Appendix Format 1
year
month
day
To the President of the University of Tokushima
Address:
Name:
(Signature)
(In case of a corporation, its name and the name of its representative must be described)
Application for Obtaining the Supply of Tangible Research Product
We would like to ask you to provide us with the Tangible Research Product of the University of Tokushima
(charge / free of charge) as follows:
1. Name and quantity of the Product which we wish to be provided with by the University of Tokushima:
Name:
Quantity:
2. Researcher who controls the Product mentioned in the above 1:
Division and course in the University:
Type of occupation and his/her name:
3. Purpose for using the Product:
4. Reason for obtaining the supply of the Product:
5. Compliance with the terms and conditions in obtaining the supply of the Product:
If there are any terms and conditions in obtaining the supply of the Product, we shall commit ourselves
to complying with them.
6. Others:
Appendix Format 2
year
month
day
To:
Approved by the President of the University of Tokushima
(Signature)
Approval to Supply of Tangible Research Product
We hereby approve the application for the supply (charge / free of charge) of the Tangible Research Product
filed on
year
month
day by______________________________ as follows:
1. Name and quantity of the Product which is supplied by the University of Tokushima:
Name:
Quantity:
2. Researcher who controls the Product mentioned in the above 1 in
Name of corporation and its division:
Type of occupation and his/her name:
(name of the organization):
3. Purpose for supply:
4. Date and place of supply:
5. Terms and conditions of supply:
We set forth the terms and conditions as in the attachment, and "the LENDER" therein shall mean "the
University of Tokushima" and "the BORROWER" shall refer to "______________________" (any
corporation, or company which is supplied with the Product) respectively.
6. Others:
Document attached to Appendix Format 2
[Example]
Terms and Conditions of the LENDER's Supplying Free of Charge
Tangible Research Product
Article 1. Purpose
The LENDER shall provide the Tangible Research Product (hereinafter referred to as "the PRODUCT") as
a part of the research activities of the LENDER and the BORROWER.
Article 2. Supply
The LENDER shall supply the BORROWER with the PRODUCT for the BORROWER's use within the
scope of the purposes set forth in Article 3, immediately upon the LENDER 's approval.
Article 3. Purpose for Use
1. The BORROWER shall use the PRODUCT provided by the LENDER solely for R&D, nonprofit, and
non-clinical purposes.
2. The BORROWER shall not provide any third party with the PRODUCT (including any product
obtained from the PRODUCT, or any product obtained by modifying the PRODUCT and also equipped
with the main elements of the PRODUCT) without the LENDER 's prior written consent.
3. If the BORROWER publishes any product obtained by using the PRODUCT in the form of any treatise
or the like, the BORROWER shall clearly indicate that the PRODUCT was supplied to the
BORROWER by the LENDER.
Article 4. Reception of the PRODUCT
When the BORROWER receives the PRODUCT, the BORROWER shall furnish the LENDER with its
receipt.
Article 5. Treatment of Creating New Product
When the BORROWER creates any new R&D product from the PRODUCT provided by the LENDER, the
BORROWER shall immediately inform the LENDER of the detailed contents and consult with the
LENDER about the treatment.
Article 6. Confidentiality
1. Unless otherwise the LENDER's prior written consent is provided, the BORROWER shall keep all
information regarding the PRODUCT provided or disclosed by the LENDER as confidential and not
disclose or leak the information to any third party. Provided, however, that this obligation shall not
apply to any of the following information about the PRODUCT disclosed to the BORROWER pursuant
to the LENDER’s supply:
(1) information which is publicly known at the time of the LENDER 's supply or disclosure,
(2) information which has become publicly known by any third party's publication subsequent to the
LENDER 's supply or disclosure, or for any reason not attributable to the BORROWER,
(3) information which is proven in writing to be already of the BORROWER's possession at the time
of the LENDER 's supply or disclosure,
(4) information which is informed to the BORROWER by any independent and legally unrestricted
third party, provided that such information is not obtained directly or indirectly from the LENDER
by the relevant third party.
