EMEDGENE SOFTWARE TERMS OF SERVICE (“AGREEMENT”)
PLEASE READ THE FOLLOWING LEGALLY BINDING TERMS CAREFULLY BEFORE USING OR ACCESSING THE SERVICE(AS DEFINED BELOW). THIS AGREEMENT SHALL APPLY TO ANY QUOTE, ORDER, ORDER ACKNOWLEDGEMENT,AND INVOICE REFERENCING THE SERVICE, AND ANY LICENSE OR DELIVERY OF THE SERVICE BY EMEDGENE OR ITSAFFILIATE. BY SELECTING THE ACCEPT OPTION, OR OTHERWISE ACCESSING OR USING THE SERVICE (AS DEFINEDHEREIN), YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE
BOUND BY ITS TERMS AND THE TERMS OF THE ILLUMINA CORPORATE PRIVACY POLICY.
EMEDGENE IS WILLING TO PROVIDE ACCESS TO THE EMEDGENE SOFTWARE SERVICE (“SERVICE”) ONLY ON THE
CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE
TO THESE TERMS, EMEDGENE IS UNWILLING TO GRANT YOU ACCESS TO THE SERVICE. THE TERM “YOU” AND “YOUR”
REFERS COLLECTIVELY TO YOU, THE USER ACCEPTING THIS AGREEMENT AND THE ENTITY THAT YOU REPRESENT.
“EMEDGENE” MEANS EMEDGENE TECHNOLOGIES LTD. OR ANY OTHER AFFILIATE THROUGH WHICH YOU OBTAINACCESS TO THE SERVICE. THIS AGREEMENT IS EFFECTIVE AS OF THE DATE YOU CLICK TO ACCEPT THE AGREEMENT(“EFFECTIVE DATE”). IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT AND
WARRANT THAT: (i) YOU HAVE FULL LEGAL AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT; (ii) YOU HAVEREAD AND UNDERSTAND THIS AGREEMENT; AND (iii) YOU AGREE, ON BEHALF OF SUCH ENTITY, TO THISAGREEMENT. IF YOU DO NOT HAVE THE LEGAL AUTHORITY TO BIND SUCH ENTITY, PLEASE DO NOT CLICK THE
ACCEPT OPTION.
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ACCESS TO SERVICE.
Service Use. Subject to the terms and conditions of this Agreement and Your payment of all applicable fees,
during the Term, Emedgene will provide the Service in accordance with this Agreement, and You may (i)access and use the Service as provided herein solely to upload, analyze, and create reports; and (ii) use thereports and analysis generated through the Service (“Results”) solely for Your Research Use. “Research Use”
means use for Your internal research, specifically excluding any use that (a) requires new grants of rights or a
new license to any Illumina-owned intellectual property rights, (b) is the separation, extraction, or isolationof the Processes (as defined below) or other unauthorized analysis of the Service, or (c) gains access to or
determines the Processes or the methods of operation of the Service. For the avoidance of doubt, You haveno rights to download or modify the Service or any information, component or data therein. You understandthat Emedgene may update the Service at any time but in doing so, incurs no obligation to furnish such
updates to You pursuant to this Agreement. Notwithstanding anything to the contrary herein, all rights not
specifically granted in this Section 1(a) shall be reserved and remain always with Emedgene. You will
undertake that You will use the Service only in strict compliance with all applicable laws, rules and regulationsin the jurisdiction in which You and any sample provider are located and, if the Service is being used as partof a clinical study or for research purposes, in strict compliance with the protocol of such study approved by
the applicable institutional review board / ethics committee.
