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Terms of Use

Last Updated: August 1, 2009

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

IMPORTANT NOTICE TO YOU

These Terms of Use (the "Terms of Use") govern your use of the Affymetrix.com website, including without limitation, use of all content, data, images, information, and other materials posted on or available through this Site (collectively, the "Site"). These Terms of Use are in addition to any other agreement you may have with Affymetrix, Inc., including any agreement governing purchase or use of Affymetrix' products or services by you or your organization. In addition, certain areas of the Site and use of data, content, or services made available through the Site may be subject to additional terms and conditions provided in connection with those areas or use of the data, content, or services.

Affymetrix hereby grants you a nonexclusive, limited license to use the Site solely for your personal, non-commercial use (e.g., life science research, evaluating and obtaining information about our products and services, and learning more about Affymetrix). As a condition of your use of this Site, you warrant to Affymetrix that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. In particular, you may not use the Site or any content made available through the Site (a) to provide services to anyone without our consent, (b) in a clinical diagnostic setting where data from an individual's sample is transferred to his or her caregiver, or (c) in connection with any diagnostic product or service. You may not reverse engineer, deconstruct, disassemble, or decompile any software or technology underlying the Site or provided through the Site. If you breach any of these Terms of Use, your authorization to use this Site shall automatically terminate.

The contents of the Site may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of Affymetrix, except that you may download content from the Site to any single computer, provided you keep intact all copyright, trademark, and other proprietary notices and comply with these terms and any additional applicable end user license agreements. Except as provided in these Terms of Use, any use of these materials on any other website or networked computer environment for any purpose is prohibited.

You acknowledge and agree that this limited license to use the Site subject to these Terms of Use does not grant you any other right or license, by implication, estoppel or otherwise, under the intellectual property rights of Affymetrix or any third party. Without restricting the previous sentence, nothing herein shall be construed as a right or license to make, have made, use, sell, offer to sell, import, lease, or distribute probe arrays or related products or services. Where this Site is used in connection with an Affymetrix product or service, the license granted in these Terms of Use is subject to the restrictions of any license described in Affymetrix' terms and conditions governing the purchase and use of such product or service. If you are purchasing any products using the Site, our standard terms and conditions of sale are provided at check-out.

Copies of These Terms and Conditions; Updates

You may print a copy of these Terms of Use using the print button or feature in your browser. We suggest retaining a copy for your future reference. You should be aware, however, that we may revise these Terms of Use at any time, and by your continued use of the Site you agree to be bound by future revisions to these Terms of Use. It is your responsibility to periodically visit the "Terms of Use" link at the bottom of our home page to review the most current version of the Terms of Use. You may use your browser to print copies of any updated Terms of Use.

Ownership

The Site is owned and operated by Affymetrix, Inc. (referred to as "Affymetrix," "we," "us," or "our" herein). All content, data, information and other materials on or directly accessible from the Site, including without limitation all data accessible and retrievable through the NetAffx® Analysis Center, are owned by Affymetrix, its subsidiaries, affiliates, licensors and/or vendors. The Site is protected by United States and international copyright and trademark laws. Any rights not expressly granted by these Terms of Use or any applicable end user license agreements are reserved by Affymetrix and/or its vendors and licensors. Any copies that you make of material or other content provided through the Site must contain the same copyright and other proprietary notices that appear with the material or content.

Registration

In some instances, you may be required to register to gain access to certain Site areas or services. If you choose to register on our Site, you agree to (a) provide accurate, current, and complete information about yourself as prompted by the applicable registration form, and (b) maintain and update your information (including your email address) to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Site.

No Framing

You may not frame or utilize framing techniques to use, surround, or enclose any of Affymetrix' names, trademarks, service marks, logos, or other proprietary information (including; images, text, page layout, or form) of Affymetrix and/or our affiliates or subsidiaries without Affymetrix' express written consent.

Jurisdictional Issues

This Site is controlled and operated by Affymetrix from its offices within the State of California, United States of America. Affymetrix makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local or national laws, if and to the extent local or national laws are applicable. The software, technology, and other information from this Site are further subject to United States export controls and, potentially, the import laws of your jurisdiction. No software, technology, or other information from this Site may be downloaded or otherwise exported or re-exported to any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders or otherwise prohibited by United States export control laws. By downloading or otherwise using any software, technology, or other information from this Site in any manner whatsoever, you represent and warrant that you are not on any such list or located in, under the control of, or a national or resident of any such country.

