Terms and Conditions of Use for SmBiT or HiBiT Sequences

PLEASE READ THE FOLLOWING CAREFULLY

Promega has developed NanoBiT® Technology which is a structural complementation reporter system based on bioluminescence detection. NanoBiT® Technology consists of two (2) subunits; an eighteen kiloDalton (18kDa) protein (“LgBiT”) and an eleven (11) amino acid peptide (“SmBiT”) that exhibits low affinity and bright luminescence. In addition, Promega has developed an alternative eleven (11) amino acid peptide that exhibits high affinity and bright luminescence (“HiBiT”) when used with LgBiT as a substitute for the low-affinity SmBiT.

Promega will provide you with access to the amino acid sequences of SmBiT and HiBiT (hereinafter, “Sequences”), subject to and upon your agreement with the following Terms and Conditions of Use.

Please read these Terms and Conditions of Use carefully and, if you agree to them, indicate your assent by clicking the box below.

1. You agree that you will use the Sequences only to:

   (A) chemically synthesize or biologically synthesize (i) a nucleic acid with a sequence that encodes the SmBiT or HiBiT peptides as described in the Sequences; and/or (ii) a polypeptide with the specific amino acid sequences of the SmBiT or HiBiT peptides as described in the Sequences, which may include fusion genes or fusion proteins which contain the SmBiT or HiBiT sequences, but will not include nucleic acid or amino acid sequences that encode polypeptides that deviate within the Sequences that Promega provides to you,

   and

   (B) have chemically synthesized or recombinantly-produced by a third party on your behalf an isolated nucleic acid including a sequence that encodes the SmBiT or HiBiT polypeptides as described in the Sequences, but will not include nucleic acid sequences that encode polypeptides that deviate within the Sequences that Promega provides to you.

   (hereinafter and collectively, all nucleic acids or polypeptides generated under (A) or (B) are “Synthesized Sequences”)

2. You agree to not transfer the Synthesized Sequences or any derivatives made thereof to any third party.

3. You will use Synthesized Sequences for internal research purposes only, and will make no Commercial Use (as defined herein) of a Synthesized Sequence. “Commercial Use” means any and all uses in exchange for consideration, including, but not limited to, (a) use in any further product manufacture; (b) use in the development or sale of a reagent targeting or capable of binding to the SmBiT or HiBiT polypeptide (c) use in provision of services, information or data; and (d) resale of a Synthesized Sequence, whether or not the resale is for use in research.

4. You agree to use any Synthesized Sequences only with luminescent assay reagents sold by Promega, Promega’s affiliates or Promega’s distributors and branded with Promega’s Nano-Glo® trademark.

a. If you desire to use Nano-Glo® -branded reagents in connection with energy transfer (such as bioluminescence resonance energy transfer) to acceptors other than a genetically encoded autofluorescent protein, you agree you will use Promega’s NanoBRET™-branded energy acceptors (e.g., BRET-optimized HaloTag® ligands) for all determinations of energy transfer activity.

With respect to any uses outside these Terms and Conditions of Use, including any diagnostic, therapeutic, prophylactic or Commercial Uses, please contact Promega for supply and licensing information. PROMEGA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING FOR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SEQUENCES DEFINED HEREIN OR ANY SMBIT OR HIBIT SYNTHESIZED SEQUENCES CREATED BY LICENSEE OR ON BEHALF OF LICENSEE.

These Terms and Conditions of Use shall be governed under the laws of the State of Wisconsin, USA.

You hereby represent and warrant that your name and contact information that you submit below is complete and accurate as of today’s date.