RESTRICTIONS. The right to access herein specifically excludes any sublicense or resale rights to the Service
or to its content, including, but not limited to, any Results; any derivative use of the Service or its contents;
or any use of data mining, robots, or similar data gathering and extraction tools with the Service. Except as
expressly permitted in Section 1, You specifically agree not to: (i) sub-license, rent, sell, lease, distribute orotherwise transfer the Service or any part thereof or use of the Service, or allow the Service to be used, fortimesharing or service bureau purposes or otherwise use or allow others to use for the benefit of any third
party; (ii) attempt to reverse engineer, decompile, disassemble, or attempt to derive the source code orunderlying ideas or algorithms of the Service or any portion thereof, except as required to be permitted byapplicable law; (iii) modify, port, translate, localize or create derivative works of the Service and/or the
Results; (iv) use the Service (or information generated from the use of the Service) that is either prohibitedby applicable law or regulation, or contrary to ethical guidelines promulgated by established national andinternational ethics bodies; (v) use the Service negligently or intentionally or willfully propagate any virus,

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worms, Trojan horses or other programming routine intended to damage any system or data; (vi) transmit orprovide access to the Service save as provided in this Agreement; (vii) remove or modify any
acknowledgements, credits or legal notices contained on the Service or any part thereof; (viii) collect any
information from or through the Service using any automated means (other than Emedgene approved APIs),
including without limitation any script, spider, “screen scraping,” or “database scraping” application or gain
or attempt to gain unpermitted access by any means to any Emedgene computer system, network, or
database; and/or (ix) file copyright or patent applications that include the Service or any portion thereof.
Free Trial. If You are a new customer of the Service, You may receive limited, free trial access to the Service(“Free Trial”), subject to the terms and conditions of this Agreement, before submitting an order forpurchasing access to the Service. During the Free Trial Period (defined below), You may upload up to five (5)trios of non-patient sample data only (up to fifteen (15) total genomes) (“Trial Data”), or up to the maximum
Trial Data specified in your no-fee quotation, and You may exercise the rights granted in Section 1(a) solely
for the purpose of uploading, analyzing, and creating reports using the Trial Data, and not any other Data. At
any time during the Free Trial Period, You may purchase access to the Service by placing an order with
Illumina. Your continued use of the Service following the Free Trial is subject to the terms and conditions of
this Agreement. Illumina reserves the right to delete the Trial Data following the Free Trial to the extent that
You do not purchase a paid subscription to the Services within seven (7) days following the end of the Free
Trial period. NOTWITHSTANDING ANYTHING TO THE CONTRARY THIS AGREEMENT, TO THE EXTENTPERMITTED BY APPLICABLE LAW, ILLUMINA DOES NOT PROVIDE ANY WARRANTY, SUPPORT OR
INDEMNIFICATION OF ANY KIND WITH RESPECT TO THE SERVICES FOR THE FREE TRIAL.
THIRD PARTY CONTENT; THIRD PARTY PROGRAMS.
“Third Party Content” means any content within the Service that is either provided by third parties, or madeavailable on third party websites and linked to or otherwise used in connection with the Service. You
acknowledge that all of the intellectual property rights in the Third Party Content is owned by the third party
who created and/or provided such Third Party Content. You are not authorized under this Agreement to usethat Third Party Content except as expressly permitted. Any rights You have in the Third Party Content ofothers must be agreed upon by You and the owner of such Third Party Content.
You represent and warrant that, except for Third Party Content that is in the public domain, You will not (i)use, reproduce, make, have made, sell, offer for sale, import, modify, publish, transmit, distribute, publicly
perform or display, sell, disclose to any third party, or create derivative works based on the Third Party
Content, or (ii) decompile or reverse engineer any Third Party Content, without the prior written consent of
the owner of such Third Party Content and without correct and complete attribution to the owner and/or
author of such Third Party Content or to any other sources of such Third Party Content as may be appropriate.
You acknowledge and agree that, although Emedgene may periodically screen, modify, refuse, or remove
certain Third Party Content, (i) Emedgene is not responsible for any such Third Party Content, (ii) Emedgene
makes no guarantees about the accuracy, currency, suitability, or quality of the information in such Third
Party Content, and (iii) Emedgene assumes no responsibility for any unintended, objectionable, inaccurate,
misleading, or unlawful Third Party Content made available by other users and third parties.
Providers of Third Party Content made available through or in connection with the Service may require Youragreement to additional or different license or other terms prior to Your use of or access to such Third Party
Content. The scope of any rights that You may have with respect to Third Party Content that You accessthrough the Service, as well as the scope of any rights that You grant to any third party with respect toSubmissions by You, must be defined and governed by an agreement between You and such third party andnot between Emedgene and You, or Emedgene and such third party. You agree that Emedgene will not be
responsible for any loss or damage incurred as the result of Your dealings with any Third Party Content owner.
Third Party Programs. The Product may contain third party software for which Emedgene is required toprovide attribution (“Third Party Programs”). Some of the Third Party Programs are available under open
source or free software licenses. This Agreement does not alter any rights or obligations you may have underthose open source or free software licenses.
