SWITCHGEAR STARTER KIT SALES QUOTATION QUOTE NUMBER: Starter_Kit Date: Quote Expiration: November 15, 2009 December 15, 2009 Prepared for: Name Title Address Phone Fax email PER YOUR REQUEST, WE ARE PLEASED TO QUOTE ON THE ITEMS LISTED BELOW. Product ID Gene name (Product Label)* Type Item Description Price 1 Experimental 5 ug of purified DNA 2 Control 5 ug of purified DNA 3 Control 5 ug of purified DNA FuGene HD Reagent 200 ul FuGene HD Promega Steady-Glo® Reagent 10 ml of Steady Glo reagent F250 4 E2510 TOTAL START KIT COST $ 750 Additional Items (optional) – choose one reagent and include more constructs 5 6 E6110 Promega ONE-Glo® Reagent 10 ml of Steady Glo reagent $ 109 7 Control 5 ug of purified DNA $ 195 8 Experimental 5 ug of purified DNA $ 395 9 Experimental 5 ug of purified DNA $ 395 TOTAL Additional Items $- TOTAL START KIT COST $- Shipment date depends on inventory status. Constructs in inventory will ship in 5 to 7 business days. Constructs labeled as Available "Upon Request" are in production and will take 6 to 8 weeks. In the case of production failures or delays, customer will not be invoiced for clones that are not delivered. This product is subject to the terms of the SwitchGear Limited Use License (Attached as Exhibit A). Clones have been optimized for use with the following reagents: Promega Steady-Glo (E2520), ONE-Glo (E6130), Bright-Glo (E2650), and Dual-Glo (E2980). PRODUCT PRICE DOES NOT INCLUDE: 1. Applicable Sales Tax 2. Shipping and handling charges FAX /EMAIL PURCHASE ORDERS OR CREDIT CARD AUTHORIZATION FORMS TO: Sales Department SwitchGear Genomics, Inc. 1455 Adams Drive, # 1317 www.switchgeargenomics.com 1455 Adams Drive #1317, Menlo Park CA 94025 650-323-6763 phone Menlo Park, CA 94025 Fax: 650-745-0987 sales@switchgeargenomics.com EIN/TIN: 20-2520789 Go to www.switchgeargenomics.com/creditcard to download the credit card authorization form. This agreement will take effect upon the receipt of the agreement and attachments. This agreement supersedes any previous agreements with SwitchGear Genomics. Thank you for your business. Sincerely, Brian McKelligon Vice President, Sales and Marketing Office: 650-323-6570 brianm@switchgeargenomics.com www.switchgeargenomics.com 1455 Adams Drive #1317, Menlo Park CA 94025 650-323-6763 phone Exhibit A: SWITCHGEAR GENOMICS LIMITED USE LICENSE Regulatory Element Sequence and Cloned Fragment For research use only. This product and/or its use is subject to one or more of the following SwitchGear patents: U.S. Pat. Appln Ser. Nos. 60/750,929, 60/762,056 and various corresponding patent application and issued patents. Researchers may use this information and/or product in their research, but express written consent from SwitchGear Genomics is required for the transfer of any information including, but not limited to, the DNA sequences or genomic coordinates of these fragments or the products or their derivatives for use by others. Researchers may not reverse engineer, amplify from or transform to prepare more DNA from SwitchGear constructs without express written consent from SwitchGear Genomics. Unless otherwise agreed, no reach-through payments shall be owed to SwitchGear Genomics relating to an organization’s commercialization of products that are the discoveries resulting from the research use of this product or its derivatives, provided that such products do not fall within the scope of the valid claims of any issues patents assigned or licensed to SwitchGear Genomics, or that such commercialization would not be a violation of the terms of this license. No other uses including, but not limited to commercial use, of this information, products or their derivatives is authorized without the express written consent of SwitchGear Genomics. Commercial Use means any and all uses of this product and derivatives by a party for monetary or other consideration and may include, but is not limited to use in: (1) product development or manufacture; (2) to provide a service utilizing SwitchGear information or products; and (3) the resale of the information, products or their derivatives, regardless of their intended use. With respect to such Commercial Use, or any diagnostic, therapeutic or prophylactic uses, please contact SwitchGear Genomics for supply and licensing information. Luciferase Vector For research use only. This product and/or its use is subject to one or more of the following Promega patents: U.S. Pat. Appln Ser. Nos. 09/645,706, 10/943,508, 10/664,341, PCT Pat. Appln. Ser. No. PCT/US03/28939, U.S. Pat. Nos. 6,387,675 and 6,552,179, Australian Pat. No. 698424 and various corresponding patent application and issued patents. Researchers may use this product in their research and they may transfer derivatives to others for research use provided that at the time of transfer a copy of this label license is given to the recipients and the recipients agree to be bound by the terms and conditions of this label license. In addition, researchers must do one of the following: (1) use luminescent assay reagents purchased from Promega Corporation for all determinations of luminescence activity resulting from the research use of this product and its derivatives; or, (2) contact Promega to obtain a license for the use of the product and its derivatives in conjunction with luminescent assay reagents not purchased from Promega. If the purchaser is not willing to accept the conditions of this limited use statement, Promega is willing to accept the return of the unopened product and provide the purchaser with a full refund. However, in the event the product is opened, then the purchaser agrees to be bound by the conditions of this limited use statement. No reach-through payments shall be owed to Promega relating to an organization’s commercialization of products that are the discoveries resulting from the research use of this product or its derivatives, provided that such products of the organization do not fall within the scope of the valid claims of any issues patents assigned or licensed to Promega, or that such commercialization would not be a violation of the terms of this label license. No other use of this product or its derivatives is authorized without the express written consent of Promega including, without limitation, Commercial Use. Commercial Use means any and all uses of this product and derivatives by a party for monetary or other consideration and may include, but is not limited to use in: (1) product manufacture; and (2) to provide a service, information or data; and/or resale of the product or its derivatives, whether or not such a product or derivatives are resold for use in research. With respect to such Commercial Use, or any diagnostic, therapeutic or prophylactic uses, please contact Promega for supply and licensing information www.switchgeargenomics.com 1455 Adams Drive #1317, Menlo Park CA 94025 650-323-6763 phone