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OCW@KU Guideline

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1. About the OCW@KU Project

The OCW@KU Project, which involves making educational course materials available to the public via a website, was initiated through a cooperative relationship with the OCW Project at the Massachusetts Institute of Technology (MIT).

The goal of the OCW@KU Project is to transmit educational information from Kyoto University to the rest of the world. Through this project, we will gather intellectual assets common to all people from around the world, and create an environment in which anyone can use this information. The ultimate goal is to contribute to the improvement of educational environments not only in Japan but throughout the world. Specifically, we will provide educational materials free of charge to students and instructors in Japan and around the world, and provide support to universities worldwide, and particularly those in Japan, in starting up similar projects.

2. Purpose of these Guidelines

These guidelines include usage conditions and items for confirmation prior to use by persons (“Users”) using course materials and any other information (the “Materials”) contained in the OCW@KU website provided by Kyoto University (“the Website”) and made available via the Website.

Kyoto University licenses the use of the Materials on the condition that the User complies with these Guidelines, and in the event that a User uses the Materials, that user is deemed to have consented to the conditions listed in these Guidelines.

3. Usage License

(1) Kyoto University hereby licenses the use of the Materials in the following formats, on the condition that the User complies with the items listed in these Guidelines, including the limitation of such usage to personal study, non-profit, and educational purposes.

- Copying

- Distribution of copies

- Distribution via the Internet

- Translation

EModification by means other than translation*

* Translation and Modifications by means other than translation as described in (a) and (b) below are not included in the Materials subject to license usage in 4 and 5 above.

(a) Translation or Modification by means other than translation of “third-party works” as defined in Section 4(1) below.

(b) Translation of the Materials of Modification by means other than translation that would detract from the ability of the Materials to satisfy the conditions of legal transactions under copyright laws related to “third-party works.”

(2) Kyoto University hereby licenses the use of the Materials according to the preceding paragraph, for an unlimited period of time, in any country, and free of charge, on the condition that such usage is limited to non-exclusive, non-profit, educational purposes. (Hereinafter, a usage license based on these Guidelines shall be referred to as “This Usage License.”)

4. Possession of rights, etc.

(1) Copyrights related to this Website and the Materials contained herein are, as a rule, owned by Kyoto University, the instructors of Kyoto University, or the owners of copyrights for copyrighted works quoted or otherwise reprinted in these Materials. (Hereinafter, all three of these parties shall be collectively referred to as “the Copyright Owners.”)

(2) Kyoto University only licenses usage within the scope indicated in these Guidelines; all rights not indicated herein shall remain the property of the Copyright Owners. Kyoto University in no way whatsoever transfers to the User any copyrights or other intellectual property rights related to this Website or the Materials contained therein.

(3) Kyoto University may at any time add to, delete, or otherwise change the contents or addresses included in this Website, or the Materials contained therein.

5. Handling of third-party works included in these Materials

(1) The Materials may contain works for which usage has been licensed to Kyoto University or its instructors by a third party. (Hereinafter, these works shall be referred to as “Third Party Licensed Works.”) Third Party Licensed Works are indicated by a “Usage License Mark [*].”

(2) These Guidelines do not authorize the User to use third-party works based on translation or modification by means other than translation.

(3) Even when these Materials are used in accordance with “2. Usage License” in these Guidelines, if third-party works included in the Materials in question include a “Usage License Requirement Mark” indicating that usage authorization from the rights owner is required, then the User must receive authorization for use of the third-party works in question directly from the relevant rights owner.

(4) The User must abide by the stipulations of Paragraphs (2) and (3) of this Article, and must not use the third-party works in a manner that would infringe upon the copyrights of those works.

6. Declaration of copyrights, etc.

(1) In the event that a User uses the Materials for any purpose other than personal use, the User must clearly and appropriately indicate that the Copyrights for the Materials are owned by Kyoto University or the relevant Copyright Owner.

