NIST Terms of Service (TOS) Addendum
Type: Special Notice
Overview

Buyer

COMMERCE, DEPARTMENT OFNATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGYDEPT OF COMMERCE NISTGAITHERSBURG, MD, 20899, USA

Original Source

https://sam.gov/opp/5561cbd9e5e64ef8bd0ff5b57bb3d84d/view
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    Description

    Special Notice: COMMERCE, DEPARTMENT OF - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

    The National Institute of Standards and Technology (NIST) has issued a special notice regarding the NIST Terms of Service (TOS) Addendum. This Addendum is incorporated into any terms of service, end-user license agreements, or software license agreements intended to create binding obligations on NIST or NIST employees acting in an official capacity.

    The purpose of the NIST Addendum is to establish certain provisions and requirements for agreements involving NIST. It covers various aspects such as the governing laws, dispute resolution, indemnification and warranties, intellectual property, confidentiality, audits, additional terms, obligations and taxes, non-assignment, precedence and survival, and duration of the agreement.

    This notice ensures that any agreement entered into by NIST, its employees, or authorized end users includes the automatic inclusion of the NIST Addendum. It clarifies that the act of clicking an "I agree" box or electronically accepting an agreement does not bind the Government, its employees, or any authorized end user without the simultaneous automatic inclusion of this Addendum.

    The NIST Addendum emphasizes that the Agreement is governed exclusively by the Federal laws of the United States of America, and laws of other jurisdictions do not apply. It also limits specific remedies, indemnifications, warranties, liabilities, fines, penalties, fees, and interest charges to those traditionally available in law suits involving the Federal government or as permitted by Federal law.

    Furthermore, the Addendum states that intellectual property created by employees of the Federal government is owned exclusively by the Federal government, with no encumbrances or obligations for licensing or assignment to any other party. It also addresses confidentiality or use of information provisions, which are subject to the Freedom of Information Act and other Federal laws and regulations governing confidential or protected information provided to NIST.

    The NIST Addendum clarifies that only information identified as confidential in writing when supplied to NIST will be treated as confidential. It also highlights that information obtained by NIST is subject to the Whistleblower Protection Act, ensuring consistency with existing statutes and Executive orders relating to classified information, communications to Congress, reporting violations, and whistleblower protection.

    Additionally, the Addendum specifies that only the U.S. Inspector General or other authorized Federal agency may audit NIST. It also includes provisions for any additional terms or conditions, future modifications to the Agreement, or documents incorporated by reference, which are subject to this Addendum.

    The Agreement does not obligate any funds, and the Government is duty and tax-exempt. It also prohibits the assignment or delegation of rights or obligations without the Government's prior approval. The NIST Addendum takes precedence over all other terms and conditions in the Agreement or related documents and survives the termination of the Agreement. The duration of the Agreement is limited to five (5) years.

    Overall, this special notice provides important information about the NIST Terms of Service (TOS) Addendum, which establishes provisions and requirements for agreements involving NIST, ensuring compliance with Federal laws and regulations, protecting intellectual property, and clarifying the inclusion of this Addendum in any binding agreement.

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