NIST Terms of Service (TOS) Addendum

The purpose of this notice is to provide the National Institute of Standards and Technology (NIST) Terms of Service (TOS) Addendum.

This Addendum is incorporated into any terms of service, terms of use, end-user license agreements (EULAs), software license agreements, or any other document intended to create binding obligations on NIST or NIST employees acting in an official capacity (“Agreement”). This Addendum is referred to as “Addendum” “NIST Addendum” or “TOS Addendum”.

For purposes of the NIST Addendum “Government” refers to NIST.

Neither the Government, its employees, or authorized end users shall be deemed to have agreed to any Agreement either through signature, acceptance, or by an “I agree” click box or other comparable mechanism (e.g. “click wrap” or “browse wrap” agreements) (also referred to as “Agreement” herein), without the automatic inclusions of this Addendum in such Agreement. The act of clicking such box or electronically accepting an Agreement does not bind the Government, its employee, or any Government authorized end user to such Agreement without the simultaneous automatic inclusions of this Addendum.

1. Law and disputes

(a) Notwithstanding anything to the contrary contained in the Agreement, the Agreement is governed exclusively by the Federal laws of the United States of America. Laws of other jurisdictions do not apply.

(b) Dispute resolution, mediation or specific forum or venue clauses that are different from those prescribed by applicable Federal law are hereby deleted.

(c) Specific remedies at law or in equity or limitations thereof are limited to those traditionally available in law suits involving the Federal government and/or are specifically permitted by Federal law.

2. Indemnification and warranties

Terms that include indemnifications, warranties, acceptances of liabilities and/or limitations of liabilities, fines, penalties, fees (including attorney’s fees), interest charges and terms concerning claims, demands, complaints and disputes will be subject to and limited by the Contract Disputes Act (41 U.S.C. §§601-613), the Tucker Act (28U.S.C. § 1346(a) and § 1491), the Federal Tort Claims Act (28 U.S.C. §§ 346(b), 2401-2402, 2671-2672, 2674-2680), the Anti-Deficiency Act (31 U.S.C. §1341) or other applicable governing authority.

3. Intellectual Property

Intellectual property created by employees of the Federal government is owned exclusively by the Federal government with no encumbrances or obligations, including licensing or assignment to any other party.

4. Confidentiality

Confidentiality or use of information provisions contained in the Agreement are subject to the Freedom of Information Act, records retention regulations, and other Federal laws and regulations governing confidential, proprietary or otherwise protected information provided to NIST. Only information identified as confidential in writing when supplied to NIST will be treated as confidential. Information obtained by NIST is subject to the Whistleblower Protection Act, namely: These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this Agreement and are controlling.

5. Audits

Only the U.S. Inspector General or other authorized Federal agency may audit NIST.

6. Additional Terms

Any additional terms or conditions, future modifications to this Agreement, or documents incorporated by reference, attached as exhibits or schedules, now or at any future date, are subject to this Addendum.

7. Obligations, fees, and taxes

No funds are obligated by this Agreement. The Government is duty and tax-exempt.

8. Non-assignment

This Agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government’s prior approval.

9. Precedence and survival

This NIST Addendum takes precedence over all other terms and conditions in the Agreement or in any documents related to the Agreement and survives the termination of the Agreement.

10. Duration

The duration of the Agreement shall not exceed five (5) years.