Introduction

These Terms and Conditions of the Roche NimbleGen Web Sites ("Terms") apply to your use of www.nimblegen.com or any other World Wide Web site owned by Roche NimbleGen, Inc. or any of its affiliated companies (collectively, "NimbleGen" and/or "this Site"). These Terms are independent of, and shall not be construed to amend or replace, any other agreement to which NimbleGen is a party.

BY USING THIS SITE, YOU SIGNIFY YOUR CONSENT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.

Copyright Notice

This Site, including but not limited to the text and images herein and their arrangement, is protected by U.S. and international copyright laws. © Copyright 2002 - 2012 Roche NimbleGen, Inc. All rights reserved.

Changes

These Terms were last updated on 2/16/2007. Roche NimbleGen reserves the right, at its discretion and without notice, to modify, add or remove parts of these Terms at any time. You should check these Terms for any changes each time you visit this Site. Your continued use of this Site, following the posting of changes to these Terms, constitutes your acceptance of those changes.

Registration

Registration is required for certain services offered by this Site. By registering, you agree:

• to these Terms or any other policies incorporated into these Terms.
• that Roche NimbleGen in its sole discretion may terminate your account if it believes that you may have in any way violated these Terms or any other policies incorporated into these Terms.

Restrictions on Use of Content

No content, including any software, available on or through this Site ("the Content") may be copied, distributed, republished, uploaded or transmitted, in any way including any electronic means, without the prior written consent of Roche NimbleGen or third party licensors retains title and intellectual property rights to the Content. No licenses to the Content are granted, express or implied.

You may download on one computer and print one copy of the Content for your personal, non-commercial use only, provided that:

• You keep intact all copyright, trademark and other proprietary notices.
• You do not modify or otherwise create any derivative works from the Content.
• You do not use the Content in a manner that suggests an association with Roche NimbleGen or any of its products, services or brands.
• You do not download quantities of the Content to avoid future downloads from any Site.
• You do not use the Content on any other web site or computer environment, except as permitted above.
• You do not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Content to a human-readable form.

Forums and Public Communication

If you participate in a chat area, message board, e-mail or service offered by this Site ("Forum"), you agree:

• To provide to Roche NimbleGen true and accurate information about yourself and to inform Roche NimbleGen of any changes to that information.
• That any information you provide to Roche NimbleGen, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, shall be non-confidential, that NimbleGen shall have no obligation of any kind with respect to such information, and that NimbleGen shall have unlimited rights to use, reproduce, disclose and distribute the information. You further agree that NimbleGen shall be entitled to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, marketing, selling or using products incorporating or otherwise based upon such information.
• To refrain from certain communications, including but not limited to:
  • misrepresentations of an individual's identity or source of information or data.
  • statements that are defamatory, libelous, abusive, harassing, threatening, bigoted, hateful, racially offensive, vulgar, obscene, discourteous, indecent, tortious, improper or otherwise objectionable, harmful, or offensive to others.
  • promotions, advertisements, solicitations related to politics, religion, personal gain, or commercial gain that does not involve Roche NimbleGen.
  • statements that do not generally pertain to the designated topic or material that contains a virus or other harmful component.
  • material that infringes or violates another's rights, including intellectual property rights such as patents, trademarks, service marks and copyrights.

Any opinions expressed in a Forum are solely those of the authors and are not the opinions of Roche NimbleGen, Inc., its affiliates or of the management of those entities.

Roche NimbleGen reserves the right to remove or edit content from any Forum at any time and for any reason, but undertakes no obligation to do so.

No Warranties

THE SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. ROCHE NIMBLEGEN MAKES NO REPRESENTATION OR WARRANTY REGARDING THE USE, VALIDITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF, OR THE RESULTS THAT MAY BE OBTAINED THROUGH USE OF, OR OTHERWISE RESPECTING, THE SITE OR ITS CONTENTS. ROCHE NIMBLEGEN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY EXPRESS WARRANTIES BY AFFIRMATION, PROMISE, DESCRIPTION, OR SAMPLE, WARRANTY OF TITLE, WARRANTY OF NON-INFRINGEMENT, IMPLIED WARRANTIES OF MECHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS.

