Terms And Conditions

THESE TERMS APPLY TO THE ALEXION ONESOURCE WEBSITE AND ITS ASSOCIATED CONTENT (THE “SITE” OR “WEBSITE”). OTHER ALEXION WEBSITES OR MOBILE APPLICATIONS MAY HAVE DIFFERENT TERMS OF USE.

PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCESSING THE WEBSITE (“WEBSITE” OR “SITE”). THE SITE IS OFFERED TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS, CONDITIONS AND NOTICES HEREIN (THE “TERMS”), WHICH GOVERN YOUR USE OF THE SITE AND THE SERVICES PROVIDED ON THE SITE (THE “SERVICES”).   IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING OUR PRIVACY STATEMENT, YOU MUST NOT USE OR ACCESS THE SITE.

BY USING OR ACCESSING THE SITE OR SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS AND YOU AGREE TO ABIDE BY ALL APPLICABLE LAWS AND REGULATIONS THAT APPLY TO YOU, REGARDLESS OF YOUR PHYSICAL LOCATION.

Investors

The Site may contain forward-looking statements regarding Alexion’s operations, financial condition, prospects, products, services, and strategies. Such forward-looking statements are based on estimates and projections about our industry, management’s beliefs, and certain assumptions made by our management. Such statements are subject to certain factors which may cause Alexion’s plans or results to differ from those expected, including, without limitation, decisions of regulatory authorities regarding marketing approval or material limitations on marketing of Alexion’s products; delays in arranging satisfactory manufacturing capability and establishing commercial infrastructure; the possibility that results of clinical trials are not predictive of safety and efficacy results of Alexion’s products in broader patient populations in the disease studied or other diseases; the risk that acquisitions will not result in short-term or long-term benefits; the possibility that current results of commercialization are not predictive of future rates of commercialization; the risk that third parties will not agree to license any necessary intellectual property to Alexion on reasonable terms or at all; the risk that third party payors (including governmental agencies) will not reimburse for the use of Alexion’s products at acceptable rates or at all; the risk that estimates regarding the number of patients is inaccurate; our ability to successfully complete preclinical or clinical development of our products; our ability to expand the use of our product in other indications; and other risks set forth from time to time in Alexion’s filings with the Securities and Exchange Commission. Alexion undertakes no obligation to update any of these forward-looking statements.

Restrictions on Use of Materials

The Site and Services are owned and operated by Alexion Pharmaceuticals, Inc. The contents of the Site, such as text, graphics, images, logos, button icons, software and other material (the “Material”) are protected under copyright, trademark and other laws. You may not copy, reproduce, republish, modify, upload, post, transmit, or distribute Material in any way, except that you may download one copy of the Material on any single computer for your personal use only, provided you keep intact all copyright and other proprietary notices. Use of the Material for any other purpose is a violation of Alexion’s copyright and other proprietary rights. For purposes of these Terms of Use, the use of the Material or a modification of the Material on any other site or networked computer environment is prohibited unless permission is obtained in writing from Alexion. You may not copy or adapt any Material we use to generate the web pages. This code is also protected by copyright and other laws.  We reserve the right to prosecute violations of our intellectual property rights to the full extent of the law.  Where permissible by law, you agree to pay the costs and expenses, including reasonable attorneys’ fees, relating to any claim or cause of action by us relating to your violation or threatened violation of our intellectual property rights.

If, in your view, any copyright or other intellectual property right that you may have is being infringed by/on the Site or the Services, please inform us immediately using the Contact information below and on the Site.

Submissions

Alexion appreciates hearing from interested parties and welcomes your comments regarding Alexion’s products or technologies, including Alexion’s on-line services. However, Alexion’s company policy does not allow it to accept or consider confidential creative ideas, suggestions, inventions, note drawings, concepts, materials or other information (collectively “Information”) other than those it has specifically requested in writing. If you nonetheless send us any Information, it shall be deemed, and shall remain, the property of Alexion. None of the Information shall be subject to any obligation of confidence on the part of Alexion and Alexion shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, Alexion shall exclusively own all now known or hereafter existing rights to the Information and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

Use of Site

You may use the Site solely for lawful purposes. Alexion specifically prohibits use of the Site for, and you agree not to: (i) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (ii) take any action that imposes an unreasonably large load on the Site’s infrastructure; (iii) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up any part of the Site, or attempt to do the same. You represent and warrant that  information you provide to the Site is accurate, true and correct and that the use  will not violate the rights of any third party (e.g., any intellectual property or other proprietary right or any privacy right), or any applicable law.

You may not submit or transmit through the Site or the Services any information, content, or material or otherwise engage in any conduct that:

  1. Violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
  2. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts, or is pornographic;
  3. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. Impersonates any person, business, or entity, including Alexion and its employees and agents;
  5. Contains viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or that otherwise permit the unauthorized use of a computer or computer network;
  6. Encourages conduct that would constitute a criminal offense or give rise to civil liability;
  7. Violates these Terms of Use, guidelines, or any policy posted on the Site or Services; or
  8. Interfere with the use of the Site or Services by others.

 

You may not use our Site or Services:

  1. For your own commercial gain other than as permitted by the specific intended use of the Services;
  2. To offer any form of advertising or promotion without our prior written consent;
  3. To provide any false personal information or any personal information, content, or material on account of anyone other than yourself without permission; or
  4. To avoid the age restrictions or enable another person to avoid the age restrictions.

