Illumina's Payers Summit

Virtual Events Waiver

WHEREAS, the undersigned (herein, “Participant”), who is not an employee of Illumina or one of its affiliates or subsidiaries (individually or collectively herein, “Sponsor”), has been offered the opportunity to spend time as a guest of Sponsor at the Illumina's Payers Summit (the "Event) and any of the product, services, solutions, software, websites, mobile pages and other goods and services offered, owned, or perorated by the Sponsor (collectively the “Services”), subject to the condition that Participant enter into this Agreement (“Agreement”) and any other supplemental terms (“Supplemental Terms”).

By using the Services, the Participant is agreeing to be bound, without limitation or qualification, to this Agreement, any Supplemental Terms and may use the Sponsor’s Services as long as the Participant complies with this Agreement. This Agreement apply whether the Participant is accessing the Services via a personal computer, mobile device, or any other technology or device now known or hereafter developed (each a “Device”).
Now, therefore, in consideration for Participant’s attendance at the Event and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by Participant, Participant agrees as follows:

ELIGIBILITY
In order to use the Services, the Participant needs to be 18 or older to enter into this Agreement and not be barred from doing so under any applicable laws in the Participant’s country of residence.

CHANGES TO THE AGREEMENT
Occasionally the Sponsor may, in its sole discretion, make changes to the Services and this Agreement. Any material changes will be communicated to Participants as soon as reasonably possible. Participant may stop using the Services if the Participant does not agree to the changes. The Participant’s acceptance of and/or continued use of the Services after the notification of changes to this Agreement or the Services will constitute the Participant’s acceptance of changes.

ELECTRONIC COMMUNICATIONS
When the Participants use the Services, submit forms or send e-mails to Sponsor, Participants are communicating with the Sponsor electronically. Participant consent to receive communications from the Sponsor electronically. Sponsor will communicate with Participants by e-mail, or by posting notices on the Services. Participant agrees that all agreements, notices, disclosures and other communications that we provide to the Participant electronically satisfy any legal requirement that such communications be in writing.

USER GENERATED CONTENT
Other than personally identifiable information, which is covered in Supplemental Terms, any reviews, comment, questions, ideas, suggestions, photos, and other material the Participant send or post to the Services (“User Generated Content”) will be considered non-confidential and non-proprietary. This site is not designed to accept User Generated Content. While the Sponsor do not expect that the Participant will send or post any User Generated Content in connection with these Services, the Sponsor will have no obligations with respect to User Generated Content.
Unless otherwise provided by the Supplemental Terms the Participant may enter into with the Sponsor or by posting, uploading, adding, communicating, storing, or otherwise transmitting User Generated Content on, to, or through the Services, the Participant understands and agrees that they are giving the Sponsor, Inc. a royalty free, irrevocable, perpetual, non-exclusive and fully sub-licensable license to edit, alter, broadcast, post, publish, copy, disclose, distribute, perform, create derivative works from, incorporate and otherwise use the User Generated Content and images, sounds, text, and other things embodied therein for any and all purposes, including commercial, promotional, or marketing purposes throughout the world in any form, medium, or technology now known or later developed. However, the Participant agrees that the Sponsor has no obligation to use any idea or material contained in User Generated Content and the Participant has no right to compel such use.

Participant agrees that none of Participant’s User Generated Content will include material that:

Is unlawful, threatening, libelous, defamatory, indecent, obscene, pornographic, or that may violate any law;
could interfere with anyone else’s use of the Services;
encourages or incites anyone to break the law;
violates the rights of any party, including copyrights and other property right and rights of privacy, or that includes personal or sensitive information regarding the Participants or another person;
contains a virus or any other harmful or potentially harmful component; or
contains false or misleading statements of fact or descriptions of the origin of the material or the communication.

