PLEASE READ THE FOLLOWING LEGALLY BINDING TERMS CAREFULLY BEFORE USING OR ACCESSING THE SERVICES (AS DEFINED BELOW). THESE TERMS OF SERVICE WILL APPLY TO ANY QUOTATION, ORDER, ORDER ACKNOWLEDGEMENT, AND INVOICE REFERENCING THE SERVICES, AND ANY LICENCE OR DELIVERY OF THE SERVICES BY ILLUMINA. BY SELECTING THE ACCEPT OPTION, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND THE TERMS OF THE ILLUMINA CORPORATE PRIVACY POLICY.
ILLUMINA IS WILLING TO PROVIDE ACCESS TO CORRELATION ENGINE (“CE”) AND RELATED SERVICES (AS DEFINED BELOW), ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, THE SERVICE LEVEL AGREEMENT AVAILABLE AT (THE "SLA"), AND THE DATA PROCESSING ADDENDUM AVAILABLE AT (THE "DPA"), EACH OF THE SLA AND DPA ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS OF SERVICE. YOU ENTER INTO THESE TERMS OF SERVICE (INCLUDING THE SLA AND DPA) BY (A) CLICKING A BOX INDICATING ACCEPTANCE WHEN IT IS PRESENTED TO YOU; (B) ACCESSING OR USING ANY PART OF THE SERVICESS, AS DEFINED IN SECTION 1 BELOW; OR (C) PLACING AN ORDER FOR CE THAT REFERENCES AN ILLUMINA QUOTATION AND THAT IS ACCEPTED.
BY CHECKING THE CHECKBOX LABELED "I HAVE READ AND AGREE TO ILLUMINA’S TERMS OF SERVICE AND ILLUMINA CORPORATE PRIVACY POLICY, WHICH IS INCORPORATED INTO THESE TERMS OF SERVICE, AND CLICKING ON THE "SIGN IN" BUTTON DISPLAYED AS PART OF THE SIGN-IN PROCESS, OR BY USING THE ILLUMINA BASESPACE CORRELATION ENGINE AND THE ILLUMINA BASESPACE CORRELATION ENGINE FOR COVID-19 WEBSITE OR OTHER SERVICES MADE AVAILABLE THROUGH SUCH WEBSITE (COLLECTIVELY, "SERVICES"), YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS OF SERVICE") GOVERNING YOUR USE OF THE SERVICES. IF YOU ARE ENTERING INTO THESE TERMS OF SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS OF SERVICE, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. "ILLUMINA" MEANS ILLUMINA, INC. OR OTHER ILLUMINA AFFILIATE THROUGH WHICH YOU OBTAIN ACCESS TO THE SERVICE. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MAY NOT SIGN UP FOR THE SERVICES AND MAY NOT USE THE SERVICES. THESE TERMS OF SERVICE ARE EFFECTIVE AS OF THE DATE YOU CLICK TO ACCEPT THE AGREEMENT ("EFFECTIVE DATE").
UNLESS SEPARATE TERMS OF USE ARE EXPRESSLY AGREED TO IN WRITING BETWEEN YOU AND ILLUMINA, THESE TERMS OF SERVICE WILL EXCLUSIVELY GOVERN YOUR USE OF AND ACCESS TO THE SERVICES.
If any of the Services requires you to open a Illumina account ("Account"), you must complete the Account registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a login name. You are entirely responsible for maintaining the confidentiality of your password and Account. Furthermore, you are entirely responsible for any and all activities that occur under your Account. You agree to notify Illumina immediately of any unauthorized use of your Account or of any other breach of security that you become aware of. Illumina will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. However, you could be held liable for losses incurred by Illumina or another party due to someone else using your Account or password. You may not use anyone else's Account at any time without the permission of the Account holder and you may not permit any party to access and/or use the Services with your login name and password. Illumina reserves the right to change or update your login name and password in Illumina's sole discretion from time to time. Illumina also reserves the right to terminate any Account login name or password.
