Triad National Security, LLC (TRIAD) conducts research and development at Los Alamos National Laboratory (LANL) for the U.S. Government under Contract No. 89233218CNA000001 (Prime Contract) with the National Nuclear Security Agency (NNSA) of the U.S. Department of Energy (DOE).

PLEASE READ THE TERMS OF THE FOLLOWING GOVERNMENT USE NOTICE AND ACKNOWLEDGMENT CAREFULLY. BY REQUESTING THE SOFTWARE DISTRIBUTED WITH THIS GOVERNMENT USE NOTICE AND ACKNOWLEDGMENT (THE "SOFTWARE"), YOU (“USER”) ARE CONFIRMING ACCEPTANCE OF THIS SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS GOVERNMENT USE NOTICE AND ACKNOWLEDGMENT ("AGREEMENT"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, TRIAD WILL NOT PROVIDE USER WITH THE SOFTWARE.

The term “Software” as used herein means PeakEasy, Version 5.x in executable form, referred to internally by TRIAD as copyright number “C23058”, assertion approved by DOE on March 28, 2023.

1. Acknowledgment of Grant, Request Submission, Use of Software and Agreement Expiration / Termination.
   1. Acknowledgment of Grant. TRIAD acknowledges that it has granted to the U.S. Government and to parties having an active contract with the U.S. Government a limited, nonexclusive, paid-up, irrevocable, world-wide license in the copyrighted Software.
   2. Request for Use. Requests for Software may be sent through: https://peakeasy.lanl.gov/RequestAccount, together with the following information:
      1. U.S. Government Employees: Employees of the U.S. Government are required to submit their formal work email and the name of their corresponding U.S. government agency.
      2. ii. U.S. Government Management and Operations Contractor Employees: Employees of U.S. Government Management and Operations Contractor organizations are required to submit their formal work email and the name of their employer.
      3. Others: Remaining Users not covered under the definition of either Section 1(b)(i) or (ii) are required to submit: (1) their formal work email, (2) the name of their employer, and (3) the number and expiration date of the corresponding U.S. Government Contract governing the project for which the Software will be used.
      After TRIAD receives and verifies the request, a PeakEasy user account will be created for the User.
   3. Use of Software. Licensee may install, use, and run the Software on User’s computer system.
   4. Agreement Expiration / Termination. Agreement remains in effect until the expiration of the last to expire of the corresponding U.S. Government Contract(s), unless sooner terminated by operation of law or by acts of one or more parties to the Agreement in accordance with the terms of this Agreement.
2. Distribution. User has no right to distribute or transfer the Software to any third-party entity without prior written permission from TRIAD. Such requests for permission may be sent to the Richard P. Feynman Center for Innovation, Licensing Team, at licensing@lanl.gov.
3. Ownership. User does not acquire any property right, title or interest in the Software.
4. Proprietary Rights.
   1. User shall only use the Software for the purposes described in Section 1 (Acknowledgment of Grant and Use of Software). The Software, in whole and in part and all copies thereof, are and will remain the sole and exclusive property of TRIAD.
   2. User shall not delete or in any manner alter the copyright, trademark, or other proprietary rights notices of TRIAD, appearing on or in the Software, file and screen outputs and prints generated with the Software as delivered to User.
5. Third-Party Materials and Licenses. The Software may include software, content, data, or other materials, including related documentation, which are owned by parties other than TRIAD and that are provided to the User on license terms that are in addition to and/or different from those contained in this Agreement. Notwithstanding any other provisions of this Agreement to the contrary, nothing in this Agreement will be deemed to be a grant by TRIAD of a license, sublicense, or other grant of a right to the User to use any third-party rights or any rights under any third-party license that cannot be licensed, sublicensed, or granted without the consent, approval, or agreement of another party, unless such consent, approval, or agreement is first obtained by User.
6. Use Restrictions.
   1. User is strictly prohibited from using the Software for commercial purposes, including sale, consultation, provision of services, or any other commercial purpose. User is required to obtain a commercial license from TRIAD before making any commercial use of any product or process derived from the Software. TRIAD has no obligation to grant a commercial license to User, and in some cases the Software may not be available for commercial licensing.
   2. User has no right to use the Software for any academic purpose, except for academic purposes where the work being performed is part of a U.S. Government contract. User is required to obtain an academic license from TRIAD before using the Software for any academic purpose where the work being performed is not part of a U.S. Government contract. TRIAD has no obligation to grant an academic license to User, and in some cases the Software may not be available for academic licensing.
7. Warranty. THE TECHNOLOGY EMBODIED IN THE SOFTWARE IS PROVIDED AS IS, WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED. NEITHER TRIAD NOR THE U.S. GOVERNMENT MAKES ANY REPRESENTATION OR WARRANTY THAT THE SOFTWARE WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. IN NO EVENT WILL TRIAD OR THE U.S. GOVERNMENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM EXERCISE OF THIS GOVERNMENT USE NOTICE AND ACKNOWLEDGMENT OR THE USE OF THE SOFTWARE.
8. Export Control and Sanctions.
   1. Export Control. User acknowledges that Software has been designated by the U.S. Department of Commerce as subject to control under Export Control Classification Number “EAR99”. Pursuant to this classification, export licenses may be required for access, exports, transfers or other releases to embargoed countries, a prohibited end-user, or used in a prohibited end-use. User is responsible for compliance with these requirements. User agrees to abide by the requirements of the U.S. Department of Commerce Export Administration Regulations (EAR) and instructions from TRIAD related to any export requirements.
   2. U.S. Sanctions Requirements. In addition to the EAR, the Software is also subject to the requirements of U.S. sanctions laws and regulations governed by the U.S. Department of Treasury and the U.S. Department of State. These requirements are in addition to the EAR obligations outlined in Section 8. U.S. Sanctions laws and regulations prohibit parties from engaging with sanctioned countries and sanctioned parties identified on U.S. government published lists. This includes, but is not limited to the Specially Designated Nationals List, as published by the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC). User agrees to abide by these obligations as well and will not engage with any sanctioned countries or sanctioned parties, absent authorization from the relevant U.S. Government agency and notice to TRIAD. User acknowledges that a breach of this Section is subject to TRIAD’s unilateral right to terminate this Agreement, offer a cure period to remediate any noncompliance, and / or terminate access to the Software. USER’s FAILURE TO CONFORM TO SUCH LAWS, REGULATIONS, RULES, AND DECREES MAY RESULT IN CRIMINAL LIABILITY UNDER U.S. LAW.
9. Copyright Notice and Acknowledgment of Government Sponsorship / License Rights. TRIAD has affixed the applicable copyright notice of 17 USC 401 or 402 on the copyrighted data and also an acknowledgment of the Government sponsorship and license rights under the Prime Contract. User shall not modify or remove these notices and acknowledgments. The acknowledgment of Government sponsorship and license rights shall be as follows:
   
