The Cross-ministerial R&D Management System

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Terms of Use

Terms of Use

Note: This English translation of the "Cross-Ministerial R&D Management System: e-Rad Terms of Use" is an unofficial translation. Only the original Japanese text of term has legal effect, and the translation is to be used solely as reference material to aid in the understanding of Japanese term. MEXT and any other administrative institutionof the central government or independent administrative institution with jurisdiction over the procedures for handling this system shall not be responsible for the accuracy, reliability, or any consequence resulting from use of the information in this text.For all purposes of interpreting to any legal issue or dispute, users should consult the original Japanese text.

The Cross-ministerial R&D Management System: e-Rad Terms of Use

In order to use this cross-ministerial R&D management system (e-Rad) {hereinafter "this system"} and conduct the application procedures, it will be necessary to agree to all clauses in the Terms of Use below. Those who have used this system will be viewed as having consented to the Terms of Use below. Manifestation of the desire not to consent to this Terms of Use will be recognized only to mean that the said person will not use this system.


(Objective)
Clause 1: This Terms of Use concerns the use of this system, which is operated by the Ministry of Education, Culture, Sports, Science and Technology (MEXT). Its objective is to settle the items for which advance consent is necessary.

(Definition)
Clause 2: The meanings of the words employed in this Terms of Use shall be as in the following numbered items.
I. The "cross-ministerial R&D management system: e-Rad" refers to an electronic cross-ministerial system that processes over the Internet. It covers the series of R&D processes from the procedures for application to report on result based on competitive funding system.
II. The "system's user" refers to a researcher who undertakes application procedures using this system and/or a person in charge of clerical matters at the research institutions with which the researcher is affiliated.
III. "Electronic certificate" refers to the electronic certificate issued by the cross-ministerial R&D management system: e-Rad validation bureau in order to prove, when a system's user uses this system, that he/she is an authorized user.
IV. The "researcher number" refers to a unique number given one and only one to each individual researcher.

(Application Objects)
Clause 3: This Terms of Use shall be applied to all system's users.
2. The rules in using this system, which have been composed and attached to this Terms of Use, shall be applied to the system's users described in the previous.
3. The rules in using this system, which have been composed and attached to this Terms of Use , shall be made commonly known to this system's users through this system's portal site: http://www.e-rad.go.jp (hereinafter, "portal site").

(The Responsibility of the system's User)
Clause 4: The system's user shall use this system based on his/her own judgment and responsibility. Neither MEXT nor any other administrative institution of the central government or independent administrative institution with jurisdiction over the procedures for handling this system shall bear any kind of responsibility.
2. The system's user shall prepare at his/her own burden all the equipment (including software and items related to means of communication, etc.) necessary for using this system and the documents necessary for application procedures. Moreover, the communication expenses necessary for using this system as well as all other expenses related to using this system shall be borne by the system's user.
3. The system's user shall use the functions offered by this system and verify the state of processing the application procedures carried out suitably by himself/herself.
4. Administration of the ID, password, and electronic certificate (hereinafter, "ID/password, etc.") necessary when using this system and the responsibility emanating from management of these shall be borne by the system's user.
5. The system's user must strive to maintain the latest and accurate content concerning information registered in this system. Moreover, when a change in the registered content occurs, the necessary procedures should be taken promptly.

(Copyrights, etc.)
Clause 5 Intellectual property rights, such as all programs offered to this system's users as well as their copyrights related to written works (including this Terms of Use and the essentials to fill in on the application form are uploaded on the portal site. The same applies below.), the author's character rights and the know-how included in all of that will revert to MEXT or to another administrative institution of the central government or independent administrative institution with jurisdiction over the procedures for handling this system, unless clearly indicated otherwise in writing.
2. The system's user, when using this system, shall treat all programs offered by this system to the user and other written material, as in the following numbered items.
I. The system's user shall use the said items only for using this system in accordance with this Terms of Use.
II. The system's user shall not copy, change, edit, or distribute the said items beyond the scope permitted in advance by MEXT or another administrative institution of the central government or independent administrative institution with jurisdiction over the procedures for handling this system.
III. The system's user shall not lend or transfer the said items to a third party or use them as collateral, regardless of whether the purpose is for profit or not.
IV. The system's user shall not delete or change a copyright indication or trademark manifestation shown by MEXT or another administrative institution of the central government or independent administrative institution with jurisdiction over the procedures for handling this system.

(Privacy Policy)
Clause 6. The scope of the purpose of using personal information in this system shall be as proscribed in the following numbered items.
I. Personal information at the time of application shall be offered within the scope necessary to the administrative institutions of the central government or independent administrative institutions that use this system in order to eliminate unreasonable overlapping and excessive concentration. The necessary information shall also be offered to the Counsil for Sience and Tecnology Policy (CSTP) within the Cabinet Office.
II. Information about researchers shall be used within the same research institution with which the individual researcher is affiliated and offered to other research institutions which the researcher is affiliated.
2. The policy on handling personal information will be settled on separately.

