Guidelines for Use of e-learning (Terms of Use)
1. Purpose of these Guidelines
These Guidelines set forth terms of use to be observed by and matters to be confirmed prior to the use by, the users of the lecture materials, seminar materials, laboratory/fieldwork materials and other supporting materials (“Materials”) provided by the International Platform for Asian Agricultural Education (“IPAAE”), a Project for Establishing Core Universities for Internationalization of the Faculty of Agriculture, Kyushu University, through the website of the project of IPAAE (“Website”).
All materials published on the Website are protected by the copyright acts and other laws of the relevant countries, and the Materials must not be used in any manner that is not authorized under these Guidelines.  When a user uses the Materials, the user will be deemed to have accepted the terms of these Guidelines.
2. License Grant
(1) Kyushu University grants to users a royalty free, nonexclusive license to view the Materials only for nonprofit educational purposes in any country during the term set forth in Article 11, on the condition that the users observe the provisions set forth in these Guidelines.

(2) Users may not use (including reproduction, screening, public transmission, display, distribution, assignment, lending, adaptation, or modification as well as copying and downloading) the Materials except as set forth in the preceding paragraph.

If users desire to use the Materials in any manner other than by viewing, which use is authorized under the preceding paragraph, the user must obtain a license from the copyright holders of the Materials, Kyusyu University, and right holders of any copyrighted work and the like cited in the Materials.
3. Acknowledgement of Rights, etc.
(1) The Website and property rights such as copyrights in any contents, information (data), graphics and the like contained in the Website, excluding those set forth in the following paragraph, belong to Kyushu University.

(2) The copyrights of the Materials published on the Website belong in principle to the persons (including, but not limited to teachers of Kyushu University and lecturers who have given a lecture upon invitation by Kyushu University) who have created such Materials.  Kyushu University has been licensed to use the Materials by posting the same on the Website in accordance with the terms of these Guidelines from such creators or institutions to which such creators belong.  (Teachers who created the Materials, and other copyright holders will be hereinafter collectively called “Original Authors.”)  The Materials may contain the “Third Party Works” defined in the preceding Article.

(3) The grant of license under these Guidelines (“License”) is limited to a license to use the Materials within the scope specified in these Guidelines, and copyrights, patents, trademarks and all other property rights in the Materials are reserved by the Original Authors.

(4) Kyushu University may add, delete or change the content or address of the Website that contains the Materials at any time without notifying the users, and may also change, suspend or discontinue the content of the services provided through the Website.  In this circumstance, Kyushu University will not assume any liability whatsoever for any damages (including any damages attributable to disputes and the like between Kyushu University and a third party; the same will apply hereinafter), loss or injury incurred by the users.
4. Handling of a Third Party’s Copyrighted Works Contained in the Materials, etc.
(1) The Materials may contain copyrighted works of a third party posted by the Original Authors based on a license granted by that third party, or copyrighted works of a third party, the proper use of which is permitted under applicable copyright acts (these copyrighted works will be hereinafter collectively called “Third Party Works”).

(2) These Guidelines may not be construed as allowing users to use the Third Party Works by translating or otherwise modifying the same.

(3) In using the Materials that contain any Third Party Works, if a “license required mark,” indicating that a license needs to be obtained from a right holder of such works or any quoted website is listed, users must obtain a license directly from such third party copyright holder.
5. Copyright Notice of the Materials, etc.
(1) The Materials to be made available for viewing on the Website include not only materials which have created by teachers who belong to Kyushu University, but also other materials which have been asked Kyushu University to upload on the Website (including holders of any rights in the Materials or universities/research institutes to which such right holders belong; hereinafter called “Copyright Holders”).

(2) When the Copyright Holders ask to upload the Materials, the Copyright Holders must clearly and properly indicate that the copyrights in the Materials belong to the Copyright Holders. 

The following indication, for example, is recommended as a proper copyright notice:
“This material has been prepared by Professor _____ of _______ University, for his class of “_____________” (____), and the copyright thereof belongs to that Professor.  Copyright © ____, Professor ______”

(3) In asking to upload the Materials, the Copyright Holders must obtain at their responsibility the necessary prior approvals from the copyright holders and/or authors of the Materials to be uploaded on the Website so that Kyushu University will not suffer any damage, loss or harm in relation to the use of the Materials on the Website. 

