Terms_of_Use.txt

PacBio DevNet Terms of Use

Pacific Biosciences of California, Inc. ("Pacific Biosciences") provides you with access to 
and use of this Pacific Biosciences' website ("Site") and the content thereon, subject to the
following terms and conditions ("Terms"). Please read all of these Terms carefully, as your 
continued use of this Site will indicate that you have read and understood these Terms and that
you agree to be bound by all of these Terms. Access to and use of certain portions of this Site
may be subject to additional terms and conditions, and such additional terms and conditions are
in addition to those provided below. These Terms are subject to change without notice, so please
read them regularly when accessing this Site, as your use of the Site will indicate your 
agreement to be bound by the Terms then provided in this section of the Site. If you do not wish
to be bound by these Terms, please exit this Site immediately.

If you are using the Site on behalf of a company or other organization, you represent that you
have the authority to bind that company or organization to these Terms, and the terms "you" and
"your" will refer to you and that company or organization. If you do not have that authority, or
if you do not agree with these Terms, you may not use and you must exit the Site. 

Note: these Terms are in addition to any other agreement you may have with Pacific Biosciences,
including any agreement governing purchase or use of Pacific Biosciences products or services by
you or your company or organization. 

I. General Terms of Use 
A. Subject to these Terms, and to all other terms, conditions and use restrictions set forth in
the end user license agreement(s) and/or documentation accompanying and/or applicable to any 
Content (collectively ?Other Terms?), Pacific Biosciences hereby grants you a limited, non-
exclusive, non-transferable, non-sublicensable license to use the contents of this Site,
including but not limited to, any text, data, graphics, software, video, or animation contained
on the Site (collectively "Content").

B. You may not copy, display, distribute or modify any Content of the Site without the express
written consent of Pacific Biosciences. Notwithstanding the foregoing, you may download Content
from the Site provided that you maintain all copyright, trademark and other legal notices intact,
and comply with these Terms and with the Other Terms applicable to such Content. You may have
broader rights with respect to certain software, data or other Content under the applicable Other
Terms, and nothing in these Terms is intended to impose further restrictions on your use of such
Content under such Other Terms.

C. The Content of this Site may be protected, in whole or in part, by intellectual property laws
of the United States and other countries, including but not limited to copyright, trademark and
patent laws. Except for the limited license provided above, no other right or license is granted
to use any copyrighted Content or trademarks (registered or unregistered) of Pacific Biosciences 
or any third party which are provided on this Site. Nothing on this Site constitutes any grant of 
license, or offer to grant a license, of any kind, express or implied, under any patents owned or 
licensed by Pacific Biosciences, and any and all implied licenses under any such patents are expressly disclaimed.

D. In accessing this Site, you agree that you will not: (1) take any action that in any way 
interferes with or imposes any unreasonable burden upon the Site or its normal operation; (2) 
attempt to decipher, decompile, disassemble, or reverse engineer any of the software available on 
the Site (except as permitted by the applicable Other Terms) or underlying the operation of the 
Site; (3) delete or alter in any way any Content on the Site; (4) post any unlawful, indecent, 
abusive, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials to the 
Site; (5) post any proprietary, confidential or private information of any third party without 
having first obtained all licenses and/or approvals; (6) post any material the posting of which 
will give rise to criminal or civil liability under the laws of the jurisdiction from which you 
are posting, the laws of the State of California, and/or the laws of the United States. Pacific 
Biosciences reserves the right under these Terms and Pacific Biosciences' Privacy Policy to 
disclose the identity of anyone violating the foregoing provisions to relevant law enforcement 
agencies whenever it is legally obliged to do so, or to otherwise protect the interests of 
Pacific Biosciences.

E. Unless otherwise expressly provided, nothing on this Site constitutes any offer or invitation 
to conduct business in any jurisdiction, and any implied offers are expressly disclaimed.

