Rules for External Users of Research Facilities and Services

OIST Graduate University
Rules for External Use of Research Facilities, Equipment and Services

Approved by the Provost of July 8, 2019

Article 1    (Purpose)
These Rules shall set forth the necessary matters for use of the research facilities and  equipment (hereinafter referred to as “Core Facilities”), and services (collectively, together with the Core Facilities, hereinafter referred to as “External Use Services”) managed and operated by Research Support Division (hereinafter referred to as "RSD") of Okinawa Institute of Science and Technology Graduate University (hereinafter referred to as "University") by the third parties outside the University who are not OIST employees, students or their research collaborators (hereinafter referred to as “External members”).

Article 2    (Scope of Application)
The External Use Services which are made available to the outside users by RSD are as described in the Fee table prescribed separately.

Article 3    (Definitions)
The responsible parties of the University to the Rules are as defined below:
(1)    Core Facility General Manager: Provost.
(2)    Core Facility Managing Officers: Section Leaders of RSD who manage and operate the External Use Services respectively.
(3)    Core Facility Operators: Members of the Sections of RSD who assist the     Core Facility Managing Officer.
(4)    Staff: Collectively the Core Facility Managing Officers and Core Facility Operators

  1. "Academic User(s)" means a user/users who is/are affiliated with a university or a public research institution such as a research center and is engaged in non-profit research activities.
  2. "Industrial User(s)" means a user/users who is/are affiliated with a commercial company.
  3. The term “OIST startup” means an enterprise established for the purpose of technology transfer of research results or an enterprise that has changed its articles of incorporation for such purpose, which is found by OIST to be significant for either the spread of research results or activation of research activities.

Article 4    (Qualification for Use)
1.    The applicable External members for the External Use Service (hereinafter referred to as “Users”) are those who fall under any of the following categories:
(1)    A start-up company originated from the University or a company which is a tenant of the incubation facility of the University;
(2)    An academic User who is a person outside the University; and
(3)    An external industrial User (excludes (1) above).

Article 5    (Limitations of Purpose for Use)
The Users should  not use the External Use Services for the purpose other than those stated in the Application Form for Use of Research Facilities which is prescribed in Article 7.  Also, the Users acknowledge and warrant that in no case shall the purposes for use of the External Use Services and/or any outcome resulting therefrom may be: a) related to any unethical, political, illegal or even criminal matters, and b) in any manner, related to any development of military hardware, chemical weapons or like capabilities.

Article 6    (Use of The External Use Services)
The External Use Services shall be either of the following:
(1)    That the User uses equipment and facility him/herself; and
(2)    That the User requests the Staff and the Staff performs measurement or the like by using equipment.

Article 7    (Application for Use)
A prospective User shall submit an application using an Application Form for Use of Research Facilities prescribed by RSD to the Core Facility General Manager to obtain permission.

Article 8    (Giving or Not Giving Permission for Use)
The Core Facility General Manager shall give permission when he/she sees it fit and when not interfering with the internal use by the University thereof in response to the application of the preceding Article. The University has priority for its use and in case two or more applicants request for the use of the same Core Facility at the same timing, the priority following the University shall be given in the order as set forth in Article 4 clause 1 (1), (2) and then (3) of the rules.

Article 9    (Notification of Change)
Even though the User received permission according to the preceding Article, when there is any change which affects descriptions of the application form, the User shall immediately notify the Core Facility General Manager and obtain his/her permission except for the change of users (Name, Affiliation, Title) other than representative user.

Article 10    (Payment of Fees)

  1. The Users shall pay a fee for use according to the Fee Table which is prescribed separately by the University based on an invoice issued by the University by the date designated by the University, to the bank account specified by the University.
  2. The University shall not return the fee paid by the Users, except for such events in which the University is unable to provide the External Use Services for reasons attributed to the University, such as malfunction of equipment.

Article 11    (Responsibilities of Users)

  1. The Users shall carefully read the descriptions of the user guide prescribed by each of the Core Facilities, and before using the External Use Services, shall complete required trainings offered by the Staff, and follow instructions of the Staff.
  2. When using the External Use Services, the Users shall follow the relevant Policies, Rules and Procedures of the University, and the Users shall acknowledge and agree that, in case where the Users’ research is in nature subject to review and approval by the advisory committee designated by the University, such approval by the committee shall be obtained in advance.
  3. All intellectual property rights in the research outcome jointly developed, created, conceived, discovered by the Users and the University (to which the Staff and other personnel of the University have contributed their time and efforts) from the use of the External Use Services shall be jointly owned by the Users and the University. The parties shall separately discuss and determine, in consideration of an applicable law, its shared interest and handling on each occasion.
  4. The Users may not be allowed to enter areas other than those designated by the Core Facility General Manager without additional permission.
  5. When using the External Use Services, the Users shall not adopt research process that might cause negative impact on the general operation of the Core Facilities.
  6. When using the External Use Services, delivery and removal of any goods, consumables, samples, etc. needed for individual use shall be carried out with the responsibilities and at the expense of the Users.
  7. The Users shall follow the instruction of the Staff to keep the Core Facilities and its room tidy and in order during exploitation of the External Use Services, and clean and return the Core Facilities and its room to its original conditions after use.
  8. The Users shall consume the sole responsibility for its own research and shall acknowledge that the University does not warrant or assure the success in the project in any way.

