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ASTREA FORENSICS
<br />TERMS & CONDITIONS
<br />Thank you for your interest in Astrea Forensics. Our goal is to make your experience a smooth one. If you have any questions, please contact
<br />Customer Support.
<br />The following are our Terms and Conditions (“Terms”). We may change our Terms from time to time.
<br />1.Acceptance of Terms. These Astrea Forensics, LLC (“Astrea Forensics”) Terms, any Statement of Work (“SOW”), and any formal price
<br />quotation (“Quote”) (collectively, the “Agreement”) shall exclusively govern Astrea Forensics’ provision of services (“Services”), to the purchaser
<br />(“Customer” and “You”). Our offer to sell services is expressly conditioned upon Customer’s acceptance of the Agreement. BY INDICATING
<br />YOUR ACCEPTANCE OF THIS AGREEMENT, INSTALLING ASTREA FORENSICS ELECTRONIC RESOURCES, ACCESSING OR USING
<br />THE SERVICE, OR PLACING AN ORDER FOR SERVICES, YOU ARE AGREEING TO BE BOUND BY ALL TERMS, CONDITIONS AND
<br />NOTICES CONTAINED OR REFERENCED IN THIS AGREEMENT. IF YOU DO NOT AGREE, PLEASE DO NOT COMPLETE AN ORDER
<br />FORM FOR SERVICES, INSTALL ASTREA FORENSICS ELECTRONIC RESOURCES, OR USE THE SERVICE.
<br />2.Service Use and Restriction / Disclaimer. The Services are for assisting law enforcement and other official government agencies in the
<br />lawful analysis of samples according to policies and procedures mandated by the appropriate federal, state, and local agency. For example, see
<br />United States Department of Justice Interim Policy for Forensic Genetic Genealogical DNA Analysis and Searching, effective November 1, 2019.
<br />Notwithstanding the above, the Services are only provided with respect to samples related to an unsolved, violent felony that has critical public
<br />safety implications. Services and results may only be used by Customer for the generation of investigational leads, or the identification of human
<br />remains. Customer agrees that no arrest or prosecution will be made based solely on the Services. In addition, Services are not to be used for
<br />any medical, clinical, health, pharmaceutical, or scientific research of any kind, or to obtain this type of information for any purpose, even for the
<br />purposes provided herein. Customer acknowledges that Astrea Forensics is not certified or accredited as a crime lab in any jurisdiction. Customer
<br />agrees not to release Astrea Forensics’ name and/or provision of Services to any third party without Astrea Forensics’ prior written consent,
<br />except as may be required by law.
<br />3.Use of Electronic Resources and Restriction / Disclaimer. Various Services may include access to Astrea Forensics software, website,
<br />or electronic resources (collectively, “Electronic Resources”). Customer acknowledges that Electronic Resources may be subject to additional
<br />terms and conditions. Customer may not use, copy, modify, create derivative works of, reverse engineer, decompile, disassemble, distribute,
<br />sell, assign, pledge, sublicense, lease, loan, rent, timeshare or otherwise transfer the Electronic Resources, nor permit any other party to do any
<br />of the foregoing. Customer may not remove from the Electronic Resources, or alter, any of the trademarks, trade names, logos, patent or
<br />copyright notices or markings, or add any other notices or markings to the Electronic Resources. Customer may not (and may not attempt to)
<br />defeat, avoid, by-pass, remove, deactivate or otherwise circumvent any protection mechanisms in the Electronic Resources including without
<br />limitation any such mechanism used to restrict or control the functionality of the Electronic Resources. To the extent third-party code is included
<br />in Electronic Resources and any term or condition of a third-party license applicable to such third party code directly conflicts with the terms and
<br />conditions set forth herein, the applicable term(s) or condition(s) of that third-party license will be applicable only to that third-party code and
<br />only to the extent necessary to remove the conflict.
<br />4.Orders, Price, and Payment.
<br />(a)Orders are to be placed through Astrea Forensics’ customer support or sales representatives, and Services are subject to availability.
<br />Customer is responsible for all aspects of transfer of samples to Astrea Forensics.
<br />(b)The price(s) for Services will be those provided in a Quote, including access to Services via a web-based browser for a set period of time.
<br />Prices are subject to change from time to time. Our prices do not include any taxes (including VAT), duties, levies, shipping fees, or other
<br />government fees that may apply to Customer’s order. If they apply, it will be Customer’s responsibility to pay them. If we pay them, we will add
<br />them to Customer’s invoice. Customer is also responsible for standard delivery and handling charges, if any. We will also add these charges to
<br />Customer’s invoice.
<br />(c)Invoices shall be paid in U.S. dollars within 30 days from the invoice date. Each order is a separate transaction, and Customer may not set-
<br />off payments from one order against another. If Customer is late in making payment, without affecting our other rights, we may suspend delivery
<br />or cancel the order, reject Customer’s future orders, and charge Customer a late-payment charge, from the due date until paid, at the rate of 1%
<br />per month (12% per year) or, if less, the maximum amount allowed by law.
<br />5.Delivery. Astrea Forensics will use commercially reasonable efforts to deliver the results as specified in the relevant Statement of Work and/or
<br />Quote. Details for electronic delivery or access to results will be provided in the relevant Statement of Work and/or Quote. All Services shall be
<br />deemed accepted by Customer upon delivery.
<br />6.Cybersecurity and Technical Support. Astrea Forensics may store Customer data on Astrea Forensics servers which may include third-
<br />party cloud-based virtual machines. Any web traffic related to Services is encrypted using industry-standard or stronger encryption algorithms.
<br />In the event that Services are unavailable to Customer for more than 10% of the time on a monthly basis due to technical reasons under Astrea
<br />Forensics’ control, Astrea Forensics will make commercially reasonable efforts to provide alternative access for Customer. Tech support will be
<br />via phone (during business hours) and email at the contact information provided above.
<br />7.Customer Information.
<br />(a)Customer shall provide all relevant information and samples as described in a Quote. Customer represents and warrants that Customer
<br />owns or otherwise lawfully controls the information and samples to be submitted to Astrea Forensics, and that Customer has the right to provide
<br />the information and samples to Astrea Forensics for the purpose described herein. Customer represents and warrants that Customer will only
<br />use the Services and results for the purposes described herein. Customer further represents and warrants that it has complied with all local,
<br />state, and federal requirements in submitting samples and information to Astrea Forensics, including without limitation all requirements relating
<br />to privacy for the samples and information provided to Astrea Forensics. Customer shall retain all pre-existing rights and obligations to any
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