No Obligation to Monitor. Although the Participant is solely responsible for the content provided by the Participant, Sponsor may, but is not required to, monitor User Generated Content. If the Sponsor becomes aware of User Generated Content that violates this Agreement that it believes to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, Sponsor may act to restrict access to or availability of the material and/or Services, without notice to the Participant and in its sole discretion, or may take other action as described elsewhere in this Agreement.
If a Participant notices that other user’s submissions appear to violate this Agreement, or if any other user ever make the Participant feel harassed or unsafe, please contact the Sponsor by emailing illuminapayersummit@itagroup.com.

Internet transmissions are never completely private or secure. Participant understands that any User Generated Content that the Participant sends through the Services may be read or intercepted by others. By sending User Generated Content to, Participant releases the Sponsor of any duty or obligation it might otherwise have to review or act in response to the User Generated Content, and of any duty or obligation that it might otherwise have to the Participant in connection with any action it chooses to take in response to Participant’s User Generated Content.

Sponsor maintains a strict policy of not accepting or considering any creative ideas, suggestions or materials from the public ("Unsolicited Idea(s)") and therefore the Participant should not submit any Unsolicited Ideas to the Sponsor in any User Generated Content through this Services or otherwise. The Sponsor does not wish to receive Unsolicited Ideas from Participants and has expressly advised the Participant not to submit them. If the Participant nonetheless intend to submit an Unsolicited Idea, the Sponsor strongly recommends that the Participant first consult an attorney in order to evaluate the effect that submitting such an Unsolicited Idea would have on any rights that the Participant might otherwise have.

Nonetheless, if the Participant does send Sponsor an Unsolicited Idea that is not already protected by a United States patent or is not public information, it immediately becomes the property of Sponsor. By submitting an Unsolicited Idea to Sponsor, Participant agrees to convey the Participant’s ownership interest in the Unsolicited Idea to Sponsor, and that Sponsor will exclusively own all rights, title and interest therein. Furthermore, Sponsor will be free to use, without any compensation to the Participant whatsoever, any concepts, ideas, know-how or techniques contained in any Unsolicited Idea for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. Sponsor will not be liable for such use or disclosure of such Unsolicited Idea or for any similarities in the Unsolicited Idea and any future Sponsor uses or activities.

Use of Services
Participant agrees that the use of the Services will comply with applicable laws. In addition, Participant agrees not to take any steps in connection with the use of the Services that could adversely affect the Sponsor, including engaging in or attempting to engage in the following conduct:

interrupting the operation of the Services in any manner whatsoever, including by imposing an unreasonable load on the Services;
deleting or revising any material or other information of any other user, Sponsor, or any third party;
harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
deciphering, decompiling, disassembling, or reverse-engineering any of the software comprising or in any way making up a part of the Services;
posting advertisements or solicitations of business other than those explicitly approved by Sponsor;
defeating, investigating, or providing information concerning methods of defeating security mechanisms, including by allowing another person to access the Services using credentials issued to the Participant, or by falsifying, deleting, or concealing Internet Protocol header, email sender, or other identifying information;
engaging in conduct that restricts, inhibits or discourages any other person or entity from using or enjoying all or any portion, features or functions of the Services, or which, in the Sponsor’s judgment, exposes the Sponsor or any of its users, customers, agents or suppliers to any liability or detriment of any type;
engaging in conduct affecting the Sponsor adversely or reflecting negatively on the Sponsor, the Services, Sponsor’s goodwill, name or reputation or causing duress, distress or discomfort to the Sponsor or anyone else, or discouraging any person or entity from doing business with Sponsor; or
taking any other action that could endanger or cause damage to Sponsor, other users of the Services, or other third parties.

Sponsor may take any action that it deems appropriate if it determines, in its exclusive discretion, that the Participant engaged in any of these practices or otherwise violated this Agreement or Supplemental Terms. Such action may include termination of the Participant’s access to the Services or initiation of civil or criminal legal proceedings. Under these circumstances, Sponsor may also investigate the Participant’s use of the Services and provide that information to law enforcement.