 

You are responsible for any and all activity relating to your password, login, or use of the Site or Services.

You may not use the Site or Services in any manner that could damage, disable, overburden, or impair our servers or networks or interfere with any other party’s use and enjoyment of the Site or Services. You may not attempt to gain unauthorized access to any services, user accounts, computer systems, or networks through hacking, password mining, or any other means. We may take any legal and technical measures to prevent the violation of this provision and to enforce these Terms of Use.

You may not use the Site or the Services or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about our users for the purpose of sending (or to facilitate the sending) of unsolicited bulk communications. You may not induce or allow others to use the Site or the Services to violate the terms of this section. We may terminate your access or use of the Site or the Services immediately and take other legal action if you, or anyone using your access to the Site or the Services, violates these provisions. We may take any technical measures to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.

Jurisdictional Issues

The Site and Services are intended for users in the jurisdiction indicated on the Site. Alexion makes no representation that Material is appropriate or available for use in other locations. Those who choose to access a website from other locations do so on their own initiative and are responsible for compliance with local or national laws, if and to the extent local or national laws are applicable, and, including those laws relating to the transition of technical data exported from or imported to the country in which you reside or from which you access the Site. The following provisions apply to users who access, use or otherwise interact with the Site outside the United States: (a) you consent to having your personal data transferred to and processed in the United States, and (b) you will not use the Site if you are prohibited from receiving products, services, or software originating from the United States.

To the extent permissible by applicable law, you agree that the laws of the State of Connecticut, USA, govern all matters arising out of these Terms, without regard to choice of law rules. You agree that regardless of any statute or law to the contrary, any cause of action against us arising out of or related to the Site or the Services must commence within one (1) year after the cause of action accrues or such cause of action shall be permanently barred. Alexion reserves the right to limit provision of any product or service to any person, geographic region or jurisdiction and to limit the products or services that we provide. You represent and warrant that (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and (ii) you are not listed on any US Government list of prohibited or restricted parties.

Termination

Your right to use the Site or the Services automatically terminates if you violate the Terms or any rules or guidelines posted in connection with the Site or the Services. We also reserve the right, at our sole discretion, to terminate your access to all or part of the Site or the Services, for any reason, with or without notice.   The provisions of the Terms, which by their nature should survive termination, or your use of the Site or the Services shall be deemed to survive such termination.

Severability

If any of these Terms are held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. If any provision of these Terms are held invalid or unenforceable only in part or degree, the remainder will continue in full force and effect to the extent not held invalid or unenforceable.

Disclaimer

The Site is for informational purposes only. You should not use the information contained herein for diagnosing a health or fitness problem or disease. Alexion makes no warranties or representations as to its accuracy. Alexion assumes no liability or responsibility for any errors or omissions in the content of Site. Alexion has not reviewed all of the sites that may be linked to the Site, and is not responsible for the content of any off-Site pages or any other sites linked to the Site. Your access to any off-Site pages is at your own risk. THE MATERIALS IN THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALEXION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALEXION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALEXION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, OR RELIABILITY. IN NO EVENT SHALL ALEXION BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR ABILITY OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREIN. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO (A) INFORMATION, CONTENT AND MATERIALS CONTAINED ON OUR SITE OR THE SERVICES OR PROVIDED THROUGH THE SITE OR SERVICES, (B) THIRD PARTY WEBSITES OR OFFERS PLACED THROUGH THE SITE OR THE SERVICES IN RESPECT TO ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO SUCH THIRD PARTIES.

Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US REGARDING THE SITE OR THE SERVICES IS TO DISCONTINUE YOUR USE OF THE SITE AND/OR THE SERVICES.  EXCEPT FOR DIRECT DAMAGES RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CUSTOMERS, PARTNERS, CONTRACTORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIM FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICES, THE CONTENT OF OUR SITE OR THE SERVICES, OR FROM USERS OF OUR SITE OR THE SERVICES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Release

To the extent permitted by applicable law, you hereby release and waive all claims against Alexion Pharmaceuticals, Inc., and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, customers and clients and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the Site and your provision of information or submissions, whether unsolicited or not, to the Site. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.  To the extent that California law is applicable, you specifically hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor” and you waive any other similar provision of the laws of any other applicable jurisdiction.

Contact

If you have any questions about these Terms, you may contact us as follows:

Legal Department

Alexion Pharmaceuticals, Inc.

100 College St.

New Haven, CT 06510

475-230-2596

Trademark and Copyright Information

©Copyright 1998-2018 Alexion Pharmaceuticals, Inc. This Alexion website is protected by copyright, including images, layout, and text. All rights reserved.

ALEXION, the ALEXION logo, and ONESOURCE, whether or not appearing in bold typeface or with the trademark symbol ® or ™, are trademarks of Alexion Pharmaceuticals, Inc.  Alexion’s trademarks are registered in the United States, European Union, and in other countries worldwide and may not be used without permission. Use, reproduction, copying, or redistribution of these trademarks is prohibited.

The use or misuse of these trademarks, copyrights, or other materials is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes, and/or regulations.

 

January 2018

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