(2) The Declaration of Copyrights stipulated in the preceding paragraph must include the following: (a) The name of the Kyoto University instructor who created the Materials in question; (b) the year that the Materials were published; (c) the title of the Materials; (d) the fact that the Materials are based on this Website; (e) mention that the Materials have been modified (in the event that such modifications were made); (f) the fact that the copyrights for the Materials belong to Kyoto University or other Copyright Owner; and (g) the following notation: “Copyright ©______ (year in which the Materials were published, as indicated in (b) above). For example, we recommend the following Declaration of Copyrights:

(In cases where the Course Materials are used in their original form)

“These materials, which were included in the Kyoto University OCW Website, are Course Materials for the Course “_______” (______(Year)) taught by Kyoto University Professor _______. Copyrights for these materials are owned by Kyoto University. Copyright © _______(year) Kyoto University.”

(In cases where the Course Materials are used with modifications)

“These materials were created by making some modifications to Course Materials for the Course “_______” (______(Year)) taught by Kyoto University Professor _______. Copyrights for the original materials, which were included in the Kyoto University OCW Website, are owned by Kyoto University. Copyright © _____(year) Kyoto University” (*Indication of Copyrights for original version of secondary works.)

(3) With the exception of the Declaration of Copyrights stipulated in this Article, the User shall not use the names “Kyoto University,” “Kyoto U,” “OCW@KU,” the names of Kyoto University instructors, or any other trademarks belonging to Kyoto University, without first obtaining written authorization from Kyoto University.

(4) In the event that a request is received from Kyoto University or a Kyoto University instructor, the User must delete any names or trademarks as described in the previous paragraph from any materials created based on these Materials.

7. Format of usage

(1) The User shall not use these Materials in any way that would damage the good name or reputation of Kyoto University or a Kyoto University instructor.

(2) In using these Materials, the User may not propose to or impose upon a third party any conditions that would limit or change the provisions of these Guidelines.

8. Responsibilities of the User

In the handling of these Materials and any information contained in this Website, the User shall take full personal responsibility for complying with the copyright laws of each country and other applicable laws as well as usage conditions based on these Guidelines, and for complying with all applicable regulations with regard to Third Party Licensed Works and other relevant materials.

9. Licensing conditions for re-use

(1) In the event that the User distributes all or part of these Materials, or a modified version of these Materials, via the Internet or other means, the User shall attach and abide by the same conditions as those included in these Guidelines.

(2) In the event that the User distributes the Materials via the Internet or other means as described in the preceding paragraph, Kyoto University agrees to license usage of the Materials to the recipients based on the same conditions as those included in these Guidelines.

10. Exemption from liability

Kyoto University and its instructors shall make sincere efforts to ensure the accuracy and quality of the content of the Materials in accordance with the academic standards set by Kyoto University, but legally, Kyoto University and its instructors in no way make guarantees regarding the content of said Materials, including but not limited to the accuracy or quality of the Materials, their applicability to specified purposes, the potential for commercialization, or non-infringement upon any rights, and shall bear no responsibility for payment of damages or similar reparations under any circumstances whatsoever.

11. Termination of licensing

(1) The usage license for the Materials shall be deemed to have terminated at the completion of the term of copyright protection for all works by the relevant Copyright owners included in Materials used by the User. However, in the event that the User violates these Guidelines, the license shall be terminated at the time of said violation.

(2) In the event that any person receives from a User all or part of these Materials, or a modified version of these Materials, the usage license shall continue to apply to that person, as long as that person abides by the conditions included in these Guidelines.

(3) Even after the termination of the usage license, the following stipulations shall continue to be valid: “4. Handling of third-party works included in these Materials”; “6. Format of usage (1)”; “7. Responsibilities of the User”; “9. Exemption from liability”; “11. General provisions”; and “12. Governing laws and jurisdiction.”

12. General provisions

(1) Even in the event that a part of the provisions of these Guidelines are deemed invalid or non-executable under the applicable laws of a given country, provisions that have automatically become invalid or non-executable, and which do not affect other provisions, shall undergo the minimum modifications necessary to become valid and executable.

(2) Kyoto University may change the content of these Guidelines according to methods described on the Website.

13. Governing laws and jurisdiction

With regard to these Materials and any other items related to the Website, the governing laws shall be the laws of Japan, and the 1st exclusive agreement jurisdictional court shall be the Kyoto District Court of Japan.

14. Supplementary provision

These guidelines shall become effective as of May 13, 2005.