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HiSeq 2500 System User Guide

c Exclusions from Warranty Coverage. The foregoing warranties do not apply to the extent a non-conformance is

due to (i) abuse, misuse, neglect, negligence, accident, improper storage, or use contrary to the Documentation or

Specifications, (ii) improper handling, installation, maintenance, or repair (other than if performed by Illumina's

personnel), (iii) unauthorized alterations, (iv) Force Majeure events, or (v) use with a third party's good not provided

by Illumina (unless the Product's Documentation or Specifications expressly state such third party's good is for use

with the Product).

d Procedure for Warranty Coverage. In order to be eligible for repair or replacement under this warranty Purchaser

must (i) promptly contact Illumina's support department to report the non-conformance, (ii) cooperate with Illumina

in confirming or diagnosing the non-conformance, and (iii) return this Product, transportation charges prepaid to

Illumina following Illumina's instructions or, if agreed by Illumina and Purchaser, grant Illumina's authorized repair

personnel access to this Product in order to confirm the non-conformance and make repairs.

e Sole Remedy under Warranty. Illumina will, at its option, repair or replace non-conforming Product that it

confirms is covered by this warranty. Repaired or replaced Consumables come with a 30-day warranty. Hardware

may be repaired or replaced with functionally equivalent, reconditioned, or new Hardware or components (if only a

component of Hardware is non-conforming). If the Hardware is replaced in its entirety, the warranty period for the

replacement is 90 days from the date of shipment or the remaining period on the original Hardware warranty,

whichever is shorter. If only a component is being repaired or replaced, the warranty period for such component is

90 days from the date of shipment or the remaining period on the original Hardware warranty, whichever ends later.

The preceding states Purchaser's sole remedy and Illumina's sole obligations under the warranty provided

hereunder.

f Third-Party Goods and Warranty. Illumina has no warranty obligations with respect to any goods originating

from a third party and supplied to Purchaser hereunder. Third-party goods are those that are labeled or branded

with a third-party's name. The warranty for third-party goods, if any, is provided by the original manufacturer.

Upon written request Illumina will attempt to pass through any such warranty to Purchaser.

9 Indemnification.

a Infringement Indemnification by Illumina. Subject to these terms and conditions, including without limitation,

the Exclusions to Illumina's Indemnification Obligations (Section 9(b) below), the Conditions to Indemnification

Obligations (Section 9(d) below), Illumina shall (i) defend, indemnify and hold harmless Purchaser against any

third-party claim or action alleging that this Product when used for research use purposes, in accordance with these

terms and conditions, and in accordance with this Product's Documentation and Specifications infringes the valid

and enforceable intellectual property rights of a third party, and (ii) pay all settlements entered into, and all final

judgments and costs (including reasonable attorneys' fees) awarded against Purchaser in connection with such

infringement claim. If this Product or any part thereof, becomes, or in Illumina's opinion may become, the subject of

an infringement claim, Illumina shall have the right, at its option, to (A) procure for Purchaser the right to continue

using this Product, (B) modify or replace this Product with a substantially equivalent non-infringing substitute, or

Purchaser with respect this Product and refund to Purchaser the depreciated value (as shown in Purchaser's official

records) of the returned Product at the time of such return; provided that, no refund will be given for used-up or

expired Consumables. This Section states the entire liability of Illumina for any infringement of third party

intellectual property rights.

b Exclusions to Illumina Indemnification Obligations. Illumina has no obligation to defend, indemnify or hold

harmless Purchaser for any Illumina Infringement Claim to the extent such infringement arises from: (i) the use of

this Product in any manner or for any purpose outside the scope of research use purposes, (ii) the use of this Product

in any manner not in accordance with its Specifications, its Documentation, the rights expressly granted to Purchaser

hereunder, or any breach by Purchaser of these terms and conditions, (iii) the use of this Product in combination

with any other products, materials, or services not supplied by Illumina, (iv) the use of this Product to perform any

assay or other process not supplied by Illumina, or (v) Illumina's compliance with specifications or instructions for

this Product furnished by, or on behalf of, Purchaser (each of (i) – (v), is referred to as an "Excluded Claim").

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