Common use of Apps; Third Party Content; Software Clause in Contracts

Apps; Third Party Content; Software. (i) The Subject Service may include access to software, services, and applications offered by Illumina or third parties (“App(s)”) (e.g., a data analysis application). It is Customer’s choice to use an App, and each App used by the Customer will be part of the Subject Service for this Agreement and subject to the terms of this Agreement. The Apps may require that Data be transmitted, processed, or stored outside of the Subject Service. Customer understands and agrees that Apps may have different or additional terms of use and privacy policies that apply from those that apply to the Subject Service, and Customer must accept any such different or additional terms in order to use such Apps. In the event Illumina is aware an App will no longer be available through the Subject Service, Illumina shall use commercially reasonable efforts to provide prior notice of such non-availability, which notice may be provided by means of posting on the Subject Service user interface. (ii) Illumina is not responsible for the content of any third party links, websites, or resources referenced, including without limitation, third party Apps, during Customer’s use of the Subject Service. (iii) Customer may have access to, use, and/or download software or code, other than Apps, when using Subject Service (e.g., automatic downloads, code used in Customer’s browser, etc.), which will constitute Software subject to the terms of the Agreement. Some Software may be provided by a third party and that third party may require Customer to agree to terms of use or license terms applicable to their software. Customer must agree to such terms of use or license in order to use such third party Software.