1. Purpose of these Guidelines

These guidelines set forth terms and conditions for a user (“User”) using course materials and related documents (the “Materials”) made available by Kyoto University via the Kyoto University OpenCourseWare website (the “Website”).

Kyoto University grants a license to use the Materials on the condition that the User complies with these Guidelines. By using the Materials, the User is deemed to have accepted the terms and conditions in these Guidelines.

2. Grant of License

(1) Kyoto University hereby grants to the User a license to use the Materials in the following manner on the condition that the User complies with the terms and conditions in these Guidelines, including the terms to limit such usage to personal study or non-profit and educational purposes. a. Reproduction b. Distribution of copies c. Distribution via the Internet d. Translation e. Modification other than translation (except for illegal modification of “Third-Party Works” defined in Paragraph (1) of Article 4 below)

(2) Such right to use the Materials set forth in the preceding paragraph shall be perpetual, world-wide, royalty-free and non-exclusive, and shall be limited to non-profit and educational purposes. (Hereinafter, a grant of license in accordance with these Guidelines shall be referred to as the “License.”)

(3) Kyoto University may not grant the license to use specific Materials in a particular manner listed in Paragraph (1). In the event that Kyoto University specifies as such, it will be clearly indicated so that the User can confirm when using the Material.

Note: See Reference "Creative Commons licenses (CC licenses)" on the bottom of the page for more details of the conditions.

3. Ownership of Rights

(1) Copyrights to the Website belong to Kyoto University.

(2) Copyrights to the Materials contained herein, in principle, belong to the faculty member of Kyoto University, who has created the Materials (the lecturer who was invited by Kyoto University to give a lecture is deemed to be included in the faculty member; the same applies hereinafter). Kyoto University is granted by the faculty member a license to publish the Materials on the Website under the terms and conditions in these Guidelines; provided, however, that copyrights to some Materials may exceptionally belong to Kyoto University itself (Hereinafter, the copyright owners of the Materials shall be referred to as the “Copyright Owners.”); provided further that the Materials may include the “Third-Party Works” defined in Paragraph (1) of Article 4 below.

(3) The License to the copyrights to the Materials shall be granted by Kyoto University for the sole purpose explicitly provided in these Guidelines; any other rights except as explicitly provided herein shall be retained by the Copyright Owners. Kyoto University in no way whatsoever transfers to the User any copyrights or other intellectual property rights to the Website or the Materials.

(4) Kyoto University may at any time add to, delete, or otherwise change the contents or addresses of the Website, including the Materials.

4. Treatment of Third-Party Works Contained in the Materials

(1) The Materials may contain works authorized to use by a third party to Kyoto University or its faculty member or a third-party’s works appropriately cited in accordance with the Copyright Act. (Hereinafter, these works shall be referred to as “Third-Party Works.”)

(2) These Guidelines shall not grant to the User a license to use by translating or otherwise modifying the Third-Party Works.

(3) Even when these Materials are used in accordance with “2. Grant of License” in these Guidelines, if cited website requiring the copyright owner’s authorization is included in the Third-Part Works contained in the Materials, then the User shall obtain authorization for use of the Third-Party Works directly from the copyright owner.

(4) The User shall comply with the terms and conditions in Paragraphs (2) and (3) of this Article, and shall not use the Third-Party Works in a manner that would infringe copyrights of those works.

5. Copyright Notice

(1) In the event that a User uses the Materials for any purpose other than personal use, the User shall clearly and appropriately indicate that the copyrights for the Materials belong to the Copyright Owner.

(2) The copyright notice provided in the preceding paragraph shall include: (a) The name of the Kyoto University faculty member who created the Materials; (b) the year when the Materials were published; (c) the title of the Materials; (d) the fact that the Materials are based on the Website; (e) if applicable, the fact that the Materials have been modified; (f) the fact that the copyrights for the Materials belong to the Copyright Owner; and (g) the following notice: “Copyright ©______ (year when the Materials were published, as indicated in (b) above) [the Copyright Owner’s name].” For example, the following copyright notice is recommended:

(In cases where the course materials are used in their original form)
“This is a course material for “Course Title” (Year) by Kyoto University Professor Instructor’s name, published on the Kyoto University OCW website. The copyright for this material belongs to the instructor. Copyright © Year Professor Name”

(In cases where the course materials are used with modifications)
“This material was created by making some modifications to the course materials for “Course Title” (Year) by Kyoto University Professor Instructor’s name, published on the Kyoto University OCW website. The copyright for the original material belongs to the instructor. Copyright © Year Professor Name”

(3) Except for the Copyright Notice provided in this Article, the User shall not use the names “Kyoto University”, “Kyoto Univ.”, or “Kyoto University OpenCourseWare”, any notice indicating Kyoto University as the source of the citation, and/or Kyoto University faculty member’s name, without obtaining written authorization from Kyoto University.