Trademarks

Trademarks and service marks owned by Affymetrix and/or its subsidiaries and affiliates include, but are not limited to, Affymetrix®, GeneChip®, NetAffx®, and Command Console®, Powered by Affymetrix™, GeneChip-compatible™, Genotyping Console™, DMET™, GeneTitan™, Axiom™, GeneAtlas™, Anapoe®, CYMAL®, ExoSAP-IT®, Fos-Choline®, HotStart-IT®, LysoFos®, PrepEase®, Sequenase/ThermoSequenase™,,TUF Enzymes™, USB®, ANATRACE®, ANAGRADE®, ANAMEG®, ANAPOE®, ANZERGENT®, C-HEGA®, C-DODECAFOS™, C-OCTAFOS™, CYCLOFOS™, CYGENT™, CYGLU®, CYMAL®, CYPFOS™, FOS-CHOLINE®, DIFOS™, FOS-MEA®, FOSFEN™, HEGA®, PMAL™, SHERPA®, and SOL-GRADE®. Affymetrix' trademarks and service marks may not be used in connection with any product or service that is not from Affymetrix, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Affymetrix. All other trademarks, service marks and logos used in this Site are the trademarks, service marks, or logos of their respective owners. Affymetrix does not make any claims to the marks of others which might appear on the Site. You gain no right to use any marks of Affymetrix or any other entity by virtue of your use of this Site.

NetAffx®Analysis Center

The NetAffx® Analysis Center enables properly registered researchers to correlate their GeneChip® Array results with array design and annotation information (the "Analysis Center"). You may publish the results of your queries to the Analysis Center in connection with a normal, peer-reviewed, scientific publication or presentation, or the like, of the results of your life science research experiments. You must acknowledge your use of the Analysis Center in any such publication or presentation according to academic tradition. You may also post the results of your queries to, or downloads from, the Analysis Center in connection with posting the results of your life-science research experiments on a non-commercial, not-for-profit website, or include them within any non-commercial, not-for-profit analysis software application (e.g., "freeware"), freely accessible by the public at no charge in either case. You must post an acknowledgement of your use of the Analysis Center on any such website, or within any such software application, and you may include a hyperlink to the Analysis Center (see "Hyperlinking to the Analysis Center" below). You must also require that users of any such software application(s) agree to terms and conditions that are no less restrictive than these Terms of Use concerning the use of content obtained from this Site. You may not post any results or downloads from the Analysis Center or any other content from the Site on a commercial or for-profit website, or within a commercial or for-profit software application, or otherwise charge for access to or use of any such results or content from the Site, without Affymetrix' prior written permission.

Our Use of Your Data and Communications

Affymetrix will maintain security procedures with respect to its access and maintenance of the nucleic acid sequences and other biological information you submit in queries to the Site's Analysis Center and/or target sequence submissions to the Site (your "Biological Data") which provide reasonably appropriate technical and organizational safeguards against unauthorized disclosure or access consistent with the following. You hereby represent and warrant that you either exclusively own or otherwise have the right to possess and provide to us all Biological Data you submit to us through the Site. By using the Site, you authorize and hereby grant Affymetrix a limited, non-exclusive, transferable, fully paid, royalty-free, perpetual, worldwide, irrevocable license to reproduce, create derivative works of, transmit, distribute, display, disclose, and otherwise use your Biological Data solely for the purposes of processing your requests and transactions, maintaining and improving the Site, and as otherwise indicated in our Privacy Policy, but not for exploiting your Biological Data for other commercial purposes unless otherwise provided in a separate written agreement you may have with Affymetrix, Inc.

With the exception of your Biological Data discussed above, you acknowledge that any communications or material of any kind that you email, post, or transmit to or through the Site, including, questions, comments, suggestions, and other information (your "Communications") will be treated as non-confidential and non-proprietary by Affymetrix. You hereby represent and warrant that you have the right to provide to us all Communications you submit to us through the Site. By using the Site, you authorize and hereby grant Affymetrix a non-exclusive, transferable, fully paid, royalty-free, perpetual, worldwide, irrevocable license to reproduce, create derivative works of, transmit, display, disclose, and otherwise use your Communications for reasonable business purposes and as otherwise indicated in our Privacy Policy. YOU ACKNOWLEDGE THAT SECURITY SAFEGUARDS, BY THEIR NATURE, ARE CAPABLE OF CIRCUMVENTION AND AFFYMETRIX DOES NOT AND CANNOT GUARANTEE THAT BIOLOGICAL DATA OR OTHER INFORMATION CANNOT BE ACCESSED BY UNAUTHORIZED PERSONS CAPABLE OF OVERCOMING SUCH SAFEGUARDS. IN PARTICULAR, THE SITE MAY BE USED TO ACCESS AND TRANSFER INFORMATION, INCLUDING BIOLOGICAL DATA, OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT AFFYMETRIX DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE THE SITE AND/OR YOUR BIOLOGICAL DATA AND/OR OTHER INFORMATION, COMPUTERS, AND/OR NETWORKS. AFFYMETRIX SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR INFORMATION AND SYSTEMS.

