10x Genomics

Terms of Use

10x Genomics, Inc. (“10x”) provides you with access to and use of 10x’s website (“Site”) and the content included therein. Your access and use of the Site is at all times 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 to those provided below. The Terms are subject to change without notice, and your use of the Site will indicate your agreement to be bound by the Terms then provided in this section of the Site. Please read these terms regularly upon accessing the Site to understand the current Terms. If you do not wish to be bound by these Terms, please exit this Site immediately.

  1. General Terms of Use

    1. 10x hereby grants you a limited, non-exclusive license to use the contents of this Site, including but not limited to all text, data, graphics, software, video, and animation contained on the Site (collectively “Content”), solely for the purpose of obtaining information about 10x, its products and services (“Purpose”), and all other uses are expressly prohibited.

    2. You may not copy, display, distribute or modify any Content of the Site without the express written consent of 10x. Notwithstanding the foregoing, you may download Content from the Site to any single computer solely for the Purpose described above, and provided that you maintain all copyright, trademark and other legal notices intact, and comply with any additional terms and conditions that may apply to such Content, including without limitation, any applicable end-user license agreements.

    3. 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. “10x”, “10x Genomics” and “Changing the Definition of Sequencing” are trademarks of 10x. 10x trademarks are the sole property of 10x, and are subject to legal protection in the United States and/or certain other countries. All other trademarks are the sole property of their respective owners. Except for the limited license provided above, no right or license is granted or implied to use any copyrighted Content or trademarks (registered or unregistered) of 10x or any third party. The use of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of federal or other applicable laws. 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 10x, and any and all implied licenses under any such patents are expressly disclaimed

    4. 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 upon or underlying the operation of the Site; (3) delete or alter in any way any Content on the Site; (4) post any unlawful, indecent, 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. 10x reserves the right under these Terms and 10x 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 10x.

    5. 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.

    6. Except as expressly provided elsewhere herein, on the Site, or in a separate written agreement with 10x, any information, feedback, comments or other submissions made to 10x 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 10x, and that any information, feedback, comments or other submissions submitted to 10x shall become the property of 10x.

  2. Cloud Services Terms of Use

    1. This Section 2 applies to the online tools and services provided by 10x for storing, analyzing or otherwise processing sequence information or other biological data (collectively, “10x Genomics Cloud Services”). 10x Genomics Cloud Services include, but are not limited to 10x Genomics Cloud Analysis and Custom Panel Designer. These Cloud Services Terms of Use are in addition to the General Terms of Use for the Site set forth above and the 10x Privacy Policy. In the event of any conflict between this Section and Section 1 above, this Section shall control with respect to the 10x Genomics Cloud Services.

    2. Use of the 10x Genomics Cloud Services may require you to register for a user account. Any personal information submitted to 10x in connection with such registration is governed by the 10x Privacy Policy. You agree to not transfer or otherwise provide access to your account to any third party.

    3. Some features of the 10x Genomics Cloud Services, such as access to download, analyze, or store data in excess of the limits available to a free account, may be subject to a fee (“Paid Services”). If you elect to use a Paid Service, you agree to pay the associated fees for such Service until cancellation. Fees will not be refunded except where required by applicable law. You are responsible for all applicable taxes on such fees. 10x may change the applicable fees for Paid Services at any time, but 10x will provide you with advance written notice of such changes by notifying you via the contact details associated with your user account. If you do not timely pay any fees due for Paid Services provided to your user account, 10x has the right to terminate or suspend your account and/or your access to the Paid Services.

    4. The 10x Genomics Cloud Services may allow or require you to select, input, upload or otherwise provide information or data to utilize the 10x Genomics Cloud Services (“User Data”). You represent and warrant that you have all rights necessary to provide any such User Data to 10x and grant to 10x the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the User Data, and any results, data or other material generated by the 10x Genomics Cloud Services using the User Data (“User Results”), in each case to provide the 10x Genomics Cloud Services in accordance with these Terms and as set forth in the 10x Privacy Policy. You remain responsible at all times for (a) your use of the 10x Genomics Cloud Services and (b) all User Data and User Results. 10x does not guarantee storage of the User Data and User Results within the 10x Genomics Cloud Services, and you are responsible for creating backup copies of any User Data or User Results provided by the 10x Genomics Cloud Services.