(4) Upon the request from Kyoto University or a Kyoto University faculty member, the User shall delete any name or other notice as set forth in the preceding paragraph from any materials created based on the Materials.

6. Manner of Use

(1) The User shall not use the Materials in any way that would damage honor or reputation of Kyoto University or a Kyoto University faculty member.

(2) In using the Materials, the User shall not propose to or impose upon a third party any condition that would limit or modify the terms and conditions in these Guidelines.

7. Responsibilities of the User

In handling the Materials and any information contained in the Website, the User shall be responsible for complying with the copyright laws and other applicable laws of each country and region, terms and conditions based on these Guidelines, and all applicable regulations with regard to Third-Party Works and other relevant materials.

8. Licensing Conditions

(1) In the event that the User distributes all or part of the Materials, or a modified version thereof, or deliver them via the Internet, the User shall do so, imposing the same terms and conditions as those in these Guidelines.

(2) In the event that the User distributes all or part of the Materials, or a modified version thereof, or deliver them via the Internet as described in the preceding paragraph, the recipients shall be granted by Kyoto University a license to use the Materials subject to the same terms and conditions as those in these Guidelines.

9. Disclaimer

Kyoto University and its faculty members will make reasonable efforts to ensure the accuracy and quality of the content of the Materials accordance with the academic standards to be suitable to Kyoto University; provided, however, that ALL WARRENTIES, INCLUDING ANY ACCURACY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, CONDITION OF MERCHANTABILITY, AND NON-INFRINGEMENT, ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. Kyoto University and its faculty members shall not be liable for any damages under any circumstances whatsoever.

10. Termination

(1) The License shall be effective until the expiry of the copyright term for all works of the Copyright Owners included in Materials used by the User; provided, however, that in the event that the User violates any of terms and conditions in these Guidelines, the License shall be terminated at the time of said violation.

(2) Notwithstanding the proviso of the preceding paragraph, in the event that any person receives from a User all or part of the Materials, or a modified version of the Materials, the License to the recipient shall remain effective to the extent that the recipient complies with the terms and conditions in these Guidelines.

(3) Even after the termination of the License, the following shall survive: Article 4 “Treatment of Third-Party Works Contained in the Materials”; Paragraph (1) of Article 6 “Manner of Use”; Article 7 “Responsibilities of the User”; Article 9 “Disclaimer”; Article 11 “General Provisions”; and Article 12 “Governing Law and Jurisdiction.”

11. General Provisions

(1) In the event that any provision of these Guidelines is held invalid or unenforceable by any applicable law of a given country or region, such invalidity or unenforceability will not affect other provisions of these Guidelines. Such provision that has been deemed invalid or unenforceable shall be automatically modified only to the extent necessary to make it valid and enforceable.

(2) Kyoto University may change, modify, or amend the terms and condition of these Guidelines by posting on the Website.

12. Governing Law and Jurisdiction

With regard to the Materials and any other matters related to the Website, the governing law shall be the laws of Japan, and disputes shall be exclusively heard first in the Kyoto District Court of Japan.

13. Supplementary Provision

These Guidelines shall become effective as of August 13, 2005.

Reference:

Creative Commons licenses (CC licenses)

As set forth in the User Guidelines, the contents of Kyoto University OCW can be shared, reproduced, modified, or otherwise used for secondary purpose by giving appropriate credit, for personal study or non-profit and educational purposes. If the Materials are reproduced or modified and made to the public as a new material, the same license will apply. The contents published in Kyoto University OCW are licensed under the Creative Commons license “Attribution-NonCommercial-ShareAlike (CC BY-NC-SA)”.

For details, please visit the website of Creative Commons: