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Quality Statement

Pacific Biosciences is committed to providing high-quality products that meet customer expectations and comply with regulations. We will achieve these goals by adhering to and maintaining an effective quality-management system designed to ensure product quality, performance, and safety.

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Image Use Agreement

By downloading, copying, or making any use of the images located on this website (“Site”) you acknowledge that you have read and understand, and agree to, the terms of this Image Usage Agreement, as well as the terms provided on the Legal Notices webpage, which together govern your use of the images as provided below. If you do not agree to such terms, do not download, copy or use the images in any way, unless you have written permission signed by an authorized Pacific Biosciences representative.

Subject to the terms of this Agreement and the terms provided on the Legal Notices webpage (to the extent they do not conflict with the terms of this Agreement), you may use the images on the Site solely for (a) editorial use by press and/or industry analysts, (b) in connection with a normal, peer-reviewed, scientific publication, book or presentation, or the like. You may not alter or modify any image, in whole or in part, for any reason. You may not use any image in a manner that misrepresents the associated Pacific Biosciences product, service or technology or any associated characteristics, data, or properties thereof. You also may not use any image in a manner that denotes some representation or warranty (express, implied or statutory) from Pacific Biosciences of the product, service or technology. The rights granted by this Agreement are personal to you and are not transferable by you to another party.

You, and not Pacific Biosciences, are responsible for your use of the images. You acknowledge and agree that any misuse of the images or breach of this Agreement will cause Pacific Biosciences irreparable harm. Pacific Biosciences is either an owner or licensee of the image, and not an agent for the owner. You agree to give Pacific Biosciences a credit line as follows: "Courtesy of Pacific Biosciences of California, Inc., Menlo Park, CA, USA" and also include any other credits or acknowledgments noted by Pacific Biosciences. You must include any copyright notice originally included with the images on all copies.

IMAGES ARE PROVIDED BY Pacific Biosciences ON AN "AS-IS" BASIS. Pacific Biosciences DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, OWNERSHIP, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL Pacific Biosciences BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE IMAGES.

You agree that Pacific Biosciences may terminate your access to and use of the images located on the PacificBiosciences.com website at any time and without prior notice, if it considers you to have violated any of the terms of this Image Use Agreement. You agree to indemnify, defend and hold harmless Pacific Biosciences, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of the terms of this Image Use Agreement or Pacific Biosciences' termination of your access to or use of the Site. Termination will not affect Pacific Biosciences' rights or your obligations which accrued before the termination.

I have read and understand, and agree to, the Image Usage Agreement.

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Software End User License Agreement
Other Software Notices, Terms, Conditions, and Use Restrictions

1. DEFINITIONS AND RELATED MATTERS

1.1. “Buyer” means the purchaser.

1.2 “PacBio” means Pacific Biosciences of California, Inc. or its subsidiary identified on the applicable Quotation(s).

1.3 “Product” means each item, including any PacBio Instrument, Licensed Software and/or PacBio Consumable, listed in the applicable written sales quotation issued by PacBio (“Quotation”) or, in the event a Quotation is not issued, listed in PacBio’s then-current price list applicable to Buyer’s jurisdiction, and identified in Buyer’s purchase order.

1.4 “PacBio Instrument” means a PacBio-branded instrument (including any PacBio® RS/RS II or Sequel™ sequencing instrument).

1.5 “PacBio Consumables” means PacBio SMRT® Cells and/or associated PacBio-branded reagent kits, and labware intended by PacBio for use with PacBio Instruments.

1.6 “Licensed Software” means the (i) PacBio Instrument operating system software and firmware, including PacBio Instrument control, data collection and the PacBio Instrument’s touch screen user interface (“O/S Software”), (ii) PacBio primary analysis software, including signal processing, base calling and quality assessment functions (“Primary Analysis Software”), and (iii) the software included with the RS Insight or Sequel Insight (as applicable) service feature, in each case provided by PacBio to Buyer pre-installed on, and/or on DVD or other media delivered with, a PacBio Instrument, and/or made available by PacBio for download, in object code or executable form only.

