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Agreement

for Research or Noncommercial Usage of KISTI’s Digital and/or


Visible Korean Data

Korea Institute of Science and Technology Information (hereinafter referred to as


"KISTI") and "AAA" (hereinafter referred to as "AAA") enter into an Agreement for
Usage of Contents to permit the use of Digital Korean and Visible Korean Data
(hereinafter referred to as "contents") held by KISTI.

Article 1 (Purpose) The purpose of this Agreement is to regulate offering, usage rights
and other matters related to the usage of contents held by KISTI for research or
noncommercial purposes.

Article 2 (Detailed Contents & Purpose of Usage) The detailed contents and purpose of
usage that KISTI shall provide to "AAA" is shown in Appendix 1.

Article 3 (Duration of Agreement) The duration of the Agreement shall commence from
the date of Agreement and shall thereafter continue in full force and effect for a period
of 1 (one) year. This Agreement may, however, be automatically extended unless either
party gives a written notice of termination at least three months prior to the date of
termination.

Article 4 (Scope of Usage Rights)


1) KISTI shall, according to the research or noncommercial usage of contents provision
provided in Article 2, give usage rights to "AAA" without separate payment on a
nonexclusive basis as follows:
i) act of reproducing 1 (one) copy of contents for its discretionary medium for the
purpose of backup and preservation,
ii) use by "AAA" or researcher falling under the supervision of its offices or agencies
2) The usage rights of "AAA" shall only be permitted within the scope in accord with
the purpose of use prescribed in Appendix 1, and acts such as redistributing originals of
contents and transferring usage rights prescribe in Section 1 of this Article shall not be
permitted.

Article 5 (Ownership and Application of Intellectual Property)


1) The ownership of intellectual property rights for all research resulting from the usage
of contents provided by KISTI shall be determined by mutual consent of both parties.
2) Prior consent of KISTI must be obtained before distributing various research
outcome using the contents provided by KISTI. When distributing for marketing or
other commercial uses, "AAA" shall enter into a separate Agreement for commercial
usage of KISTI’s contents.

Article 6 (Restrictions on Usage) "AAA" shall be restricted in using the contents when
falling under or in danger of falling under the following case:
i) socially unacceptable acts that violate the dignity of the deceased or the like,
ii) acts that violate and individual’s basic rights,
iii) acts that use for profits purposes,
iv) acts that are distributed for commercial purposes, and
v) acts that are not in conformity with the information stated in the Appendix 1.

Article 7 (Providing the Contents)


1) In providing the contents to "AAA" as prescribe in Article 2, KISTI shall, as a
principle, provide such contents in the form and method previously laid down by KISTI.
For "AAA"'s maximum convenience, efforts shall be made to accommodate any
separate requests that "AAA" may make.
2) When falling under the provision of Section 1 of this Article, when needing the
process and edit by KISTI in providing the contents, required expenses shall be borne
by "AAA" and the fees shall comprise of the actual expensed amount.
3) During the duration of the Agreement, shall the Agreement be terminated as
prescribed in Article 11 or shall the use of the contents be discontinued for any other
fault by "AAA", KISTI shall not refund payment received for usage.

Article 8 (Duties)
1) "AAA" shall submit to KISTI an annual report as exhibited in Appendix 2 regarding
the status on contents usage provided by KISTI till one (1) month before the expiration
date of the Agreement.
2) "AAA" shall include contents similar to "This research findings and related outcome
is the result of using Digital Korean or Visible Korean Data provided by Korea Institute
of Science and Technology Information," for the purpose of clarifying the source of the
contents.
3) KISTI and "AAA" shall not reveal any secret information obtained on the basis of
this Agreement to a third party. If revealing information to a third party is inevitable,
then prior written consent should be obtained from the other Party.

Article 9 (Exclusions) KISTI shall not be liable for any damages resulting from
erroneous outcomes that may occur as a result of the said contents.

Article 10 (Amendments)
1) "AAA" shall notify the prior written notice and obtain the consent from KISTI
regarding any amendments in its right as user of the said contents by means of change
in user rights or merger & acquisition of user agency in Article 4 Section 1 Paragraph 2.
2) Any amendments or supplements made to the provisions of said Agreement may be
made with the written agreement of both parties.