FEES AND PAYMENT; MONITORING. Any fees payable by You to Emedgene for access to the Service will bepayable within 30 days of invoice or receipt of a quotation from Emedgene. Your access to the Service will be
automatically renewed on the same terms of Your last quotation for the Service provided by Emedgene, andEmedgene shall invoice you for the applicable fees for any renewal. If You do not pay all applicable fees within

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30 days of invoice, your access to the Service may be suspended in Emedgene’s sole discretion. If You do not
pay all applicable fees within 90 days of invoice, Your access to the Service may be terminated in Emedgene’ssole discretion. The total number of interpretations performed by the Service is determined by the level ofaccess purchased or otherwise obtained by You. Additional services and functionality accessed by You
through the Service, including without limitation additional storage and computation functionality, may besubject to additional fees, which fees shall be payable to Emedgene in accordance with payment terms set
forth by Emedgene.
OWNERSHIP. The Service is and shall remain proprietary material of Emedgene and/or its suppliers.
Emedgene and/or its suppliers shall retain ownership of all patents, copyrights, trademarks, trade names,
trade secrets, and other intellectual property rights in the Service and any components thereof. Except for
the limited right of access as provided in Section 1, You shall have no right, title, or interest in or to the Service.
The Service may employ among other things, (i) certain confidential and proprietary processes for intuitiveand intelligent annotation, filtering, or other processes (collectively, “Processes”); and (ii) query-level accessto annotations or filtering. You agree to inform Emedgene promptly of any infringement or other improper
action with respect to the Emedgene intellectual property that comes to Your attention.
ACCESS TO SERVICE. You are solely responsible for obtaining, installing and maintaining Your own internal
equipment and communications services necessary to access and use the Service. You shall be solely
responsible for any telephone charges, Internet access fees, and other such similar fees and expenses
incurred by You through the access to and use of the Service. Emedgene makes no guarantee that the Service
will be available to You at any given time, and reserves the right to add to, modify, or reduce the scope offeatures of the Service at any time.
NO WARRANTY.
WARRANTY DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMEDGENE AND ITS
SUPPLIERS MAKE NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICE OR
SOFTWARE PROVIDED IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY IMPLIEDWARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISINGFROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY EMEDGENE, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL CREATE ANY
NEW WARRANTIES. EMEDGENE DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE WILL BE ERRORFREE OR UNINTERRUPTED. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS NOT INTENDED BY
EMEDGENE, AND HAS NOT BEEN DESIGNED BY EMEDGENE, TO BE USED FOR PATIENT CARE PURPOSES,INCLUDING WITHOUT LIMITATION, USE IN DIAGNOSING OR TREATING PATIENTS.
INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT INDEMNIFICATION.
Emedgene Indemnity. Subject to the terms and conditions of this Agreement, Emedgene will defend,
indemnify, and hold You harmless against all liabilities, damages, and costs (including settlement costs andreasonable attorneys’ fees) arising out of a third party claim that the Service, when used in accordance withthis Agreement, and in accordance with the Documentation and Specifications, infringes the valid andenforceable intellectual property rights of a third party. Emedgene’s indemnification obligations areconditioned upon You (i) promptly notifying Emedgene in writing of such claim or action, (ii) giving Emedgene
exclusive control and authority over the defense and settlement of such claim or action, (iii) not admitting
infringement of any intellectual property right without prior written consent of Emedgene, (iv) not entering
into any settlement or compromise of any such claim or action without Emedgene’s prior written consent,and (v) providing reasonable assistance to Emedgene in the defense of the claim or action; provided that
Emedgene reimburses You for Your reasonable out-of-pocket expenses incurred in providing such assistance.
You shall be obliged to mitigate Your losses insofar as is reasonable in the circumstances.
Exclusions. Emedgene’s indemnification obligations set forth in Section 8(a) do not apply to the extent a third
party claim is caused by, or arises from Your (or Your agent’s): (i) use of the Service in any manner or for any
purpose inconsistent with this Agreement, (ii) use of the Service in any manner not in accordance with theDocumentation or Specifications, (iii) use of the Service in combination with any other products, software,materials, or services not supplied by Emedgene, (iv) use of the Service to perform any assay or other process
not supplied by Emedgene, (v) Emedgene’s compliance with specifications or instructions furnished by, or on
behalf of, You, (vi) Your breach of any of the terms and conditions of this Agreement, (vii) use of stand-alone
third party goods, software, or services that may be acquired or used with the Service, (viii) use of the Service

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in any manner or for any purpose that requires rights to third party intellectual property, (ix) continued
allegedly infringing activity after being notified thereof and being provided with modifications that would
have avoided the alleged infringement, or (x) unauthorized modification of the Service.