Intellectual Property Rights
Copyright: All materials on the Services, including but not limited to images, software, audio, text and video clips (the "Materials"), are protected by copyright under U.S. copyright law, international conventions and other copyright laws. All Materials are owned or licensed by the Sponsor or by its third-party licensors. Participant cannot use the Materials, except as specified herein. Any unauthorized use of the Materials may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Participant may not change the Materials in any way or reproduce, publicly display, distribute or otherwise use the Materials for any public or commercial purpose. Any reproduction of the Materials on any other web site or networked computer environment for any purpose is prohibited.

Trademarks: Sponsor trademarks, logos, and service marks and those trademarks, logos, and service marks licensed to the Sponsor (collectively, the "Trademarks") displayed on the Services, including but not limited to the Sponsor’s or any, or other third parties logo, are registered and unregistered marks of Sponsor. All other trademarks, trade names, product names, service marks and all other non-Sponsor marks are the property of their respective owners. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services without the written permission of Sponsor or such third party that may own other trademarks displayed on the Services. The absence of a product or service name or logo anywhere in the text of the Services does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo.

NOTICE OF COPYRIGHT INFRINGEMENT
If Participant believes in good faith that copyrighted work has been reproduced on or linked from the Services without authorization in a way that constitutes copyright infringement, please provide Sponsor’s designated copyright agent with the following information:

identification of the copyrighted work claimed to have been infringed;
identification of the allegedly infringing material on the Services that is requested to be removed;
Participant’s name, address and daytime telephone number, and an e-mail address if available, so that Sponsor may contact the Participant if necessary;
a statement that the Participant has a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

Sponsor’s copyright agent for notice of claims of infringement on the Services is:

By U.S. Mail:
General Counsel
5200 Illumina Way
c/o Compliance
San Diego, CA 92122
By Email:
illuminapayersummit@itagroup.com

This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on the Services. Upon receipt of such a notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), Sponsor will act expeditiously to remove or disable access to any content that is claimed to be infringing upon the copyright of any person under the laws of the United States, and will terminate the Services privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

SUPPLEMENTAL TERMS, SOFTWARE, SOLUTIONS, OR ACCESS
Sponsor may provide services and solutions, or access to subsites of the Services under Supplemental Terms. Sponsor’s obligations with respect to any product, solution, or access that it makes available to Participant under any Supplemental Terms shall be governed solely by the Supplemental Terms, under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Supplemental Terms.

USE OF SOFTWARE
Any software that is available on the Services ("Software") is the copyrighted work of Sponsor and/or its licensors. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is strictly prohibited, unless such reproduction or redistribution is permitted by a license agreement accompanying such Software. Participant may not create derivative works of the Software, or attempt to decompile or reverse-engineer the Software unless otherwise permitted by law. Use of the Software is subject to the license terms of any license agreement that may accompany or is provided with the Software. Participant may not download any Software until Participant have read and accepted the terms of the accompanying software license.

WITHOUT LIMITING THE FOREGOING, THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE SEPARATE LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE. EXCEPT AS WARRANTED IN SUCH LICENSE AGREEMENT, SPONSOR, ITS PARENT, SUBSIDIARY, AND AFFILIATE COMPANIES, AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

U.S. Government Restricted Rights: The Software available on the Services and accompanying documentation that is downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities are provided with Restricted Rights. Participant agrees to meet all requirements necessary to ensure that the Federal Government will honor such rights. Disclosure, use or reproduction of the Software and accompanying documentation are subject to restrictions set forth at Federal Acquisition Regulation 52.227-14, when applicable, or in the Department of Defense Federal Acquisition Regulation Supplement 252.227-7013.

Export Controls: Software available on the Services is further subject to United States Export Controls. No software available on the Services may be downloaded or exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or using the Commerce Department's Table of Deny Orders. By downloading any Software, Participant represents and warrants that the Participant are not located in, or under the control of, or a national or resident of any such country or on any such list.