    5. Your license to use the 10x Genomics Cloud Services is solely for use in connection with use of 10x instruments, cartridges, reagent kits and other products in accordance with the applicable documentation for such 10x product. Your license under the Terms does not include any right to (i) transfer (including but not limited to resell, donate or loan) your license to use the 10x Genomics Cloud Services or any component thereof to any third party; (ii) adapt, modify or reverse engineer the 10x Genomics Cloud Services or any component thereof; (iii) without the express written consent of 10x, provide a fee-for-service or other non-collaborative service to third parties using the 10x Genomics Cloud Services (e.g., wherein the service provider offers standardized services for standardized fees to multiple third parties, the customer does not contribute scientifically to the services performed, and all rights to the results and discoveries derived therefrom are transferred to the customer); (iv) use the 10x Genomics Cloud Services in any manner that violates applicable laws or regulations, including without limitation laws and regulations governing the protection of personal health information; (v) interfere with or disrupt the integrity or performance of the 10x Genomics Cloud Services or third-party data contained therein; (vi) access the 10x Genomics Cloud Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes, or (vii) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the 10x Genomics Cloud Services or any component thereof, in whole or in part. All license restrictions specified in this Paragraph 4 or in the Terms shall apply to the maximum extent permissible under applicable law. If you believe that you have 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), you must provide 10x with at least thirty (30) days prior written notice and any reasonably requested information before exercising such rights, to allow 10x to offer alternatives at 10x’s sole discretion.

    6. The 10x Genomics Cloud Services may be updated by 10x from time to time without prior notice to you, including but not limited to the addition, removal or suspension of features and changes to the form or nature of the 10x Genomics Cloud Services.

  3. Disclaimer of Warranties and Limitation of Liability

    1. 10x 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, 10x 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. 10x 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.

    2. Your access to and use of the Site and its Content is at your own risk, and 10x, its officers, directors, employees, agents, contractors and affiliates 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 and use of the Site, whether such damages arise under tort (including negligence), contract, or any other theory of liability.

    3. This Site is operated by 10x Genomics, Inc., from its headquarters in Pleasanton, California, U.S.A., and 10x 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 risk, and you represent and warrant that you are in compliance with all laws and regulations of the jurisdiction from which you are accessing the Site.

    4. In addition to the foregoing, and to the extent permitted by law, 10x 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 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.

  4. Hyperlinks to or from the Site

    1. Linking from 10x’s 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 10x with respect to such third party or such third party’s website or the content thereof. 10x makes no representations or warranties connected with your access to or use of such third party websites or the content included on such third party websites. Without limiting the foregoing, 10x assumes no liability for any damages arising out of your access to or 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 10x 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 10x arising out of your access to and use of the third party website(s).

    2. Linking to 10x’s 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 10x’s 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 10x, or any sponsorship, endorsement, approval or recommendation of you or your organization by 10x, without the express written approval of 10x. Any permitted link to this Site must clearly identify 10x as the owner of this Site. 10x reserves the right to redirect (to any page it chooses) or block any links to the Site.

    3. Forward Looking Statement All statements in the Site that are not historical are “forward-looking statements” within the meaning of Section 21E of the Securities Exchange Act as amended. Forward-looking statements may involve substantial risks and uncertainties. These statements may contain words such as “believe,” “will,” “may,” “estimate,” “anticipate,” “continue,” “intend,” “expect,” “plan,” the negative of these terms, or other similar expressions. You should consider these forward-looking statements carefully because they may include statements regarding our future expectations or projections about future events. Any expectations based on these forward-looking statements are subject to risks and uncertainties and other important factors, including those discussed from time to time in documents we may file or have filed with the Securities and Exchange Commission. Actual results may differ materially from the results expressed or implied by the forward-looking statements. You are cautioned that forward-looking statements are not guarantees of future performance. We undertake no obligation to update these forward-looking statements over time.

  5. Procedure for Making Claims of Copyright Infringement. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), 10x is registered with the United States Copyright Office as a Service Provider. Any notifications of claimed copyright infringement must be sent to our Legal Department:

    General Counsel
    10x Genomics, Inc.
    6230 Stoneridge Mall Road
    Pleasanton, CA 94588-3260
    Tel. (925) 401-7300
    [email protected]

    10x respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide 10x’s General Counsel with the following information:

    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

    2. A description of the copyrighted work that you claim has been infringed;

    3. A description of where the material that you claim is infringing is located on the Site;

    4. Your address, telephone number, and email address;

    5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

    6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

  6. Indemnification. You agree to defend, indemnify, and hold harmless 10x, its officers, directors, employees, agents, contractors and affiliates, from and against any claims, actions, demands or suits, including, without limitation, reasonable attorneys’ fees, arising from your access to and use of the Site and Content, or any other breach of the Terms.

  7. 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 Alameda, 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.

  8. Termination. 10x 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.