What are User Agreements?
The SSRL website says it best.
FACET, LCLS and SSRL are facilities owned by the U S Department of Energy at SLAC and operated by Stanford University under contract with the DOE. The US invested hundreds of millions of dollars in designing and building SSRL and LCLS, and the annual operating costs are not insignificant. The DOE owns many such “User Facilities” at various DOE labs across the United States. The facilities are made available to Users under standard agreements prescribed by the DOE. Users may use the facilities under one of two sets of conditions – for free, which is the non-proprietary version, or on a “full cost recovery” basis, which is the proprietary agreement. SLAC has very limited flexibility in negotiating the terms and conditions to either of the versions.
Does the Costs, Billing and Payments section mean I need an account at SLAC?
Costs, Billing and Payments.
Under the terms of the Non-Proprietary Agreement, Users may use the facility at no charge. However, in carrying out an experiment, there is sometimes the need for supplies that are not provided for free. This provision merely covers such circumstances.
Prior to your experiment coming to SLAC, there needs to be an understanding between the facility and you about what specialist supplies and additional support is required. The facility will estimate the costs associated with this. If the estimate is greater than zero, you will need to set up an account at SLAC to handle paying for the support or supplies.
How does the User Agreement get applied to the Users?
SLAC is a DOE-owned lab and has substantial security and safety requirements. Users are not admitted without agreeing to comply with our requirements. The institution must agree to comply with these, and the individual users who come to SLAC will be required to sign the single-page acknowledge at the end of the User Agreement (one acknowledgement per User).
Can I change parts of the User Agreement?
Except for provisions marked with ***, minor modifications may be made. Send queries and suggestions to the FACET User Manager who will forward to the appropriate legal counsel for Stanford.
Note that Indemnity in particular is not possible to alter- Any significant change to this clause will require review and approval from DOE counsel and contracting officer. I would not anticipate their approval of this change. The obligations are made subject to the extent permitted by State Law.
Under the Non-proprietary agreement, am I losing my patent and data rights?
Patent and Data Rights in the Non-Proprietary Agreement.
Under US law, all intellectual property (IP), including data, generated at a DOE-owned facility belong to the US government. However, DOE is authorized to “waive” some of its IP rights under certain conditions. It cannot waive the requirement to retain a non-exclusive royalty free license. The license DOE retains is not for commercial use, and does not include the right to sublicense for commercial purposes. These rights are available for use by SLAC or other DOE labs (or other US Government labs) for research purposes only.
This agreement would only apply to those activities (data, inventions, etc) arising out of the work performed under the terms of the Non-Proprietary User Agreement. Please keep in mind that the User will be under obligation to publish the results of its work performed at FACET, SSRL or LCLS in accordance with the Agreement.
Is the Publications section putting a ban or limit on my publications?
This is a DOE requirement. It does not prohibit or limit publication, it just means that we need prior notification. The Users should contact the FACET User Manager and follow our FACET publications guideline.
What do I do if I have a question that isn't answered here?
Contact the FACET User Manager Christine Clarke. She will then forward emails to the legal counsel at Stanford to answer questions. In general it should be noted that there is very little we can do to change the user Agreements which are from DOE.
Who has to sign the User Agreement?
Frequently, the appropriate person to sign on behalf of the institution is the head of the university, dean of research, head of the international affairs office, legal counsel, etc.