(Service Time)
Clause 7: This system's service time shall be from 6 A.M. to 2 A.M. the following morning Mondays to Fridays and from 6 P.M. to 2 A.M. the following morning on Sundays.
2. MEXT shall be able to restrict use of this system by the system's users when this system is markedly crowded.
3. MEXT, in cases when any of the following numbered items is confirmed to be applicable, shall be able to stop, suspend, or interrupt this system's usage by inform that in advance on the portal. However, in cases of an emergency, that can be done without advance warning.
I. When a conservation maintenance is scheduled for the equipment forming this system.
II. When major trouble to this system has occurred due to the occurrence of a natural disaster, an accident, etc.
III. When, for other reasons, MEXT has judged that it is necessary to stop or suspend usage of this system.

(Forbidden Items/ Restrict to use)
Clause 8: The system's user, in using this system, must not carry out any of the acts listed in the following numbered items.
I. Use the system for a purpose other than application procedures
II. Improperly access to this system
III. Obstruct management or operation of this system
IV. Send files contaminated with a virus to this system
V. Carry out a false Information by application etc.
VI. Acquire or use the researcher number improperly or possess multiple numbers
VII. Carry out behavior that violates laws or public morals or acts that threaten to be that way
VIII. Additionally, conduct acts that harm operation of this system or acts that threaten to be that way.

2. When it has been recognized that a user has carried out an act listed in the numbers in the previous item or an act that threatens to be that way, MEXT can, without advance notification, suspend or restrict the usage of this system by the user.

(Registration of the Researcher and Research Institution of Affiliation as Well as Changes, Deletion)
Clause 9: Registration with this system by a researcher affiliated with a research institution shall be carried out by the person in charge of clerical matters at the said research institution. In the case of a researcher not affiliated with a research institution, MEXT shall conduct his/her registration. Moreover, when MEXT is to register for the said researcher, that researcher must provide the ministry with the request form for registration of the researcher number and a copy of a document issued by the central government or regional government proving his/her own name, birth date, address, etc.
2. Registration with this system of the research institution of affiliation shall be carried out by MEXT. When MEXT is to register the said research institution, the research institution must provide MEXT with a document of proof of the registration items or a transcription from a registration book proving the institution's existence (hereinafter, "document of proof of registration items"). However, in the case of an institution established on the basis of an ordinance or law, provision of such a document of proof of registration items shall not be necessary. Furthermore, in the case when a change in or deletion of the content registered, a document mentioning the change or deletion should be delivered promptly to MEXT.

(Keep the Researcher Number Unique)
Clause 10: When it find out that the system's user possesses multiple researcher numbers, he/she must use the number acquired first (this refers to the smallest number of the 7-digit numerical value at the bottom of the researcher number), and all other numbers besides this shall be deleted.
2. When the previous item applies to the system's user, he/she must notify MEXT promptly.

(Recommended Behavioral Environment)
Clause 11: It is desirable that the environment for when the system's user is to use this system conforms with the recommended behavioral environment described on the portal site.

(Items Exempt from Responsibility)
Clause 12: Neither MEXT nor any other administrative institution of the central government or independent administrative institution with jurisdiction over the procedures for handling this system shall bear any responsibility for any harm to the system's user himself/herself or harm inflicted on a third party arising when the system's user has used this system.
2. Neither MEXT nor any other administrative institution of the central government or independent administrative institution with jurisdiction over the procedures for handling this system shall bear any responsibility for harm inflicted on the system's user or to a third party that arises from stoppage, suspension, or interruption of usage of this system or from damage to the communication circuit.
3. Neither MEXT nor any other administrative institution of the central government or independent administrative institution with jurisdiction over the procedures for handling this system shall bear any responsibility for harm to the system's user or inflicted upon a third party that arises when the ID/password, etc. supervised by the system's user himself/herself is used improperly by a third party.

(Revisions in the Terms of Use)
Clause 13: When recognized as necessary, MEXT can revise this Terms of Use without notifying the system's user in advance.
2. When MEXT has made any revision in this Terms of Use, it shall upload and publicly release it on the portal site without delay.
3. When the system's user uses this system after the Terms of Use is publicly released, he/she shall be viewed as having consented to the revised Terms of Use.

(Conformance Laws and Jurisdiction)
Clause 14: The laws of Japan shall be applied to this Terms of Use.
2. The Tokyo District Court shall serve as the court with exclusive jurisdiction over this Termsf first trial for all legal suits arising between MEXT and the system's user in connection with usage of this system.

(Supplementary Provision)
This Terms of Use shall be implemented from November 15, 2007.

(Supplementary Provision)
This Terms of Use shall be implemented from December 3, 2008.



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