By accessing the [Illumina Image Store] (the "Site") and downloading, or making any use of any image ("Image") on the Site, you agree to abide by and be bound by the terms of this Image Use Agreement (this "Agreement").
The Site is owned by Illumina, Inc. ("Illumina
"). Unless otherwise indicated, all of the content featured or displayed on the Site, including all Images, is owned by Illumina, its licensors, or its third-party partners. All content on the Site is protected by copyright, trade dress, moral rights, trademark, and other laws relating to the protection of intellectual property.
Grant of License and Use of the Site and Images
Subject to the terms of this Agreement, Illumina grants you a limited, revocable, non-exclusive license to access, download, copy, and/or use the Images on the Site subject to the terms of this Agreement. The right and license granted herein is personal to you and is non-sublicensable, non-transferable and non-assignable by you to any other person or entity.
When using an Image you must: (a) always include a credit line as follows: "Courtesy of Illumina, Inc." and (b) notify Illumina immediately of any misuse or unauthorized use of the Image of which you become aware.
You may not: (a) use any Image for any commercial purpose, including the promotion of a company, product or technology, or for purposes of product comparisons; (b) make the Image available in a manner intended to allow or invite a third party to download, extract, or otherwise access the Image as a standalone file; (c) alter or modify the Image, in whole or in part, for any reason (except for re-sizing as appropriate); (d) delete, alter, or obfuscate any proprietary legends or attributions relating to the Image, including any trademark or copyright notations; (e) use an Image in a defamatory, offensive, or otherwise unlawful manner; (f) incorporate an Image into a logo, trademark, or service mark, or use an Image in any way to suggest an affiliation with or endorsement of any product, service, or commercial or non-commercial enterprise.
You are further specifically prohibited from: (a) using any data mining, robots, or similar data gathering or extraction methods on the Site; (b) reverse engineering, altering, or modifying any part of the Site or Images; (c) circumventing, disabling, or otherwise interfering with security-related features of the Site or on the Images; (d) selling, licensing, leasing, or in any way commercializing the Images; and (e) using the Site or any Image other than allowed by these terms.
Unauthorized use of this Site or any Image or any breach of this Agreement will cause Illumina irreparable harm and may violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
The Site and Images are provided by Illumina on an "as is" basis, without warranty of any kind, including non-infringement or ownership. Illumina does not grant any right nor make any warranty with regard to the use of names, people, moral rights, trademarks, trade dress, logos, or designs depicted in any Images, and you shall be solely responsible for determining whether release(s) is/are required for your requested use, and for obtaining any required releases if not already obtained by Illumina.
You hereby agree to indemnify, defend, and hold harmless Illumina from and against any and all claims, actions, proceedings, suits, liabilities, damages, penalties, fines, losses, or expenses, including attorneys' fees and costs, arising out of or in any way connected with your use of the Site or any Image in violation or breach or alleged violation or breach of any term in this Agreement.
If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Agreement and will not affect the validity and enforceability of the remaining provisions. The affected provision shall be modified to the extent necessary to make it lawful, not void, or enforceable, as the case may be, in such a manner as comes closest to preserving the intentions of such provision.
This is a legal, binding agreement. You represent and warrant that you have the full right, power and authority to enter into this Agreement and be bound by its terms. The terms of this Agreement will be governed and construed in accordance with the laws of the state of California without regard to its conflicts of law provisions. You agree to submit to the jurisdiction of the state and federal courts located in the state of California in connection with any action arising under this Agreement.
Illumina may, in its discretion, change these terms at any time and such changes shall be effective immediately and incorporated into this Agreement. It is your responsibility to review any changes to these terms.