Remedies. If the Service or any part thereof, becomes, or Emedgene reasonably believes may become, thesubject of an infringement claim, Emedgene will have the right, at its option, to (i) procure for You the rightto continue using the Service, (ii) modify or replace the Service with a substantially equivalent non-infringing
substitute, or (iii) terminate the rights, license, and any other permissions provided to You with respect to theService and refund to you a pro-rata amount of the fees paid by You to Emedgene for access to the Service
through the date a third party claim occurs for the allegedly infringing Service.
THIS SECTION 7IS A COMPLETE STATEMENT OF YOUR REMEDIES FOR THIRD PARTY CLAIMS FORINFRINGEMENT AS DESCRIBED IN SECTION 7.1 AND STATES THE ENTIRE LIABILITY OF EMEDGENE FOR ANY
SUCH INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
YOUR DATA; UNDERTAKINGS. You shall own all right, title and interest in and to the Data. “Data” means all
information, files, or data that is uploaded by You, provided by You, and stored by You through Your use of
the Service, and/or created within the Service, or otherwise created as a result of Your use of the Service,including the Results (which, for the avoidance of doubt, may include log/metadata collection, as well as any
genomic information generated by sequencing instruments and further analysis or processing conducted onsuch information). You hereby grant to Emedgene and its affiliates a non-exclusive, fully paid-up, royalty-free,worldwide, irrevocable, perpetual right and license, with the right to sublicense, to use the Data (i) to provide
the Service (which may include providing technical support services), (ii) to provide analysis and reporting to
You through the Service; (iii) to collect and retain non-personally identifiable statistical data for use byEmedgene for its commercial purposes; and (iv) in accordance with the use described in the Illumina
Corporate Privacy Policy. In the event that Emedgene needs to access the Data to provide reporting, respondto any technical problems, queries, or requests from You, You shall ensure that Emedgene is permitted to do
so in accordance with applicable laws, regulations and international accords, treaties, or accords including,
without limitation, applicable data privacy laws. You hereby additionally grant to Emedgene and its affiliates
a non-exclusive, fully paid-up, royalty-free, worldwide, irrevocable, perpetual right and license, with the rightto sublicense, to use in any manner suggestions, ideas, or comments provided by You related to the Service,or any part or use thereof.
YOUR SECURITY OBLIGATIONS. In using the Service, You (and not Emedgene) shall be responsible forestablishing, monitoring, and implementing security practices to control the physical access to and use of theService and all Data therein in accordance with Your own security policies and procedures, and ensuring theadequacy of anti-virus software. You shall also be responsible for installing customer-installable firmware
updates and patches which may be required to address a vulnerability or security flaw. You will take allreasonable precautions and security measures to prevent unauthorized use of the Service or Data, including
the use of any encryption keys or encrypted storage, retrieval and transmission as may be available for use
with the Service. While Emedgene uses industry standard security, no system can perfectly guard against
risks of intentional or inadvertent disclosure of information. When using the Service, information will betransmitted over a medium that is beyond the control of Emedgene. Accordingly, You agree that You assume
the risk for, and You (and not Emedgene) are not responsible for, any inability to access the Data, the loss or
corruption of Data, or for any unauthorized use or access of the Data as a result of Your use of the Service,
and Emedgene has no liability to You in connection with such inability to access the Data, the loss, or
corruption of Data, or for any unauthorized use or access of the Data as a result of Your use of the Service.
DATA DISCLAIMER; INDEMNITY. YOU EXPRESSLY RECOGNIZE THAT EMEDGENE DOES NOT CREATE OR
ENDORSE ANY DATA PROCESSED BY OR USED IN CONJUNCTION WITH THE SERVICE PROVIDED HEREUNDER.