Article 11 (Termination of Contract)


1) KISTI shall have the right to terminate this Agreement with "AAA" by written notice
shall "AAA" fall under any of the following provisions:
i) acts that breach scope of rights prescribed in Article 4 Section 1,
ii) acts that fall under restrictions prescribed in Article 4 Section 2,
iii) failure to execute conditions prescribed in Article 5 Section 2,
iv) acts that fall within the restrictions prescribed in Article 6,
v) failure to execute duties prescribed in Article 8 or failure to execute in good faith,
vi) failure by "AAA" to obtain consent prescribed in Article 10
vii) acts that lead to its liquidation or reorganization, and
viii) acts that lead to the judgment that "AAA" cannot continue this Agreement by
breach of contract or related laws.
2) Pursuant to Section 1 Paragraphs 1 to 6 and Paragraph 8, KISTI may give written
notice regarding "AAA"'s breach of duty and shall "AAA" fail to remedy such breach
within thirty (30) days after its receipt such notice, KISTI may thereupon terminate this
Agreement immediately.
3) Pursuant to Section 1 Paragraph 7, KISTI shall have the right to terminate this
Agreement at anytime when KISTI discovers such acts by "AAA".
4) Termination under Sections 2 and 3 shall take effect after receipt of termination
notice by the other party.

Article 12 (Measures Following the Termination)


1) Upon the expiration of the term or the cancellation of this Agreement (hereinafter
referred to as "termination"), all usage rights prescribed in Article 4 shall expire
immediately.
2) "AAA" shall, within 30 (thirty) day of the termination date, return or obliterate any
contents obtained on the basis of this Agreement or any copies obtained under the
provisions of Article 4.
3) In case of Section 2 of this Article, "AAA" shall submit to KISTI the proof that all
relevant contents or data has been completely obliterated from its files and information
system.
4) Prohibition of disclosure of information prescribed in Article 8 Section 3 and
exclusions prescribed in Article 9 shall survive and continue in full force and effect after
the termination or expiration of this Agreement.

Article 13 (Claim for Damages)


1) Shall matters fall under any of the following provision, KISTI reserves the right to
file either a civil or criminal lawsuit on the basis of laws related to copyright.
i) acts that lead to termination of Agreement as prescribed in the provisions of Article
11, and
ii) failure to remedy as prescribed in Article 12
2) Shall KISTI suffer damages due to "AAA"'s deliberate and negligent act,
KISTI reserves the right to claim compensatory damages from "AAA".

Article 14 (Force Majeure) Neither party shall be held responsible for any
damages or casualties that occur as a result of force majeure or other acts or
circumstances beyond control during the course of performing this Agreement.

Article 15 (Interpretation)
1) As a principle, in matters not explicitly expressed or in matters whose
interpretation are subject to dispute, the interpretation of a third party, who
shall be jointly agreed upon by both KISTI and "AAA", shall be applied.
2) Parties to this Agreement shall conform to the particulars of this Agreement
on a faithful basis.
3) Regular laws and commercial practices shall be applied in matters not
clearly stated in this Agreement.

Article 16 (Arbitration of Disputes)


1) If a dispute arises between the parties regarding the execution of this
Agreement or in carrying out its duties, both parties shall strive to reach an
accord by mutual consent.
2) If, despite Section 1 of this Article, the dispute is not settled, then the
exclusive laws and jurisdiction of the Courts located within "AAA"'s domicile
shall prevail. If "AAA" is an alien, the jurisdiction shall be settled upon
consultation and by mutual consent between both parties hereto.

Article 17 (Special Matters) The following contents shall be set as Special


Matters outside of the general matters of this Agreement, and shall the Special
Matters contradict the text, then the contents of the Special Matters shall
prevail.

Whereas the parties have agreed to the validity of this Agreements, this
Agreement shall be signed and executed in 2 (two) copies for the safekeeping
of 1 (one) copy for each party.

Appendix 1 : Application for Usage of Digital and/or Visible Korean Data (Non-
commercial or Research Use)
Appendix 2 : Annual Report on Results of Data Usage (Non-commercial or Research
Use)

Korean Institute of Science and Technology Information


Address: 335 Gwahangno, Yuseong-gu, Daejeon, 305-806 Korea South
By : Young-Seo Park
Title : President of KISTI
Date :

"AAA"
Address :
By :
Title :
Date :

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