Terms and Conditions

ROSETTA BIOSOFTWARE WEB SITE
TERMS OF USE AGREEMENT
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY.

Last modified: April 11, 2008

Introduction

This Rosetta Biosoftware Web Site Terms of Use Agreement (this "Agreement") is between you ("User") and Rosetta Inpharmatics LLC, through its business unit Rosetta Biosoftware ("Rosetta"). User's use of the Rosetta Biosoftware Web site (the "Web Site") is conditioned on User's acceptance of the terms and conditions contained in this Agreement. User will be requested at the end of this Agreement to indicate User's acceptance of these terms and conditions.

Terms of the this Agreement apply to users of the Web Site who seek access to certain restricted Web pages and Content (as defined below) as customers of a particular the Rosetta Biosoftware product(s) ("Customer Users"); and to others who only seek only access to certain restricted Web pages and Content and are not customers ("Community Users"); provided that Section 1.3 and Appendix A shall not apply to Community Users. As noted herein, access to Web pages and Content available to Customer Users may not be made available to Community Users, at Rosetta's sole discretion. Unless otherwise provided herein, Customer Users and Community Users shall be collectively referred to as "Users".

By clicking on the "I ACCEPT/AGREE" button, User will have accepted and agreed to be bound by these terms and conditions, and User will also have confirmed that User has authority to agree to be so bound. IF USER DOES NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT OR DOES NOT HAVE AUTHORITY TO SO AGREE, USER MUST IMMEDIATELY LOG OFF THE WEB SITE.

1. License.

1.1 Use. Rosetta hereby grants User a nonexclusive, nontransferable license to access and use the Web Site internally via the Internet and to view and download a copy of the text and images expressly designated to User by Rosetta (the "Content") solely for User's Internal Use (as defined below). User may use the Web Site only for the retrieval of the Content and shall comply with all applicable laws and regulations with respect to use of the Web Site and the Content hereunder. This license only grants to User the right to use the Web Site and Content, and User does not acquire any right of ownership or title in them. All right, title and interest in and to the Web Site and Content will at all times remain the property of Rosetta and its licensor(s) and service providers.

As used herein, "Internal Use" means

(a) for Community Users, use solely for User's personal, internal, non-business purposes; and

(b) for Customer Users, use solely for User's internal business purposes in a manner consistent with the license rights and obligations under the license agreement to the Rosetta Biosoftware product(s) ("Rosetta Biosoftware Product(s)") between User's company and Rosetta (the "Product License Agreement"). [To the extent User is not aware of the licensing terms and conditions under the Product License Agreement, we encourage User to contact User's legal department or User's System Contact at Rosetta. User and User's company are responsible for compliance with the Product License Agreement.] If there is any inconsistency between the Product License Agreement for different Rosetta Biosoftware Products to which User's company has a license, User agrees to comply with the Product License Agreement that pertains to the Rosetta Biosoftware Product most related to the Content User is using.

1.2 Data. As a convenience to User's use of the Rosetta Biosoftware Product(s), Rosetta may deliver to User as Content certain genetic data and annotation procured from third party licensors ("Third Party Data"). Some Third Party Data available to Customer Users may not be available to Community Users, at Rosetta's sole discretion. The Third Party Data are provided for User's convenience only and may be pre-modified for easy loading into the applicable Rosetta Biosoftware Product(s) for which they are designated. To that extent, User is provided the Third Party Data under a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute the Third Party Data to others. User acknowledges that the Third Party Data are freely available elsewhere from public domain sources and nothing in this Agreement prevents User from acquiring such data from such sources on User's own and using such data for what purposes User sees fit. All the Third Party Data are User's sole responsibility. As a condition for using the Third Party Data, User warrants that User will not use the Third Party Data for any purpose that is unlawful. No rights to use any trade names, trademarks, service marks, or product names of the third party licensors, except as required for reasonable and customary use in describing the origin of the Third Party Data. Unless required by applicable law, Rosetta provides the THIRD PARTY DATA on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, or freedom from errors, omissions, bugs, viruses or anomolies. User is solely responsible for determining the appropriateness of using or redistributing the THIRD PARTY DATA and assumes any risks associated with User'S exercise of permissions under this sECTION 1.2. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall Rosetta or any other person be liable to USER for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of receipt, use or distribution of the Third Party Data, even if USER HAS been advised of the possibility of such damages. User's sole and exclusive remedy for any defects in or inability to use the Third Party Data shall be for Rosetta to direct User to the source of the Third Party Data, if still available. Due to restrictions of certain licensors of the Third Party Data, Rosetta reserves the right to make such data available on condition to User's agreement to additional terms, including terms posted on the Web Site proximate to where the data may be downloaded; and if so, User agrees to be bound by those terms in User's use of such data.

