Chapter 1 General Provisions

Article 1- Definition

The definition of the terms used in these Terms of Use shall be as set forth in each of the items below:

1. “Site” means the website managed and operated by NICT which has the character string of ai-data.nict.go.jp in the domain.
2. “Service” means the service of provision of data conducted by NICT through the Site.
3. “Database” means each database provided by NICT or a third party in the Service.
4. “Data” means each data constituting the Database.
5. “Individual Terms” means the terms of use of the Database as stipulated by NICT or a third party provider of such Database with respect to each of such Database provided in the Service.
6. “Use Contract” means the contract concerning the use of the Service which is concluded between NICT and User, and includes these Terms and Individual Terms.
7. “Intellectual Property Rights” mean copyrights, patent rights, utility model rights, design rights, trademark rights and other intellectual property rights (including the right to obtain any such right or apply for registration, etc. of any such right).

Article 2- Application

• 1. These Terms aim to stipulate the terms of the provision of the Service and the relationships of rights and obligations between NICT and User with respect to the use of the Service, and shall apply to all relationships between NICT and User with respect to the use of the Service.
• 2. When User has consented to these Terms, Use Contract that has these Terms included in its content shall be deemed to have been formed between User and NICT, and User may start using the Service in accordance with these Terms. User shall be deemed to have consented to these Terms at the time when User starts using the Service.
• 3. The terms concerning the use of the Service which are posted by NICT on the Site shall constitute a part of these Terms.
• 4. In cases of conflicts between the content of these Terms and the content of Individual Terms or the terms under the preceding paragraph (hereinafter referred to as “Individual Terms, etc.”), the provision of such Individual Terms, etc. shall prevail over the provision of these Terms, unless otherwise provided for in such Individual Terms, etc.
• 5. In the event that User uses the Database or the Data on any website provided by a third party other than the Site, User shall observe terms of use stipulated by such third party, in addition to these Terms.

Article 3- Amendment

• 1. NICT may at its judgment amend or add the content of these Terms at any time. These Terms after the amendment shall be posted on the Site or notified to User by the method separately established by NICT, unless otherwise provided for by NICT.
• 2. The content of these Terms, provided at the time of download, shall apply to the Database or the Data to be used by User. The Terms after the Amendment shall not apply for User who has downloaded the data before the Amendment. In case User downloads the Database or the Data again after the Amendment, the Terms after the Amendment shall apply.

Chapter 2 Provision of the Service

Article 4- Provision of the Service

• 1. User may, subject to the condition that User consents to these Terms and Individual Terms, inspect, search and download the Database and the Data provided by NICT and a third party, by using the Service.
• 2. NICT may from time to time make addition, change, deletion, etc. of the content of the Database and the Data provided through the Service. The Service shall be provided to User on an as-is basis.
• 3. As to more detailed contents, functions, etc. of the Service, User is requested to refer to the pages related to each Service on the Site. Please note that NICT may from time to time make addition, change, deletion, etc. of the contents, functions, etc. of the Service in its judgement without prior notice.

Article 5- Use Fee, Calculation Method, Etc.

No fee shall be charged for the use of the Service. NICT may change the fee for the Service in its judgment.

Article 6- Intellectual Property Rights, Etc.

• 1. Any and all Intellectual Property Rights pertaining to tangible or intangible materials (software programs, database, icons, images, texts, manuals and other related documents, etc.) constituting the Site, the Database, the Data and the Service shall belong to NICT or a third party partnered with NICT.
• 2. Notwithstanding the provision of the preceding paragraph, Intellectual Property Rights newly created by User by using the Database and the Data (hereinafter referred to as “Database, etc.”) shall belong to such User who created such Intellectual Property Rights.

Article 7- Database, Etc.

