Who NOSE the nasal way to help prevent the flu?
TERMS & CONDITIONS
Revised August 2009
MedImmune, LLC. provides the materials on this website for general informational, educational, and disease awareness
purposes. Although accessible by others, the website and its content are intended strictly for access and use by U.S.
residents only.
Please carefully read these Terms and Conditions that apply to your access and to the use of the website. By accessing
or using the website, you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these
Terms and Conditions, please discontinue access and use of the website. We reserve the right to revise these Terms and
Conditions We may, in our sole discretion, terminate your access to the website at any time and without notice, including,
without limitation, due to any violation by you of these terms and conditions.
The website contains information concerning MedImmune and its products and services including FluMist® and others
and general information regarding health conditions MedImmunes' products treat that may be useful to our customers,
patients, investors, employees and shareholders as well as potential employees and the general public. MedImmune makes
no representations or warranties and assumes no responsibility or liability as to the accuracy, completeness,
reliability or usefulness of any information contained on the website. Further, MedImmune expressly disclaims any
obligation to update or correct information contained on the website and explicitly disclaims any duty to do so.
MedImmune assumes no liability or responsibility for any errors or omissions in the content of the website. MedImmune
reserves the right to make additions, deletions or modifications to the information or materials on the website at any
time and in any way without notice.
Modifications to These Terms & Conditions
MedImmune may modify these Terms & Conditions or any portion of them at any time and in any way with or without
notice to you by updating this posting. Your use of this website is subject to any such revisions and you should
periodically visit this page to review the current Terms and Conditions that apply to your use of this website.
Your continued access to or use of this Site and/or any services offered through it shall be your conclusive acceptance of
these Terms & Conditions, including any modifications.
The Website Does Not Provide Medical Advice or Instructions on Product Use
The information presented on this website is not intended to provide medical advice or to provide instructions on the
use of our products, and should not be relied upon as the basis of any health-care decision. This information is not
intended to replace informed medical advice from your qualified health-care provider regarding any questions or concerns
you may have about your health or about the potential beneficial uses and possible adverse effects of any health-care
product.
Forward Looking Statements
The statements in this website that are not descriptions of historical facts may be forward-looking statements. Those
statements involve substantial risk and uncertainties. You can identify those statements by the fact that they contain
words such as "anticipate," "believe," "estimate," "expect," "intend," "project" or other terms of similar meaning. These
statements reflect beliefs of management that were current at the time they were made and were based on numerous
assumptions which MedImmune cannot control and which may not develop as MedImmune expects. Consequently, actual results
may differ materially from those projected in the forward-looking statements. Among the factors that could cause actual
results to differ materially are: Seasonal or other varying demand for and continued supply of our principal products;
availability of competitive products in the market; availability of third-party reimbursement for the cost of our products;
effectiveness and safety of our products; exposure to product liability, intellectual property or other types of
litigation; foreign currency exchange rate fluctuations; changes in generally accepted accounting principles; growth in
costs and expenses; the impact of acquisitions, divestitures and other unusual items; and the risks, uncertainties and
other matters discussed elsewhere in this website and in our periodic reports filed with the U.S. Securities and Exchange
Commission. MedImmune cautions that RSV season usually starts in the fall and continues into spring; MedImmune believes its
operating results will reflect that seasonality for the foreseeable future. MedImmune is also developing several products
for potential future marketing. There can be no assurance that such development efforts will succeed, that such products
will receive required regulatory clearance or that, even if such regulatory clearance were received, such products would
ultimately achieve commercial success.
Limited Right of Use/Ownership of Contents
All content of the MedImmune website is protected to the fullest extent possible by U.S. and international copyright,
trademark and all other applicable intellectual property laws and is owned or controlled by MedImmume or a party credited
as the provider of specific content. You may not copy, modify, adapt, upload, download, post, transmit, republish
translate, exhibit, display, perform, distribute, participate in the transfer or sale of, create derivative works from,
reverse engineer, decompile or dissemble or in any way exploit any of the content, including without limitation the HTML
or other software instructional code, contained in, or forming part of, our website, in whole or in part, without our prior
written permission except for your own personal, non-commercial purposes. Nothing contained in this website shall be
construed as granting a license or other rights under any patent, trademark, copyright or other intellectual property of
MedImmune or any third party. Please be advised that MedImmune actively enforces its intellectual property rights to the
fullest extent allowed by applicable laws.
FluMist® is a registered trademark of MedImmune, LLC. All other registered trademarks and trademarks are property
of their respective owners.
Limited Rights Regarding User-Posted Content
MedImmune is not responsible for the content of any communication submitted or posted to any features publicly viewable
on the website, such as blogs or other interactive content, nor do we guarantee the truthfulness, accuracy or validity of
any posted communication. Any action you take or do not take based upon information posted to the website's interactive
features, including, but not limited, to medical, investment, trading, employment or other decisions, is done at your own
risk.