IT IS YOUR RESPONSIBILITY TO ENSURE YOU HAVE OBTAINED ALL NECESSARY PERMISSIONS (INCLUDING,WITHOUT LIMITATION, ALL CONSENTS FROM HUMAN SUBJECTS) TO USE AND TRANSMIT THE DATA ON OR
THROUGH THE SERVICE. YOU FURTHER ACKNOWLEDGE AND UNDERTAKE THAT YOU SHALL BE SOLELYRESPONSIBLE FOR CONDUCTING ROUTINE BACKUPS AND ARCHIVING OF DATA. YOU ACKNOWLEDGE THATEMEDGENE HAS NO RESPONSIBILITY TO MONITOR OR SCREEN THE DATA FOR COMPLIANCE WITH ANY LAW
OR REGULATION OR FOR ANY OTHER PURPOSE. You shall, at Your own expense, indemnify, defend and hold
Emedgene, its affiliates, and their respective officers, directors, employees, agents and representatives
harmless from and against all liabilities, damages, and costs (including settlement costs and reasonable

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attorneys’ fees) incurred by reason of Emedgene’s strict compliance with Your express instructions withrespect to the ownership, custody, processing or disposition of the Data by Emedgene, as applicable.
LIMITATION OF LIABILITY. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITSESSENTIAL PURPOSE OR OTHERWISE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT WILL EMEDGENE OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY IN TORT (INCLUDINGNEGLIGENCE), BREACH OF CONTRACT, STRICT LIABILITY, BREACH OF STATUTORY DUTY, OR OTHERWISE DUE
TO, UNDER AND/OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT IF AND TO THE EXTENT THAT
THE LOSS OR DAMAGE IN RESPECT OF WHICH SUCH LIABILITY ARISES OR IS CLAIMED TO ARISE FALLS WITHINANY OF THE FOLLOWING CATEGORIES: LOSS OF PROFITS, LOSS OF OR CORRUPTION OR DAMAGE TO DATA,INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OFANY KIND, WHETHER OR NOT EMEDGENE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, CORRUPTIONOR DAMAGE AND WHETHER OR NOT SUCH LOSS, CORRUPTION OR DAMAGE IS FORESEEABLE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CUMULATIVE LIABILITY OF EMEDGENE FOR ALL
CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY CAUSE OF
ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, SHALL NOT EXCEED THE GREATER OF: THE
TOTAL FEES PAID BY YOU TO EMEDGENE FOR THE SERVICE DURING THE PREVIOUS TWELVE (12) MONTHSBEFORE THE CLAIM, OR ONE THOUSAND DOLLARS (USD $1,000).
TERM AND TERMINATION.
Service Term. Your access to the Service will commence upon the Effective Date and will continue for theperiod set forth in the quotation or invoice for access to the Service (the “Term”). You agree that if You do
not purchase additional use of the Service following the expiration of the Term, Emedgene may suspend or
terminate the Service upon the expiration of the Term. The Term may be extended for additional periods
upon written agreement of you and Emedgene and payment of applicable fees.
Termination for Breach. Emedgene may terminate Your access to the Service without liability (i) at any timeupon written notice if You materially breach this Agreement and You fail to cure such material breach within
thirty (30) days of Emedgene’s prior written notice to You detailing the material breach; or (ii) immediately if
You becomes insolvent, cease to do business as a going concern or if a petition has been filed by or against
You under any bankruptcy, insolvency or similar law or You make an assignment for the benefit of creditor.
Termination or Suspension by Emedgene. Without prejudice to any other right or remedy available toEmedgene, Emedgene may suspend or terminate Your access to the Service without liability if (i) You
materially breach this Agreement, (ii) Emedgene provides You with written notice that it has a reasonablesuspicion that You are using the Service in breach of Sections 1 and 2 (Access to Service; Restrictions), or (iii)Your account or use of the Service is used for any malicious, illegal, or harmful purpose. In the event
Emedgene suspends Your access to the Service, Emedgene shall inform You of the reasons for the suspension
and shall reasonably work with You to resolve such issues and re-instate Your access to the Service.
