UT (as defined in Section 1) is providing You (as defined in Section 1) with the Materials (as defined in Section 1) under the terms of this license ("License"). The Materials are protected by copyright and/or other applicable law. Any use of the Materials other than as authorized under this License is prohibited.
By exercising any of the rights to the Materials provided here, You accept and agree to be bound by the terms of this License. The Licensor, UT, grants You the rights contained in this License in consideration of Your acceptance of such terms and conditions.
1. Definitions
1. "Compilation Work" is a work, such as a newspaper, magazine, or encyclopedia, which constitutes an intellectual creation by reason of the selection and/or arrangement of its contents.
2. "Database Work" is a database which constitutes an intellectual creation by reason of the selection and/or systematic construction of information contained therein.
3. "Derivative Work" is a work created by translating, arranging musically or transforming, or dramatizing, cinematizing, or otherwise adapting a pre-existing work.
4. "Licensor" means UT.
5. "Original Author" means the UT faculty member who originated or created the Materials.
6. "Materials" means the materials which are copyrightable works of authorship provided in UT OCW Web Site under the terms of this License, except as noted in Section 3 below.
7. "UT" means the University of Tokyo.
8. "UTOCW" means The University of Tokyo Open Course Ware operated and provided by UT.
9. "UTOCW Web Site" means the Web site in which UT provides the UTOCW.
10. "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Materials, or who has received express permission from the Licensor to exercise rights under this License despite of a previous violation.
2. License Grant
Except as noted in Section 3 below, UT hereby grants You a worldwide, royalty-free, non-exclusive license to exercise the following rights in respect of the Materials, for non-commercial educational purposes, for the duration described in Section 6.
1. To reproduce the Materials, to incorporate the Materials into any Compilation Works or Database works, and to reproduce the Materials as incorporated in the Compilation Works or Database Works;
2. To create and reproduce Derivative Works;
3. To distribute copies of the Materials, including transferring or lending copies of the Materials, publish the Materials publicly, present the Materials publicly, and transmit them publicly, including as incorporated in Compilation Works or Database Works; and,
4. To distribute copies of Derivative Works, including transferring or lending copies of Derivative Works, publish Derivative Works publicly, and transmit them publicly.
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the rights to make such modifications technically necessary to exercise the rights in other media and formats (e.g., "format-shifting").
The UTOCW Web Site is copyright (c) 2005-2010, The University of Tokyo Open Course Ware. All rights that are not expressly granted herein by UT are hereby reserved.
Except for limited portions in the public domain, the Materials are copyrighted and are the exclusive property of UT, a UT faculty member, or their respective licensors. This License conveys a limited right to use the Materials and shall not be construed to convey title in any of the Materials to You. UT reserves the right to add, remove, or otherwise modify the content of the UTOCW Web Site at any time without notice to You.
3. Exceptions
Use of certain of the materials contained in the UT OCW Web Site, such as photos, graphics, or other objects, is restricted by license agreement between UT and a third party ("Restricted Materials"). Restricted Materials are identified with the following symbol and phrase: Restricted Use. Unless otherwise noted, You must seek permission directly from the licensor or copyright owner of any Restricted Materials to reuse those Restricted Materials.
You shall exercise the rights granted in Section 2 with a special consideration to the moral rights of the Original Author of the Materials and shall not use or explore the Materials in a manner of harming the honor or reputation of the Original Author.
You shall be responsible to ensure that your use of any materials contained in the UTOCW Web Site is in accordance with the copyright laws and other applicable laws of relevant country, and in accordance with the terms of use in this License, and any additional restrictions applicable to any Restricted Materials or other specific Materials.
4. Restrictions
1. You may exercise the rights granted above only under the terms of this License.
2. You may exercise the rights granted above only for non-commercial educational purposes.
3. You must include a copy of this License, or clear and reasonable notice of its location (such as by uniform resource identifier), with every copy of any Materials, Compilation Work, Database Work, or Derivative Work that You create from any of the Materials. You must keep intact all notices that refer to this License and to the disclaimer of warranties.
4. If You exercise any of the rights granted in Section 2 above, You must give proper attribution to UT and to the Original Authors where identified on the Materials. An acceptable form for attribution to an Original Author is:
"This material was created by or adapted from material created by the University of Tokyo faculty member, (Name), (Title), (Year). copyright (c) (Year) (Faculty Member's Name)"
or
"This material was created by or adapted from material created by the University of Tokyo faculty member, (Name), (Title), (Year). copyright (c) (Year) (University of Tokyo)."
