HiSeq X System User Guide
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1
Definitions
. "
Application Specific IP
" means Illumina owned or controlled intellectual property rights that pertain to
this Product (and use thereof) only with regard to specific field(s) or specific application(s). Application Specific IP
excludes all Illumina owned or controlled intellectual property that cover aspects or features of this Product (or use
thereof) that are common to this Product in all possible applications and all possible fields of use (the "
Core IP
").
Application Specific IP and Core IP are separate, non-overlapping, subsets of all Illumina owned or controlled intellectual
property. By way of non-limiting example, Illumina intellectual property rights for specific diagnostic methods, for
specific forensic methods, or for specific nucleic acid biomarkers, sequences, or combinations of biomarkers or
sequences are examples of Application Specific IP. "
Consumable(s)
" means Illumina branded reagents and consumable
items that are intended by Illumina for use with, and are to be consumed through the use of, Hardware.
"
Documentation
" means Illumina's user manual for this Product, including without limitation, package inserts, and any
other documentation that accompany this Product or that are referenced by the Product or in the packaging for the Product
in effect on the date of shipment from Illumina. Documentation includes this document. "
Hardware
" means Illumina
branded instruments, accessories or peripherals. "
Illumina
" means Illumina, Inc. or an Illumina affiliate, as applicable.
"
Product
" means the product that this document accompanies (e.g., Hardware, Consumables, or Software). "
Purchaser
"
is the person or entity that rightfully and legally acquires this Product from Illumina or an Illumina authorized dealer.
"
Software
" means Illumina branded software (e.g., Hardware operating software, data analysis software). All Software is
licensed and not sold and may be subject to additional terms found in the Software's end user license agreement.
"
Specifications
" means Illumina's written specifications for this Product in effect on the date that the Product ships from
Illumina.
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Research Use Only Rights
. Subject to these terms and conditions and unless otherwise agreed upon in writing by an
officer of Illumina, Purchaser is granted only a non-exclusive, non-transferable, personal, non-sublicensable right under
Illumina's Core IP, in existence on the date that this Product ships from Illumina, solely to use this Product in Purchaser's
facility for Purchaser's internal research purposes (which includes research services provided to third parties) and solely
in accordance with this Product's Documentation,
but specifically excluding any use that
(a) would require rights or a
license from Illumina to Application Specific IP, (b) is a re-use of a previously used Consumable, (c) is the disassembling,
reverse-engineering, reverse-compiling, or reverse-assembling of this Product, (d) is the separation, extraction, or
isolation of components of this Product or other unauthorized analysis of this Product, (e) gains access to or determines
the methods of operation of this Product, (f) is the use of non-Illumina reagent/consumables with Illumina's Hardware
(does not apply if the Specifications or Documentation state otherwise), or (g) is the transfer to a third-party of, or sub-
licensing of, Software or any third-party software. All Software, whether provided separately, installed on, or embedded
in a Product, is licensed to Purchaser and not sold. Except as expressly stated in this Section, no right or license under
any of Illumina's intellectual property rights is or are granted expressly, by implication, or by estoppel.
Purchaser is solely responsible for determining whether Purchaser has all intellectual property rights that are
necessary for Purchaser's intended uses of this Product, including without limitation, any rights from third
parties or rights to Application Specific IP. Illumina makes no guarantee or warranty that purchaser's specific
intended uses will not infringe the intellectual property rights of a third party or Application Specific IP.
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Regulatory
. This Product has not been approved, cleared, or licensed by the United States Food and Drug
Administration or any other regulatory entity whether foreign or domestic for any specific intended use, whether
research, commercial, diagnostic, or otherwise. This Product is labeled For Research Use Only. Purchaser must ensure it
has any regulatory approvals that are necessary for Purchaser's intended uses of this Product.
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Unauthorized Uses
. Purchaser agrees: (a) to use each Consumable only one time, and (b) to use only Illumina
consumables/reagents with Illumina Hardware. The limitations in (a)-(b) do not apply if the Documentation or
Specifications for this Product state otherwise. Purchaser agrees not to, nor authorize any third party to, engage in any of
the following activities: (i) disassemble, reverse-engineer, reverse-compile, or reverse-assemble the Product, (ii) separate,
extract, or isolate components of this Product or subject this Product or components thereof to any analysis not expressly
authorized in this Product's Documentation, (iii) gain access to or attempt to determine the methods of operation of this