Effect of Termination. Upon termination in accordance with this Agreement: (i) the Term, Emedgene’s
provision of the Service, and Your right to access and use the Service will cease immediately, (ii) upon written
request, Emedgene will promptly return or destroy all Data within its possession or control, to the extent You
are unable to delete such Data from within the Service; provided, however, that Emedgene shall not be
obligated to return or destroy such Data that is stored on automated backup systems until the same would
be destroyed according to such system’s normal document retention schedule or such Data that must be
retained for compliance with applicable laws, rules or regulations; provided further that all Data so retained
shall be subject to the provisions of Clause 14 (Privacy, Data Security) until the same is returned or destroyed,(iii) all undisputed fees owing by You to Emedgene at the date on which termination takes effect will becomedue and payable. Notwithstanding the foregoing, you acknowledge that the Service contains features whichenable You to delete Your Data and other confidential information from within the Service and it is Your
responsibility to delete such Data and information prior to termination. Any provision which expressly states
it shall survive termination or which should by its very nature survive shall survive termination of thisAgreement.
PRIVACY; DATA SECURITY.
Definitions. For the purposes of this Section 14, the following definitions apply: Data Privacy Laws” means,
as applicable, the UK Data Protection Act 2018, the GDPR, the California Consumer Privacy Act, the US Health
Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules, 45 C.F.R. Parts 160-

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164, and the Health Information Technology for Economic and Clinical Health Act (HITECH), P.L. No. 111-005,
Part I, Title XIII, Subpart D, 13401-13409, and any other legislation and regulatory requirements in force fromtime to time which apply to a party relating to the use of Regulated Data, “GDPR” means the General Data
Protection Regulation ((EU) 2016/679), “Personal Data” or “Personally Identifiable Information (PII)” means
any information relating to an identified or identifiable natural person provided or generated by You, which
may processed by You or Emedgene pursuant to this Agreement, “PHI” means information about healthstatus, provision of health care, or payment for health care that is created or collected by a covered entity,
and can be linked to a specific individual, which may processed by You or Emedgene pursuant to thisAgreement, “Regulated Data” means, as applicable, (i) Personal Data, and (ii) PHI, and “Security Incident”
means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized
disclosure of, or access to, Regulated Data transmitted, stored or otherwise processed by Emedgene under
this Agreement. For the avoidance of doubt, a Security Incident shall not include an attempt that results in
no unauthorized access to Regulated Data, such as pings and other broadcast attacks on firewalls or edge
servers, port scans, unsuccessful log-on attempts, denial of service attacks, or similar incidents.
Use of the Service. You understand and agree that Your use of the Service may involve, at Your discretion,
Your uploading, transmission of, creation of, or modification of Data which may include, without limitation,
Data consisting of genomic information (whether whole genome sequences or portions) and Regulated Data.
You agree that You will, to extent it is reasonably practical to do so, not in connection with or through theService, provide, generate or modify any identifiable Data about a natural person. For example, You will takeappropriate administrative, physical, technical and organizational measures to prevent providing the name,date of birth, address, social security, government issued identification number, or any other informationthat could directly or indirectly identify the individual from whom any Data was derived. In the event that
Regulated Data is uploaded, transmitted, created or modified by You in Your use of the Service, You
specifically agree that You will: (i) only process the minimum amount of Regulated Data as is necessary forYour lawful and ethical intended use of the Service, (ii) retain control of the Regulated Data and remain
responsible for Your compliance obligations under the applicable Data Privacy Laws, including providing any
notices to and obtaining any consents from individuals which may be required to process Regulated Datathrough Service, and for the processing instructions You give to Emedgene, and (iii) not use the Regulated
Data in violation of the Data Privacy Laws.
Processing By Emedgene. Solely to the extent relevant to Emedgene’s provision of Service, Emedgene shallact only on the instructions of You in processing any Regulated Data. You hereby instruct Emedgene to takesuch steps in the processing of Regulated Data as are reasonably necessary to the performance of Emedgene’s
obligations under this Agreement, and agree that such instructions constitute Your full and complete
instructions as to the means by which Regulated Data shall be processed by Emedgene. You acknowledge andagree that Emedgene may access or process Regulated Data that you may upload to, create or store within
the Service, as is necessary in its provision of the Service (including, without limitation, the provision oftechnical support), and that such access is global in nature. Both You and Emedgene shall comply with theData Privacy Laws in exercising rights and performing obligations under this Agreement. Specifically,
Emedgene agrees that it shall: (i) not use Regulated Data save for the purposes of delivering the Service, (ii)
implement and maintain appropriate administrative, physical, technical and organizational measures toprotect any Regulated Data accessed or processed by it against unauthorized or unlawful processing or
accidental loss, destruction, damage or disclosure, (iii) upon termination of this Agreement, securely andpermanently erase or destroy any Regulated Data stored by Emedgene which You are unable to delete
through the Service (if any), (iv) provide reasonable support to You (to the extent You are unable to accessthe Regulated Data within the Service) in complying with any legally mandated request for access to or
correction of any Regulated Data by any individual, or access or demand made by any court or governmental
authority responsible for enforcing Data Privacy Laws, with the understanding that Regulated Data may exist
within more than one platform, including Base Space Sequencing Hub, and (v) in the event that Emedgene issubject to a Security Incident, inform You promptly upon becoming aware of a confirmed Security Incident
and reasonably cooperate with You in respect of the measures that should be taken in response. Neither You
nor Emedgene will make any public statement or issue any public communication regarding any incident
described in this Section 14, except as strictly required by law or regulation.