5. You shall not, without the prior written consent of UT, use any of the following names: "University of Tokyo", "Tokyo Daigaku", "UT", or any other variation, adaptation, or abbreviation thereof, or the name of any of UT's trustees, directors, officers, faculty, students, employees, or agents, or any trademark, owned by UT, in any promotional material or other public announcement concerning the Materials, except when such use is as an attribution to the Materials as defined in the preceding paragraphs. Further, upon request from UT or by any UT faculty member, You shall remove the faculty member's name from any derivations or modifications of the Materials.
6. You shall not offer or impose any terms on any Materials that alter or restrict the terms of this License or the recipients' exercise of the rights granted here. You shall not exercise any of the rights granted above with any technological measures that control access or use of any of the Materials in a manner inconsistent with the terms of this License.
5. Liability Disclaimer
Whilst care has been taken by UT, faculty authors and content developers to assure the accuracy and completeness of the content of the Materials consistent with high academic standards, neither UT nor any Original Author makes any warranty, express or implied, as to the correctness, completeness or quality of any of the Materials, or their suitability for a particular purpose.
THE MATERIALS ARE OFFERED AS IS. UT AND OTHER COPYRIGHT OWNERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE MATERIALS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. UT EXTENDS NO WARANTIES OF ANY KIND AS TO THE CONFORMITY OF ANY OF THE MATERIALS WITH ANY OTHER MATERIALS.
Furthermore, and not limiting the foregoing, UT makes no warranty or representation that the use of the Materials will not infringe any patents, copyright or other intellectual property rights of UT or of a third party.
IN NO EVENT SHALL UT, ITS TRUSTEES, DIRECTORS, OFFICERS, FACULTY, EMPLOYEES OR AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ECONOMIC DAMAGES OR INJURY TO PROPERTY, PERSON OR LOST PROFITS, REGARDLESS OF WHETHER UT IS ADVISED, HAS OTHER REASON TO KNOW OR DOES IN FACT KNOW OF THE POSSIBILITY OF ANY OF THE FOREGOING.
6. Termination
This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Compilation Works, Database Works, or Derivative Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 3, 4, 5, and 7 will survive any termination of this License.
Subject to the above terms and conditions, this License is perpetual (for the duration of the respective applicable copyright in the Materials). Notwithstanding the above, Licensor reserves the right to release the Materials under different license terms or to stop distributing the Materials at any time; provided, however, that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
7. Miscellaneous
1. Each time You distribute or publicly transmit any Materials, Compilation Work, Database Works, or Derivative Work, UT shall offer to the recipient a license to the Materials on the same terms and conditions as the license granted to You under this License.
2. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
3. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent is in writing and signed by the party to be charged with such waiver or consent.
4. This License constitutes the entire agreement between the parties with respect to the Materials, and supersedes all understandings, agreements or representations with respect to the Materials. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
8. Governing Law and Jurisdiction
This License shall be governed by and interpreted in accordance with the laws of Japan. All disputes arising out of or in connection with this License shall be submitted to and resolved in the exclusive jurisdiction of the Tokyo District Court.
Infringement Notification
UT, prior to making any Materials (as defined in Section 1 of the University of Tokyo Open Course Ware License) publicly available, has reviewed all the Materials extensively to determine the correct ownership and appropriate usage of the Materials, and to obtain the appropriate licenses to make the Materials available on the UTOCW Web Site (as defined in Section 1 of the University of Tokyo Open Course Ware License). UT will promptly remove any Materials that are determined to infringe upon the rights of others. If you believe that a portion of the Materials infringes another's copyright or any other right, please send us feedback. If you do not include an electronic signature with your claim, you may be asked to send or fax a follow-up copy with a signature.
To file the notification, you must satisfy the following requirements:
1. You must be either a right holder, such as copyright owner of a work, or an individual authorized to act on behalf of such right holder.
2. Your notification must include:
1. Identification of the copyrighted work (if copyright infringement case).
2. Identification of the relevant Materials that are claimed to be infringing or to be the subject of infringing activity. You must include sufficient information, such as a specific URL or other specific identification, for us to locate such Materials.
3. Information for us to be able to contact the claimant (e.g., email address, phone number).
4. A statement that the claimant believes that the use of such Materials has not been authorized by the right holder (copyright owner) or an authorized agent.
5. A statement that the information in the notification is accurate and that the claimant is, or is authorized to act on behalf of the right holder (copyright owner).