(5) information which is proven in writing to be independently developed or acquired by the
BORROWER, not based upon any information supplied by the LENDER, or
(6) information which the BORROWER is forced to disclose in accordance with any court order or
legal provision.
2. The above clause 1 shall be effective for
years from the BORROWER's reception of the
PRODUCT described in Article 4. Provided that the LENDER and the BORROWER may extend or
shorten this effective period through their negotiation.
Article 7. Obligation of Good Faith
If any matter not described herein or any doubt about the construction of any provision herein arises, the
LENDER and the BORROWER shall negotiate and settle it amicably on the basis of good faith.
Appendix Format 3
Sales Agreement of Tangible Research Product
The seller, the National University Corporation, the University of Tokushima (hereinafter referred to as "the
SELLER") and the buyer,
(hereinafter referred to as "the BUYER") have entered into the Sales
Agreement of Tangible Research Product (hereinafter referred to as "the Agreement") as follows:
Article 1. Tangible Research Product to be Sold
The SELLER shall sell to the BUYER the following Tangible Research Product (hereinafter referred to as
"the PRODUCT").
(1) Name of the PRODUCT:
(2) Quantity of the PRODUCT:
(3) Name of a researcher who controls the PRODUCT:
Article 2. Price
The BUYER shall pay ¥
(including ¥
SELLER as the price of the PRODUCT.
as consumption tax and local consumption tax) to the
Article 3. Guaranty Money on Agreement
The BUYER shall be exempt from the Guaranty Money on Agreement.
Article 4. Payment of Price
Upon the invoice issued by the President of the SELLER, the BUYER shall pay the total sum of the
purchase price to the SELLER by
year
month
day.
Article 5. Reception of the PRODUCT
When the BUYER receives the PRODUCT, the BUYER shall submit the receipt to the SELLER.
Article 6. Treatment of Creating New Product
1. When the BUYER creates any new tangible research product from the PRODUCT provided by the
SELLER, the BUYER shall immediately inform the SELLER of the detailed contents and consult with
the SELLER about the treatment.
2. If the BUYER intends to use the new tangible research product for any profit purpose, the BUYER shall
immediately notify the SELLER of the detailed contents and negotiate with the SELLER for the price of
its use and others.
3. The above clauses 1, and 2 shall be effective for
years from the supply of the PRODUCT.
Article 7. Confidentiality
1. Unless otherwise the SELLER's prior written consent is provided, the BUYER shall keep all
information regarding the PRODUCT provided or disclosed by the SELLER as confidential and not
disclose or leak the information to any third party. Provided, however, that this obligation shall not
apply to any of the following information about the PRODUCT disclosed to the BUYER pursuant to the
SELLER’s Supply:
(1) information which is publicly known at the time of the SELLER's supply or disclosure,
(2) information which has become publicly known by any third party's publication subsequent to the
SELLER's supply or disclosure, or for any reason not attributable to the BUYER,
(3) information which is proven in writing to be already of the BUYER's possession at the time of the
SELLER’s supply or disclosure,
(4) information which is informed to the BUYER by any independent and legally unrestricted third
party, provided that such information is not obtained directly or indirectly from the SELLER by the
relevant third party.
(5) information which is proven in writing to be independently developed or acquired by the BUYER,
not based upon any information supplied by the SELLER, or
(6) information which the BUYER is forced to disclose in accordance with any court order or legal
provision.
2. The above clause 1 shall be effective for
years from the BUYER’s reception of the PRODUCT
described in Article 5. Provided that the SELLER and the BUYER may extend or shorten this effective
period through their negotiation.
Article 8. Burden of Expense
The expenses with respect to the delivery of the PRODUCT shall be borne by the BUYER.