F. Except as expressly provided elsewhere herein, on the Site, or in a separate written agreement 
with Pacific Biosciences, any information, feedback, comments or other submissions made to 
Pacific Biosciences will be treated as non-confidential and non-proprietary. Accordingly, you 
represent and warrant that you will not submit any proprietary or confidential information, 
feedback, comments or other submissions to Pacific Biosciences, that any information, feedback, 
comments or other submissions submitted to Pacific Biosciences shall become the property of 
Pacific Biosciences. Accordingly, and without limiting the foregoing, Pacific Biosciences shall 
be free to use, distribute, reproduce, modify, excerpt, attribute, adapt, publicly perform and 
publicly display any such information, feedback, comments or other submissions (in whole or in 
part) without restriction, and to incorporate them into other works in any format or medium now 
known or later developed, and to permit others to do so.

G. You are welcome to transmit or submit comments, content, and other communications ("User-
Submitted Content") to locations on the Site designated by Pacific Biosciences 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 such locations are intended. Pacific Biosciences 
may, but is not obligated to, monitor or review any areas of the Site where User Submitted 
Content may be posted or made available, including, but not limited to, blogs, chat rooms, 
bulletin boards and the like. Pacific Biosciences does not endorse and has no control over User-
Submitted Content. Any User-Submitted Content, even if posted by any employees of Pacific 
Biosciences, is not necessarily reviewed by Pacific Biosciences prior to submission or posting 
and does not necessarily reflect the opinions or policies of Pacific Biosciences. Pacific 
Biosciences assumes no responsibility or liability arising from User-Submitted Content or for any 
defamation, libel, slander, obscenity, pornography, profanity, omission, falsehood, error or 
inaccuracy in any information contained within, or infringement by, such locations on the Web 
Site. You hereby release Pacific Biosciences, its affiliates, and their respective directors, 
officers, shareholders, employees, agents and contractors from any and all liability and 
obligations whatsoever in connection with or arising from your creation, transmission, posting or 
use of User Submitted Content. Pacific Biosciences retains the right to remove, in its sole 
discretion, User-Submitted Content that includes any material deemed inappropriate or in 
violation of these Terms.

H. Access to password-protected and/or secure areas of this Site is limited to authorized users 
only and requires creation of an account. You must provide complete and accurate information on 
your account and update such information as necessary. You are responsible for maintaining the 
confidentiality of your account and password information, and you agree not to share or 
distribute your password information. You agree to notify Pacific Biosciences immediately of any 
unauthorized use of your account or any other breach of security. You further agree to accept 
responsibility for all activities that occur under your account or password.

II. No Warranties from Pacific Biosciences; Limitation of Liability 
Pacific Biosciences provides access to, and Content on the Site on an "as is" basis, and makes no 
warranties, express or implied, of any kind with respect to the Site or its Content. Without 
limiting the foregoing, Pacific Biosciences specifically excludes and disclaims any warranties or 
representations as to the accuracy, completeness, timeliness, relevance, objectivity or fitness 
for any particular purpose of any of the Content, or that any of the Content on the Site does not 
infringe the intellectual property rights of third parties. Pacific Biosciences makes no 
warranties or representations, that the Site or its Content, including but not limited to 
downloadable Content, will run or display properly on your computer or that such Content is free 
from viruses, ad-ware, or other destructive programs or features, that may infect your computer, 
when accessing this Site or the Content thereof, or any websites linked to this Site.

A. This Site is operated by Pacific Biosciences from its headquarters in Menlo Park, California, 
U.S.A., and Pacific Biosciences makes no representations or warranties that access to and use of 
the Site from other countries is possible, appropriate, or legal in such other countries. By 
accessing this Site, you acknowledge that you are doing so at your own initiative and risk, and 
you are solely responsible for complying with applicable laws and regulations. Without limiting 
the foregoing, you represent and warrant that you are in compliance with all laws and regulations 
of the jurisdiction from which you are accessing the Site. Although the Site may be accessible 
worldwide, not all features or Content on the Site may be available to all persons or in all 
geographic locations, or necessarily appropriate or available for use outside the United States. 
Pacific Biosciences reserves the right to limit, in its sole discretion, the provision and 
quantity of any feature and Content to any person or geographic area. 

B. The software, technology and other information on this Site may be subject to United States 
export controls and, potentially, those of other jurisdictions. 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 or regulations. By downloading or 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, and that your use of any software, technology or other information from this Site is not 
prohibited under any such laws or regulations.

