Product Use and Restrictions for Sars. CoV-2 Genome Services. Customer may request that Telesis Bio perform a project pursuant to which Telesis Bio shall construct and/or modify a Sars-CoV-2 genome, including genome variants or custom RNA controls (collectively, the “Sars-CoV-2 genome Services”). Before commencing any such project, Customer shall complete a biosecurity screening form describing Customer’s planned use of the services product and any potential collaborators on its project. After performing biosecurity screening of customer’s proposed project per International Gene Synthesis Consortium (IGSC) requirements, Telesis Bio will prepare a written quotation or statement of work (a “Quotation”) describing the Sars-CoV-2 genome Services to be performed by Telesis Bio, the fees, and the projected timeline. Customer must adhere strictly to the intended uses described by Customer on the biosecurity screening form that Customer submitted. Customer shall provide any information and/or materials identified in a Quotation or otherwise reasonably required in order for Telesis Bio to perform the Sars-CoV-2 Genome Services, including, without limitation, any data, designs, programs, specifications, management decisions, approvals, access to systems, feedback, biological materials and chemical materials (collectively “Customer Materials”). Telesis Bio shall use Customer Materials solely to perform the Sars-CoV-2 Genome Services. Without prior authorization of Telesis Bio, Customer may not make modifications to the Sars-CoV-2 genome services product or RNA controls received and may not use such products for applications that have not been reviewed by Telesis Bio. Customer retains all rights, title and interest in and to the Customer Materials, except Telesis Bio has the limited right to use the Customer Materials solely for the purpose of performing Sars-CoV-2 Genome Services under this Agreement. Telesis Bio shall not transfer or distribute any of the Customer Materials to any third party except as otherwise expressly authorized in writing by Customer or permitted under the Terms and any Quotation. Unless otherwise expressly stated in a written agreement between the parties, any use rights for the Sars-CoV-2 Genome Service product conveyed to Customer are non-exclusive. Telesis Bio shall retain the right to use the Sars-CoV-2 Genome Service product and commercialize the same or similar product for itself or for other parties, commercialize the same or similar product in its catalogue or as a service,...
