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Operational rules
Rules for Operation of Drug-seeds Alliance Network Japan

The Osaka Chamber of Commerce and Industry provides for the following "Rules for Operation of the site” to (hereinafter simply referred to as the "Rules") with respect to the use of "Drug Seeds Alliance Network Japan" be formed on the Internet (hereinafter referred to as the "site"). Legal relationship among Guests, Member Users, Account Holders and The Osaka Chamber of Commerce and Industry is governed by the Rules.

Article 1 (Purpose of the site)

Site is established on the Internet for the purpose of facilitating distribution of drug seeds and platform technologies, etc.

Article 2 (Definitions)

  1. "Drug Discovery Seeds and Platform Technologies, etc." mean patents or know-how of technologies concerning drug candidate substances, the targets (gene and protein, etc.) related to diseases and its platform technologies, and also those of that recognized by the site administrator as appropriate to be handled in the site.
  2. "Guest" means general viewer of the Site.
  3. "Site Administrator" means the person who manages the Site and its contents of business shall be provided for in Article 3.
  4. "Cooperator" means the person with whom the Site Administrator executed a separate agreement to perform publicity of the Site, excavation of the Proposed Technologies and other coordinating works (consultations related to the proposed technologies, support for negotiations with Member User or Account Holder, and entrustment of intellectual property rights, etc.)
  5. "Coordinator" means the person who performs other coordinating works (consultations related to the proposed technologies, support for negotiations with Member Users or Account Holders, and entrustment of intellectual property rights, etc.) out of Cooperators.
  6. "Member User" means the person who acquired the qualification for Member User in accordance with Article 4 and the details shall be provided for in Article 4.
  7. "Account Holder" means the person who acquired the qualification for Account Holder in accordance with Article 5 and the details shall be provided for in Article 5.
  8. "Operation Committee" means the committee, consisting of the Site Administrator and all Cooperators, and discussing the agenda proposed by the Site Administrator by the meeting or circulation among them, which shall be deliberated and recommend to the Site Administrator.
  9. "Proposed Technology" means "Drug Seeds and Platform Technologies, etc." that be proposed to Member User by Account Holder on the Site.
  10. "Technology wanted" means "Drug Discovery Seeds and Platform Technologies, etc." that be recruited for Account Holder by Member User on the Site.
  11. "Item(s) Posted on the Site" mean Proposed Technologies that Member User posted or Technology wanted that Account Holder wanted.
  12. "Disclosure of Contact of Posting Person" means disclosure of the contacts and the persons in charge of Member Users and Account Holders.

Article 3 (Site Administrator)

  1. The Osaka Chamber of Commerce and Industry shall be the Site Administrator.
  2. Site Administrator shall perform the following works for comprehensive operation and management of the entire site.
    (1) Responses to inquiries about the procedures for the use of the site from Guests, Account Holders and Member Users.
    However, Responses to inquiries about the contents of the Item(s) Posted on the Site and responses to complaints against Cooperators, Guests, Account Holders and Member Users shall not be made.
    (2) Reception of application for, Account Holder and Member User.
    (3) Reception of Item(s) Posted on the Site
    However, the actual examination (examination of reliability, accuracy and usefulness of information) of the Item(s) Posted on the Site shall not be made.
    (4) Notification of the requests for additional documents made by Member Users to Account Holders.
    (5) Delivery of the additional information acquired from Account Users to requesting Member Users.
    However that the case Account Holder rejects to offer additional information is occur and evaluation of the provided information (credibility, accuracy, and usability) is not included.
    (6) Communications with Cooperators, Member Users and Account Holders
    Except as recognized as particularly necessary by the Site Administrator, communications shall be made by e-mail. Provided, however, that communications shall be limited to formal conveyance of information and no mediation and negotiation, etc., of disputes among Cooperators, Guests, Member Users and Account Holders shall be made.
    (7) Dissemination and enlightenment of the site
    (8) Other business recognized as necessary for activating the site by Site Administrator

Article 4 (Qualification for Member User)