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Personal Data; GDPR. To the extent You process Personal Data through the Services and such Personal Datais collected or derived from individuals within the European Union, the European Economic Area, the United
Kingdom, or Switzerland, Emedgene makes available a Cloud Services DPA that includes appropriate Standard
Contractual Clauses necessary to satisfy applicable Data Privacy Laws. Please reach out toprivacy@illumina.com to discuss if You think you require a DPA.
Protected Health Information; HIPAA. This Section 14(e) applies to the extent that You are a “covered entity”
or a “business associate” of a covered entity (as those terms are defined under HIPAA). Emedgene makes
available a Business Associate Agreement for the Service. Please reach out to privacy@illumina.com to
discuss if You think you require a Business Associate Agreement.
REGULATORY. Emedgene software is a support software that is intended to enable laboratories to upload
sequencing data (“NGS Data”) to aid them in their identification of variants in the NGS Data, to display certain
information or results in the NGS Data, and to aid them in generating reports with information or results in
the NGS Data. The information generated in those reports or otherwise displayed in the Service is intended
for use solely as an aid in the laboratory’s separate and independent interpretation of the NGS Data. The
Service is NOT intended as a primary diagnostic tool or to be used as a substitute for the professional
judgment of laboratories or other healthcare professional or healthcare providers. Each laboratory is
responsible for ensuring compliance with applicable international, national, and local laws and regulations
and with any applicable accreditations requirements.
U.S. GOVERNMENT END USERS. If You are a branch agency or instrumentality of the United States
Government, the following provision applies. The software and Service is a “commercial item” as that termis defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer
software documentation,” as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202 (as applicable).
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all United States Governmentend users acquire the software and Service with only those rights set forth herein.
EXPORT LAW. The Service and related technology are subject to U.S. export control laws and may be subject
to export or import regulations in other countries. You agree to strictly comply with all such laws andregulations and acknowledge that You have the responsibility to obtain such licenses to export, re-export orimport as may be required.
GENERAL. This Agreement is governed by the laws of the State of California in the United States of America,
without regard to its conflict of laws principles. The federal and state courts of San Diego County in California
shall have exclusive jurisdiction of, and venue in, in any dispute arising out of or relating to this Agreement.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to thisAgreement. If any provision of this Agreement is held to be unenforceable, that provision will be removed
and the remaining provisions will remain in full force. This Agreement is the complete and exclusive statementof the agreement between us which supersedes any proposal or prior agreement, oral or written, and anyother communications between us in relation to the subject matter of this Agreement. The relationshipbetween You and us is that of independent contractors. Neither party will represent that it has any authority
to assume or create any obligation, express or implied, on behalf of the other party, nor to represent theother party as agent, employee, franchisee, or in any other capacity. You agree that Emedgene may delegate
or subcontract any or all of its rights and obligations under this Agreement to one or more of its affiliates andsubsidiaries. Emedgene invoices and other documentation may come from an Emedgene affiliate or
subsidiary and You will honor those just as if they came directly from Emedgene. There are no third party
beneficiaries to this Agreement and no term hereunder is enforceable under any law or regulation by a personor entity who is not a party to these terms. This Agreement may not be assigned by You without Emedgene’s
prior written consent. Emedgene may freely assign this Agreement
If You have any questions regarding this Agreement or the Service, please contact
TechSupport@illumina.com <mailto:TechSupport@illumina.com>.