CENTER FOR NANOSCALE SCIENCE AND TECHNOLOGY
 

NANOFAB FACILITIES USE AGREEMENT
 

FOR PROPRIETARY RESEARCH
 

The National Institute of Standards and Technology (NIST) and _________________ (USER) hereby enter into 

this Facilities Use Agreement under the terms and conditions set forth below,and in accordance with NIST’s 

policies on the use of NIST equipment and facilities. This Agreement is effective upon the date of the last 

signature below (Effective Date). Pursuant to this Agreement, USER is authorized use of NIST’s enter for 

Nanoscale Science and Technology (CNST) Nanofabrication Facility (NanoFab) to conduct certain CNSTapproved proprietary research (hereinafter referred to as “Project(s)”). The NanoFab is a NIST-designated User 

Facility. 

(1)	 USER shall be allowed to use the NanoFab for four (4) years from the Effective Date for CNST-approved 

Project(s), subject to a schedule ofuse agreed to by NIST. Either Party may terminate this Agreement 

at any time. USER’s termination does not relieve USER’s obligation to pay NIST for its use up to the 

date of termination. USER agrees to discontinue its use of the NanoFab upon the date of receipt of 

written notice of termination from NIST. 

(2)	 NIST employee(s) may train and may provide information regarding tools at the NanoFab, but NIST 

employees may not assist with the execution of the USER’s proprietary Project(s). 

(3)	 USER agrees to pay NIST in US currency for its use of the Facility in full based on the NanoFab Tool Rates 

and in accordance with the terms on the NanoFab Payment Form effective as of the date of use of the 

Facility. 

(4)	 USER agrees to be responsible for the acts or omissions of USER’s employees, and any individual using the 

NanoFab on USER’s behalf, during its use of the NanoFab. As an agency of the Federal Government, NIST is 

only responsibility for the act or omission of its employees to the extent permitted under the Federal Torts 

Claims Act. 

(5)	 USER shall not disclose any confidential information to NIST under this Agreement. During the course of 

the USER’s Project(s), if NIST and USER find that it is necessary for USER to disclose certain confidential 

information to NIST, NIST and USER will enter into a separate, written non-disclosure agreement. USER 

acknowledges that NIST and the Department of Commerce (DoC) are subject to the Freedom of 

Information Act and that NIST and DoC will not be held liable for the disclosure and/or copying of data or 

information which NIST and DoC determine cannot be withheld lawfully, or which a court of competent 

jurisdiction requires disclosed. 

(6)	 If and when on NIST premises, USER’s employees and any individual using the NanoFab on USER’s behalf 

shall abide by all regulations applicable to NIST personnel relating to conduct, and shall adhere to 

applicable building and restricted area access controls. USER agrees to provide to NIST the names of such 

employees and individuals for entry into the NIST Associate Information System (NAIS) prior to access to 

the NanoFab. 

(7)	 USER agrees not to use the name of CNST, NIST or DoC on any advertisement, product or service that is 

directly or indirectly related to this Agreement, and not to imply in any waythat CNST, NIST or the 

Department endorses USER’s products or services. 

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(8)	 USER agrees to provide annually to CNST a list of all outputs and accomplishments associated with 

USER’s Project(s), including all publications, presentations, patent applications, media citations, honors, 

and awards. 

(9)	 USER agrees to acknowledge the CNST in oral presentations and in written publications or other
 

published documents reporting the results associated with or made possible by each of the USER’s
	

Project(s) with the statement: “Research performed in part at the NIST Center for Nanoscale Science
 

and Technology.”
	

By signing below, each signatory represents that it has the authority to execute this Agreement and to bind its
 

Party to the terms and conditions herein.
 

SIGNATURE FOR USER:
 

By:
 

Date:
 

Affiliation:
 

Name:
 

Title:
 

Mailing Address for Written Notices:
 

SIGNATURE FOR NIST CNST: 

Mailing Address: 

100 Bureau Drive, MS 6201 

Gaithersburg, Maryland 

! OPY MUST E PROVIDED TO NIST’S TEHNOLOGY P!RTNERSHIPS OFFIE. 

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