1.3 Message Board (for use by Customer Users only). In order to register and use the Message Board, Customer User must also agree to the special Message Board Terms of Use set forth in Appendix A to this Agreement. In the event of any conflict between this Agreement and Appendix A to this Agreement, Appendix A shall prevail.

1.4 Restrictions. User's right to use the Web Site and Content is personal to User. User may not transfer or make available User's password or Web Site access rights to others. Any distribution by User of User's password or access rights may result in termination of this Agreement in Rosetta's sole discretion. Except as otherwise consistent with the terms and conditions of the Product License Agreement (if applicable), User may not: (a) use, copy or disclose the Web Site or the Content except as permitted by this Agreement; (b) use the Web Site or the Content for time-sharing, rental or service bureau purposes; (c) sell, sublicense, resell, or otherwise transfer User's right to use the Web Site or the Content; (d) modify, reverse engineer, decompile or disassemble any part or all of the Web Site or Content; or (e) create or attempt to create derivative works based on or of the Web Site or the Content, in whole or in part.

2. Confidential Information.

The Web Site contains confidential and proprietary information and content of Rosetta ("Rosetta Confidential Information"). User agrees not to make available the Rosetta Confidential Information any person, except in the case of a Customer User, to Customer User's employees or contractors whose access is necessary to enable Customer User to exercise Customer User's license and who are bound by an appropriate agreement ensuring compliance with all applicable provisions of this Agreement. User shall take all reasonable precautions to safeguard the Rosetta Confidential Information, exercising at least a reasonable degree of care, and agree to promptly notify Rosetta of any unauthorized use or disclosure of Rosetta Confidential Information, and to take all reasonable action to prevent use of the Rosetta Confidential Information in breach of this Agreement. User's obligations to keep confidential the Rosetta Confidential Information shall survive termination of the Agreement. Notwithstanding the foregoing, Customer User's use and non-disclosure of Rosetta Confidential Information should be consistent with the terms and conditions of use and non-disclosure under the Product License Agreement.

3. Indemnification.

User's use of this Web Site and its Content is voluntary. User shall indemnify Rosetta and its affiliates, distributors and licensors, and all of its and their directors, employees, and agents against, and hold them harmless from, any and all lawsuits, claims, expenses (including reasonable attorneys' fees), settlements, damages, judgments and the like arising from User's use of the Web Site and Content.

4. Injunctive Relief.

User agrees that, if User breaches or threatens to breach this Agreement in any manner, Rosetta may suffer irreparable damage, money damages will be inadequate, and Rosetta shall be entitled to preliminary and other injunctive relief by a court of competent jurisdiction against any such breach or threatened breach, without having to wait for User to cure a breach and without having to post a bond or other security. Such injunctive relief shall be in addition to, and in no way in limitation of, any and all other remedies Rosetta may have in law or equity, or under this Agreement, for the enforcement of this Agreement.

5. Warranties and Disclaimers of Warranties.

EXCEPT TO THE EXTENT SET FORTH IN THE APPLICABLE PRODUCT LICENSE AGREEMENT IF USER IS A CUSTOMER USER:

• ROSETTA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEB SITE OR THE CONTENT, INCLUDING WITHOUT LIMITATION THE SUITABILITY OF THE CONTENT AND OTHER INFORMATION CONTAINED ON THIS WEB SITE FOR ANY PURPOSE.
• USER'S ACCESS TO AND USE OF THE WEB SITE, SUCH CONTENT AND OTHER INFORMATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ROSETTA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEB SITE, CONTENT AND OTHER INFORMATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND AVAILABILITY.
• ROSETTA DOES NOT WARRANT THE ACCURACY OF THE CONTENT OR OTHER INFORMATION CONTAINED ON THE WEB SITE.
• ROSETTA DOES NOT WARRANT THAT: THE WEB SITE AND ITS CONTENT WILL MEET USER'S REQUIREMENTS; THE WEB SITE AND THE CONTENT, INCLUDING WITHOUT LIMITATION ITS OPERATION, OR THE SERVICES WILL BE ERROR-FREE; OR ALL DEFECTS WILL BE CORRECTED.

