AFFYMETRIX, INC. CONFIDENTIALITY AND LIMITED LICENSE AGREEMENT
IMPORTANT - PLEASE READ CAREFULLY: 

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This Confidentiality and Limited License Agreement (the "Agreement") is a legally binding agreement between you (either an individual or a single entity) and Affymetrix, Inc. ("Affymetrix') for the information contained on this CD-ROM or website ("Information"). This Agreement contains terms and conditions in addition to the general Terms and Conditions of Affymetrix which are applicable to the product(s) to which the Information pertains and your use of such product(s). By clicking "Yes" below and/or accessing, viewing or otherwise using the Information, you are indicating that you agree to be bound by the following terms. If you do not agree to the terms of this Agreement, do not use the Information.

CONFIDENTIALITY: You agree not to disclose or use the Information for any purpose not expressly permitted in this Agreement and to take all reasonable precautions, but in no event less than the measures you use to protect and maintain the confidentiality of your own most confidential information, to protect the Information against unauthorized access, use, copying, publication, disclosure or distribution, in whole or in part, in any form. You acknowledge that the Information contains valuable, confidential information and other proprietary material and that unauthorized use and/or disclosure would cause irreparable harm to Affymetrix. The provisions of this paragraph shall not apply to any portion of the Information: (a) which, at the time you receive the Information, was in your possession without obligation of confidentiality to Affymetrix; (b) which is or becomes part of the public domain other than by a breach of Confidentiality to Affymetrix; or (c) which you receive from a third party under no obligation of confidentiality, provided that such information was not obtained by such third party directly or indirectly from Affymetrix.

GRANT OF LICENSE: Subject to the terms and conditions of this Agreement, Affymetrix grants to you a personal, non-exclusive, non-transferable, non-sublicenseable right to use the Information solely in connection with your use of the applicable Affymetrix product(s) in the ordinary course of your normal internal research activities in accordance with documentation provided to you with such products(s) and the general Terms and Conditions of Affymetrix applicable to such product(s). The Information is made available by Affymetrix to you for your internal research use only and not for commercial use. Except as expressly set forth herein or to the extent permitted by applicable law (and solely for the purpose(s) contemplated by such law), you may not copy (except that the Information may be loaded in both the temporary and permanent storage of one (1) workstation and one (1) copy may be made solely for the purpose of backup), modify, make derivative works of, reverse engineer, publicly display, or distribute this Information to any person, firm, corporation or other entity, or use this Information in any other manner, without prior written approval from Affymetrix.

RESERVATION OF RIGHTS: This Information is owned by Affymetrix and represents valuable trade secrets of Affymetrix which you agree to preserve. The Information is also protected by copyright laws and international treaty provisions and may be protected by patent law(s) as well. No title to intellectual property is being transferred and except for the limited right to use the Information as expressly stated above, this Agreement does not grant you any intellectual property rights in the Information. You agree not to reverse engineer, deconstruct, disassemble or decompile the Information or otherwise attempt to discover any know-how embodied in the Information including without limitation any algorithm, technique or know-how relating to sequence selection or design, layout, manufacturing, scanning or detection of probe arrays or related products or extraction, storage or analysis of data therefrom. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices, if any, that appear on or in the Information. 

NO WARRANTY:  The Information is provided "as is". Affymetrix does not warrant that the Information will meet your requirements. The entire risk as to the quality and usefulness of the Information is borne by you. Except to the extent required by applicable law, Affymetrix makes no representations, warranties or conditions, express or implied, including but not limited to non-infringement, conformity to any representation or description, merchantability, satisfactory quality or fitness for a particular purpose.
LIMITATION OF LIABILITY: NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT AND EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, AFFYMETRIX WILL NOT BE LIABLE WITH RESPECT TO THE INFORMATION UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY FOR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST DATA OR LOST PROFITS, HOWEVER ARISING, EVEN IF AFFYMETRIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXPORT RESTRICTIONS: You agree that you will not export or re-export the Information except as permitted by the laws and regulations of the United States and other applicable jurisdictions, and only to the extent required for the purposes contemplated by this Agreement.

GENERAL: This Agreement constitutes the entire agreement between you and Affymetrix with respect to the subject matter hereof and is the final, complete and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings and undertakings relating to the subject matter hereof. Modifications may be made only in writing and signed by an authorized corporate officer of Affymetrix. The waiver of any term or condition or any breach thereof shall not affect any other term or condition of this Agreement. You may not assign this Agreement without the prior written consent of Affymetrix. Without prejudice to any other rights, Affymetrix may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement or the general Terms and Conditions of Affymetrix applicable to the product(s) to which the Information pertains. In such event, you must destroy or return to Affymetrix all copies of the Information. This Agreement shall be governed by and construed according to the laws of California, without regard to conflict of law provisions. In the event that any provision of this Agreement or portion thereof is found to be illegal or unenforceable, the Agreement shall be construed without the unenforceable provision or portion thereof.
Should you have any questions concerning this license agreement, or if you desire to contact Affymetrix for any reason please write: Affymetrix, Inc., 3380 Central Expressway, Santa Clara, CA 95051, Attention: General Counsel.

AS STATED ABOVE, USE OF THE INFORMATION INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT.
CONFIDENTIAL
April 19, 2001