  1. Person who desires to be a Member User must register by the company under the way that Site Administrator prescribe and pay the Member registration fee, Posting fee and participation fee of Biz Meeting provided for in Exhibit one (1). The Member registration fee, Posting fee and participation fee of Biz Meeting shall be paid by transfer to a bank account in accordance with the method designated by the Site Administrator within one (1) month of the date of issue of invoice by the Site Administrator.
  2. Site Administrator shall grant qualification for Member User to the person who desires to be a Member User (and maximum of 10 appointed people who belong in the same company) and completed the procedures set forth in paragraph 1 and notify to that effect by e-mail. Provided, however, that in the event that the Site Administrator determines the registration of the person might interfere with proper operation of the site, the Site Administrator may refuse the registration.
  3. Member user will gain the access to services below
    (1) Viewing the detailed information of the Proposed Technology (ies) Posted on the Site set forth in Article 6 without consideration.
    (2) Requesting for the additional information relating to Proposed Technology.
    (3) Posting the Technology wanted on the Site in accordance with the method designated by the Site Administrator.
    (4) Receiving the Disclosure of Contact of Posting Person set forth in Article 7.
  4. Member User must strictly manage user ID and password and must not lend or disclose to any other person.
  5. Term of Member User shall be from the date of receipt of qualification notice under Article 4, paragraph 2 to March 31 of the next year. Unless request for withdrawal from the service is made at least one (1) month before the expiry of the service, the Member User shall be treated as desiring automatic extension of the service.
  6. Member User may request for deregistration at any time. After deregistration of Member User, Site Administrator shall be obliged not to disclose the information registered by the Member User.
  7. Site Administrator shall not return for whatever reasons the Member registration fee, Posting fee and participation fee of Biz Meeting once received by the Site Administrator.
  8. Term of effectiveness of Technologies wanted posted by the Member Users is accordance with Article 6, paragraph 6, unless specified.
  9. In posting the Technologies wanted, Member User warrants that it does not fall under any one of Article 6, paragraph 3, proviso (1) and (2) and that the contents have reliability, accuracy and usefulness.
  10. Site Administrator may cancel the qualification of Member User who does not pay the Member registration fee, Posting fee and participation fee of Biz Meeting by the due date of invoice issued by the Site Administrator and who is deemed by the Site Administrator to disrupt proper operation of the site.

Article 5 (Qualification for Account Holder)

  1. Account Holder must register in accordance with the method designated by the Site Administrator and pay the Account Registration Fee, Posting Fee and Participation fee of Biz Meeting provided for in Exhibit 1. The fees must be paid by transfer to a bank account in accordance with the method designated by the Site Administrator within one (1) month of the date of issue of invoice by the Site Administrator.
  2. Site Administrator shall grant Account Holder qualification to the person who desires an Account registration and completed the procedures set forth in paragraph 1 and notify to that effect by e-mail. Provided, however, that in the event that the Site Administrator determines the registration of the person might interfere with proper operation of the site, the Site Administrator may refuse the registration.
  3. Account Holder will gain the access to services below
    (1) Viewing the details of Technology wanted information posted on the Site as Article 6 describes.
    (2) Posting Proposed Technology on the Site according to the method that Site Administrator defines.
    (3) Offering Items in response to the Technology wanted on the Site according to the Article 6.
    (4) Providing additional information in response to the request by the Site Administrator.
  4. Account Holder must strictly manage user ID and password and must not lend or disclose to any other person.
  5. Term of qualification of Account Holder shall be from the date of receipt of qualification notice under Article 5, paragraph 2 to March 31 of the next year. Unless request for deregistration is made at least one (1) month before the expiry of service, the Account Holder shall be treated as desiring automatic extension of service.
  6. Account Holder may request for deregistration at any time. After deregistration of Account Holder, the Site Administrator shall be obliged not to disclose the information registered by the Account Holder.
  7. Site administrator shall not return for whatever reasons the Account registration fee, Posting fee and participation fee of Biz Meeting once received by the Site Administrator.
  8. Term of effectiveness of Proposed Technologies posted by the Account Holders is accordance with Article 6, paragraph 7, unless specified.
  9. In posting Proposed Technologies, Account Holder warrants that it does not fall under any one of Article 6, paragraph 3, proviso (1) and (2) and that the contents have reliability, accuracy and usefulness.
  10. Site Administrator may terminate the qualification of Account Holder who does not pay the Account registration fee, Posting fee and participation fee of Biz Meeting by the due date of invoice issued by the Site Administrator and who is deemed by the Site Administrator to disrupt proper operation of the site.

Article 6 (Item(s) Posted on the Site)

  1. Among the information provided by the Item(s) Posted on the Site, there is information that Guests may view (hereinafter referred to as the "Primary Information") and information that only Member Users and Account Holders may view (hereinafter referred to as the "Detailed Information"). The details shall be as set forth in Exhibit 2.
  2. Person who desires to post the item on the Site must make application in accordance with the method designated by the Site Administrator.
  3. In the event that an application was made under paragraph 2, the Site Administrator shall post the item on the Site without actual examination (examination of reliability, accuracy and usefulness of information); provided, however, that the Site Administrator may refuse posting in the following cases.
    (1) In the event that the person does not comply with the method designated by the Site Administrator.
    (2) In the event that the contents deviate from the scope of definitions under Article 2.
  4. Member User and Account Holder may correct, add or partially delete the information of the items posted on the Site by itself. In such an event, Member User and Account Holder must comply with the method designated by the Site Administrator. Actual examination (examination of reliability, accuracy and usefulness of information) of the details of correction and addition to Item(s) Posted on the Site shall not be made by the Site Administrator; provided, however, that the Site Administrator may refuse posting if the contents of correction and addition fall under any one of Article 6, paragraph 3, proviso (1) and (2).
  5. After posting the item on the Site, if it falls under any one of Article 6, paragraph 3, proviso (1) and (2), or Operation Committee adopts a resolution that it should be deleted, the Site Administrator may immediately delete all or part of the posted contents.
  6. Term of effectiveness of Items by Member Users is, if not specified, one (1) year from the date posted for the first time.
  7. Term of effectiveness of Items posted by Account Holders is, if not specified, two (2) years, and correction of the content is allowed for one (1) year from the date posted for the first time.
  8. Member User and Account Holder are allowed to delete any information posted by their own.
  9. Site Administrator notifies the last date of effectiveness of Items or Requests to members posted by the end of previous month and is not allowed to disclose the information beyond the term of effectiveness. Member User and Account Holder must follow the procedures defined by Site Administrator to extend the term.