FURTHER, ROSETTA ALSO DOES NOT WARRANT THAT THE WEB SITE AND THE CONTENT WILL FUNCTION PROPERLY IN COMBINATION WITH USER'S EQUIPMENT. ROSETTA DOES NOT WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

6. Limitation of Remedies and Limitation of Liabilities.

6.1 USER'S SOLE AND EXCLUSIVE REMEDY FROM USER'S INABILITY TO USE OR ACCESS THE WEB SITE OR THE CONTENT, DEFECTS IN THE WEB SITE, OR ANY OTHER MATTER ARISING FROM USER'S USE OF THE WEB SITE OR THE CONTENT SHALL BE THAT ROSETTA SHALL USE REASONABLE EFFORTS TO PROVIDE USER WITH (A) IN THE CASE OF WRITTEN CONTENT TO WHICH USER IS GRANTED ACCESS BY ROSETTA, A COPY OF THE CONTENT IN AN ELECTRONIC FORMAT COMPATIBLE WITH ADOBE SYSTEMS INCORPORATED THEN-GENERALLY AVAILABLE VERSION OF ADOBE ACROBAT® READER, OR MICROSOFT CORPORATION'S THEN-GENERALLY AVAILABLE VERSION OF WORD® OR A PAPER COPY OF THE CONTENT, AT ROSETTA'S SOLE DISCRETION, (B) IN THE CASE OF ROSETTA BIOSOFTWARE PRODUCT SOFTWARE TO WHICH USER IS GRANTED ACCESS BY ROSETTA, A COPY OF THE SOFTWARE VIA TANGIBLE MEDIA OR OTHER ELECTRONIC TRANSFER MEANS TO THE EXTENT USER IS ENTITLED TO RECEIVE SUCH SOFTWARE UNDER THE PRODUCT LICENSE AGREEMENT, AND (C) IN THE CASE OF THIRD PARTY DATA TO WHICH USER IS GRANTED ACCESS BY ROSETTA, DIRECTIONS TO ACCESS THE THIRD PARTY DATA DIRECTLY BY USER FROM THE APPLICABLE THIRD PARTY LICENSORS.

6.2 USER IS RESPONSIBLE FOR THE SELECTION OF SOFTWARE TO SATISFY USER'S REQUIREMENTS, FOR USER'S DATA, AND FOR THE DATA AND OTHER RESULTS OBTAINED, AND CONCLUSIONS DRAWN, FROM OPERATION OF THE WEB SITE. EXCEPT TO THE EXTENT SET FORTH IN THE PRODUCT LICENSE AGREEMENT IN THE CASE OF CUSTOMER USER'S, ROSETTA and its affiliates, distributors and licensors, and all of its and their directors, employees, and agents WILL HAVE NO LIABILITY TO USER, THIRD PARTIES OR RELATED PARTIES IN CONNECTION WITH THE USE OF SUCH DATA, RESULTS AND CONCLUSIONS, OR ARISING OUT OF ANY USE OF THE WEB SITE OR THE CONTENT, AND DO NOT ASSUME ANY RESPONSIBILITY FOR USER'S ACTS OR OMISSIONS WHICH MAY RESULT IN ANY LIABILITY OR DAMAGES DUE TO MALPRACTICE, FAILURE TO WARN, NEGLIGENCE OR ANY OTHER BASIS. IN ADDITION, ACTIONS OR INACTIONS OF THIRD PARTIES MAY RESULT IN SITUATIONS IN WHICH USER'S INTERNET CONNECTION, USE OF THE WEB SITE, THE CONTENT OR OTHER INFORMATION MAY BE IMPAIRED, DISRUPTED OR DAMAGED. ROSETTA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE INTERNET, AND SO DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH ACTIONS OR INACTIONS.

6.3 IN NO EVENT SHALL ROSETTA OR its affiliates, distributors and licensors, OR ANY of its OR their directors, employees, and agents BE LIABLE AS A RESULT OF USER'S USE OF THE WEB SITE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS RESULTING FROM BUSINESS DISRUPTION, LOSS OF DATA, LOST PROFITS, LOST GOODWILL, OR DAMAGE TO SYSTEMS OR DATA, WHETHER IN AN ACTION FOR CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF ROSETTA OR its affiliates, distributors and licensors, OR ANY of its OR their directors, employees, and agents HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.4 EXCEPT TO THE EXTENT SET FORTH IN THE PRODUCT LICENSE AGREEMENT, THE OBLIGATIONS OF ROSETTA AND USER'S RIGHTS AND REMEDIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND ARE GIVEN IN SUBSTITUTION FOR ALL OTHER WARRANTIES, OBLIGATIONS, AND LIABILITIES OF ROSETTA.

