and Applicable Law):
Article 15: With respect to an appeal relating to the present agreement, The
Tokyo District Court shall be designated as an exclusive competent court of firstinstant.
Article 15-2: The completion and effect of the present agreement and theinterpretation and execution of problems arising in re the present agreement
shall be pursuant to the Japanese Law.

In witness of the agreement conclusion, the present agreement wasprepared in duplicate. Each of NICT and LICENSEE retains the duplicate
having been signed and sealed.
Date:(NICT)
National Institute of Information and Communications
Technology, Incorporated Administrative Agency
4-2-1 Nukui-Kitamachi, Koganei-shi, Tokyo, Japan
Group Leader: Tatsuhito Ootake(Seal)[Signature](LICENSEE)(Name of Organization and Affiliation)(Address)(Post and Representative Researcher)[Signature](Seal)