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 and Conditions of Use (the “Terms and Conditions”)
govern your use of the Affymetrix.com web site, 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 and Conditions are in addition to any other agreement you
may have with Affymetrix, Inc., including any agreement governing your
use or your organization's use of Affymetrix’ products or services.
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 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 and Conditions. In particular, you may not
use the Site or any content made available through the Site (a) to provide
services to anyone, (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 and Conditions, 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 any applicable end user license agreements. Except
as provided in these Terms and Conditions, any use of these materials
on any other Web site 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 and Conditions 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
and Conditions is subject to the restrictions of any license described
in Affymetrix' terms and conditions governing the use of such product
or service.
Copies of These Terms and Conditions;
Updates
You may print a copy of these
Terms and Conditions 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 and Conditions at any time, and
by your continued use of the Site you agree to be bound by future revisions
to these Terms and Conditions. It is your responsibility to periodically
visit the “Terms and Conditions” link at the bottom of our home
page to review the most current version of the Terms and Conditions. You
may use your browser to print copies of any updated Terms and Conditions.
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 and Conditions 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.
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 is 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
Affymetrix® and GeneChip®
are registered trademark(s) and NetAffx™ and Custom Express™ are
trademark(s) and service mark(s) owned by Affymetrix and/or its subsidiaries
or affiliates. Affymetrix' trademarks and service marks may not be used
in connection with any product or service that is not 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 Web site, 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 Web site, 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 and Conditions 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 Web site, 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's CustomExpress™ Design Center (your "Biological Data")
which provide reasonably appropriate technical and organizational safeguards against unauthorized
disclosure or access consistent with the following. By using the Site, you authorize and hereby grant
Affymetrix a limited, non-exclusive, royalty-free, perpetual, world-wide, irrevocable license to
reproduce, transmit, 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 e-mail, 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. By using the Site, you authorize and hereby grant Affymetrix a
non-exclusive, royalty-free, perpetual, world-wide, irrevocable license to reproduce, 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.
Your Communications
Affymetrix may, but is not obligated
to, monitor or review any areas of the Site where user Communications may
be made available, including, but not limited to, chat rooms, bulletin boards,
and other user forums. Affymetrix, however, will have no liability related
to the content of any such Communications, whether or not arising under
the laws of copyright, defamation, privacy, obscenity, or otherwise. Affymetrix
retains the right to remove, in its sole discretion, Communications that
include any material deemed abusive, defamatory, obscene, or otherwise inappropriate.
Hyperlinking to this Site
Except as specifically provided
in these Terms and Conditions, you may not create hyperlinks to this Site.
You may provide hyperlinks to the Site on a non-commercial, not-for-profit
Web site, 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 and Conditions.
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, then 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 Web sites. External hyperlinks to or from the Site do not
constitute any endorsement or recommendation by Affymetrix of any third
party or its Web site, products, resources or other information. An external
hyperlink to a site does not imply that Affymetrix is affiliated with or
sponsors the third party's Web site. Affymetrix is not responsible for any
software, data or other information available from any third party Web site.
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 web site and to accept or reject orders for any reason. Persons interest 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, 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 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, SITE-RELATED SERVICES,
AND/OR HYPERLINKED WEB SITES 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 from any claim (including attorneys fees and costs) arising from
your (a) use of the Site, (b) violation of any third party right, or (c)
breach of any of these Terms and Conditions. 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 Copyright Agent:
Sandra Wells
Senior Intellectual Property 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'
Copyright Agent 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.
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
Web site.
General
Except as provided below, these
Terms and Conditions constitute the entire agreement between Affymetrix
and you pertaining to the subject matter hereof. We may, in our sole discretion,
revise these Terms and Conditions from time-to-time by updating this posting.
You should periodically visit this page to review the current Terms and
Conditions, so you are aware of any revisions to which you are bound. Certain
provisions of these Terms and Conditions 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 and Conditions 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 and Conditions, or you
desire to contact Affymetrix for any reason, please write: Affymetrix,
Inc., 3420 Central Expressway, Santa Clara, CA 95051, Attention: General
Counsel.
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