Hercules Pharmaceuticals web site terms of use and legal restrictions
Hercules Pharmaceuticals ("Hercules Rx ") maintains the HerculesRx.com web site (the "Web Site") as a service to its customers that prefer to use the Internet, subject
to compliance with these Terms of Use. Because these Terms of Use constitute an agreement between you and Hercules Pharmaceuticals, they are occasionally
referred to as “this Agreement” or simply “these terms.” Please read this Agreement carefully before accessing or using the Web Site. By using this Web
Site you agree to be bound by the terms of this Agreement. If you do not wish to be bound by these terms, do not use this web site. Hercules Pharmaceuticals may
modify this Agreement at any time and such modifications will be effective immediately upon posting the modified Agreement. You agree to review the
Agreement periodically to be aware of such modifications and your continued access or use of the Web Site after any modification will be deemed your
conclusive acceptance of the modified Agreement. Proceeding to use the Web Site indicates your acknowledgment that you have read and accepted
these terms and conditions.
You may print a copy of these Terms of Use for your records at any time by using the "print" function on your internet browser.
Use of Site. Hercules Pharmaceuticals authorizes you to view and download the materials at this Web site (Site) only for your personal, non-commercial use, provided
that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. The entire content of the
Site, including any images or text, is copyrighted and may not be reproduced, distributed, modified, reused, reposted, downloaded, or otherwise used
except as with Hercules Pharmaceuticals’ express prior written consent. Use of these materials on any other Web site for any purpose is prohibited. The use or misuse
of any trademarks, copyrights, or other materials, without the express written permission of Hercules Pharmaceuticals, is expressly prohibited and may be in violation
of copyright law, trademark law, communications regulations and statutes, and other laws, statutes and/or regulations. If you breach any of these Terms,
you Site authorization terminates automatically and you must immediately destroy any materials obtained from the Site. Hercules Pharmaceuticals reserves the right
to terminate your Site authorization and to delete any related accounts immediately if you breach or threaten to breach any Terms.
Use of Software. Your use or downloading from this Site ("Software") indicates your acceptance of and is subject to the license terms in the Software
License Agreement that accompanies or is provided with the Software. If no such Software License Agreement accompanies or is provided with the
Software, then you agree that you accept a limited, non-exclusive, non-transferable license to use the Software as is solely for your own internal
business purposes in relation to your use of this Site and that your use of the Software is subject to the following provisions: (1) you shall not translate,
disassemble, decompile, reverse engineer, alter or modify the Software or make any copies of any documentation or Software (except one copy for
back-up or archival purposes only); (2) you shall not sell, assign, sublicense, transfer, disclose, or permit access to the Software or related documentation
to any other person or entity; and (3) THE LICENSOR DISCLAIMS (AND YOU ACCEPT THE SOFTWARE WITHOUT) ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE.
Use of Information and Materials. The material and information on the Site are subject to change. Your eligibility for particular products and services is
subject to final determination by Hercules Pharmaceuticals, which is under no obligation to provide such products or services. The Site has been designed to provide
general information about Hercules Pharmaceuticals and related information. Hercules Pharmaceuticals shall not be held responsible for actions taken based on the information
accessible on the Site. You agree that access and use of and any and all content presented on the Site is at your own risk.
Links To Other Web Sites. Links to third party Websites on this Site are provided merely as a convenience to you. If you use these links, you will leave
this HerculesRx.com. Hercules Pharmaceuticals has not reviewed these third party sites nor does it have any control over these sites. Hercules Pharmaceuticals is not responsible
for any of these sites. Consequently, Hercules Pharmaceuticals does not endorse or make any representations about third party sites or any information, software,
products, or materials found therein. If you decide to access any third party site from HerculesRx.com, you do so at your own risk.
Disclaimer. NEITHER HERCULES PHARMACEUTICALS NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES STEMMING FROM A USER’S ACCESS, USE, OR INABILITY TO USE
THE SITE OR ANY WEB SITES LINKED TO THIS SITE, OR ANY CONTENT ERRORS OR EXCLUSIONS WHETHER BASED ON WARRANTY, CONTRACT,
TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CONTENT PROVIDED
HEREIN IS PROVIDED AS IS WITHOUT ANY. Further, Hercules Pharmaceuticals does not warrant the accuracy and completeness of the content at this Site. Hercules
Pharmaceuticals may make changes to the materials and services at this Site at any time without notice. The materials and services at this Site may be out of date
and Hercules Pharmaceuticals makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products,
programs or services that are not available in your country. Consult your local Hercules Pharmaceuticals business contact for information regarding the products,
programs and services that may be available to you.
Applicable Laws. This Site is administered by Hercules Pharmaceuticals from its offices in New York, New York and this Site and these Terms are governed by and
construed in accordance with the laws of the United States of America – more exactly the laws of New York State without giving effect to conflicts of
laws principles. Hercules Pharmaceuticals makes no representation that materials or services at HerculesRx.com are appropriate or available for use outside the
United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or
services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and
regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with
applicable local laws. You agree that any cause of action or claim that you may have relating to this Site must be made or instituted within one (1) year of
when the cause of action or claim accrued.
Note: Anyone linking to HerculesRx.com must comply with the Guidelines for Linking to the Site and all applicable state, federal, local and international
laws. We regard the use of our registered and unregistered trademarks and service marks in metatags and/or hidden text as trademark infringement,
and treat the use of these terms in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines as unfair
competition.
General. Hercules Pharmaceuticals may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the
then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or
terms located on particular pages at this Site.
If you link to Hercules' web site, you agree that you at all times may link to, but not replicate, Hercules content. In addition you agree not to:
• Create a browser or frame environment around Hercules Pharmaceuticals content;
• Imply that Hercules Pharmaceuticals endorses you or your products;
• Present inaccurate or misleading information about Hercules Pharmaceuticals or Hercules Pharmaceuticals' products or services;
• Misrepresent any relationship with Hercules Pharmaceuticals;
• Use the Hercules Pharmaceuticals logo without prior express written permission from Hercules Pharmaceuticals;
• Have content on your site that is or could be construed as illegal, distasteful, offensive or controversial and/or content that is inappropriate for all
age groups; and/or
• Create a link to the Hercules Pharmaceuticals web site or use content from the Site on another site without Hercules Pharmaceuticals’ express prior written permission.
Limits on Accuracy
The Web Site was developed as a service by Hercules Pharmaceuticals to provide information about its products and services. Information is believed to be accurate at
the time it is created. However, like any printed material, information may become outdated over time. It is important that you rely on the advice of an
appropriate professional when interpreting and using this information. Nothing contained in any presentation is to be construed as medical, legal,
investment, financial or other advice. Hercules Pharmaceuticals makes no warranties or representations as to the accuracy of any information on the Web Site. All
users agree that access and use of the Web Site is at their own risk.
Information may be changed or updated without notice. Hercules Pharmaceuticals may also make improvements and changes in the products and services
described in the Web Site at any time without notice.
