OSX Cooking Video Dataset (COM Kitchens) Terms of Use

OMRON SINIC X Corporation
Established: 2024/07/10

These OSX Cooking Video Dataset (COM Kitchens) Terms of Use (hereinafter referred to as the "Agreement") set forth the conditions for the use of the dataset provided by OMRON SINIC X Corporation (hereinafter referred to as the "Company") through the National Institute of Informatics (hereinafter referred to as "NII"), a member of the Inter-University Research Institute Corporation Research Organization of Information and Systems. The use of the dataset is subject to the conditions specified in this Agreement.

The sole and only governing language of this Agreement shall be Japanese. If an English translation hereof is made for reference purposes, only the Japanese version shall be regarded as the original and have the effect of a contract, and such English translation shall have no legal effect.

(Definitions)
  1. "Dataset" refers to the dataset created jointly by the Company and Cookpad Co., Ltd. (hereinafter referred to as the "Dataset Rights Holder") and provided to Users through NII, including copies of the dataset and related materials associated with its use.
  2. "User" refers to a corporation engaged in academic research purposes, such as universities and independent administrative institutions, to which the Company has granted permission to use the Dataset based on Article 2, Paragraph 3.
  3. "User, etc." refers collectively to the User and Researchers.
  4. "Research Representative" refers to a full-time employee employed by the User who oversees the research conducted using the Dataset.
  5. "Researchers" refers to the Research Representative and the researchers who conduct research under the supervision of the Research Representative within the organization to which the Research Representative belongs (regardless of the name of the organization, such as a laboratory, group, or project), including employees and enrolled students.
  6. "Dataset Purpose" refers to (i) the conduct of academic research on technology that covers work videos and procedural documents conducted by the User and (ii) the publication of the research results in papers and conference presentations for academic research use.
(Application)
  1. Those who wish to use the Dataset shall apply for its use through the prescribed procedure.
  2. The applicant shall be deemed to have agreed to this Agreement when applying for use.
  3. The Dataset application shall be deemed complete when the Company's notification of acceptance reaches the applicant through the prescribed method. After receiving the provision of the Dataset through the Company's prescribed method, the applicant can use the Dataset in accordance with this Agreement.
(Rejection of Application)
  1. The Company may reject an application for the use of the Dataset from an applicant if any of the following apply:
    1. The application contains false, incorrect, or incomplete information.
    2. The Company determines that the applicant may fail to fulfill their obligations under this Agreement.
    3. The Company determines that accepting the application may cause technical or operational difficulties.
    4. The Company determines that the applicant is unsuitable as a User for any other reason.
(Notification of Changes)
  1. If there is any change in the User's name, address, contact information, Research Representative, or other application details, the User shall promptly notify the Company through the prescribed method.
(License for Use)
  1. The Company grants the User permission to use the Dataset within the scope of the Dataset Purpose. The User shall not use the Dataset for purposes other than the Dataset Purpose (This includes, but is not limited to, the use of the Dataset and the data processed by the Dataset in products, systems, services, etc. developed by the User).
  2. The User shall ensure that the Researchers (including those who have retired, transferred, graduated, or otherwise ceased to be Researchers) comply with the provisions of this Agreement and shall be responsible for any violations of this Agreement or any other acts committed by the Researchers.
  3. Without the Company's prior written consent, the User shall not disclose, provide, lend, publicly transmit (including transmission), distribute, or otherwise make the Dataset available to any third party other than the Researchers.
(Method of Provision)
  1. The Dataset shall be provided through NII. Unless otherwise specified, communications between the User and the Company regarding the Dataset shall be conducted through the "Information Data Repository (IDR)" operated by NII.
(Management of the Dataset)
  1. The User shall handle the Dataset with the care of a prudent manager and take necessary management measures in accordance with applicable laws and regulations.
  2. If there is a risk of leakage or any other security breach of the Dataset, the User shall immediately notify the Company of such risk and, in accordance with the Company's instructions, take necessary measures to rectify the situation.
  3. If the User discovers that the Dataset contains information (hereinafter referred to as "Infringing Information") that may infringe intellectual property rights, reputation rights, privacy rights, or other rights of specific individuals or organizations, the User shall immediately cease using the Dataset, report it to the Company, and handle the Dataset in accordance with the Company's instructions. The User shall not disclose the fact of such Infringing Information being discovered, nor shall the User disclose it to any third party.
(Reporting)
  1. When requested by the Company, the User shall submit a report (hereinafter referred to as the "Usage Report") to the Company regarding the usage status of the Dataset and the content of research activities conducted using the Dataset.
(Sharing with Dataset Rights Holder)
  1. The User agrees to provide the Dataset Rights Holder with the contents of the usage application and Usage Reports, etc., obtained from the User to review the application and confirm the Dataset's usage status.
(Disclaimer)
  1. The Company shall not be responsible for any matters related to the Dataset, including its truthfulness, accuracy, currency, usefulness, reliability, legality, fitness for specific purposes, absence of defects, or infringement of third-party rights. The Company does not provide any warranties.
(Publication)
  1. When the User intends to publish or disclose research results (hereinafter referred to as "Research Results") obtained using the Dataset, the User shall do so within the scope of the license granted by the provisions of Article 5 and shall not publish or disclose the Research Results beyond the scope of the license.
  2. When the User publishes or discloses the Research Results, the User shall indicate that the Results were obtained using the Dataset in a manner specified by the Company. However, this obligation does not include permission to use the Company's trademarks, service marks, logos, etc. If the User wishes to use the Company's trademarks, service marks, logos, etc., separate prior approval from the Company is required.
  3. Even when publishing or disclosing the Research Results, the User shall not include the Dataset beyond what is appropriate for illustration in materials such as publications and shall not describe information that can identify specific individuals or organizations or infringe upon third-party rights (including intellectual property rights, reputation rights, privacy rights, etc., but not limited to them).