BaseSpace Correlation Engine. Subject to the terms and conditions of these Terms of Service and your payment of all applicable fees, during the Subscription Term, Illumina grants you, a personal, revocable, non-exclusive, non-sublicensable, limited license to access and use the Service as provided herein for your Research Use only. Research Use means use for your internal research, specifically excluding any use that (a)requires new grants of rights or a new license to any Illumina intellectual property rights, (b) is the separation, extraction, or isolation of the algorithms or process included in the Service or other unauthorized analysis of the Service, (c) gains access to or determines the algorithms, processes, or the methods of operation of the Service, or (d) is a clinical, diagnostic, or other non-research use. For the avoidance of doubt, you have no rights to download or modify the Service. You understand that Illumina may update the Service at any time but in doing so, incurs no obligation to furnish such updates to you pursuant to these Terms of Service. Notwithstanding anything to the contrary herein, all rights not specifically granted in the licenses set forth above shall be reserved and remain always with Illumina.
BaseSpace Correlation Engine for COVID-19. In an effort to combat the global COVID-19 pandemic, Illumina is providing limited, no-cost access to the Services to researchers engaged in studying SARS-CoV-2 or COVID-19, subject to these Terms of Service. Subject to these Terms of Service, during the COVID-19 Term, Illumina grants you a personal, revocable, non-exclusive, non-sublicensable, limited license to (i) access and use the Service as provided herein solely for your Research Use related to the SARS-CoV-2 and COVID-19 pandemic, and not for any other purposes.
Subscription Term. The license to the Service in Section 2(A) will commence upon the Effective Date and will continue for the period set forth in the applicable quotation or invoice for your access to the Service (the "Subscription Term"). You agree that if you do not purchase additional use of the Service following the expiration of the Term, Illumina may suspend or terminate the Service upon the expiration of the Term. The Term may be extended for additional periods upon written agreement of you and Illumina and payment of applicable fees.
COVID-19 Term. The license to the Service in Section 2(B) will commence upon the Effective Date and will continue effect until the six-month anniversary of such date (the "COVID-19 term"), unless earlier terminated in accordance with this Section.
Termination. You may, at your option, terminate these Terms of Service at any time upon thirty days' prior written notice to Illumina. Either party may, at its option, terminate these Terms of Service in the event of a material breach by the other party by written notice to the breaching party, specifically identifying the breach or breaches on which such notice of termination is based. The breaching party will have a right to cure such breach or breaches within thirty (30) days of receipt of such notice, and these Terms of Service will terminate in the event that such cure is not made within such thirty (30)-day period.
Termination or Suspension by Illumina. Without prejudice to any other right or remedy available to Illumina, Illumina may suspend or terminate your access to the Service without liability if (i) you materially breach these Terms of Service, (ii) Illumina provides you with written notice that it has a reasonable suspicion that you are using the Service in breach of Sections 6 or 7, or (iii) your account or use of the Service is used for any malicious, illegal, or harmful purpose. In the event Illumina suspends your access to the Service, Illumina shall inform you of the reasons for the suspension and shall reasonably work with you to resolve such issues and re-instate Your access to the Service.
Effect of Termination. Upon termination in accordance with these Terms of Service: (i) the Term and all other rights and licenses granted by Illumina to you under these Terms of Service will cease immediately, and (ii) upon written request, Illumina will promptly return or destroy all of your Submissions within its possession or control, to the extent you are unable to delete such Submissions from within the Service; provided, however, that Illumina shall not be obligated to return or destroy such Submissions that are stored on automated backup systems until the same would be destroyed according to such system’s normal document retention schedule or such Submissions that must be retained for compliance with applicable laws, rules or regulations; provided further that all Submissions so retained shall be subject to the provisions of Section 21 until the same is returned or destroyed. Notwithstanding the foregoing, you acknowledge that the Service contains features which enable you to delete your Submissions and other confidential information from within the Service and it is your responsibility to delete such Submissions and information prior to termination. Any provision which expressly states it shall survive termination or which should by its very nature survive shall survive termination of these Terms of Service.