7. Term and Termination.

This Agreement is effective immediately upon User's agreement to the license terms for the Web Site and shall continue until terminated as described in this section. Rosetta may suspend or terminate this Agreement immediately and without notice (a) without cause at any time, or (b) if: (i) User transfers or makes available User's password or Web Site access rights to others, except where permitted by Rosetta in writing prior thereto; (ii) User breaches this Agreement and fails to cure such breach within 10 days after receipt of notice; or (iii) in the case of Customer User, User's company terminates or suspends its business or becomes subject to any bankruptcy or insolvency proceeding, and in the case of Community User, User becomes subject to any bankruptcy or insolvency proceeding. Furthermore, Customer User's use of the Web Site may be terminated immediately and without notice in the event that Customer User and/or Customer User's company is no longer entitled to receive technical support and software upgrade protection under the Product License Agreement. If Customer User or Customer User's company is a licensee of more than one Rosetta Biosoftware Product, the previous sentence will be applicable only to the Web Site with respect to the Rosetta Biosoftware Product for which Customer User or Customer User's company are no longer entitled to receive such technical support and software upgrade protection. Termination will not limit a party from pursuing any other remedies available to it except to the extent that the remedies described herein are explicitly exclusive. All rights and obligations that should by their nature survive will survive any termination of this Agreement, including the terms of Sections 2-8. Upon termination of this Agreement with respect to a Rosetta Biosoftware Product, Customer User will make no further use of the Web Site or the Content with respect to such Rosetta Biosoftware Product, except where use of the Content is permitted under the Product License Agreement.

8. General.

8.1 Assignment, Successors. No right or license under this Agreement may be assigned or transferred by User nor may any duty be delegated by User without Rosetta's prior written consent. Any assignment, transfer or delegation in contradiction of this provision shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the successors and assigns of User and Rosetta.

8.2 Waiver, Severability, Amendment. Waiver of a breach of or right hereunder will not constitute a waiver of any other or subsequent breach or right. If any provision herein shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions herein will remain in full force and effect. This Agreement may be amended only in a document signed by Community User and Rosetta, or authorized representatives of Customer User and Rosetta, as applicable.

8.3 Governing Law. This Agreement shall be governed exclusively by Washington State law excluding its conflicts of laws rules. Venue for any action between the parties arising under this Agreement shall be King County, State of Washington.

8.4 Interpretation. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. Rosetta's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.

8.5 Entire Agreement. With the exception of User's agreement to terms and conditions under the Product License Agreement and related agreements pertaining to the Web Site and its Content, this Agreement, including Appendix below, is the complete and exclusive agreement between the parties and supersedes all previous and contemporaneous agreements, proposals and communications with respect to this subject matter. In the event of any conflict between this Agreement and the Product License Agreement, this Agreement shall prevail.

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Appendix A

Message Board Terms of Use (applicable to use of Rosetta Biosoftware's Message Board by Customer Users with respect to the applicable Rosetta Biosoftware Product)

A1. Rules and Requirements. User agrees to comply with rules and functional and technical requirements established by Rosetta for use of the Community Message Board (hereafter, "Message Board"). Rosetta may revise such rules and requirements from time to time by updating or revising them, with the revised rules and requirements taking effect upon posting.

A2. Content. User may view the comments, queries, information, text, software, data, and scripts (the "content") on the Message Board and download a copy of specific content as expressly permitted on the applicable content on the Message Board solely for User's personal, noncommercial use and in conjunction with User's exercise of User's rights in and to the Rosetta Biosoftware Product(s) under the Web Site Agreement, Product License Agreement and these Appendix A Terms, and participation in the Message Board, but subject to the limitations described below. Unless explicitly prohibited by these Appendix A Terms or otherwise indicated by Rosetta or another user in a posting, User may reproduce, distribute, modify, display, prepare derivative works based on, repost and otherwise use the content.

