*Rules of Use for the variant allele frequency information "Whole-genome sequences of 3,554 healthy Japanese individuals and construction of the highly accurate Japanese population reference panel"
Article 1. (Grant of Use)
The Tohoku Medical Megabank Organization of Tohoku University ("ToMMo") shall grant to user ("User"), free of charge, the right to use the information stored in the database (the "Database") on the variant allele frequency information (the "Frequency Information") of "Whole-genome sequences of 3,544 healthy Japanese individuals and construction of the highly accurate Japanese population reference panel" ("3.5KJPN"), on the condition that User shall comply with the various terms and conditions set forth in these Rules of Use. User acknowledges that the Frequency Information comprises study results created by ToMMo and that the Frequency Information and the Database shall be owned by ToMMo.
Article 2. (Scope of Grant)
User may use the Frequency Information only for non-commercial purposes. If User wants to use the Frequency Information for any commercial purposes, he/she must separately make such request to ToMMo and consult with ToMMo on the terms and conditions of use thereof, etc.
Article 3. (Notification at the Time of Re-editing)
If User wants to re-edit the Frequency Information and to provide any third party (the "Recipient(s)") with the re-edited data, such User must notify ToMMo in writing of the contents of such re-editing and of the identity of the Recipient(s) in advance, obtain ToMMo's approval, and provide instructions to such Recipient(s) to ensure their compliance with these Rules of Use. User is not permitted to provide any Recipient with any unedited Frequency Information.
Article 4. (Prohibition on Identification and Contact)
User must not use the Frequency Information or the study results (the "Study Results") to attempt to identify and/or contact any person (each a "Provider") who has contributed to constructing the Frequency Information. If a User happens to identify or contact any Provider in the course of the Study, the User shall immediately inform ToMMo of such fact, and follow the instructions of ToMMo for the subsequent measures.
Article 5. (Related Laws, Etc.)
5.1 Users must comply with the (i) related laws, regulations, and guidelines, irrespective of the time of enactment, (ii) provisions for specimens and information management as established by ToMMo, (iii) matters stated in the informed consent form presented to Providers in ToMMo's obtaining of specimens and information for a study, and (iv) other provisions relating to the handling of the Frequency Information.
5.2 The provisions set forth in the preceding paragraph shall also apply to User's handling of the Study Results.
Article 6. (Handling of Study Results)
6.1 The intellectual property rights relating to User's Study Results shall be, in principle, owned by the relevant User; provided, however, that if the relevant intellectual property rights are related to the Study Results achieved in collaboration with ToMMo researcher(s), such intellectual property rights shall be jointly owned and the ownership ratio thereof shall be determined through separate consultation in proportion to the contribution ratio for obtaining such Study Results.
6.2 User shall grant to ToMMo, free of charge, the right to use, among the intellectual property rights relating to the Study Results owned by the User set forth in the preceding paragraph, the intellectual property rights based on the contents which such User published in his/her thesis.
6.3 In the case where ToMMo and/or other domestic non-profit organizations (meaning universities, national technical colleges, national and public research institutions, and other non-profit organizations [i.e. independent administrative institutions, healthcare corporations, public interest incorporated institutions, etc.]) exploit the intellectual property rights relating to User's Study Results for the purpose of research or education, User shall not exercise the relevant intellectual property rights.
Article 7. (Citation of ToMMo Theses)
If User publishes the Study Results in the form of a thesis, etc., or by way of registration, etc., to an official database, etc., he/she shall describe the fact that he/she has used the Frequency Information by citing a ToMMo thesis in either of the following forms, and shall inform ToMMo of the fact that such publication has been made. User shall fully examine, in making such publication, whether the published contents or the combination of such contents and publicly available information may lead to local stigma or identification of any Provider. If there is such possibility, User shall inform ToMMo thereof and consult with ToMMo prior to such publication.
Rare variant discovery by deep whole-genome sequencing of 1,070 Japanese individuals, Nagasaki M, Yasuda J, Katsuoka F, Nariai N, Kojima K, Kawai Y, Yamaguchi-Kabata Y, Yokozawa J, Danjoh I, Saito S, Sato Y, Mimori T, Tsuda K, Saito R, Pan X, Nishikawa S, Ito S, Kuroki Y, Tanabe O, Fuse N, Kuriyama S, Kiyomoto H, Hozawa A, Minegishi N, Douglas Engel J, Kinoshita K, Kure S, Yaegashi N, ToMMo Japanese Reference Panel Project and Yamamoto M, Nat Commun, 21; 6:8018 (2015)
Rare variant discovery by deep whole-genome sequencing of 1,070 Japanese individuals, Nagasaki M, Yasuda J, Katsuoka F, ToMMo Japanese Reference Panel Project and Yamamoto M, Nat Commun, 21; 6:8018 (2015)
Article 8. (Exemption of ToMMo)
With regard to the use of the Frequency Information, ToMMo shall not provide any warranty to User as to the suitability for User's purpose of use, the non-infringement of any third parties' intellectual property rights, or any matters relating to the use of the Frequency Information. Should any damage occur to User or any third party through using the Frequency Information, ToMMo shall not be liable therefor, and User shall be liable for settling such damage at his/her own cost and expense.
Article 9. (Rights)
Approval of these Rules of Use and the grant of the right to use the Frequency Information based thereon shall not grant User the right to exploit any of the intellectual property rights owned by ToMMo, any exclusive rights to use the relevant Frequency Information, or any other rights.
Article 10. (Warning and Measures)
If User engages in a breach of Article 2 (Scope of Grant), Article 3 (Notification at the Time of Re-editing), Article 4 (Prohibition on Identification and Contact), Article 5 (Related Laws, Etc.), or Article 7 (Citation of ToMMo Theses), ToMMo will issue a warning to such User ("Breaching User"). If a Breaching User has not remedied such act within seven (7) days after the date when such warning was issued, ToMMo may take the following measures against the Breaching User:
(1) Request for discontinuation of use, deletion, etc., of the Frequency Information;
(2) Notification of contents of the breach to the head of the organization to which the Breaching User belongs;
(3) Request for retraction of thesis, etc., in which the contents based on the breaching act are included;
(4) Make an accusation or bring a charge in accordance with the laws, including the Unfair Competition Prevention Act;
(5) Publication of the fact of such breach and the names of the persons engaged in such breaching act; and/or
(6) Non-acceptance of the Breaching User's re-submission of any Frequency Information.
Article 11. (Compensation for Damage)
If User causes any damage to ToMMo due to any acts of breach as set forth in the preceding Article or his/her wilful intention or negligence, ToMMo may demand compensation for such damage.
Article 12. (Governing Law and Agreed Jurisdiction)
These Rules of Use shall be governed by and construed in accordance with the laws of Japan. Any litigation relating to these Rules of Use shall be exclusively submitted to the Tokyo District Court.