All information, data, results, ideas, plans, sketches, texts, files, links, images, photos, video, sound, software, inventions (whether or not patentable), notes, works of authorship, articles, feedback, product catalogues or other information, or other materials ("Content") accessible through the Services (the "Services Content") are for informational purposes only. Neither the Services Content nor the Services are a substitute for professional advice on any matter, medical or otherwise. Always seek the advice of a qualified health professional on any matter that may affect your or someone else's health or well-being, or before taking any drug, changing your diet or commencing or discontinuing any course of treatment. Never disregard or delay seeking professional advice because of the Services Content or Services, in whole or in part. No part of the Services Content or Services is regulated or evaluated by the Food and Drug Administration ("FDA"). Neither the FDA nor any other agency or government has approved of the Services Content or Services.
Illumina does not recommend or endorse any treatment, institution, professional, physician, product, procedure or other information that may be mentioned in the Services Content or Services. You acknowledge and agree that (1) the Services Content and Services are provided "as is" and without any representations or warranties of any kind, and (2) any reliance on any Services Content or Services, in whole or in part, is solely at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ILLUMINA AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES, SERVICE, OR SOFTWARE PROVIDED IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ILLUMINA, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. ILLUMINA DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED. You acknowledge and agree that the Service is not intended by Illumina, and has not been designed by Illumina, to be used for patient care purposes, including without limitation, use in diagnosing or treating patients.
You acknowledge and agree that the Services are not intended by Illumina, and have not been designed by Illumina, to be used for patient care purposes, including without limitation, use in diagnosing or treating patients. You assume the sole risk and liability for using the Services for any purpose other than the conduct of research. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Illumina, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, actions, suits or proceedings brought by a third party, and pay all losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services for any purpose other than the conduct of research. You acknowledge and agree that the Services are not intended by Illumina for use by consumers (i.e., personal household use) or persons under 18 years of age or the applicable age of majority if older. You represent and warrant that you are not a consumer.
The Services comprise a variety of resources and features, including a search engine, a correlation engine for life sciences data, a content knowledgebase, electronic storage space, data and information sharing tools, public user information, download and import features, communication forums and tools, personalization features, and product information. Many of the Illumina resources and features are available to all Illumina users, while certain resources and features are available only to registered users and/or paying subscribers. The Services, including any updates and enhancements thereof, any new resources or features, and/or the addition of any new Services Content or websites, are subject to the Terms of Service. The Services include the Services Content, the Software, and the Communication Services, all of which are made available to you at the sole discretion of Illumina.
The Services Content is a knowledgebase of information that includes data, experimental study results, internally processed data and information, and other Content. The Services Content includes Content of various origins and types, including Content originally created by Illumina, Content derived from publicly available resources and websites, Content licensed from third parties, and Content contributed directly by Illumina users. The Services Content also includes the Documents, the Third Party Content and the Submissions, each as defined in the Terms of Service. The Services Content may include material that you find offensive, including health-related content that is sexually explicit.
As a condition of your use of the Services, you agree that you will not use the Services for any purpose that is unlawful or otherwise prohibited by any applicable law or regulation, or the terms, conditions and notices of the Terms of Service. You may utilize the Services solely for your personal and non-commercial research unless you obtain additional rights through a paid subscription or other written agreement with Illumina. You must be at least 18 years old to use the Services. Any publication using or based on information derived from the Services must correctly cite and/or attribute Illumina. You agree that you will not:
Illumina has no obligation to monitor the Services or Communication Services. However, Illumina reserves the right to review Content and Submissions (defined below) posted to and transmitted through the Services and to remove any Content or Submission that Illumina, in its sole discretion, deems to be inappropriate or in violation of these Terms of Service. Illumina reserves the right to terminate or suspend your access to any or all of the Services, including the Communication Services, at any time, without notice, for any reason whatsoever.