Article 7 (Disclosure of Contact of Posting Person)

If Member User, who viewed the Item(s) Posted on the Site, so requests, the Site Administrator shall make Disclosure of Contact of Posting Person upon communicating the Account Holder who is posting the item to that effect; except as Account Holder, who is posting the item, does not desire Disclosure of Contact of Posting Person.

Article 8 (Progress Report of business negotiation)

In the event that commercial negotiations started through Disclosure of Contact of Account Holder who is involved in the negotiations must report the progress to the Site Administrator every four (4) months from the Disclosure of Contact of Posting Person in accordance with the method designated by the Site Administrator. Obligation to report the progress shall not be relieved as long as the negotiation continues even after withdrawal from the qualification.

Article 9 (Coordinator)

  1. In the event that the Site Administrator introduces a Coordinator to Member User and Account Holder, the Site Administrator does not guarantee the ability or the like of the Coordinator and the Site Administrator shall not assume any responsibility for introducing the Coordinator to Member User and Account Holder.
  2. Site Administrator shall not be involved in contractual relationship between Coordinator, and Member User or Account Holder who desires coordination, and shall not assume any responsibility against Coordinator and Member User or Account Holder who desires coordination.

Article 10 (Confidentiality)

  1. Information provided as to the Item(s) Posted on the Site (Primary Information and Detailed Information) set forth in Exhibit 2 shall be disclosed on the Internet and as the contents are broadly publicized, they are not subject to confidentiality.
  2. Site Administrator shall be under confidentiality obligation that which Item(s) posted on the Site (access history) is accessed by Member Users, except for the number of accesses, which is not subject to confidentiality.
  3. Site Administrator, Member User, Account Holder and Cooperator shall have the confidentiality obligation for the following items; except as it obtained consent of Member User and Account Holder for using them for the purpose of improvement or development of the site.
    (1) Information concerning Disclosure of Contact of Posting Person (who requested Disclosure of Contact of Posting Person about which Item(s) posted on the Site and its results).
    (2) Information that who requested coordination in relation to which Item(s) posted on the Site and its results.
    (3) Information on the site that Site Administrator regard as confidential.
  4. The provisions of paragraph 3 do not prevent the parties from setting out different provisions in an individual agreement.
  5. Notwithstanding the provisions of paragraph 3, in the event that the Item(s) Posted on the Site became finalized through the use of the site, the Site Administrator may announce the fact and use for publicity of the site; provided, however, that the Site Administrator shall obtain the consent of the party when the name of the party is disclosed.
  6. In the event that Member User, Account Holder and Cooperator violated the provisions of paragraph 3, either shall be liable for any damages and any of them may not participate in the site thereafter.

Article 11 (Establishment of User Conference)

Site Administrator may establish User Conference in order to improve convenience of Member User, Account Holder who use the site. The details shall separately be determined by the Site Administrator.

Article 12 (Indemnification of Site Administrator, etc.)

  1. Site Administrator may suspend and discontinue provision of services due to its business reasons and the Site Administrator shall not be liable for damages caused by such disposition.
  2. Site Administrator and Cooperator shall not assume any liability for Guests.
  3. Site Administrator and Cooperator shall not assume any responsibility for reliability, accuracy, usefulness of the information provided as the Item(s) Posted on the Site or whether it is within the scope of definitions provided for in Article 2. Disputes over such issues shall be resolved by Member Users and Account Holders as the parties.
  4. The person who was offered Disclosure of Contact of Posting Person shall be responsible for confirmation of whether Account Holders is the true right holder of the patent (application) posted on the Site and the Site Administrator shall not assume any responsibility for it.
  5. In the Site Administrator communicating with Member Users and Account Holders, the content of e-mails are deemed to be delivered to Member Users and Account Holders if the Site Administrator sends the e-mails to the registered e-mail addresses regardless of actual delivery.
  6. Site Administrator shall not be liable for damages caused by technical failure of the Website or undelivered e-mails.

Article 13 (Modification of Rules)

These Rules may be modified from time to time if the Site Administrator deems it necessary and the modification shall be effectuated by a notice on the Internet.

Article 14 (Governing Law and Court of Jurisdiction of Rules)

These Rules are governed by the laws of Japan and the Osaka District Court shall be the exclusive court of jurisdiction for any disputes over these Rules.

Article 15 (Enforcement of Rules)

These Rules shall be in force as of September 11, 2006.


Exhibit

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