No Liability

IN NO EVENT SHALL ROCHE NIMBLEGEN BE LIABLE FOR ANY DAMAGES ARISING OUT OF THIS SITE OR ITS CONTENTS WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY BUSINESS INTERRUPTION OR LOSS OF USE, DATA, PROGRAMS, OR PROFIT, RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE CONTENT; ANY THIRD-PARTY WEB SITES OR CONTENT THEREIN THAT LINK TO OR ARE LINKED FROM THIS SITE; THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF; YOUR USE OF THIS SITE; OR YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE, EVEN IF ROCHE NIMBLEGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY.

Advertisers

This Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the site is accurate and complies with applicable laws. Roche NimbleGen will not be responsible for the legality of or any error or inaccuracy of advertisers' or sponsors' materials.

Unlawful Activity

Any illegal use of this Site or the Content is prohibited. NimbleGen reserves the right, but shall have no obligation, to investigate complaints or reported violations of these Terms and to take any action NimbleGen deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.

Remedies for Violations

Roche NimbleGen reserves the right to seek all remedies available at law and in equity for violations of these Terms, including but not limited to the right to block access from a particular IP address to any Roche NimbleGen Site or feature of any Roche NimbleGen Site.

Governing Law and Jurisdiction

These Terms will be governed by and interpreted pursuant to the laws of the State of Wisconsin, United States of America, notwithstanding any principles of conflicts of law.

Additional Terms

Your use of this Site is also governed by the Privacy Policy and the Linking Policy, all of which are incorporated herein by reference.

Severability

If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Introduction

Roche NimbleGen respects your privacy and is committed to protecting it. This Privacy Policy explains how Roche NimbleGen treats your information, correspondence, and software exchanged through a Roche NimbleGen website to best serve you.

Information Roche NimbleGen requests or collects from you

To provide the superior services offered by a Roche NimbleGen website, Roche NimbleGen collects from you two types of information: personally identifiable information and technology-related information.

Personally identifiable information: This is information that identifies the person who is using a Roche NimbleGen website. When you register for services offered by a Roche NimbleGen website, Roche NimbleGen may request personally identifiable information such as your name, mailing address, telephone number and e-mail address. When you make an on-line business transaction through a Roche NimbleGen website, Roche NimbleGen may request personally identifiable information such as your account number with Roche NimbleGen, credit card number or other payment account information. Roche NimbleGen may also collect personally identifiable information that you voluntarily disclose to Roche NimbleGen through electronic correspondence, such as comments transmitted by e-mail.

Technology-related information: This is information related to your computer when you access a Roche NimbleGen website. Because technology is employed in collecting this information, it is not readily apparent to you that it is being collected. An example of technology-related information which Roche NimbleGen may collect is your computer's Internet Protocol ("IP") address. An IP address is a number, uniquely identifying a computer, necessary for computer to web server communication on the Internet.

Services offered by a Roche NimbleGen website which require requesting information from you

Roche NimbleGen requests information primarily to provide you with superior service. Roche NimbleGen may need information about you in order to provide specific services, such as the following:

Product notifications: Roche NimbleGen may use your submitted personally identifiable information to provide to you product notifications, at your request.

Business transactions: Roche NimbleGen may use your submitted personally identifiable information, purchase-related information and related correspondence to conduct an on-line business transaction, at your request. For example, Roche NimbleGen may also use your information to transmit to you business data such as order status, shipment status, account information and products returned.

Proposals: Roche NimbleGen may use your submitted personally identifiable information, proposal related information and related correspondence to manage on-line proposals between you and Roche NimbleGen.

Training: Roche NimbleGen may use your submitted personally identifiable information, training request and related correspondence to provide on-line training to you.

Software patches: Roche NimbleGen may use your submitted personally identifiable information, software patch request and related correspondence to transmit software patches to you.

Customer service and support: Roche NimbleGen may use your submitted personally identifiable information and correspondence with a customer service representative to provide customer service and support to you.