Article 9. No Warranty
Since the PRODUCT was brought about in the course of research and is of experimental and researching
nature, the SELLER shall give no warranty to the BUYER, regardless of express or implied. The SELLER
shall assume neither responsibility for any occurrences which have been triggered by the BUYER’s use or
possession of the PRODUCT, nor obligation of any (direct or indirect) indemnity whatsoever.
Article 10. Termination
1. If the BUYER fails to pay the purchase price set forth in Article 2 by the described deadline, the
SELLER may terminate the Agreement.
2. If the BUYER or the SELLER fails to implement the obligations provided for herein, the SELLER and
the BUYER may terminate the Agreement.
Article 11. Obligation of Good Faith
If any matter not described herein or any doubt about the construction of any provision herein arises, the
SELLER and the BUYER shall negotiate and settle it amicably on the basis of good faith.
Article 12. Jurisdiction
The Agreement shall be governed and construed by the laws of Japan, and all disputes arising from the
Agreement shall be exclusively brought in Tokushima District Court for the first instance.
IN WITNESS WHEREOF, the SELLER and the BUYER have executed the Agreement in duplicate, each
retaining one (1) copy thereof, respectively.
year
month
day
(“the SELLER”)
Address: 24 Shinkura-Cho 2-Chome, Tokushima City, Tokushima Prefecture,
Japan
President of the National University Corporation, the University of
Tokushima
Toshihiro Aono
(Signature)
(“the BUYER”)
Address:
Name:
(Signature)
Appendix Format 4
year
month
day
To the President of the University of Tokushima
Address:
Name:
(Signature)
(In case of a corporation, its name and the name of its representative must be described)
Application for Borrowing Tangible Research Product
We would like to borrow (charge / free of charge) the Tangible Research Product in the University of
Tokushima as follows:
1. Name and quantity of the Tangible Research Product which we wish to borrow from the University of
Tokushima:
Name:
Quantity:
2. Researcher who controls the Tangible Research Product mentioned in the above 1:
Division and course in the University:
Type of occupation and his/her name:
3. Purpose of use and place of use:
4. Reason for borrowing the Product:
5. Term of borrowing the Product:
From
year
month
day to
year
month
day
6. Plan for using the Product:
7. Compliance with the terms and conditions of borrowing the Product:
If there is any terms and conditions in borrowing the Product, we shall commit ourselves to complying
with them.
8. Other references:
Appendix Format 5
year
month
day
To
From the President of the University of Tokushima
(Signature)
Approval of Lending Tangible Research Product
We hereby approve the application for borrowing (charge / free of charge) the Tangible Research Product
filed on
year
month
day by _______________________________as follows:
1. Name and quantity of the Tangible Research Product to be lent by the University of Tokushima:
Name:
Quantity:
2. Researcher who controls the Tangible Research Product mentioned in the above 1 in
(name of the organization), and place of use:
Name of corporation or others and its division:
Type of occupation and his/her name:
Place of use:
3. Term of lending:
From
year
month
day to
year
month
day
4. Purpose for lending:
5. Place of lending and returning:
The University of Tokushima, Faculty of
, Lecture Course
.
6. Terms and conditions of lending:
We set forth the terms and conditions as in the attachment, and "the LENDER" therein shall mean "the
University of Tokushima" and "the BORROWER" shall refer to "__________
" respectively.
Document attached to Appendix Format 5
[Example]
Terms and Conditions of LENDER's Lending Free of Charge
Tangible Research Product
Article 1. Purpose
The LENDER shall lend the Tangible Research Product (hereinafter referred to as "the PRODUCT") as a
part of the research activities of the LENDER and the BORROWER, in compliance with the
BORROWER’s request for the research purpose.
Article 2. Lending
1. The LENDER shall lend the PRODUCT to the BORROWER free of charge for the BORROWER's use
within the scope of the purposes set forth in Article 3, immediately upon the BORROWER's consent to
these terms and conditions.