C. Your access to and use of the Site and its Content is at your own risk, and Pacific 
Biosciences, its affiliates, and their respective directors, officers, shareholders, employees, 
agents and contractors will not be liable, and assume no liability, on any basis, for any direct, 
indirect, incidental, consequential, punitive or special loss or damages, arising out of your 
access to or use of the Site or Content, whether such damages arise under tort (including 
negligence), contract, or any other theory of liability. The foregoing may not apply in those 
jurisdictions that prohibit such limitations of liability.

D. In addition to the foregoing, and to the maximum extent permitted by law, Pacific Biosciences 
expressly disclaims and excludes any and all warranties, representations, liabilities, and 
obligations, express or implied, of any kind (including but not limited to any conditions of 
merchantability, satisfactory quality, fitness for a particular purpose, or use of reasonable 
skill and/or care), which might otherwise be implied or incorporated into these express terms and 
conditions, whether by statute, law or otherwise.

III. Hyperlinks to or from the Site 
Linking from Pacific Biosciences' Site: This Site may include hyperlinks to other websites owned, 
managed and/or operated by third parties, which third party websites may have their own terms and 
conditions of use associated therewith. The hyperlinks to these third party websites are provided 
solely for your convenience and do not constitute any endorsement, recommendation, affirmation or 
statement of affiliation by Pacific Biosciences with respect to such third party or such third 
party's website or the content thereof. Pacific Biosciences makes no representations or 
warranties connected with your access to and use of such third party websites or the content 
thereof. Without limiting the foregoing, Pacific Biosciences assumes no liability for any damages 
arising out of your access to and use of any third party websites hyperlinked to the Site, or any 
content on such third party websites, and by linking to or otherwise accessing such third party 
websites, you expressly acknowledge that Pacific Biosciences shall have no liability for your 
access to or use of such third party websites, and you expressly waive any claim, suit or action 
for damages against Pacific Biosciences arising out of your access to and use of the third party 
website(s).

A. Linking to Pacific Biosciences' Site: Except as specifically provided herein, 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 software application, that is freely accessible 
by the public at no charge. If you desire to link to this Site in any other manner, you must 
first obtain Pacific Biosciences' written permission to do so. You may not link to this Site in 
any manner which states or implies any affiliation between you or your organization and Pacific 
Biosciences, or any sponsorship, endorsement, approval or recommendation of you or your 
organization by Pacific Biosciences, without the express written approval of Pacific Biosciences. 
Any permitted link to this Site must clearly identify Pacific Biosciences as the owner of this 
Site. Pacific Biosciences reserves the right to redirect (to any page it chooses) or block any 
links to the Site.

IV. Indemnification. You agree to defend, indemnify, and hold harmless Pacific Biosciences, its 
affiliates, and their respective directors, officers, employees, agents and contractors from and 
against any claims, actions, demands or suits, including, without limitation, reasonable 
attorneys' fees, arising from your access to or use of the Site or Content, or any breach of the 
Terms or applicable Other Terms by you.

V. Governing Law. These terms and conditions shall be interpreted according to the laws of the 
State of California, without regard to its conflicts of laws provisions, and the laws of the 
United States of America. Any action arising from access to or use of the Site, and/or involving 
these terms and conditions, shall be brought in the state courts in the State of California, 
County of Santa Clara, or in the United States District Court for the Northern District of 
California, and you hereby consent to jurisdiction of such courts in any such action. 

VI. Termination; Modifications. Pacific Biosciences may, in its sole discretion, modify, 
restrict, or terminate this agreement, any of the Terms, and/or your continued access to and use 
of the Site and its Content, at any time and without notice or liability. We suggest retaining a 
copy of these Terms for your future reference. You should be aware, however, that we may revise 
these Terms at any time, and by your continued use of the Site you agree to be bound by future 
revisions to the Terms. It is your responsibility to periodically review the most current version 
of the Terms. You may use your browser to print copies of the Terms and any updated versions 
thereof. 

Last updated February 5, 2013. 

DevNet Support: devnet@pacificbiosciences.com 
(C) 2010 Pacific Biosciences of California, Inc. All rights reserved.