  4. When the User publishes or discloses the Research Results for publicity purposes via media or the User's website, the User shall not include images or videos contained in the Dataset or processed images or videos from the Dataset, except when appropriately citing papers in which the Research Results have been published.
  5. If the User publishes the Research Results, the User agrees that the Company may use the printed or electronic copies of the publications or materials related to the Research Results for the collection, organization, and analysis of the Research Results and that the Company may also publish the bibliographic information of such materials in publications or on websites.
(Rights Related to the Dataset and Research Results)
  1. Intellectual property rights related to the Dataset belong to the Company or the persons designated by the Company. Except as expressly stated in this Agreement, the Company does not transfer, assign, or license any rights related to the Dataset to the User.
  2. Intellectual property rights related to technologies, systems, etc., developed by the User using the Dataset belong to the User within the scope not contrary to the preceding paragraph.
  3. Intellectual property rights related to analysis results and other results obtained by the Company using the information submitted by the User belong to the Company.
(Term)
  1. The term of use of the Dataset (hereinafter referred to as the "Usage Term") shall be from the date the Company provides the Dataset to the User through NII until the end of the fiscal year to which the date of provision belongs (March 31). However, if no request or notification is made by either the Company or the User by one month before the expiration of the term, the term shall be automatically extended for another year under the same conditions, and the same shall apply thereafter.
  2. Even after the expiration of the Usage Term, Articles 8, 11, 12, and 14 to 23 shall remain in effect.
(Changes or Termination of Dataset Provision)
  1. The Company may, at its discretion, change all or part of the Dataset's content without prior notice or consent. If the Company requests the replacement of the Dataset, the User shall promptly cease using the previous version of the Dataset, switch to the updated version, and follow the Company's instructions to delete all prior versions of the Dataset.
  2. Even during the Usage Term, the Company may terminate the User's provision of all or part of the Dataset. In such cases, the Company shall notify the User of the termination date in advance through appropriate means.
  3. Notwithstanding the preceding paragraph, the Company may terminate the provision of the Dataset to the User without prior notice or warning if the User violates this Agreement.
  4. The Company shall not be liable for any damages incurred by the User due to the entire or partial change or termination of the Dataset provision.
(Measures after Termination of Dataset Provision)
  1. The User shall immediately cease using the Dataset and delete all copies of the Dataset (including duplicates) upon the expiration of the usage period or the termination date of the provision of the Dataset based on this Agreement.
  2. The Company may request the User to submit a written document certifying that all copies of the Dataset have been deleted.
(Damages)
  1. The User shall compensate the Company for any damages caused to the Company by the User, etc., or any other party due to intentional or negligent acts or acts attributable to the User, etc.
(Limitation of Liability)
  1. Except as otherwise provided in this Agreement, the Company shall not be liable for any damages incurred by the User concerning the provision of the Dataset. Even if the Company is liable for providing the Dataset for any reason, the Company shall only be liable for actual and direct damages within the standard and foreseeable range. The Company shall not be liable for any damages arising from exceptional circumstances (including damages that could have been foreseen or anticipated), regardless of the legal basis, including warranty, contract, tort, or any other legal grounds.
  2. The Company shall not be liable for any disputes or claims arising between the User and any third party concerning the User's use of the Dataset. The User shall resolve such disputes or claims at their responsibility and expense. If the Company incurs any damages because of such disputes or claims, the User shall compensate the Company for such damages.
(Handling of Personal Information)
  1. The Company shall handle the Researchers' personal information, including their names and contact information, obtained based on this Agreement by the Company's "Handling of Personal Information of Customers" (https://www.omron.com/sinicx/general/privacy/).
  2. The User shall obtain consent from the Researchers for the Company to share their personal data with the Data Rights Holder based on Article 9.
(Confidentiality)
  1. The User shall not disclose to any third party any business or technical information or other confidential matters they have learned about using the Dataset without the Company's prior written consent.
(Exclusion of Anti-Social Forces)
  1. The User represents and warrants to the Company the following:
    1. They and their officers and significant shareholders are not members of organized crime groups, quasi-members of organized crime groups, companies related to organized crime groups, extortionists, or other similar anti-social forces (hereinafter referred to as "Anti-Social Forces"). They have not been members of Anti-Social Forces and will not be members of Anti-Social Forces in the future.
    2. Anti-Social Forces are not involved in their management.
    3. They and their officers and significant shareholders do not cooperate, assist, or participate in the maintenance or operation of Anti-Social Forces through funding or other acts.
    4. They will not engage in acts such as using violent behavior, fraudulent practices, threatening language, defamation of the Company's reputation or credibility, hindering the Company's business, or making unreasonable demands to the Company, either by themselves or through third parties.
  2. If the Company requests the submission of materials necessary to investigate whether the User falls under the provisions of the preceding paragraph, the User shall reasonably comply within a reasonable scope.
(Amendment of this Agreement)
  1. The Company may amend this Agreement if deemed necessary due to the enactment or revision of laws, changes in the content of the Dataset, or other reasons. In such cases, the Company shall notify the User of the details of the amendment and the effective date of the amendment in an appropriate manner. The amended content shall apply from the effective date.
(Prohibition of Assignment of Rights and Obligations)
  1. The User shall not assign, transfer, or pledge all or any part of their position, rights, or obligations based on this Agreement to any third party without the Company's prior written consent.
(Governing Law and Jurisdiction)
  1. This Agreement shall be governed by and interpreted by the laws of Japan.
  2. Any disputes arising out of or in connection with this Agreement or the provision of the Dataset shall be exclusively submitted to the Tokyo District Court as the court of first instance.