2. The BORROWER shall keep the PRODUCT with due and proper care and utilize it effectively.
3. If the BORROWER intends to modify or otherwise alter the present the PRODUCT, the BORROWER
shall obtain the LENDER's consent in advance.
Article 3. Purpose of Use
1. The BORROWER shall use the PRODUCT solely for the purposes which the BORROWER informed
to the LENDER and which are also nonprofit and non-clinical.
2. The BORROWER shall not provide any third party with the PRODUCT (including any product
obtained from the PRODUCT, or any product obtained by modifying the PRODUCT and also equipped
with the main elements of the PRODUCT) without the LENDER's prior written consent.
3. If the BORROWER publish any product acquired by using the PRODUCT in the form of any treatise or
the like, the BORROWER shall clearly indicate that the PRODUCT was supplied to the BORROWER
by the LENDER.
Article 4. Reception of the PRODUCT
When the BORROWER receives the PRODUCT, the BORROWER shall furnish the LENDER with its
borrowing receipt.
Article 5. Burden of Expense
The expenses with respect to the delivery, maintenance, repair, and return of the PRODUCT shall be borne
by the BORROWER.
Article 6. Return of the PRODUCT
1. The BORROWER shall return the PRODUCT to the specified place by the expiration date of the
lending period.
2. If the BORROWER violates any lending conditions or the LENDER recognizes it necessary in
particular, the BORROWER shall immediately return the PRODUCT according to the LENDER's
directions.
Article 7. Loss of the PRODUCT
1. If the BORROWER loses or damages the PRODUCT, the BORROWER shall immediately submit the
detailed report to the LENDER and follow the LENDER 's directions. In this case, if the reason is
related to any natural disaster, fire, or theft, the BORROWER shall attach to the relevant report any
certificate of the fact of and reasons for the loss or damage issued by any authority concerned.
2. If the loss or damage mentioned in the above clause 1 is attributable to the BORROWER, the
BORROWER shall supplement, repair, or otherwise compensate the loss or damage at the
BORROWER’s expense.
Article 8. On-the-spot Investigation about the PRODUCT
The LENDER may at any time implement an on-the-spot investigation about the PRODUCT, request the
submission of any specified report to the BORROWER, or make suggestions necessary in regard to the
maintenance, control, and return of the PRODUCT to the BORROWER.
Article 9. Treatment of Creating New Product
1. If the BORROWER creates any new tangible research product from the PRODUCT provided by the
LENDER, the BORROWER shall immediately inform the LENDER of the detailed contents and
consult with the LENDER about the treatment.
2. If the BORROWER intends to use the new tangible research product for any profit purpose, the
BORROWER shall immediately notify the LENDER of the detailed contents and negotiate with the
LENDER for the price of its use and others.
3. The above clauses 1, and 2 shall be effective for
years from the supply of the PRODUCT.
Article 10. Confidentiality
1. Unless otherwise the LENDER's prior written consent is provided, the BORROWER shall keep all
information regarding the PRODUCT provided or disclosed by the LENDER as confidential and shall
not disclose or leak the information to any third party. Provided, however, that this obligation shall not
apply to any of the following information about the PRODUCT disclosed to the BORROWER pursuant
to the LENDER’s supply:
(1) information which is publicly known at the time of the LENDER's supply or disclosure,
(2) information which becomes publicly known by any third party's publication subsequent to the
LENDER's supply or disclosure, or for any reason not attributable to the BORROWER,
(3) information which is proven in writing to be already of the BORROWER's possession at the time
of the LENDER's supply or disclosure,
(4) information which is informed to the BORROWER by any independent and legally unrestricted
third party, provided that such information is not obtained directly or indirectly from the LENDER
by the relevant third party.
(5) information which is proven in writing to be independently developed or acquired by the
BORROWER , not based upon any information supplied by the LENDER, or
(6) information which the BORROWER is forced to disclose in accordance with any court order or
legal provision.
