Legal Statement and Terms of Use

Welcome to the ENTELLIGENCE Web site (hereinafter the “the Site”). The following Terms of Use for the Site is a legal contract between you (an individual visitor or user of at least 18 years of age) and ENTELLIGENCE regarding your use of the Site. Visitors and users of the Site are referred to individually as “User” and collectively as “Users.”

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY ACCESSING, BROWSING, OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS OF USE").

1. Eligibility. By using the Site, you represent that you are at least 18 years of age and have not been previously suspended or removed from the Site by ENTELLIGENCE. THIS SITE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE BY ENTELLIGENCE.

2. Modification of Materials on Site. Efforts have been made to include accurate and up-to-date information on this Web site. However, ENTELLIGENCE makes no warranties or representations, express or implied, as to the accuracy or completeness of the information contained or referenced therein and disclaims any liability for the use of this site or any site linked to it or the content thereof. ENTELLIGENCE reserves the right, at its discretion, to change, modify, add, or remove portions of the Site at any time and without notice. Please check the Site periodically for changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes.

3. Ownership; Proprietary Rights. The Site is owned and operated by ENTELLIGENCE. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software and all other elements of the Site provided by ENTELLIGENCE (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Site are the property of ENTELLIGENCE or its affiliates and/or third-party licensors. ENTELLIGENCE hereby grants you a nontransferable, nonexclusive license to use the information and other Materials contained on the Site solely for your own personal noncommercial use and information. You may download and/or print a single copy of any of the Materials contained herein for your personal use; however, you shall not otherwise reproduce, display, publish, distribute, sell, license, modify, publicly perform, transmit, publish, edit, adapt, create derivative works from, or incorporate the Materials into other documents, Web sites, or publications or otherwise make unauthorized use of the Materials. ENTELLIGENCE reserves the right to modify, in part or in whole, or temporarily or permanently discontinue or remove any Materials from the Site, at any time without notice to you, and without liability to you. All trademarks, logos and service marks displayed on the Site, whether registered or unregistered, are owned exclusively by ENTELLIGENCE or its affiliates and/or other third parties. Nothing contained in these Terms of Use, nor your use of the Materials, shall be construed as granting you any license or right in or to any trademark, logo, or service mark. ENTELLIGENCE reserves all rights not expressly granted in this Terms of Use.

4. Prohibited Conduct.

BY USING THE SITE YOU AGREE NOT TO:

4.1 use the Site for any purposes other than to access information offered by ENTELLIGENCE;

4.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials;

4.3 impersonate any person or entity, falsely claim an affiliation with any person or entity, forge another person's digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity;

4.4 delete the copyright or other proprietary rights on the Site;

4.5 use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

4.6 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site;

4.7 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or

4.8 intentionally interfere with or damage operation of the Site or any User's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

5. Third-Party Sites, Products and Services; Links. The Site may include links or references to other external Web sites or services solely as a convenience to Users ("Reference Sites"). Links on Reference Sites may lead to resources located on servers maintained by third parties over whom ENTELLIGENCE has no control. ENTELLIGENCE does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.

6. Termination. You agree that ENTELLIGENCE, in its sole discretion, for any or no reason, and without penalty, may terminate your use of and access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or portion thereof may be effected without prior notice, and you agree that ENTELLIGENCE will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies ENTELLIGENCE may have at law or in equity.

7. Indemnification. You agree to indemnify, save, and hold ENTELLIGENCE, its affiliates, contractors, employees, agents and its partners, licensors and suppliers from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Site, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you herein. ENTELLIGENCE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify ENTELLIGENCE, and you agree to cooperate with ENTELLIGENCE's defense of these claims. ENTELLIGENCE will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

8. Limitation of Liability and Damages. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ENTELLIGENCE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, COMMITTEE MEMBERS, PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR ON ANY OTHER LEGAL THEORY ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SITE OR ANY REFERENCE SITES OR ANY MATERIALS CONTAINED ON THIS SITE.

9. Miscellaneous. These Terms of Use constitute the entire agreement between you and ENTELLIGENCE and govern your use of the Site, superseding any prior agreements between you and ENTELLIGENCE (including, but not limited to, any prior versions of the Terms of Use) and any prior representations by ENTELLIGENCE. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles. The failure of ENTELLIGENCE to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought against ENTELLIGENCE and its affiliates, contractors, employees, agents, committee members, partners, licensors or suppliers, arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings and titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Copyright © 2009 ENTELLIGENCE, Actelion Pharmaceuticals US, Inc. All rights reserved. The text, images, graphics, sound files, and their arrangement on this Web site are all subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified or posted to other sites.