The Services may contain e-mail services, bulletin board services, chat areas, news and groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
Illumina reserves the right at all times to disclose any information that it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any Content provided by users, in whole or in part, in Illumina's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or others, including your children, in any Communication Services. Illumina does not control or endorse the content, messages or information found in any Communication Services and, therefore, Illumina specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.
The Services are not intended and should not be used for communicating, discussing, uploading or storing information, records, research, or other materials or items regarding your personal health. Illumina is not a "covered entity" under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder ("HIPAA"). As a result, HIPAA does not apply to the transmission of health information by Illumina to any third party.
Content uploaded to or generated by your use of the Services and Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to all such limitations.
"Third Party Content" means any Content or services that are either provided by third parties (including other Illumina users) on the Illumina website, or made available on third party websites and linked to on or otherwise used in connection with the Services. Third Party Content includes Submissions made by other Illumina users.
You acknowledge that all of the Intellectual Property Rights in the Third Party Content are owned by the third party who created and/or provided such Third Party Content. You are not authorized under the Terms of Service to use that Third Party Content except as expressly permitted. Any rights you have in the Third Party Content of others must be agreed upon by you and the owner of such Third Party Content.
You represent and warrant that, except for Third Party Content that is in the public domain, you will not (1) use, reproduce, make, have made, sell, offer for sale, import, modify, publish, transmit, distribute, publicly perform or display, sell, disclose to any third party, or create derivative works based on the Third Party Content, or (2) decompile or reverse engineer any Third Party Content, without the prior written consent of the owner of such Third Party Content and without correct and complete attribution to the owner and/or author of such Third Party Content or to any other sources of such Third Party Content as may be appropriate.
You acknowledge and agree that, although Illumina may periodically screen, modify, refuse or remove certain Third Party Content, (a) Illumina is not responsible for any such Third Party Content, (b) Illumina makes no guarantees about the accuracy, currency, suitability, or quality of the information in such Third Party Content, and (c) Illumina assumes no responsibility for any unintended, objectionable, inaccurate, misleading, or unlawful Third Party Content made available by other users and third parties.
Providers of Third Party Content made available through or in connection with the Services may require your agreement to additional or different license or other terms prior to your use of or access to such Third Party Content. The scope of any rights that you may have with respect to Third Party Content that you access through the Services, as well as the scope of any rights that you grant to any third party with respect to Submissions by you, must be defined and governed by an agreement between you and such third party and not between Illumina and you, or Illumina and such third party. You agree that Illumina will not be responsible for any loss or damage incurred as the result of your dealings with any Third Party Content provider or with respect to any other user's use or disclosure of any of your Submissions or personally identifiable information. If there is a dispute between you and any third party (including any other customer or user), Illumina is under no obligation to become involved; however, Illumina reserves the right to monitor disputes between you and any such party in its sole discretion.
ILLUMINA DOES NOT CLAIM OWNERSHIP OF THE EXPERIMENTAL DATA, INFORMATION, OR OTHER CONTENT YOU PROVIDE, POST, IMPORT, UPLOAD, INPUT OR SUBMIT TO ILLUMINA OR ITS SERVICES (EACH A "SUBMISSION" AND COLLECTIVELY "SUBMISSIONS").
BY PROVDING SUBMISSIONS INTO THE SERVICES AND AGREEING TO SHARE ANY SUBMISSIONS WITH THE PUBLIC, YOU ACKNOWLEDGE AND AGREE THAT OTHER USERS OF THE SERVICES MAY ACCESS AND USE YOUR DATA FOR THEIR OWN RESEARCH PURPOSES. YOU MAY CHOOSE NOT TO MAKE YOUR SUBMISSIONS PUBLICLY AVAILABLE.