A3. Communications. User agrees that any content, communication or material User transmits to Rosetta via the Message Board or electronic mail, as well as User's name and User's use of the Message Board ("communications") are provided on a non-confidential basis to Rosetta. However, User also agrees that User shall treat any communications made available via the Message Board as confidential (whether or not it is marked as confidential) and shall not, without Rosetta’s prior consent, disclose it to any third party other than Message Board participants or to any third party outside of User's organization, and User shall not use it except as permitted in these Appendix A Terms or the Web Site Agreement. Notwithstanding any indications to the contrary made in connection with User's content posted to the Message Board, User grants to Rosetta the perpetual, nonexclusive right to reproduce, distribute, modify, display, prepare derivative works based on, repost, edit, publish, translate and otherwise use in any medium (whether now known or hereafter discovered), any communications that User places on the Message Board for any purpose and without compensation to User. User represents and warrants that User is authorized to grant all rights set forth in the preceding sentence. User may not advertise or solicit User's own goods or services on the Message Board.

A4. Ownership. User acknowledges and agrees that: the content on the Message Board, including but not limited to ideas, suggestions, opinions, know how, comments, attachments, scripts and other software, and, if any, video and images of people and places, are owned by Rosetta or its licensors or other Message Board users under copyright law or are in the public domain; User may not use the content except as specifically permitted by these Appendix A Terms; any impermissible use or misuse of such content may be a violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and other regulations, statutes or law; and User acquires no right, title, or interest in the content other than as expressly provided herein.

A5. Specific Restrictions. As part of the Message Board and as a condition of User's use of the Message Board, User agrees not to:

(a) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;

(b) Post or transmit any content which contains a virus, worm or other harmful component;

(c) Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material for commercial purposes; or

(d) Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder or unless it is in the public domain, and User assumes all risk and responsibility for determining whether such content is in the public domain.

A6. No Endorsement. Rosetta does not represent or endorse the accuracy or reliability of any content posted in the Message Board and User acknowledges that any reliance upon such content shall be at User's sole risk. Any content placed in the Message Board by users are the views of the user posting the statement, and do not represent the views of Rosetta.

A7. External Sites. The Message Board may contain links to sites on the Internet which are owned and operated by third parties (the "External Sites"). User acknowledges that Rosetta is not responsible for the availability of, or the content located on or through, any External Site. User should contact the site administrator or Webmaster for those External Sites if User has any concerns regarding such links or the content located on such External Sites.

A8. Marks. User acknowledges that Rosetta includes in the content and on the Message Board certain trademarks and service marks owned by Rosetta, including those marks listed on www.rosettabio.com. User agrees not to copy, use, or otherwise infringe upon these trademarks or service marks. User will not alter or remove any trademark, copyright or other notice from copies of the content. User will take all steps necessary to protect Rosetta's, its licensors', and other Message Board users’ proprietary rights in the content and the trademarks and service marks associated with the content including, but not limited to, the proper display of proprietary, copyright, trademark and trade secret notices on any copies of the content, in whole or in part, which User downloads.

A9. Monitoring and Control. User acknowledges that Rosetta does not control or monitor the accuracy of the content including the messages, information and files delivered to the Message Board by User and other users, and that Rosetta has no obligation to monitor the Message Board. However, User agrees that Rosetta has the right to monitor the Message Board electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Message Board properly, or to protect itself or its users. Rosetta may also change, suspend or discontinue all or any aspect of the Message Board at any time, including the availability of any feature, database, or content, without prior notice or liability. Rosetta reserves the rights at all times to refuse to post, to modify or to remove any content, including information or materials, in whole or in part, that, in its sole discretion, are objectionable, improper, or in violation of these Appendix A Terms. Rosetta may also suspend or terminate User's ability to use the Message Board and to pursue other available remedies and actions for any such violation of these Appendix A Terms or other inappropriate conduct.

A10. Term and Termination. These Appendix A Terms are effective immediately upon User's agreement to them for the Message Board and shall continue until terminated as described in this section. Rosetta may suspend or terminate these Appendix A Terms immediately and without notice (a) without cause at any time, or (b) if: (i) User transfers or makes available User's password or Message Board access rights to others, except where permitted by Rosetta in writing prior thereto; (ii) User breaches these Appendix A Terms and fails to cure such breach within ten (10) days after receipt of notice; (iii) User's company terminates or suspends its business; or (iv) User's company becomes subject to any national, federal or state bankruptcy or insolvency proceeding. Furthermore, User's use of the Message Board may be terminated immediately and without notice in the event that User and/or User's company is no longer entitled to receive technical support and Rosetta Biosoftware software upgrade protection under the Product License Agreement. If User's company is a licensee of more than one Rosetta Biosoftware Product, the previous sentence will be applicable only to the Message Board with respect to the Rosetta Biosoftware Product for which User and/or User's company are no longer entitled to receive such technical support and software upgrade protection. Termination will not limit Rosetta from pursuing any other remedies available to it except to the extent that the remedies described herein are explicitly exclusive. All rights and obligations that should by their nature survive will survive any termination of these Appendix A Terms. Upon termination of these Appendix A Terms with respect to a Rosetta Biosoftware Product, User will make no further use of the Message Board with respect to such Rosetta Biosoftware Product.