User-Submitted Content

You are welcome to transmit or submit comments, content, and other communications ("User-Submitted Content") to our community and discussion forum or other locations designated by us for such use. However, your submission is subject to these terms, and you agree to strictly limit yourself to discussions about the subject matter for which the blog pages are intended.

Affymetrix may, but is not obligated to, monitor or review any areas of the Site where User Submitted Content may be made available, including, but not limited to, blogs, chat rooms, bulletin boards, and other user forums. Affymetrix does not endorse and has no control over User-Submitted Content. Any User-Submitted Content, even if posted by any employees of Affymetrix, is not necessarily reviewed by Affymetrix prior to submission or posting and does not necessarily reflect the opinions or policies of Affymetrix. Affymetrix will have no liability related to the User Submitted Content of any such Communications, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise, and you agree to release Affymetrix and its affiliates and their respective officers, directors, shareholders, employees, and agents from any and all liability and obligations whatsoever in connection with or arising from your use of the blogs. Affymetrix retains the right to remove, in its sole discretion, User-Submitted Content that includes any material deemed abusive, defamatory, obscene, or otherwise inappropriate.

If you become aware of any misuse of the community and discussion forum by any person, please contact webmaster@affymetrix.com.

Hyperlinking to this Site

Except as specifically provided in these Terms of Use, you may not create hyperlinks to this Site. You may provide hyperlinks to the Site on a non-commercial, not-for-profit website, or within any non-commercial analysis software application, freely accessible by the public at no charge, provided that "deep links" (e.g., hyperlinks other than to our homepage currently located at www.affymetrix.com) must be in accordance with any additional terms, conditions and/or technical instructions that Affymetrix may post on the Site from time to time. If you desire to link to this Site in any other manner, you must obtain Affymetrix' written permission pursuant to a Hyperlink Agreement. You shall not link to this Site in any manner which states or implies any affiliation between you or your organization and Affymetrix, or any sponsorship, approval, or recommendation of you or your organization by Affymetrix. Any permitted link to this Site must clearly identify Affymetrix as the owner of this Site. Affymetrix reserves the right to redirect any links to the Site to any page it chooses.

Acceptable Use

You must not transmit any material on or through the Site that (a) restricts any other user's enjoyment of the Site, (b) is unlawful, threatening, abusive, libelous, defamatory, pornographic, profane, or otherwise offensive, (c) constitutes or encourages criminal conduct, gives rise to civil liability, or otherwise violates any law, (d) violates or infringes the rights of any third party including, without limitation, patent, copyright, trademark, privacy, or any other proprietary right, (e) contains a virus or other harmful component, or (f) contains false or misleading indications of origin or statements of fact. Affymetrix reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, government request, court order, subpoena, or other legal process, or to edit or remove any information, in whole or in part, that in Affymetrix' sole discretion is objectionable, disruptive to the Site, or in violation of these Terms of Use.

Use of Robots

At this time, Affymetrix does not permit the use of robots, spiders, crawlers, or the like in connection with the Site without Affymetrix' prior written permission. This restriction does not apply to the use of these mechanisms to index content of the Site for use in connection with search engines and other online directories.

Registration

Registration is required for you to access certain portions of the Site. If you complete the registration form, you represent that the information on your registration form is complete and accurate, and that you will promptly contact Affymetrix to update this information if it changes. When registering, you must select a user ID and password. You are solely responsible for keeping your password confidential, and for all use of the Site with your password. You must immediately notify Affymetrix of any known or suspected unauthorized use of your password.

External Hyperlinks from the Site

The Site contains hyperlinks to third-party websites. External hyperlinks to or from the Site do not constitute any endorsement or recommendation by Affymetrix of any third party or its website, products, resources, or other information. An external hyperlink to a site does not imply that Affymetrix is affiliated with or sponsors the third-party website. Affymetrix is not responsible for any software, data, or other information available from any third-party website. You are solely responsible for complying with all terms and conditions of use for the third-party sites. You acknowledge that Affymetrix shall have no liability for any damage or loss arising from your access to, use of, or reliance on any third-party site, software, data, or other information.

Accuracy and Integrity of Information

Although Affymetrix attempts to ensure the integrity and accuracy of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible the Site may include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Affymetrix so that it can be corrected. Information contained on the Site may be changed or updated without notice.

Pricing Information

Affymetrix reserves the right to sell products for prices higher or lower than those listed on this website and to accept or reject orders for any reason. Persons interested in placing orders for any products should contact customer service and a current price quote as well as a current version of our terms and conditions will be made available at such time.