You agree that you are authorized to use and transmit the Submissions on or through the Services, including that your use and transmission of Submissions on or through the Services complies with all applicable laws and regulations, including without limitation, any data privacy laws and laws protecting intellectual property rights, and that you have obtained all necessary permissions (including, without limitation, all consents from human subjects) to use and transmit the Submissions on or through the Services. You acknowledge that Illumina has no responsibility to monitor or screen the Submissions for compliance with any law or regulation or for any other purpose.
No compensation will be paid with respect to the provision or use of your Submission. Illumina is under no obligation to post or use any Submission you may provide and Illumina may remove any Submission at any time in its sole discretion. Illumina is not obligated to backup any Submission or related content. You are solely responsible for creating and keeping backup copies of any Submission at your own cost and expense. You agree that any use of the Services contrary to or in violation of the representations and warranties that you make here constitutes improper and unauthorized use of the Services and a breach of these Terms of Service.
By posting, importing, uploading, inputting, providing or submitting ("Posting") your Submission, you permit Illumina to use your Submission in connection with the operation of its businesses including, without limitation, the Services, and you hereby grant Illumina and its affiliates a non-exclusive, irrevocable, perpetual, worldwide, sub-licensable, fully-paid and royalty-free license to store, distribute, transmit, display and perform, publish, reproduce, translate, annotate, reconfigure, modify, create derivative works from and reformat your Submission as appropriate for the Services, and to make your Submissions available to any user that you elect to give access to. You further acknowledge that the Content that is provided, posted, imported, uploaded, inputted or submitted to the Illumina public library may be accessed by all users of the Services. You are solely responsible for any Submissions that are posted through your Account.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to such Submission as described in the Terms of Service including, without limitation, all the rights necessary for you to Post the Submission and to make it available to others, if applicable. You further represent and warrant that your Submissions do not and shall not (1) infringe any copyright, trademark, or patent; (2) misappropriate any trade secret; (3) be false, misleading, deceptive, defamatory, obscene, offensive, pornographic or promote, endorse or further illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (4) contain any viruses, worms or other malicious computer programming codes able to damage the Services; (5) violate the rights of or harass a third party; (6) promote, copy, perform or distribute an illegal or unauthorized copy of another party's work, whether it is protected by copyright or trade secret law or not, such as, without limitation, by presenting the work of a third party as your own (plagiarism), providing stolen or illegally obtained Third Party Content, providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies; or (7) otherwise violate the Terms of Service or create liability for Illumina.
Except as may be expressly agreed by you and Illumina in a separate, signed written agreement, when uploading, transmitting, or modifying Submissions that contains information of a person, including without limitation, Submissions consisting of genomic information (whether whole genome sequences or portions), you agree that you will not, in connection with or through the Services, provide any personally identifying information or personal information or personal data as defined by applicable law (e.g, HIPAA, the EU General Data Protection Regulation, and the California Consumer Privacy Act). For example, you will not provide the name, date of birth, address, social security, government issued identification number, or any other information that could directly or indirectly identify the individual from whom any genomic or other information was derived. If it is agreed to by Illumina for You to process Personal Data that is collected or derived from individuals within the European Union, the European Economic Area, the United Kingdom, or Switzerland through the Services the DPA will apply.
You acknowledge that the Submissions may be transmitted and processed outside of your state or country, unless expressly stated otherwise in writing by Illumina, and that Illumina may use services of third parties in connection with the Services.
While we use industry standard security, no system can perfectly guard against risks of intentional or inadvertent disclosure of information. When using the Services, information will be transmitted over a medium that is beyond the control of Illumina. You expressly assume the sole risk of any unauthorized disclosure or intentional intrusion, or of any delay, failure, loss, interruption or corruption of Content or Submissions or other information transmitted in connection with the use of the Services and Illumina has no liability to You in connection with such inability to access the Content or Submissions or other information transmitted in connection with the use of the Services, the loss, or corruption of Content or Submissions or other information transmitted in connection with the use of the Services, or for any unauthorized use or access of the Content or Submissions or other information transmitted in connection with the use of the Services as a result of Your failure to implement appropriate security systems in Your use of the Services. Accordingly, in using the Service, You (and not Illumina) will be responsible for establishing , monitoring, and implementing security practices to control the physical access to and use of the Services and all Content and Submissions therein in accordance with Your own security policies and procedures, and ensuring the adequacy of anti-virus software.