MOBILE APPLICATIONS
If Sponsor offers products and services through applications available on Participant’s wireless or other mobile Device (such as a mobile phone) (the "Mobile Application Services"), these Mobile Application Services are governed by the applicable additional terms governing such Mobile Application Service. We do not charge for these Mobile Application Services unless otherwise provided in the applicable additional terms. However, Participant’s wireless carrier's standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. Participant should check with Participant’s carrier to find out what plans Participant’s carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by Participant’s wireless carrier, and not all Mobile Application Services may work with all wireless carriers or Devices. Therefore, Participant should check with Participant’s wireless carrier to find out if the Mobile Application Services are available for Participant’s wireless Device, and what restrictions, if any, may be applicable to Participant’s use of such Mobile Application Services.

LINKS TO OTHER WEBSITES AND PRODUCTS
Sponsor Subsites: Participant may be required to agree to Supplemental Terms and user codes of conduct in order to access certain portions of the Services, which are known as "subsites." If the Participant attempts to access a subsite that requires the Participant to enter into such a supplemental agreement, the controller of that subsite will advise the Participant and provide the Participant with an opportunity to review the Supplemental Terms and agree to it before accessing the subsite or using such subsite’s services. Both these Terms of Use and the Supplemental Terms will govern the Participant’s use of the subsite. In the event of any inconsistency between these Terms of Use and the Supplemental Terms, the Supplemental Terms will control, except that nothing in the Supplemental Terms may limit (a) Sponsor’s disclaimer of warranties, (b) Participant’s agreement to indemnify Sponsor or (c) the licenses the Participant grants to Sponsor or other intellectual property.
Third Party Links: Mention of third party products, companies and web sites on the Services is for informational purposes only and constitutes neither an endorsement nor a recommendation. Sponsor makes no representations regarding the quality, safety or suitability of any products by third party companies. Likewise, links to third party sites are provided for the Participant’s convenience only, and Sponsor is not responsible for the content of any site linked to or from the Services. Links from the Services to any other site do not mean that Sponsor approves, or endorses or recommends that site. Sponsor disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Viewing of all other sites is at the Participant’s own risk.

CONTESTS, SWEEPSTAKES AND OTHER PROMOTIONS
The Services may include contests, sweepstakes or other promotions (“Promotions”) that offer prizes or require the Participant to send in material or information about themselves. Each Promotion has its own rules, which the Participant must read and agree to before the Participant may enter.

DISCLAIMER
Participant’s use of the Services is solely at the Participant’s own risk. The Services (including all content and functions made available on or accessed through the Services) are provided “as is.” To the fullest extent permissible by law, Sponsor makes no representations or warranties of any kind whatsoever (1) for the accuracy, merchantability, fitness for a particular purpose or non-infringement of any content published on or available through the Services, (2) that the server that makes the Services available is free of viruses or other components that may infect, harm or cause damage to the Participant’s computer equipment or any other property when the Participant accesses, browses, downloads from or otherwise uses the site, (3) that Sponsor will continue to provide the Services or, if it does continue to provide the Services, that the Services will continue to provide the Services it currently provides or that the Services will function the way that it currently does; or (4) that any of the Participant’s content or communications will be retained or stored on the Services for any particular amount of time.

Other users of the Services may submit content or communications in a way that is publicly accessible, and Sponsor cannot predict the content or communications that users post. Sponsor therefore does not warrant or represent that the content on the Services will be appropriate for any particular audience or that the Participant will not be harmed by viewing the content on the Services. Because accessing the Services is inherently risky, the Participant assumes all risks associated with the Participant’s decision to access it.

Under no circumstances, including but not limited to Sponsor’s negligence or gross negligence, will Sponsor or any other party involved in creating, hosting or delivering the Services, be liable for any direct, indirect, incidental, consequential, special, punitive or other damages whatsoever arising out of the Participant’s access to, or use of, the site, even if Sponsor has been advised of the possibility of such damages. Please note that some jurisdictions may not allow the exclusion of implied warranties or conditions, so some of the above exclusions may not apply to the Participant. Check the local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Sponsor disclaims all warranties, express and implied, to the greatest extent permitted by law. Sponsor also assumes no responsibility, and will not be liable for, any damage to or viruses that may infect the Participant’s computer equipment or other property, or for any loss or corruption of data on account of the Participant’s access to, use of, or browsing in the services, or the Participant’s downloading of any materials, data, text, images, video, or audio from the site. Notwithstanding the limitation of liability contained herein, in no event shall Sponsor’s total liability to the Participant for all damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by the Participant, if any, for accessing the Services.