(4) In uploading the Materials, the Copyright Holders may not use names such as “Kyushu University,” “Kyu-Dai” and “IPAAE” or any other notices indicating that Kyusyu University is the source of the Materials, or any names of personnel, teachers and students of Kyushu University, without the written approval of Kyushu University.

(5) Kyushu University may add, delete or modify a part of the Materials uploaded on the Website, under the approval and permission of the Copyright Holders.
6. Management of User IDs and Passwords
(1) In using the Website, users will register their user IDs. In registering user IDs, users will enter all prescribed matters for registration and may not enter any false information. 

(2) User IDs and passwords will be used and managed at the user’s own responsibility.  Users who have user IDs will be deemed responsible for any acts conducted through the use of their user IDs and passwords.  Users may not lend, assign, or transfer the title of their user IDs and passwords to any third party, nor may they allow any third party to use their user IDs and passwords through trade thereof.  Users are encouraged to immediately contact Kyushu University if their user IDs are used without authorization, or if their user IDs and passwords are leaked to any third party.  It should be noted that Kyushu University will not indemnify users for any damages arising out of error in use, leakage, unauthorized use and the like of their user IDs and passwords.

(3) Users may not conduct any act that will interfere with the operation of the Website and the services to be provided through the Website.

(4) If a user conducts any act that violates or is likely to violate these Guidelines, Kyushu University may delete the registration of such user’s user ID and discontinue the provision of the services through the Website.
7. Form of Use
(1) Users may not use the Materials in any manner that will harm the reputation or credibility of or cause disadvantage to Kyushu University or the Original Author. Users may not use the Materials in any manner that violates or is likely to violate any laws and regulations or public order and morals.

(2) In using the Materials, users may not propose to or impose on any third party any conditions that will limit or change any provisions of these Guidelines.
8. Prohibitions
In handling any and all information contained in the Materials and the Website, users may not save any data regarding the Materials by storing the same on their personal computers or by any other method.  Users may view/access the Materials only by viewing the same on the screen of their personal computers, and users may not view/possess any or all of the Materials or their reproductions in the printed form.
9. Caution for International Use
In using the Materials, users must observe the regulations of the relevant countries and regions in which the Materials are used. 
10. Disclaimer
Kyushu University and the Original Author will make good efforts to ensure the accuracy and quality of the content of the Materials so that it will match the high academic standards.  Kyushu University and the Original Author, however, will not make any warranty whatsoever regarding the Materials including, but not limited to warranty of their accuracy, suitability for a particular purpose, merchantability, non-infringement of a third party’s rights, and the like, and in no event, assume any liability for damages, whether due to default, tort, or otherwise, incurred by the users. 

Users will use the Website at their own responsibility.  Because users will bear all risks on their own, users will assume all responsibility for damages incurred by those users or third parties as a result of the use of the Website.

While making its effort to smoothly operate the Website, Kyushu University may temporarily suspend all or part of the Website due to maintenance/renewal work, force majeure events such as blackouts, emergencies, and other reasons.. Kyushu University will not assume any liability for damages, whether due to default, tort, or otherwise, incurred by the users as a result of such a temporally suspension of the Website.
11. Termination
(1) The License will be effective only for the period during which the Materials are provided on the Website.  The License, however, will be terminated upon breach of these Guidelines by a user.

(2) Article 4 (Handling of the Third Party Works contained in the Materials, etc.), Article 7 (Forms of Use), Article 8 (Prohibitions), Article 10 (Disclaimer) , Article 12 (General Provisions) and Article 13 (Governing Law/Jurisdiction) will survive the termination of the License.
12. General Provisions
(1) If any part of the provisions of these Guidelines is held invalid or unenforceable under laws of the relevant countries, the other provisions of these Guidelines will not be affected, and these Guidelines will be amended to the minimum extent necessary for such provisions held invalid or unenforceable to become valid and enforceable.

(2) Kyushu University may change the content of these Guidelines in the manner posted on the Website without obtaining users’ approval.
13. Supplemental Provisions
These Guidelines will come into force as of February 1, 2009.

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