Any software that is made available to download from the Services ("Software") is the copyrighted work of Illumina, its affiliates, and/or its suppliers. Use of any Software is governed by the terms of the end user subscription or license agreement, if any, which accompanies or is included with such Software ("License Agreement"). An end user will not be allowed to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
Software is made available for download solely for use by end users according to the applicable License Agreement.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING ANY SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE APPLICABLE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ILLUMINA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Illumina, 451 El Camino Real, Suite 210, Santa Clara, CA 95050.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT SHALL ILLUMINA AND/OR ANY OF ITS AFFILIATES, SUPPLIERS OR VENDORS BE LIABLE FOR (A) ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES OR COSTS WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS, OR GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, PERSONAL OR PROPERTY DAMAGE RESULTING FROM OR IN CONNECTION WITH ILLUMINA'S PERFORMANCE HEREUNDER, OR THE USE, MISUSE, OR INABILITY TO USE THE SERVICES OR OTHER PRODUCTS OR SERVICES HEREUNDER, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES, PROVISION OF OR FAILURE TO PROVIDE THE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES, EVEN IF SUCH PARTIES HAVE BEEN NOTIFIED OF THE LIKELIHOOD OF SUCH DAMAGES; AND (B) DIRECT DAMAGES RESULTING FROM YOUR USE OF THE SERVICES IN EXCESS OF USD $1000.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ILLUMINA AND ITS ADVERTISERS, SPONSORS, SUPPLIERS AND VENDORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE SERVICES OR ANY INFORMATION CONTAINED IN THE SERVICES (INCLUDING THE SOFTWARE AND ANY SERVICES CONTENT) FOR ANY PURPOSE, OR THE ACCURACY, COMPLETENESS, OR CURRENCY OF ANY SERVICES CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL OF THE SERVICES (INCLUDING THE SOFTWARE AND ANY SERVICES CONTENT) ARE PROVIDED "AS IS" AND AS AVAILABLE AND ILLUMINA AND ITS ADVERTISERS, SPONSORS, SUPPLIERS AND VENDORS MAKE NO (AND HEREBY DISCLAIM ALL) WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR INABILITY TO USE THE SERVICES (IN WHOLE OR IN PART), ANY SERVICES CONTENT, OR ANY OTHER PRODUCTS OR SERVICES PROVIDED TO YOU BY ILLUMINA. ILLUMINA DOES NOT WARRANT THAT ALL ERRORS IN THE SERVICES CAN BE CORRECTED, OR THAT OPERATION OF THE SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE.
NEITHER ILLUMINA NOR ANY OF ILLUMINA'S ADVERTISERS, SPONSORS, SUPPLIERS OR VENDORS MAKE ANY WARRANTY THAT THE SERVICES OR THE SERVICES CONTENT SATISFY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ILLUMINA, ANY ILLUMINA AUTHORIZED REPRESENTATIVE, OR ANY THIRD PARTY CONTENT PROVIDER SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY EXPRESS WARRANTY HEREIN.
THE SERVICES AND RELATED INFORMATION PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO SUCH INFORMATION. ILLUMINA OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN THE SERVICES AND PRODUCTS DESCRIBED HEREIN AT ANY TIME.
FOR YOUR CONVENIENCE, ILLUMINA MAY MAKE AVAILABLE TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS. ILLUMINA DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVE FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. YOU AGREE TO RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN THE SOFTWARE.