2. The above clause 1 shall be effective for
years from the BORROWER's reception of the
PRODUCT described in Article 4. Provided that the LENDER and the BORROWER may extend or
shorten this effective period through their negotiation.
Article 11. No Warranty
Since the PRODUCT was brought about in the course of research and is of experimental and researching
nature, the LENDER shall give no warranty to the BORROWER, regardless of express or implied. The
LENDER shall assume neither responsibility for any occurrences which have been triggered by the
BORROWER's use or possession of the PRODUCT, nor obligation of any (direct or indirect) indemnity
whatsoever.
Article 12. Obligation of Good Faith
If any matter not described herein or any doubt about the construction of any provision herein arises, the
LENDER and the BORROWER shall negotiate and settle it on the basis of good faith.
Article 13. Jurisdiction
This lending shall be governed and construed by the laws of Japan, and all disputes arising from this
lending shall be exclusively brought in the Tokushima District Court for the first instance.
Appendix Format 6
Loan Agreement of Tangible Research Product
The lender, the National University Corporation, the University of Tokushima (hereinafter referred to as
"the LENDER") and the borrower,
(hereinafter referred to as "the BORROWER") have entered
into the Loan Agreement of Tangible Research Product (hereinafter referred to as "the Agreement") as
follows:
Article 1. Tangible Research Product to be Lent
The LENDER shall lend to the BORROWER the following Tangible Research Product (hereinafter
referred to as "the PRODUCT").
(1) Name of the PRODUCT:
(2) Quantity of the PRODUCT:
(3) Loan purpose of the PRODUCT:
(4) Name of a researcher who controls the PRODUCT:
(5) Term of loan of the PRODUCT:
From
year
month
day to
year
month
day
Article 2. Price of Loan
The BORROWER shall pay ¥
(including ¥
as consumption tax and local consumption
tax) to the LENDER as the price of borrowing the PRODUCT.
Article 3. Payment of Price
Upon the invoice issued by the President of the LENDER, the BORROWER shall pay the total sum of the
loan price to the LENDER by
year
month
_______day.
Article 4. Guaranty Money on Agreement
The BORROWER shall be exempt from the Guaranty Money on Agreement.
Article 5. Loan of the PRODUCT
1. The LENDER shall lend the PRODUCT to the BORROWER for the BORROWER's use within the
scope of the purposes set forth in Article 1, immediately upon conclusion of the Agreement.
2. The BORROWER shall keep the PRODUCT with due and proper care and utilize it effectively.
3. If the BORROWER intends to modify or otherwise alter the present PRODUCT, the BORROWER
shall obtain the LENDER's consent in advance.
Article 6. Reception of the PRODUCT
When the BORROWER receives the PRODUCT, the BORROWER shall furnish the LENDER with its
borrowing receipt.
Article 7. Burden of Expense
The expenses with respect to the delivery, maintenance, repair, alteration, and return of the PRODUCT
shall be borne by the BORROWER.
Article 8. Prohibition of Lending the PRODUCT to Another Party
1. The BORROWER shall neither lend the PRODUCT to another party, nor offer it as a security.
2. The BORROWER shall not use the PRODUCT in any place other than the specified place. Provided
however, that in the event any unavoidable reason compels the BORROWER to change the place for
use during the lending period, the BORROWER shall tender an explanatory statement to the LENDER
and obtain the LENDER's approval.
Article 9. Return of the PRODUCT
1. The BORROWER shall return the PRODUCT to the specified place by the expiration date of the
lending period.
2. If the BORROWER violates any lending conditions or the LENDER recognizes it necessary in
particular, the BORROWER shall immediately return the PRODUCT to the LENDER according to the
LENDER's directions.
Article 10. Loss of the PRODUCT
1. If the BORROWER loses or damages the PRODUCT, the BORROWER shall immediately submit the
detailed report to the LENDER and follow the LENDER's directions. In this case, if the reason is related
to any natural disaster, fire, or theft, the BORROWER shall attach to the relevant report any certificate
of the fact of and reason for the loss or damage issued by any authority concerned.