1.7 “Documentation” means the user documentation accompanying, or provided by PacBio regarding or for use in connection with, a Product or related service.

1.8 “Quotation” means the applicable written sales quotation issued by PacBio.

1.9 “Terms” means the PacBio Terms and Conditions of Sale applicable to the sale by PacBio and purchase by Buyer of the Product(s) and/or related services. Please refer to the applicable Quotation(s) (if any) or to http://www.pacb.com/legal-and-trademarks/terms-and-conditions-of-sale/.

1.10 “Buyer’s Terms” means any terms and conditions (other than the Terms) contained in, or incorporated by reference into, Buyer’s order.

2. PRODUCT LICENSE AND USE RESTRICTIONS

2.1 Limited License. Subject to the Terms, and to all applicable limited licenses, end user license agreements, notices, terms, conditions and/or use restrictions listed (by full text, URL or hyperlink) (i) on any Product packaging, label or insert, (ii) in the Licensed Software or any Documentation, or (iii) on PacBio’s website at http://www.pacb.com/legal-and-trademarks/product-license-and-use-restrictions/, PacBio grants to Buyer a non-exclusive, non-transferable, non-sublicensable license to use the Product(s) sold and/or licensed to Buyer by PacBio or its authorized distributor only in accordance with the applicable, then-current Documentation and only to the extent that the PacBio Instrument(s), Licensed Software and PacBio Consumables (including PacBio-supplied template preparation kits, DNA polymerization binding kits and sequencing consumables, including sequencing kits and PacBio SMRT Cells) are all used together, except as otherwise specifically approved in writing by an authorized PacBio representative. Buyer is also authorized to use, in connection with the Product(s) sold and/or licensed to Buyer by PacBio or its authorized distributor, standard laboratory reagents, tools and equipment ancillary to the use of such Product(s), as provided in the applicable, then-current Documentation, and to conduct library preparation and sample labeling protocols utilized by Buyer, in connection with Buyer’s use of such Product(s), provided that the foregoing shall not be construed as granting, by implication, estoppel, reliance or otherwise, any right, license or authorization to Buyer with regard to such reagents, tools, equipment or protocols per se. No other right, license or authorization is granted, by implication, estoppel, reliance or otherwise, or under any theory of exhaustion of intellectual property rights.

2.2 Certain Use Restrictions. Each Product is also subject to the following terms, conditions, and restrictions, to which Buyer hereby agrees: (a) except as otherwise provided in the applicable, thencurrent Documentation, each Product may be used only with other Products; and (b) PacBio Consumables are licensed for SINGLE USE ONLY and MAY NOT BE REUSED. Buyer is not licensed or authorized to, and agrees not to: (i) use any PacBio Consumable more than once, (ii) transfer (including but not limited to resell, donate, or loan) any PacBio Consumable to any third party; or (iii) adapt, modify or reverse engineer any Product. Documentation is proprietary to PacBio and may only be used in connection with the associated Product(s). For clarity, and subject to the Terms, Buyer shall not be deemed to have transferred any PacBio Consumable, or transferred or granted a sub-license under the license in Section 2.1 above, in violation of the Terms to the limited extent that Buyer permits access to and proper use of the Products (as otherwise permitted herein) at Buyer’s premises by a visiting scientist pursuant to Buyer’s bona fide research collaboration with such scientist’s employer. All license restrictions specified in this Section 2 or in the Terms shall apply to the maximum extent permissible under applicable law. If Buyer believes that it has additional rights or the right to act contrary to the express license restrictions specified herein under mandatory laws (including, without limitation, national laws implementing Directive 91/250/EEC and similar laws), Buyer must provide PacBio with at least thirty (30) days prior written notice and any reasonably requested information before exercising such rights, to allow PacBio to offer alternatives at PacBio’s sole discretion.

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