CENTER FOR NANOSCALE SCIENCE AND TECHNOLOGY
 

NANOFAB FACILITIES USE AGREEMENT
 

FOR NON-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 non-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. 

(2)	 USER agrees to discontinue its use of the NanoFab upon the date of receipt of written notice of 

termination from NIST. 

(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)	 If User transfers any of User’s materials to NIST at any time during this !greement, the Parties agree that 

the materials will be specified in the applicable CNST Project Application, and that the materials shall only 

be used for the purpose of the Project. NIST agrees not use the material for commercial purposes. User 

retains title to the material, and NIST agrees not to transfer the material to others without advance written 

approval of the User. Upon completion of the Project, or upon expiration or earlier termination of this 

Agreement, whichever occurs first, NIST will destroy or return the material as mutually agreed by NIST and 

User. 

(5)	 USER agrees to be responsible for the acts or omissions of any employees and collaborators (as listed on or 

provided with the USERS’s project application) while using the NanoFab on site. 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. 

(6)	 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. 

(7)	 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. 

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(8)	 USER agrees not to use the name of CNST, NIST or the 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. 

(9)	 USER agrees to report to CNST in writing any processes, techniques and other results developed by
 

USER in the course of each Project, including an annual report of all outputs and accomplishments
 

associated with USER’s Project(s), including all publications, presentations, patent applications, media
 

citations, honors, and awards. 

(10)	 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 

Projects 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:
 

Mailing Address for Written Notices: 

100 Bureau Drive, MS 6201 

Gaithersburg, Maryland 

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

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