CONFIDENTIALITY
In connection with the Event, certain Confidential Information regarding Sponsor may be disclosed to the undersigned. Participant agrees that he/she will keep confidential and not disclose the Confidential Information presented during the Event and will not use the Confidential Information for securities trading or for any purposes, other than in connection with his/her business relationship with Sponsor. “Confidential Information” shall mean for the purposes of this Agreement all information (printed, electronic, oral or otherwise) that is supplied by Sponsor during the Event.

WAIVER AND RELEASE:
Participant, on his/her behalf and on behalf of his/her heirs, executors, administrators and assigns, assumes full responsibility for all risks of any and all losses of any nature, whether to property or person, related to Participant’s attendance at the Event, and resulting from, arising out of, or in connection with the Event, including, but not limited to, transportation to, from and during the Event and participation in group or individual activities during the Event, whether or not such activities are organized by client or occur on or off the site of the Event.

Losses under this Agreement include, but are not limited to, the following: property damage, illness, injury and death (collectively “Losses”). Potential causes of Losses under this Agreement include, but are not limited to: crime, fire, smoke, water, accident, crash, acts of God, public enemy, riot, terrorism, health or safety code violations, violation of applicable law, or any other casualty or calamity.

Participant EXPRESSLY WAIVES AND RELEASES Sponsor, ITA Group, Inc., and each of their current, former, and future officers, directors, employees, and agents, respectively, (together, “Released Parties”) from any and all claims, demands, liabilities, Losses, costs and expenses (including attorneys' fees), rights or causes of actions, present or future, known or unknown, anticipated or unanticipated, of damage or injury of any kind or description whatsoever, (collectively the “Claims”), resulting from, arising out of, or in connection with the Event.

INDEMNIFICATION:
To the fullest extent permitted by law, Participant agrees to indemnify and hold harmless the Released Parties from any and all Claims against any one of them which arise out of or in connection with the Event and which arise result, directly or indirectly, from Participant’s actions or inaction, intentional or otherwise.

Photo Release Statement

I, being of legal age, hereby give Sponsor, its licensees, successors, legal representatives, and assigns the absolute and irrevocable royalty-free right and permission to use my name and to use, reproduce, edit, exhibit, project, display, copyright, publish, post and/or resell photography images and/or moving pictures and/or videotaped images of me at or in connection with the Event, with or without my voice, or in which I may be included in whole or in part, photographed, taped, videotaped, and/or recorded from this date and hereafter, and to circulate the same in all forms and media for art, advertising, trade, social media, competition of every description and/or any other lawful purpose whatsoever. I also consent to the use of any printed matter in conjunction therewith. I hereby waive any right that I may have to inspect and/or approve the finished product or products or the editorial, advertising, or printed copy or soundtrack that may be used in connection therewith and any right that I may have to control the use to which said product, products, copy and/or soundtrack may be applied. I hereby release, discharge Sponsor, its licensees, successors, legal representatives and assigns from any liability by virtue of any blurring, distortion, alteration, optical illusion or use in composite form whether intentional or otherwise that may occur or be produced in the making, processing, duplication, projecting or displaying of said picture or images.

This Agreement is deemed to be made under and shall be construed under the laws of the State of Iowa, without regard to choice of law provisions. If any provision of this Agreement is determined to be invalid, such invalidity will not affect the validity of the remaining portions of this Agreement. This Agreement shall be binding upon the undersigned and upon its respective successors and assigns.

IN ACCEPTING AND SIGNING THIS AGREEMENT, Participant acknowledges and agrees that Participant has read and fully understands this Agreement, that participation in the Event is completely voluntary and not a condition of Participant’s employment, and that no written or oral agreements, understandings, representations, statements, or inducements apart from this Agreement have been made with or by Sponsor with respect to the subject matter hereof.