Users shall use the facilities and equipment (hereafter referred to as the “facilities and equipment”) of the
Japan Agency for Marine-Earth Science and Technology (hereafter referred to as “JAMSTEC”) in accordance with the
following terms and conditions.
(Observance of rules)
Concerning the use of the facilities and equipment, users shall comply with the rules stipulated by JAMSTEC and follow the instructions given by JAMSTEC.
In case users use the facilities and equipment, the users shall submit the “Application Form for Use of Facilities and Equipment” (Form 1) stipulated by JAMSTEC with users’ signature and seal.
(Fees for Use)
In case users use the facilities and equipment, the users shall be charged the fees based on JAMSTEC’s fee calculation rules (hereafter referred to as “Calculation Rules”).
(Perquisite for Supporting Organizations)
The members of Supporting Organizations are entitled to get a partial fee exemption.
(Partial Fee Exemption)
In case users wish to apply for a partial fee exemption, the users shall fill in the “Application Form for Examptional (partial or full)" form2 with users’ signature and seal, and submit it with the “Application Form for Use of Facilities and Equipment”.
(Payment of Fees)
After the period of use ends, users shall be billed for the final fees, and pay the fees by the deadline by the method designated by JAMSTEC.
Payment of the fees shall be completed in the name of the users, not in the name of a third party.
(Prohibition of Use for Other Purposes)
In case users use the facilities and equipment, the users shall pay attention with due care of a prudent manager, and shall not use the facilities and equipment for any purpose other than the exclusive purpose specified in advance.
(Operation and Running of Facilities and Equipment)
Users who obtained an approval from JAMSTEC may operate and run the facilities and equipment.
(Support for Use)
Users may receive support required for operation and running of the facilities and equipment, from JAMSTEC (JAMSTEC employees and operators) with additional charge.
Users may receive technical guidance required for operation and running of the facilities and equipment, preparation of samples, and analysis of data, from JAMSTEC with additional charge.
In case users wish to receive support according to the preceding two paragraphs, the users shall have prior consultations with JAMSTEC on the availability of the support, and fill the necessary information on the “Application Form for the Use of Facilities and Equipment” specified by JAMSTEC.
In case users received support according to paragraphs 1 and 2, the users shall pay the amount calculated under the Calculation Rules, upon JAMSTEC’s request for payment.
(Special Equipment and Supplies Necessary for Use of Facilities and Equipment)
Special equipment and supplies necessary for use of the facilities and equipment shall be provided by users, with the approval of JAMSTEC.
Concerning supplies such as heating fuel, and standard solutions which users cannot provide, the users shall use them with the approval of JAMSTEC, and pay the costs.
(Report of Start/End of Use)
In case users start/end the use of the facilities and equipment, the users shall report to the person in charge at the Facility Management Section, and receive JAMSTEC’s confirmation on each occasion.
(Restoration to original state)
In case users change a part of the facilities and equipment on use thereof, the users shall obtain the approval of JAMSTEC in advance, and bear such expenses and costs.
After the use under the preceding paragraph ends, the users shall restore the facilities and equipment to the original state at their expense promptly, and receive JAMSTEC’s confirmation.
(Report of implementation)
JAMSTEC shall be able to inspect the status of use of facilities and equipment and whether it is used for purposes other than those intended. Users must cooperate with this and provide documentation as necessary.
Users shall not disclose a secret obtained by using the facilities and equipment, to any third party.
The secrecy obligation under the preceding paragraph shall survive the termination or expiration of this agreement.
Users may include special provisions concerning secrecy, depending on the purpose and nature of the use of the facilities and equipment.
(Suspension of use)
JAMSTEC may have users suspend use of the facilities and equipment for certain reasons in case JAMSTEC needs to prioritize its own research and development, or in case it becomes difficult to use or continue to use the facilities and equipment due to an accident or disaster.
In cases of the suspension under the preceding paragraph, JAMSTEC shall give notice to the users.
(Release from Liability)
JAMSTEC is not held responsible for any liability for damages of users resulting from the suspension of use under the preceding Article.
Users shall not be entitled to any compensation from JAMSTEC for an accident resulting from the use of the facilities and equipment, except in cases the accident is attributable to JAMSTEC.
JAMSTEC assumes no responsibility for the results obtained by users in their use of facilities and equipment.
In case users caused damage to JAMSTEC or a third party on the use of facilities and equipment, the users shall immediately notify JAMSTEC to that effect, and in consultation with JAMSTEC, the users shall be liable for any damages.
(Modification or Cancellation of Agreement)
Users may modify or cancel the agreement with a prior consultation with JAMSTEC.
In case users are expected to commit or committed any breach of this agreement, JAMSTEC may cancel or terminate this agreement.
(Safety and Hygiene during Use)
Users shall be liable for safety and hygiene of operations concerning use of the facilities and equipment.
(Rejection of Anti Social Forces)
Users warrants that is not a person who has fallen and shall not fall under any of the followings.
Officers (where User is an individual, or a juridical person, its Officers or the representative of its branch office or the office where the contract is entered into. The same shall apply hereafter) are not "Act on Prevention of Unjust Acts by Organized Crime Group Members" (Act No. 77 of 1991; hereafter referred to as specified in Article 2, Item 6 of the "Anti-Organized Crime Group Act")).
An organized crime group (as specified in Article 2, Item 2 of "Anti-Organized Crime Group Act"; The same shall apply hereafter) or a member of an organized crime group is not substantially involved in management.
Officers shall not use an organized crime group or an organized crime group member for the purpose of acquiring an illicit gain for themselves, their company or a third party, or inflicting damage on a third party.
Officers shall not cooperate or participate directly or actively in the maintenance or operation of an organized crime group, such as by providing funds or facilities to an organized crime group or an organized crime group members.
Officers do not have a socially reprehensible relationship with an organized crime group or an organized crime group member.
In the case of a subcontract or a purchase contract for materials or raw materials or any other contract, failure to conclude a contract with the counterparty knowing that the counterparty falls under any of (a) through (e).