You will indemnify and defend at your expense any suit brought against Illumina and you will pay any settlement or any costs and damages of such suit insofar as such suit is based on a claim by any third party based upon, resulting from or related to: (1) your use of the Services; or (2) any improper or unauthorized use of the Services by you.
"Intellectual Property Rights" means any and all now known or hereafter existing (1) rights associated with works of authorship, including copyrights, mask work rights, and moral rights; (2) trademark or service mark rights; (3) trade secret rights; (4) patents, patent rights, and industrial property rights; (5) layout design rights, design rights, and other proprietary rights of every kind and nature other than trademarks, service marks, trade dress, and similar rights; and (6) all registrations, applications, renewals, extensions, or reissues of the foregoing, in each case in any jurisdiction throughout the world.
The Services, Software and Services Content and all Intellectual Property Rights therein are the exclusive property of Illumina. Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the Services, or any part thereof, including any right to obtain possession of any source code, data or other technical material relating to the Software. All rights not expressly granted to you are reserved to Illumina.
You acknowledge that any actual or threatened breach of Illumina's Intellectual Property Rights will constitute immediate, irreparable harm for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. If any legal action is brought to enforce such Intellectual Property Rights, you acknowledge that the prevailing party will be entitled to receive its attorneys' fees, court costs, and other collection expenses, in addition to any other relief it may receive.
The content on the Illumina website, including all images, text, graphics, logos, icons, downloads, software and scripts, is the property of Illumina, or its affiliate or content providers, and is protected by the United States and international copyright laws. The compilation of all content on this website is the exclusive property of Illumina and is protected by the United States and international copyright laws. No part of this website may be reproduced, duplicated, copied, sold, distributed or transmitted in any form or by any means, mechanical, electronic, or otherwise, or by any information storage and retrieval system, or transmitted by e-mail, or used in any other fashion without the express prior written permission of Illumina.
The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 (“DMCA”), provides recourse for copyright owners who believe their rights under United States copyright law have been infringed. Pursuant to the DMCA, anyone who believes their material has been used in a way that constitutes copyright infringement may submit a notification of copyright infringement to a designated agent for the website.
We respect the intellectual property rights of others and are committed to complying with United States copyright law, as well as international trade law and practices. Therefore, upon receipt of a proper notification of copyright infringement under the DMCA, we will remove and/or block access to the allegedly infringing material.
To be valid, notifications must be sent to our DMCA designated agent, identified below:
Susan E. Farley, Esq.
Heslin Rothenberg Farley & Mesiti P.C.
E-mail: susan.farley@hrfmlaw.com
5 Columbia Circle
Albany, New York 12203
Tel: 518-452-5600
Fax: 518-452-5579
To be effective under the DMCA, a copyright notice must be a written communication that includes the following information:
These Terms of Service include our Illumina Corporate Privacy Policy relating to the collection and use of your personal information.
In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect the Services and users, and to ensure the integrity and operation of Illumina's business and systems and the Services, Illumina may access and disclose any information and Content Illumina considers necessary or appropriate, including, without limitation, information about users (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and Submissions.
The links provided through the Service will let you leave the Services and the Illumina website. The linked sites are not under the control of Illumina and Illumina is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Illumina is not responsible for webcasting or any other form of transmission received from any linked site. Illumina is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Illumina of the linked site.
The Services and Content include information from the United States National Library of Medicine ("NLM"). Under our license with the NLM ("NLM License"), we are required to make the following disclosures to you:
NLM represents that the data provided under the NLM License were formulated with a reasonable standard of care. Except for this representation, and as otherwise specifically provided in the NLM License, NLM makes no representation or warranties, expressed or implied. This includes, but is not limited to, any implied warranty of merchantability or fitness for a particular purpose, with respect to the NLM databases, and NLM specifically disclaims any such warranties and representations.
