Affymetrix data user agreement

AFFYMETRIX, INC. LIMITED LICENSE AGREEMENT

IMPORTANT - PLEASE READ CAREFULLY: This 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 in this data distribution set
("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).  If you do not agree to the terms of this
Agreement, do not use the Information.

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 the ordinary course of your normal internal
and academic research. The Information is made available by Affymetrix
to you for your internal and academic 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 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. The
Information is 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. 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. You agree not
to use the Information for any purpose not expressly permitted in this
Agreement and to take all reasonable precautions, but in no event less
than reasonable precautions, to protect the Information against
unauthorized use, copying, publication, disclosure or distribution, in
whole or in part, in any form.

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.