Article 12    (Conditions for Use)

  1. Use of Core Facilities by the Users shall be limited to the extent that does not adversely affect academic or research activities of the University.
  2. The Users shall decide time and date of the use upon discussion with the Staff.
  3. The hours that the External Use Services are available to the Users shall be, unless otherwise specified, from 9:00 a.m. to 5:30 p.m., Monday through Friday.
  4. The Users shall finish all works including cleaning within the permitted time.
  5. The Holidays of the External Use Services are as follows:

       (1)    Sundays, Saturdays and national holidays prescribed in the Act on National Holidays (Act No.178 of 1948);
       (2)    From December 29 to January 3; and
       (3)    Other holidays which are found to be particularly necessary by the Core Facility General Manager.

Article 13    (Responses to Abnormal Event)
The Users shall, if any abnormality is observed on the Core Facilities during the use thereof, immediately stop using it and contact the Staff.

Article 14    (Reporting)
Upon finishing or stopping the use of the Core Facilities, the Users shall promptly notify thereof to the Staff

Article 15    (Revocation of Permission for Use, etc.)
The Core Facility General Manager may, when finding that a User falls under any of the following items, revoke the permission for use or suspend the use of the External Use Services for a prescribed period with respect to the said User:
(1)    In the event of noncompliance with any of these Rules or users’ guidelines prescribed to the Core Facilities and the like;
(2)    In the event of a false statement being discovered in the application form;
(3)    In the event of causing an impediment to the operation of the University or the Core Facilities;
(4)    In the event that the Core Facility Managing Officer finds that the User does not have the sufficient skill to handle the relevant Core Facilities; and
(5)    Any other events that the User does not follow instructions of the Staff.

Article 16    (Compensation of Damage)

  1. The Users who have caused any damages or loss of the Core Facilities or any other facilities, equipment and the like shall promptly compensate any damages thereof. The Users shall also be held liable for damage to the interruption of the University’s normal research activities, caused by such loss of, or damage to, facilities and equipment caused by the Users.
  2. In case where the User(s) is/are individual(s), the University reserves the rights to claim damages set forth in clause 1 above to the university, institution and/or company with which User(s) is affiliated.
  3. In case where the Users or any third parties suffer injury during the use of the External Use Services or while working in the premises of the University in connection with use of the External Use Services, the University shall be exempt from responsibility, except in the event that it is caused by intension or gross negligence by the University.

Article 17    (Confidentiality)
Neither the University nor the Users shall disclose to anyone any information of the other party which have become known to the party in the course of using the External Use Services, without prior written  approval of the other party.  However, in light of the “Openness in Research” policy which requires the timely public sharing of the research outcomes from research conducted at the University, the University may disclose or make public that the Users are using the External Use Services with the general description of the research service to the extent it is disclosed to the University on Application Form for Use of Research Facilities submitted by the Users, in accordance with Article 7 and in consideration of the information released, if any, by the Users in or any other materials.

Article 18    (Personal Information)
Neither the University nor the Users shall use personal information of the other party which have become known to the party in the course of using the External Use Services, except as needed for the use/provision of the External Use Services.  The University shall not disclose and provide personal information to any third parties, except within the University, the Cabinet Office of Japan, the Ministry of Education, Culture, Sports, Science and Technology, or other government agencies, unless such disclosure or provision is with legitimate reason and with prior written approval of the relevant individual of such personal information.

Article 19    (Handling of Data, etc.)

  1. The analysis data (hereinafter referred to as “Data”) generated by use of the External Use Services by the Users shall belong to the Users.  The University shall not be responsible for analysis of the Data generated by the Users.  Furthermore, the University shall not be responsible to backup Data, or retain backups of Data belonging to the Users.
  2. The Users shall, when publishing outcome of the research or the like which was conducted by using the External Use Services, explicitly indicate/acknowledge that the External Use Services provided by the University was used.
  3. The Users shall not publicize, describe nor circulate any articles that mislead the receivers that University or its staff has recommended and/or assured specific products, merchandises, services and/or its efficacy, effect or performance by providing External Use Services to the Users.

Article 20    (Miscellaneous)

  1. Besides those set forth in these Rules, matters necessary for the use of External Use Services therefrom shall be set forth by the Core Facility General Manager separately from these Rules.
  2. These Rules may be from time to time be amended, and the amended rules shall be published at University’s webpage. The Users who started use of the External Use Services prior to such amendment and who continue to use thereof after the amendment shall be deemed to accept the amended rules and such amended rules shall apply thereafter


Supplementary Provisions
These Rules shall come into effect from July 8, 2019.