Instructions for Accessing and Downloading Data

Rosetta Inpharmatics is required in certain instances to obtain personal information from, and place certain legal limitations on, its visitors who wish to download and/or access gene expression data of Rosetta which is governed, at least in part, by licensing arrangements with third parties. The purpose of obtaining this information is to permit such third parties to enforce their licensing arrangements should Rosetta be unwilling or unable to do so. Some of the gene expression data available hereunder falls within such licensing arrangements.

In this instance, as more fully set forth in the EULA (defined below), Rosetta limits your use of the gene expression data underlying the manuscript entitled "Signaling and Circuitry of Multiple MAPK Pathways Revealed by a Matrix of Global Gene Expression Profiles," published in Science 287, 873-880 (2000) ("Subject Data") to use for "internal research purposes" and restricts your ability to transfer the Subject Data to others. Please note: These internal research use restrictions are not intended to prohibit publication or disclosure to others of analyses of the Subject Data, provided that any such publication or disclosure does not involve transfer of the Subject Data.

(1) Below you will find a Subject Data End User License Agreement ("EULA"), which will govern your access to and use of the Subject Data. Please read the EULA carefully. If you agree to comply with its terms and conditions in your use of the Subject Data, click "I AGREE."

(2) Once you have completed and agreed to the EULA, you will be presented with an End User Registration Form ("Registration Form") for the Subject Data. Before you may access and/or download the Subject Data, you must complete the Registration Form and click "Submit Registration."

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) ("you") and Rosetta Inpharmatics LLC ("Rosetta"). Unless you have a different license agreement signed by Rosetta, your download and use of Subject Data (defined below) indicates your acceptance of this EULA and the terms and conditions stated herein. If, after you accept this EULA, you decide to no longer agree to the terms and conditions below, you must promptly delete the Subject Data from your computer and destroy any copies thereof, whether in printed or electronic form. See Section 5 (Termination), below.

Subject Data: gene expression data underlying the manuscript entitled "Signaling and Circuitry of Multiple MAPK Pathways Revealed by a Matrix of Global Gene Expression Profiles," published in Science 287, 873-880 (2000).

1. Limited Use License:

The Subject Data are the property of Rosetta. Rosetta hereby grants you (and if applicable, your employees) a non-exclusive, non-sublicenseable, non-transferable license to use the Subject Data for internal research purposes only, subject to the restrictions set forth in this EULA. Use of the Subject Data for any other purpose may only occur with the written permission of Rosetta. Rosetta is permitted to license the Subject Data in accordance with its legal arrangements with Affymetrix, Inc. ("Affymetrix") and other third parties, and, accordingly, you agree that Affymetrix and such other third parties may enforce the provisions of this EULA relating to the Subject Data falling within the scope of such legal arrangements in the event that Rosetta does not or cannot enforce such provisions itself.

2. Restrictions:

You may not modify, copy, post, transmit, distribute, sublicense or otherwise transfer or make available to any third party the Subject Data, in whole or in part, except with the prior written permission of Rosetta. You may not use the Subject Data to construct commercial databases or in providing services to third parties without securing an additional license from Rosetta. For purposes of clarification, these internal research use limitations and restrictions are not intended to prohibit publication or disclosure to others of analyses of the Subject Data, provided that any such publication or disclosure does not involve transfer of the Subject Data.

Use by Corporations, Entities, and Organizations: If you intend to use the Subject Data with, or provide access to the Subject Data to, your employer or fellow employees, you may only do so where an authorized representative of your employer (e.g., an officer, director, or chairperson) has completed this EULA.

3. No Consideration:

You acknowledge and agree that the Subject Data are provided to you by Rosetta for no consideration or other quid pro quo and are not being made preferentially available to you over others who wish to license and use the Subject Data.

4. Accurate Information:

By consenting to this EULA, you represent and warrant that the information you will enter into the End User Registration Form ("Registration Form") for access to, download, and use of the Subject Data is complete and accurate.

5. Termination:

You may terminate this EULA by deleting the Subject Data and destroying any copies thereof, whether in printed or electronic form.

6. Export Limitations:

You shall be solely responsible for your compliance with all applicable United States and foreign laws and regulations and international treaties with respect to the export, import or use of the Subject Data.

7. No Warranty:

THE SUBJECT DATA ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ANY WRITTEN OR ORAL INFORMATION OR ADVICE GIVEN BY ROSETTA, ITS EMPLOYEES AND/OR REPRESENTATIVES SHALL NOT IN ANY WAY BE CONSTRUED AS GRANTING OR CREATING A WARRANTY. Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions which may supercede this limitation. As a result, this limitation of liability may not apply to you if prohibited by the laws of your jurisdiction.

8. Limitation of Liability:

IN NO EVENT SHALL ROSETTA OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION OR PRODUCTION OF THE SUBJECT DATA BE LIABLE FOR ANY CLAIMS INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR GENERAL, DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SUBJECT DATA OR THE USE OR OTHER DEALINGS IN CONNECTION WITH THE SUBJECT DATA.

9. Miscellaneous:

a. This EULA shall be construed in accordance with the laws of the State of Washington, U.S.A. All parties hereto consent to the jurisdiction and venue of the federal and state courts of the State of Washington, located in King County, Washington, for any action arising under this EULA. The prevailing party to such action shall be entitled to reimbursement for costs and reasonable attorneys' fees.

b. This EULA constitutes the entire agreement between the parties pertaining to the Subject Data and supersedes all prior agreements related thereto.

c. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

End of Subject Data End User License Agreement