• 1. NICT shall grant to User a license to use the Database, etc. provided by NICT only for User’s own research and development activities.
• 2. User shall, for commercial purpose or non-commercial purpose, not transfer, distribute, lend, publicly transmit the Database or any derivatives created by User depending on the Database, to any third party.
• 3. User shall not have the authority to make disclosure, correction/addition/removal of content, deletion, discontinuation of use and discontinuation of provision of the Database, etc., except for what are expressly provided for in these Terms and Individual Terms.
• 4. User shall, when using the Data, always indicate the source of the Data. When User uses the Data by compilation, processing, etc. thereof, User shall indicate the source of the Data and further, indicate that User has conducted such compilation, processing, etc. of the Data.

Chapter 3 Other General Terms and Conditions

Article 8- Telecommunications Line

• 1. Telecommunications lines connected to the Site from terminal devices used by User shall be secured and maintained at the responsibility and cost of User, and NICT shall not assume any responsibility therefor.
• 2. User shall bear all communication costs required for the use of the Service.

Article 9- Input and Management of Data

User shall at its responsibility preserve necessary information with respect to the Data, etc. input, provided or transmitted in connection with the use of the Service.

Article 10- Consignment

NICT may consign to a third party all or a part of affairs related to the provision of the Service without consent of User; provided, however, that in such cases, NICT shall responsibly manage such consignee.

Article 11- Prohibited Acts

User shall not conduct any of the acts set forth below when using the Service:

• (1) Act that violates or is likely to violate applicable laws, these Terms, or Use Contract;
• (2) Act against public morale and order;
• (3) Act of use with the aim of threatening the security of the State and the nation;
• (4) Act that obstructs or is likely to obstruct the use by other Users;
• (5) Act of making improper access to, or cracking of, hardware or software constituting the Service, the Database, or the Data, or act that causes or is likely to cause a hindrance to the Site, and the equipment, etc. related to the provision of the Service;
• (6) Act that obstructs or is likely to obstruct the provision of the Service;
• (7) Act of analyzing or reverse engineering software constituting the Service, the Database or the Data, or act of obtaining or attempting to obtain the source code;
• (8) Act that identifies or specifies or is likely to identify or specify specific individuals by using the Database, etc.;
• (9) Act that inspects, modifies or alters or is likely to inspect, modify or alter contents of the Database, etc. by a method other than the ones approved under these Terms.

Article 12- Claim, Etc. by Third Party

• 1. Upon occurrence of a complaint, dispute or any other claim (hereinafter referred to as “claim, etc.”) from a third party to User in connection with the use of the Service, User shall immediately notify NICT in writing of such claim, etc.
• 2. NICT shall not assume any responsibility for a claim, etc. that occurs between User and a third party in connection with the use of the Service, unless such claim, etc. occurs due to a cause attributable to NICT. Further, in the event that a claim, etc. occurs due to a cause attributable to NICT and when NICT has lost an opportunity to appropriately defend such claim, etc. due to User’s failure to promptly notify NICT of the occurrence thereof in violation of the provision of the preceding paragraph or due to any other similar reason, NICT shall not assume any responsibility whatsoever for any such claim, etc.

Article 13- Limitation of Warranty

• 1. NICT hereby disclaims the warranty for fitness for particular purpose and the warranty for realization of specific results with respect to the Service as well as the Database and the Data obtained through the Service.
• 2. NICT hereby disclaims the completeness, accuracy and comprehensiveness of the Data provided in the Service and the permanent provision of the Data.
• 3. NICT hereby disclaims the safety of the websites related to the Database and the Data which are provided by a third party partnered with NICT.
• 4. NICT hereby disclaims the warranty that User can use the Service satisfactorily in any operating system or any web browser, and further disclaims the obligation to conduct operational verification, improvement or any other action, etc. to provide such warranty.
• 5. NICT will make maximum efforts to ensure that the Service is free from any bug, etc. when providing the Service. However, NICT will provide the Service on an as-is basis, and therefore hereby disclaims the warranty that the Service is free from any bug or defect.

Article 14- Exemption and Limitation of Liability

User shall use the Service at the responsibility of User, and NICT shall not assume any liability for damages and disadvantages that may occur to User as a result of the use of the Database, etc. and the Service.

