Becoming a Remote User
Being a remote user involves those, who are either a non-UW student, or an employee of or an independent consultant under contract. The MMF and MONT form an integrated research laboratory funded, in part, by the National Science Foundation (NSF) though the National Nanotechnology Coordinated Infrastructure (NNCI) (or successor grants).
Policies and Liability
The REMOTE USER agrees to provide a detailed, written description of required services, desired process specifications, and requisite characterization steps required for completion of foundry services. In addition, the REMOTE USER must coordinate any required measures to secure technical samples (e.g. International Traffic in Arms Regulations (ITAR) or Export Administration Regulation controls), intellectual property, INSTITUTION or process recipe indemnification, and/or environmental control and storage conditions with the assigned lead MMF engineer prior to delivery of technical samples to MMF. MMF engineers will perform foundry services using a best effort, time and materials cost reimbursement delivery model. MMF engineers will utilize best available business practices, process methodologies, and materials selections prior to committing technical samples to the work stream. Foundry services will be completed in as timely a manner as possible, but may be impacted by equipment and process engineering availability. Upon entering the work stream, the lead MMF engineer will provide the REMOTE USER with an initial milestone schedule and will send notifications of any events that may result in significant deviation from the schedule.
Upon initiation of a foundry services request, the lead MMF engineer will furnish the REMOTE USER with a good-faith estimate of lab fees, labor hours, materials, and other purchases required to complete the foundry services as defined in writing. The INSTITUTION acknowledges responsibility for purchases, materials costs and lab fees incurred by the REMOTE USER in his/her use of the MMF. The lead MMF engineer will notify the REMOTE USER of any expenditure that will result in exceeding a 10% variance above the good-faith estimate and halt foundry services until the REMOTE USER approves the variance in writing.
Any future fee changes in excess of 10% will be made with at least 90 days’ notice. The INSTITUTION is responsible for promptly notifying the MMF facility operations manager in writing if a REMOTE USER ceases to be a student, or employee of, or under contract to the INSTITUTION and is responsible for all fees and costs by such REMOTE USER until such time as notice is received by the facility operations manager. Non-payment of fees within sixty (60) days of receipt of invoice by the INSTITUTION will subject the INSTITUTION to termination of laboratory access with ten (10) days notice to the INSTITUTION. Finance charges at a periodic rate of 1% per month or 12% per year shall be added to balances past due over thirty (30) days. The INSTITUTION acknowledges it will be financially liable for equipment or other property damage if it is found to result from negligence or violation by the REMOTE USER of standard MMF policies and procedures.
The REMOTE USER has the option of accompanying the laboratory staff during foundry operations but must be escorted at all times. The INSTITUTION acknowledges responsibility and liability for the acts and negligence of its employees and agents and maintains health, accident and workers’ compensation insurance for the REMOTE USER if he/she is observing foundry operations at MMF. The REMOTE USER and the INSTITUTION understand that use of MMF may involve exposure to potentially hazardous conditions including, but not limited to, chemical, mechanical, electrical, thermal, and radiation hazards. INSTITUTION’s health and accident insurance coverage shall cover problems related to these hazards. The parties agree that the relationship between the parties established by this Agreement does not constitute a partnership, joint venture, agency, or contract of employment of any kind between them and that nothing herein shall be interpreted as establishing any form of exclusive relationship between the parties. The REMOTE USER and the INSTITUTION Neither party shall have any liability of any kind to the other Party for any indirect damages, including, but not limited to, lost profits, lost revenues, or loss of use.
Limits on Use:
Foundry services within MMF will not be initiated until such time as the REMOTE USER has returned an executed Remote Use Agreement Form, the User Billing & Information Form, is covered by a Reviewed Research Project that is on file with and approved by the MMF lab managers. Processes with the potential to significantly affect the research of other users or the general operation of the lab may not be allowed (e.g., new and proprietary chemicals must be reviewed and approved before being brought into the lab). REMOTE USERS are encouraged to accompany the laboratory staff during their foundry services if desired and coordinated; however, they are not permitted unilateral access to the facility unless a separate facility use agreement has been executed and the REMOTE USER successfully completes mandatory training. A REMOTE USER’S access to MMF is contingent upon his or her continuing affiliation with the INSTITUTION. If the REMOTE USER’s affiliation with the INSTITUTION ends, the INSTITUTION should appoint a replacement REMOTE USER and inform the lead UW engineer of the new point of contact as soon as possible. Non-authorized persons are prohibited from accompanying, 2 observing, or helping users at work unless specifically approved by the laboratory staff.