No Warranty

THE SITE, ANALYSIS CENTER, AND ALL INFORMATION AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS," WITH ALL FAULTS, AND "AS AVAILABLE." AFFYMETRIX DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE RESULTS OF ANY QUERY WILL BE COMPLETE OR ACCURATE. AFFYMETRIX DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, AFFYMETRIX DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY SEQUENCE DATA, ANNOTATION, DESCRIPTION, IDENTIFICATION, OR OTHER INFORMATION DISPLAYED, DISTRIBUTED, HYPERLINKED, OR OTHERWISE REFERRED TO THROUGH THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AFFYMETRIX DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

NEITHER AFFYMETRIX, NOR ITS LICENSORS OR SUPPLIERS, WILL BE LIABLE UNDER ANY THEORY FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING FROM THE YOUR USE OF THE SITE, THE ANALYSIS CENTER, AND THE INFORMATION CONTAINED THEREIN, HOWEVER ARISING, EVEN IF AFFYMETRIX OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION DOES NOT APPLY TO THE EXTENT IT IS PROHIBITED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, ANALYSIS CENTER, OTHER SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to indemnify and defend Affymetrix and its affiliates, and their respective officers, directors, shareholders, employees, and agents from any claims, actions, losses, liabilities, damages, costs, and expenses (including attorneys fees and costs) directly or indirectly arising from your (a) use of the Site, (b) violation of any third-party right, or (c) breach of any of these Terms of Use. You agree to cooperate as fully as reasonably required in the defense of any claim. Affymetrix reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of Affymetrix.

Procedure for Making Claims of Copyright Infringement

In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), Affymetrix is registered with the United States Copyright Office as a Service Provider. Any notifications of claimed copyright infringement must be sent to our General Counsel:

General Counsel
Affymetrix, Inc.
3420 Central Expressway
Santa Clara, CA 95051
Tel. (408) 731-5000
Fax. (408) 731-5392
copyright@affymetrix.com

Affymetrix respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Affymetrix' General Counsel the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Investors - Disclaimer Regarding Forward-Looking Statements

All statements in the Site that are not historical are "forward-looking statements" within the meaning of Section 21E of the Securities Exchange Act as amended, including statements regarding Affymetrix' "expectations," "beliefs," "hopes," "intentions," "strategies," or the like. Such statements are subject to risks and uncertainties that could cause actual results to differ materially for Affymetrix from those projected, including, but not limited to, risks of the Company's ability to achieve and sustain higher levels of revenue, higher gross margins, reduced operating expenses, uncertainties relating to technological approaches, product development, manufacturing, market acceptance, personnel retention, uncertainties related to cost and pricing of Affymetrix products, dependence on collaborative partners, uncertainties relating to sole source suppliers, uncertainties relating to FDA and other regulatory approvals, competition, risks relating to intellectual property of others, and the uncertainties of patent protection and litigation. Affymetrix undertakes no obligation to update such forward-looking statements. These and other risk factors are discussed in greater detail in Affymetrix' most recent Annual Report on Form 10-K, Quarterly Reports on Form 10-Q, and other related securities filings available on the Edgar website.

General

Except as provided below, these Terms of Use constitute the entire agreement between Affymetrix and you pertaining to the subject matter hereof. We may, in our sole discretion, revise these Terms of Use from time to time by updating this posting. You should periodically visit this page to review the current Terms of Use so you are aware of any revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site. The parties agree that any and all disputes, claims, or controversies arising out of or relating to these Terms of Use that are not resolved by mutual agreement shall be submitted to final and binding arbitration before JAMS, or its successor, pursuant to the United States Arbitration Act, 9 U.S.C. Sec. 1 et seq. The arbitration shall take place in Santa Clara, California, unless the parties otherwise agree in writing. Within fourteen (14) days thereafter, the arbitrator shall arrive at a final decision, which shall be reduced to writing, signed by the arbitrator, and mailed to each of the parties and their legal counsel. All decisions of the arbitrator shall be final, binding, and conclusive on the parties and shall constitute the only method of resolving disputes or matters subject to arbitration pursuant to this Agreement; provided, however, nothing shall prohibit the parties from seeking injunctive relief and/or other equitable remedies in a court of competent jurisdiction. The arbitrator or a court of appropriate jurisdiction may issue a writ of execution to enforce the arbitrator's judgment. Judgment may be entered upon such a decision in accordance with applicable law in any court having jurisdiction thereof.

If you have any questions concerning these Terms of Use, or you desire to contact Affymetrix for any reason, please write to: Affymetrix, Inc., 3420 Central Expressway, Santa Clara, CA 95051, Attention: General Counsel.


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