Article 15- Suspension of the Service

• 1. NICT shall temporarily suspend the Service for maintenance work on a regular basis or as needed.
• 2. NICT shall, when conducting maintenance work, notify User to that effect in advance; provided, however, that in case of emergency NICT may suspend the Service without prior notice and notify User to that effect promptly after the fact.
• 3. In addition to what is provided in Paragraph 1, NICT may temporarily suspend the Service when the continuation of the Service is judged to be likely to cause a serious hindrance to User due to obstructive behavior, etc. of a third party or when there are unavoidable reasons.
• 4. NICT shall not assume any liability for disadvantages and damages that may occur to User as a result of the suspension of the Service as prescribed in this Article.

Article 16- Discontinuation of the Service

NICT shall have the right to discontinue the Service, in whole or in part, at any time.

Article 17- Discontinuation of Use and Cancellation by NICT

• 1. NICT may discontinue providing the Service, or cancel Use Contract, in whole or in part, without the need to give notice to User, when User is judged to fall under any of the items below:
  • (1) When User conducts act of causing a hindrance to the business operations of NICT;
  • (2) When User violates laws, ordinances or regulations, or Use Contract;
  • (3) When User is subjected to attachment, provisional attachment, provisional disposition, tax delinquency disposition, or other disposition of public authority with respect to any important asset of User, or User files a petition for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings or special liquidation;
  • (4) When User dissolves itself or transfers all of its businesses, or has adopted a resolution therefor;
  • (5) When User has a dishonor of a bill or a check issued or accepted by User, or User has come to suspend payment;
  • (6) When User is subjected to disposition of suspension of its business, or cancellation of its business license or business registration by a supervisory agency
• 2. NICT may cancel Use Contract, in whole or in part, if a significant cause that makes difficult the continuation of the provision of the Service occurs due to violation of Use Contract, etc. by User or a reason attributable to User (hereinafter referred to as “violation, etc.”) and, despite a written notice requesting correction of such violation, etc., User has not remedied such violation, etc. within fourteen days.

Article 18- Actions Taken after the Termination of Use Contract

When Use Contract terminates for whatever reason, User shall immediately stop using the Service and may not use the Service thereafter.

Article 19- Notice

Notices related to the Service, and notices from NICT to User pursuant to these Terms shall be given by email or by the methods specified by NICT. Any such notice shall be deemed to become effective upon transmission thereof from NICT.

Article 20- Assignment, Etc. of the Status Under Use Contract

• 1. User shall not, without the prior written consent of NICT, cause a third party to succeed to the contractual status under Use Contract, or assign or pledge to a third party, or cause to be succeeded to by a third party, all or a part of the rights and obligations under Use Contract.
• 2. In the event that NICT transfers its research and development division relating to the Service to another corporation, NICT may, as a result of such transfer, assign the status under Use Contract and the rights and obligations under these Terms to the transferee, and User hereby agrees in advance to such transfer and assignment under this Paragraph. Such transfer and assignment provided for in this Paragraph shall include any and all cases of transfer and assignment of the research and development division due to restructuring, consolidation, disestablishment or any other reason.

Article 21- Severability

If any of the provisions of these Terms or part thereof is held to be invalid or unenforceable, the remaining provisions thereof, or the remaining part of the provision deemed invalid or unenforceable shall continue to be in full effect and force.

Article 22- Force Majeure

If the performance of the Service by NICT is disrupted due to a natural disaster, enactment/alteration/discontinuation of a law, or any other force majeure event, NICT shall not assume any liability for damages incurred by User due to such force majeure, notwithstanding the provisions of Use Contract and any other provision.

Article 23- Settlement through Discussion

Any objection, doubt or ambiguity as to the interpretation of any provision of these Terms or matters not provided for in these Terms shall be amicably settled through good-faith discussion between NICT and User.

Article 24- Governing Law and Competent Court

Matters concerning the Use Contract shall be governed by the laws of Japan, and shall be brought to the exclusive jurisdiction of the Tokyo District Court in charge of the first instance.

Established on May 29, 2019

Amended on October 6, 2019