Roche NimbleGen secondary uses of information collected from you

Roche NimbleGen may use information collected from you for secondary uses, such as the following:

Measure user interest in Roche NimbleGen products and services: Roche NimbleGen may perform statistical analyses on aggregate user demographics and behavior to measure interest in the different areas of a Roche NimbleGen website or the various products or services offered by a Roche NimbleGen website. To obtain statistics, Roche NimbleGen collects your clickstream (the record of your traversal through a Roche NimbleGen website).

Site improvement: Upon accessing a Roche NimbleGen website, Roche NimbleGen collects information, such as the browser you are using and the screen size you are using, to improve the content of the site, make your traversal through the site more efficient and tailor the content and layout of the site to your preferences.

Administration: Roche NimbleGen collects your computer's IP address for the purposes of administration, such as monitoring the level of activity on a Roche NimbleGen website and diagnosing problems with Roche NimbleGen web servers.

URL prior to accessing a Roche NimbleGen website: To enforce the Roche NimbleGen Linking Policy, Roche NimbleGen will collect the Uniform Resource Locator, or "URL," which is the address of the web site you last visited prior to accessing a Roche NimbleGen website.

Cookies: In a very limited manner, Roche NimbleGen uses cookies (small pieces of information Roche NimbleGen web servers transmit to your computer) to allow Roche NimbleGen web servers make your traversal through a Roche NimbleGen website more efficient. For instance, Roche NimbleGen may use cookies to remember items selected for purchase in an on-line business transaction in order to generate a total charge for the entire transaction. You may set a preference in your web browser to warn you every time a cookie is being sent or to turn off all cookies. (Please refer to the help page in your web browser to set up your cookie preferences.)

Surveys: Roche NimbleGen may use your personally identifiable information to send you surveys regarding use of a Roche NimbleGen website and Roche NimbleGen various products and services.

Occasions where Roche NimbleGen may share your information with others

Roche NimbleGen may share your information with others for the following reasons:

Your authorization: Roche NimbleGen may share your personally identifiable information if you authorize Roche NimbleGen to do so.

Agents of Roche NimbleGen: Roche NimbleGen may share your personally identifiable information, purchase-related information, training requests and correspondence with customer service with third parties who help Roche NimbleGen deliver products or services, such as a shipping company. Those third parties include contractors, temporary employees and consultants and other companies working with Roche NimbleGen (collectively, "Agents"). Agents are instructed to use your information to help Roche NimbleGen deliver products or services.

Companies of Roche NimbleGen: Roche NimbleGen may share your personally identifiable information, technically related information, product notification requests, purchase-related information, training requests, software patch requests and correspondence with customer service with Roche NimbleGen Systems, Inc., any of its related, affiliated or subsidiary companies or its parent company.

Customer profiling: Roche NimbleGen may match your personally identifiable information, purchase-related information, training requests and correspondence with customer service with third-party data to help Roche NimbleGen better understand its customers and for marketing purposes.

Business partners: Roche NimbleGen may disclose aggregate user statistics of purchase-related information, training requests and technology-related information to prospective and current business partners and advertisers. This information will not include personally identifiable information.

Business transfers: As Roche NimbleGen continues to develop its business, Roche NimbleGen may sell or buy companies or assets. In such transactions, personally identifiable information generally is one of the transferred business assets. In addition, aggregate user statistics of purchase-related information, training requests and technology-related information may be disclosed to a prospective purchaser of a Roche NimbleGen company or asset. Although unlikely, Roche NimbleGen or substantially all of its assets may be acquired. In this instance, personally identifiable information will be one of the transferred assets.

Protection: Roche NimbleGen may disclose your personally identifiable information and technology-related information, when Roche NimbleGen believes that such release is reasonably necessary to enforce or apply the Terms and Conditions of the Use of the Roche NimbleGen Web Sites and other agreements or to protect the rights, property, or safety of Roche NimbleGen, users or others.

Law enforcement: Roche NimbleGen may be required by law to cooperate with government authorities and will, for example, disclose your personally identifiable information and technology-related information upon receipt of a court order or subpoena.