   Notice: These data were produced by Triad National Security, LLC under Contract No. 89233218CNA000001 with the Department of Energy/National Nuclear Security Administration. For five years from date permission to assert copyright was obtained, the Government is granted for itself and others acting on its behalf a nonexclusive, paid-up, irrevocable worldwide license in this data to reproduce, prepare derivative works, and perform publicly and display publicly, by or on behalf of the Government. There is provision for the possible extension of the term of this license. Subsequent to that period or any extension granted, the Government is granted for itself and others acting on its behalf a nonexclusive, paid-up, irrevocable worldwide license in this data to reproduce, prepare derivative works, distribute copies to the public, perform publicly and display publicly, and to permit others to do so. The specific term of the license can be identified by inquiry made to Contractor or DOE/NNSA. Neither the United States nor the United States Department of Energy/National Nuclear Security Administration, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any data, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights.
   
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10. Publications. User has no right to use in advertising, publicity, press release, any other promotional activity, or in any technical or trade publication, any name, tradename, trademark, or other designation (including any contraction, abbreviation, or simulation of any of the foregoing) of the Department of Energy, Los Alamos National Laboratory, or TRIAD National Security, LLC, without the prior written permission of TRIAD.
11. Certification. User certifies that the Software will be used solely to perform work for or on behalf of the U.S. Government for U.S. Government purposes pursuant to Section 1 (Acknowledgment of Grant, Request Submission, Use of Software and Agreement Expiration / Termination).
12. Choice of Law. This agreement will be interpreted and construed in accordance with the laws of the State of New Mexico, excluding any choice of law rules that would direct the application of the laws of another jurisdiction.
13. Survival of Obligations. The provisions of Sections 5 (Third-Party Materials and Licenses), 7 (Warranty), 8 (Export Control and Sanctions) and 12 (Choice of Law) will survive termination of this Agreement.
14. Entire Agreement. This Agreement constitutes the entire Agreement between the User and TRIAD with respect to the use of the Software.