A11. WARRANTY DISCLAIMERS.

(a) ROSETTA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE CONTENT OR THE MESSAGE BOARD. ROSETTA SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT.
(b) ROSETTA DOes NOT WARRANT THE ACCURACY OF THE CONTENT OR OTHER INFORMATION CONTAINED on the MESSAGE BOARD. ROSETTA DOES NOT WARRANT THAT: THE MESSAGE BOARD and its content WILL MEET USER'S REQUIREMENTS; THE MESSAGE BOARD and THE content, INCLUDING WITHOUT LIMITATION ITS OPERATION, WILL BE ERROR-FREE; OR ALL DEFECTS WILL BE CORRECTED. Further, ROSETTA ALSO DOES NOT WARRANT THAT THE MESSAGE BOARD and THE content WILL FUNCTION PROPERLY IN COMBINATION WITH USER'S EQUIPMENT.
(c) ROSETTA DOES NOT WARRANT THAT THE CONTENT AVAILABLE FOR DOWNLOADING WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

A12. EXCLUSIVE REMEDY. USER'S sole and exclusive remedy FROM USER'S INABILITY TO USE OR ACCESS THE MESSAGE BOARD OR THE CONTENT, DEFECTS IN THE MESSAGE BOARD, OR ANY OTHER MATTER ARISING FROM USER'S USE OF THE MESSAGE BOARD OR THE CONTENT SHALL BE THAT Rosetta shall use reasonable efforts to make corrections to the Message Board and to provide User with access and use of it. however, rosetta shall have the sole and complete discretion to provide a substitute to the Message Board or to discontinue or change the Message Board if it is not able to provide use of or access to the Message Board or to correct such defects, or TO otherwise provide the Message Board in a manner meeting its requirements OR SERVING ITS BEST INTERESTS.

A13. LIMITATIONS OF LIABILITY. ROSETTA and its affiliates, distributors and licensors, and all of its and their directors, employees, and agents SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE MESSAGE BOARD OR ITS CONTENT, INCLUDING WITHOUT LIMITATION FROM USER'S USE OR INABILITY TO USE THE MESSAGE BOARD, OR ANY ERRORS OR OMISSIONS IN ITS CONTENT.

A14. Indemnification. User agrees to defend, indemnify and hold Rosetta and its affiliates, distributors and licensors, and all of its and their directors, employees, and agents harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Appendix A Terms by User or User's authorized users, or in connection with the use of the Message Board or the Internet or the placement or transmission of any message or information on the Message Board by User or User's authorized users.

A15. Cause of Action Limitation. Any cause of action User may have with respect to the Message Board must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

A16. Notification of Copyright Infringement. If User believes that User's work has been used or copied in a way that constitutes copyright infringement, please provide Rosetta's Copyright Agent a notice containing the following elements:

(a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;

(b) a description of the copyrighted work or works that User claims have been infringed and identification of what material in such work(s) is claimed to be infringing and which User requests to be removed or access to which is to be disabled;

(c) a description of where the material that User claims is infringing is located on the Message Board;

(d) information sufficient to permit Rosetta to contact User, such as User's physical address, telephone number, and email address;

(e) a statement by User that User has a good faith belief that the use of the material identified in User's notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(f) a statement by User that the information in User's notice is accurate and, under penalty of perjury, that User is the copyright owner or authorized to act on the copyright owner's behalf.

Rosetta's Copyright Agent for notice of claims of copyright infringement can be reached as follows:

• By mail: Copyright Agent/Lisa Owen, Rosetta Biosoftware, 401 Terry Avenue North, Seattle, WA 98103
• By telephone: 206-926-1200
• By fax: 206-926-1299
• By email: messageboard@rosettabio.com (with “NOTICE TO COPYRIGHT AGENT” in Subject Line)

PLEASE INDICATE YOUR ACCEPTANCE OF AND AGREEMENT TO THIS AGREEMENT BY CLICKING ON THE CHECK BOX NEXT TO "Accept Terms & Conditions of Use" BELOW.