The duplication, resale, or redistribution of data obtained under the NLM License must conform to fair use guidelines and U.S. and international copyright law. Any duplication, resale, or redistribution by Illumina or its users who provide information services or products from NLM databases obtained directly or indirectly from Illumina must also conform to NLM's quality assurance requirements, copyright constraints, and usage reports. Written approval from NLM is required before a non-U.S. licensee duplicates, resells, or redistributes NLM data (except cataloging records) to others.
Unless otherwise prohibited, organizations or institutions may download small amounts of NLM-produced citations for redistribution. For MEDLINE, this is about 1,000 per month or 12,000 records for each year of coverage. For other MEDLARS databases, it is approximately 25% of the records in the file except for AIDSLINE®, AIDSTRIALS, and AIDSDRUGS which may be downloaded in their entirety. Since NLM makes corrections and enhancements to and performs maintenance on these records at least annually, you should plan to replace or correct the records once a year to ensure that they are still correct and searchable as a group.
NLM databases are produced by a U.S. government agency and as such the contents are not covered by copyright domestically. They may be copyrighted outside the U.S. Some NLM produced data is from copyrighted publications of the respective copyright claimants. Users of the NLM databases are solely responsible for compliance with any copyright restrictions and are referred to the publication data appearing in the bibliographic citations, as well as to the copyright notices appearing in the original publications, all of which are incorporated by reference. Users should consult legal counsel before using NLM-produced records to be certain that their plans are in compliance with appropriate laws.
All records must be identified as being derived from NLM databases.
Some material in the NLM databases is from copyrighted publications of the respective copyright claimants. Users of the NLM databases are solely responsible for compliance with any copyright restrictions and are referred to the publication data appearing in the bibliographic citations, as well as to the copyright notices appearing in the original publications, all of which are hereby incorporated by reference.
You agree that Illumina may use the Content and Submissions in connection with the Services, including without limitation, providing services through the Services, as well as in the ways described in the Illumina Corporate Privacy Policy.
YOU HEREBY RELEASE ILLUMINA AND ITS OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS FROM CLAIMS, DEMANDS, ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, THAT IS EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISES FROM: (1) ANY INTERACTIONS WITH OTHER ILLUMINA USERS, (2) ANY CONTENT OR SUBMISSIONS POSTED ON THE SERVICES, OR (3) THE CONDUCT OF ANY USER OF THE SERVICES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using any Software, you represent and warrant that such download or use is not in violation of any such law.
You acknowledge that any action that you bring against Illumina will be governed, controlled, interpreted, and defined by and under the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different state. You also expressly consent to the personal jurisdiction and venue in the state and federal courts located in Santa Clara County, California, for any lawsuit filed there against you by Illumina arising from or related to your use of the Services. The United Nations Convention on Contracts for the International Sale of Goods does not apply to your use of the Services.
You acknowledge and agree that (1) Illumina may modify these Terms of Service from time to time without notice to you (and such modification shall be effective: (a) upon posting by Illumina on the Services for all users who first use the Services after the posting, or (b) fourteen (14) days after posting by Illumina on the Services for all existing users), (2) Illumina may modify or discontinue the Services, in whole or in part, at any time and without notice to you, and (3) in the event of any of the foregoing, any modification or termination will be without any obligation of compensation or liability to you or any other party. The most current version of the Terms of Service can be reviewed by clicking on the "Terms of Service" hypertext link located on our "Sign In" page.
These Terms of Service (which includes the Illumina Corporate Privacy Policy and any other rules posted on the Services and Illumina's website constitute the entire agreement between you and us regarding the use of the Services, unless you have entered into a separate agreement with Illumina which expressly supersedes or supplements these Terms of Service in accordance with its terms with respect to the subject matter of such agreement. Illumina's failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Any delay in the performance of any duties or obligations of Illumina will not be considered a breach of these Terms of Service if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, or any other event beyond the control of Illumina. If any provision of these Terms of Service is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Service will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Please contact us with any questions regarding these Terms of Service by e-mailing us at: : info@illumina.com.
This Terms of Service was last revised on June 1, 2020.