General Terms & Condition

This agreement is a contract between you and Macrogen Corporation(hereafter, Macrogen) and applies to Macrogen’s services usage in whole. You shall read, agree with and accept all of the terms and conditions contained in this agreement.

Article.1 General Rule

1. 1. Purpose.
This agreement is to comply with the law of electric communication enterprise and an Enforcement Ordinance in United States of America on the utilization stipulation and procedure of all the related service provided by Macrogen Corporation.

1.2. Service,
Service defines that it furnishes DNA sequencing and other additional information through http://www.macrogenusa.com to be provided by Macrogen Corporation hereunder.

1.3 Effectiveness and change of the agreement,

a) It shall come into effect on the date when Macrogen posts it in public.
b) It may be amended by any such change of important business reasons and proceeded with work as changed after all the
....amendments are made

Article 2. Enrollment of a membership and Service Usage,

2.1 Eligibility and Types of accounts,

a) To be eligible for our service, you shall obtain the consent of service usage from Macrogen and make an agreement.

b) In the event that you have the desire to create your own account and use our service, you shall provide us with your
....personalinformation in accordance with Macrogen’s request.

c) In the event that Macrogenauthorizes the Service Usage to you, such notice shall be considered to be received by Macrogenwith
....User ID and other related information.

d) Macrogen does not authorize the application of our service usage in accordance with the following:

.... - apply to service with name of other persons.
.... - provide false, inaccurate or misleading information
.... - register on purpose of a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing.

2.1 Eligibility and Types of accounts,

a) Macrogen can temporarily suspend the Service usage due to system inspection, change, defect, communication interruptionand
....Force Majeure.
b) In the event that the service usage is suspended as set forth below in clauses a), any claims of either user or third party shall
....beexcluded.

Article 3. Liability

3.1 Macrogen’s Liability

a) Macrogen shall take a step that you can use our service immediately from the date to be registered without any failure, exceptfor our
....special cases.

b) You shall agree to receive an e-mail related to service, important notice and promotion email / letter sent by Macrogen.

c) In the event that you escalate any claim, we will gather information from you and take an appropriate step. While it takessome timeto
....settle it, we will notify the reasons and schedule to you.

d) Macrogen shall not disclose your personal information to any third party that is not directly related to the agreement and willlimit to
....use and improve high quality service, unless the disclosure is required by the law, regulations or orders of the governmental
....authorities concerned with national security and safety in very exceptional case.

e) Macrogenwould not accept liability for any damage caused by natural disasters(earthquake, a war of the elements,
....flood,typhoon,etc.).

3.2 User’s Liability

a) You shall be liable for all the management of your own ID and Password.

b) You shall agree to receive an e-mail related to service sent by Macrogen.

c) You shall give the notice to Macrogen on this matters, if your ID is used on illegally purposes,

d) You shall abide by clauses specified on the agreement and related laws.

e) You shall be paid invoice that all sequence data are to be charged and their success or failure is not a factor that
....determinespayment.

Article 4. Supply and usage of Service result

4.1 Supply of Service result

a) The turnaround time define the one from the arrival of your samples to the sending of result.

b) If the result is delayed beyond the promised date, you shall be notified in writing of the fact of delayed service.

4.2 Services Usage,

a) Macrogenshall treat all the sample data and information provided by you confidentially and shall not disclose them to anythird party
....without your consent, except if the disclosure is required by following purpose:

....i) provide it by anonymity for a statistical report, academic research and market investigation
....ii) identity the said person to prevent use by stealth
....iii) required by the laws, regulations or orders of the Governmental authorities concerned

Article 5. Effectiveness, termination and limitation

5.1 Effectiveness

a) You shall provide your identified information as per Macrogen’s required form and make this agreement with Macrogen.

b) Macrogen agrees to register users as a member who complies with clause 5.1.a.

5.2 Termination and usage limitation

a) You may for its convenience, terminate contract at any time. Such termination becomes effective by your e-mail notice of
....terminationto Macrogen after identifying your personal information (Name, TEL, Institute, FAX etc.)

b) Upon receipt of the notice, you cannot, except as otherwise directed by you in the notice, log in with your ID & PW and use it.

c) Macrogen may terminate the Contract without any notice, in whole or in part, if:

....i) violate the public order and established social morals
....ii) relate to criminal act
....iii) intend to utilize service for damaging national interests and social public benefit.
....iv) use ID and Password of other users.
....v) bring disgrace and inflict a loss on other users.
....vi) register another ID in duplicate under same user.
....vii) damage sound usage of service.

5.2 Cancellation procedure of usage limitation

a) In the case of limiting service usage, Macrgoen shall notify users or representatives in writing or phone of
....Macrogen’sintensionfixing given date and time to terminate the contract. Such termination becomes effective by KHNP’s written
....notice of termination toSupplier.

b) Macrogen may, for its convenience, terminate all or any part of the service at any time by urgent problem. Such termination
....becomeseffective by Macrogen's written notice of termination to Supplier.

c) Under the article of 4.2.1, users or representative who is notified the termination of service usage, could make an objection.

d) In the event of resolving the suspension of service usage, Macrogen will take a appropriate action to cancel the
....suspensionimmediately.

5. 4 User’s notice management

Macrogen can delete the notice posted by users for the following without any pre-notice.

....i) injure to a persons or group’s reputation by a slander
....ii) violate public order or established social morals.
....iii) commit a criminal act
....iv) infringe copyright against other people
....v) violate related law or Macrogen’s rule.

Article 6. Arbitration

All disputes, controversies or differences which may arise out of or in connection with the Contract or for the breach thereof shall be finally settled by arbitration in USA in accordance with the Commercial Arbitration Rules of the USA.

Aricle 7. Governing Law

The Contract shall be governed and interpreted by the laws of the USA.

Article8. Liabilities and remedy

8.1 Liabilities

Unless otherwise provided herein, Supplier shall not be liable for any consequential, direct or indirect damages, related to free serviceexcept for the damages caused by willful misconduct.

We are not liable for damage or losses to any of one’s standard sequencing result files which are stored in Macrogen’s server resulting from participation in or accessing or downloading file or data in connection with the Service.

We reserve the right, in our sole discretion, to cancel or suspend the Service should a virus, bugs, or other causes beyond our control corrupt the administration, security or proper operation of the Service.

8.2 Remedy

a) Macrogen have no obligation to confirm and represent any opinion and information provided by Macrogen’ sequencing
....service,users and third party.

b) Macorgen shall not be liable for any loss caused by commodity transaction or leading and borrowing money through
....servicebetween users and a third party and expected profit from service.

8.3 Liquidated damage,

You shall pay liquidated damages, not as a penalty, to Macrogen in an amount of 10% of total amount of the delayed payment behind due date.

# Appendix

1. All payment shall be made by you to the designated Macrogen’s banking account, or by the individual or corporate credit card
....andshall be made in the United States Dollar.

2. According to the general terms and conditions on above-mentioned, we would like to inform you that we will charge you the
....amountof the service charge as per the inserted card number unless the payment is done no later than one month after the receipt
....of thecommercial invoice of our sequencing service.

3. You can choose one of the payment methods among the followings.
....1) Telegraphic Transfer in advance
....2) Telegraphic Transfer at sight of the commercial invoice
....3) Payment of credit card as per yourlevel of the credit
....4) Banking Check

4. Single Pass Sample Resequencing policy
....Resequencing is provided in order to verify any possibility of machine error or operator's mishandling and carried out only when
....DNA sequencing quality can be improved. Therefore, retrial request for failures owing to template preparation or composition
....will be all charged. Also, re-sending a new batch, in spite of the same sample names, will be regarded as a new order.