Roche NimbleGen security precautions to protect your information: Roche NimbleGen has taken precautions to secure personally identifiable information you submitted. Roche NimbleGen web servers protect this information using password protection and encryption.

What is covered by the Roche NimbleGen Privacy Policy?

This Privacy Policy applies to the use of www.nimblegen.com or any other World Wide Web site owned by Roche NimbleGen Systems, Inc. or any of its affiliated companies. Your use of these websites or pages within these websites is also governed by the Terms and Conditions of the Roche NimbleGen Web Sites and the Roche NimbleGen Linking Policy, all of which are incorporated herein by reference.

What is not covered by the Roche NimbleGen Privacy Policy?

Links to third-party web sites: A Roche NimbleGen website may contain links to other web sites owned or operated by third parties. This Privacy Policy does not cover a third-party web site's privacy, disclosure and collection policy or practices. For example, a third-party web site may solicit you, request personally identifiable information from you and send cookies to you. Upon clicking on a third-party web site, this Privacy Policy no longer applies.

Third-party advertisers: This Privacy Policy does not cover a third-party advertiser's privacy, disclosure and collection policy or practices. For instance, a third-party advertiser may collect information about you when you click on the third-party's banner advertisement. Upon clicking on a third-party web advertisement, this Privacy Policy no longer applies.

This Roche NimbleGen, Inc. Linking Policy ("Policy") applies to your use of www.nimblegen.com or any other World Wide Web site owned by Roche NimbleGen, Inc. or any of its affiliated companies (collectively, "NimbleGen" and/or "this Site").

BY LINKING TO THIS SITE OR A WEB PAGE WITHIN THIS SITE, YOU AGREE TO THIS ROCHE NIMBLEGEN LINKING POLICY.

Linking to Roche NimbleGen

• Prior to linking, you must obtain Roche NimbleGen' consent, which may be obtained upon request. The link must only be one of the following:
  • a text link clearly marked "Roche NimbleGen"
  • www.nimblegen.com
  • the Roche NimbleGen logo
• If using the Roche NimbleGen logo, you must use the Roche NimbleGen logo graphic file, which may be obtained upon request, and follow the Roche NimbleGen logo usage guidelines. The Roche NimbleGen logo graphic file is provided "AS IS".
• The link must not result in this Site or any of the web pages within this Site being framed.
• Roche NimbleGen reserves the right to revoke its consent to the link or the use of the Roche NimbleGen word mark or logo at any time, for any reason and in its sole discretion.
• Subject to your compliance with the above terms, Roche NimbleGen hereby grants to you a limited, non-exclusive, nontransferable, royalty-free license to use the Roche NimbleGen word mark or logo:
  • solely for the purpose of establishing a permitted link
  • provided that your use does not cause confusion, mistake, or deception as to:
    - an affiliation, connection, or association with Roche NimbleGen; or
    - an endorsement, origin, sponsorship or approval by Roche NimbleGen.

Third-party Content and Sites

Third-party content may appear on this Site or may be accessible via links from this Site. Roche NimbleGen provides this content and these links as a convenience to you. Third-party content and sites are not under the control of Roche NimbleGen. Accordingly, Roche NimbleGen makes no representations or warranties whatsoever concerning any third-party content or sites. Moreover, Roche NimbleGen is not responsible for and assumes no liability for any mistake, misstatement of law, defamation, slander, libel, omission, falsehood, obscenity, pornography or profanity in the statements, opinion or representation contained in any third-party content or sites.

A link from this Site, a link to this Site, or link to a web page within this Site is NOT an endorsement, authorization, sponsorship, affiliation or reflection of the belief of Roche NimbleGen with respect to such site, its owners or its providers.

Additional Terms

Your use of this Site or a web page within this Site is also governed by the Terms and Conditions of the Roche NimbleGen Web Sites and the Roche NimbleGen Privacy Policy, all of which are incorporated herein by reference.

This Site, including but not limited to the text and images herein and their arrangement, is protected by U.S. and international copyright laws.

© Copyright 2002 - 2012 Roche NimbleGen, Inc. All rights reserved.