2. If the loss or damage mentioned in the above clause 1 is attributable to the BORROWER, the
BORROWER shall supplement, repair, or otherwise compensate the loss or damage at the
BORROWER's expense.
Article 11. On-the-spot Investigation about the PRODUCT
The LENDER may at any time implement an on-the-spot investigation about the PRODUCT, request the
submission of any specified report, or make suggestions necessary in regard to the maintenance, control,
and return of the PRODUCT to the BORROWER.
Article 12. Treatment of New Product
1. If the BORROWER creates any new tangible research product from the PRODUCT provided by the
LENDER, the BORROWER shall immediately inform the LENDER of the detailed contents and
consult with the LENDER about the belonging of any intellectual property rights concerning the
relevant Product.
2. If the BORROWER intends to use the new tangible research product for any industrial purpose, the
BORROWER shall immediately notify the LENDER of the detailed contents and negotiate with the
LENDER for the price and others.
Article 13. Confidentiality
1. Unless otherwise the LENDER's prior written consent is provided, the BORROWER shall keep all
information regarding the PRODUCT provided or disclosed by the LENDER as confidential and shall
not disclose or leak the information to any third party. Provided, however, that this obligation shall not
apply to any of the following information about the PRODUCT disclosed to the BORROWER pursuant
to the Agreement:
(1) information which is publicly known at the time of the LENDER's supply or disclosure,
(2) information which has become publicly known by any third party's publication subsequent to the
LENDER's supply or disclosure, or by any reason not attributable to the BORROWER,
(3) information which is proven in writing to be already of the BORROWER's possession at the time
of the LENDER's supply or disclosure,
(4) information which is informed to the BORROWER by any independent and legally unrestricted
third party, provided that such information is not obtained directly or indirectly from the LENDER
by the relevant third party.
(5) information which is proven in writing to be independently developed or acquired by the
BORROWER, not based upon any information supplied by the LENDER, or
(6) information which the BORROWER is forced to disclose in accordance with any court order or
legal provision.
2. The above clause 1 shall be effective for
years from the BORROWER's reception of the
PRODUCT described in Article 6 herein. Provided that the LENDER and the BORROWER may extend
or shorten this effective period through their negotiation.
Article 14. No Warranty
Since the PRODUCT was brought about in the course of research and is of experimental and researching
nature, the LENDER shall not give any warranty to the BORROWER, regardless of express or implied.
The LENDER shall assume neither responsibility for any occurrences which have been triggered by the
BORROWER's use or possession of the PRODUCT, nor obligation of any (direct or indirect) indemnity
whatsoever.
Article 15. Termination
1. If the BORROWER fails to pay the borrowing price set forth in Article 2 herein by the described
deadline, the LENDER may terminate the Agreement.
2. If the BORROWER or the LENDER fails to implement the obligations provided for herein, the
LENDER and the BORROWER may terminate the Agreement,
Article 16. Obligation of Good Faith
If any matter not described or any doubt about the construction of any provision in the Agreement arises,
the LENDER and the BORROWER shall negotiate and settle it amicably on the basis of good faith.
Article 17. Jurisdiction
The Agreement shall be governed and construed by the laws of Japan, and all disputes arising from the
Agreement shall be exclusively brought in the Tokushima District Court for the first instance.
IN WITNESS WHEREOF, the LENDER and the BORROWER have executed the Agreement in duplicate,
each retaining one (1) copy thereof, respectively.
year
month
day
(“the LENDER”)
Address: 24 Shinkura-Cho 2-Chome, Tokushima City, Tokushima Prefecture,
Japan
President of the National University Corporation, the University of Tokushima
Toshihiro Aono
(Signature)
(“the BORROWER”)
Address:
Name:
(Signature)