Any interactive features on the website are intended to facilitate open communication and discourse. By submitting
communications or content to any interactive part of this website, you agree that such submission is non-confidential for
all purposes. However, you shall not submit any communication or content that infringes or violates any right of any
party, including communications that are defamatory, harassing, threatening, obscene, pornographic, invasive of privacy,
illegal or otherwise encourages illegal activity, would violate the rights of others or give rise to liability. We
reserve the right (but assume no obligation) to monitor any submissions or postings and delete, move or edit any content
that we consider inappropriate or unacceptable for any reason. We reserve the right to republish any material contributed
by website visitors. By posting a message in any public area of the Site or submitting any correspondence to us, you
expressly grant us a global nonexclusive license to publish, reproduce, sell, disclose, distribute or use such material
for any purpose whatsoever. You hereby further grant us the global nonexclusive right to use any ideas, concepts or
techniques embodied in such materials for any purpose whatsoever. In addition, you hereby waive any and all moral rights
you may have in any such materials. Further, you hereby authorize us to edit and otherwise modify any such material
prior to our use, publication, distribution, sale, reproduction or disclosure thereof. You also agree that all such
material will be deemed to be provided to us on a non-confidential and non-proprietary basis. Material that is copyright
protected may not be submitted without permission from the copyright owner, and you are solely responsible for the failure
to obtain any such permission. As further explained in our privacy policy, we will also comply with any legal requests
to disclose any submissions, communications or postings to others, including to law enforcement agencies and your
information may be otherwise be used or disclosed consistent with the privacy policy.
No Offer to Invest or Deal in Securities
Nothing on this website constitutes or is intended to constitute an invitation or offer to invest or deal in the
securities of MedImmune.
Third Party Sites and Linking
We have provided links to certain other third party websites merely as a convenience for users of the MedImmune, LLC.
website. These websites are maintained on third party servers and are not under the control of MedImmune. We do not
control the material on such third party websites. Access to such third party websites is at the user's own risk and
MedImmune is not responsible for its accuracy or reliability. Inclusion of such links to third party websites does not
constitute an endorsement, approval, or guarantee the accuracy of the contents of any linked websites, including any of
the opinions and predictions of any financial analysts with respect to MedImmune or any of its securities. We expressly
disclaim any responsibility for the content of any third party websites linked to our website. We urge you to use
discretion when you access any third party websites linked to our website.
Privacy
Personal information you provide to us is subject to our Privacy Policy, as updated from time to time, which is
available at http://www.medimmune.com/privacy_policy.aspx.
Indemnification
By accessing and/or using the Website, you agree to indemnify, defend and hold MedImmune, our subsididaries,
affiliates and parents, and their respective officers, directors, employees, members, agents, representatives, business
partners, information providers, licensors and licensees and their respective heirs and assigns (collectively, the
"Indemnified Parties") harmless from and against any and all liability and costs, including, without limitation, reasonable
attorneys fees and expenses, incurred by the Indemnified Parties in connection with any claim arising out of, or breach by
you of, these Terms of Use or from your unauthorized use of this website. You agree to cooperate as fully as reasonably
required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement that affects
the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written
approval.
Disclaimer of Warranties and Liability
THE CONTENT ON THE MEDIMMUNE, LLC. WEBSITE IS PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND MEDIMMUNE MAKES
NO REPRESENTATIONS OR WARRANTITES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE,
INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
NON-INFRINGEMENT. MEDIMMUNE MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO THE WEBSITE WILL BE AVAILABLE ON A
CONTINUOUS BASIS, WILL BE UNINTERRUPTED, OR THAT THE INFORMATION CONTAINED ON THE WEBSITE WILL BE TIMELY, COMPLETE OR
ERROR FREE.
EACH PERSON ASSUMES FULL RESPONSIBILITY AND ALL RISKS ARISING FROM ACCESS AND USE OF THE WEBSITE. IN NO EVENT SHALL ANY
OF MEDIMMUNE, OUR SUBSIDIARIES, AFFILIATES AND PARENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS,
AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS BE
LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY, SPECIAL (INCLUDING LOSS OF PROFIT), PUNITIVE OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE,
ACCESS OR USE OF THE WEBSITE OR THE INABILITY TO USE OR LOSS OF DATA CONTAINED WITHIN THE WEBSSITE, REGARDLESS OF WHETHER
MEDIMMUNE OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, MEDIMMUNE'S LIABILITY, AND THAT
OF ITS SUBSIDIARIES, AFFILIATES OR PARENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES,
BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS IS LIMITED TO THE FULLEST
EXTENT ALLOWED BY SUCH STATES' LAWS.
We do not warrant that the functions or informational materials contained in or accessed through out website are free of
computer viruses or other harmful components. Although we make a good faith effort to update the content of our website
periodically, we do not have a duty to update information contained in our website, and we will not be liable for any
failure to update such information.
MedImmune assumes no responsibility or liability arising from the content of the website nor for any error, defamation,
libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information
within the website or accessed through the website.
Miscellaneous
These terms and conditions constitute the entire agreement between you and MedImmune and govern your use of the website
and any information or services offered on the website. This agreement supersedes any prior terms of use or other
agreements between you and MedImmune concerning use of this website.
These terms and conditions are governed by and shall be construed in accordance with the laws of the State of Maryland
without regard to its conflict of law provisions. By accessing or using this Site, you agree to submit to the personal and
exclusive jurisdiction of the federal and state courts located within the State of Maryland for resolution of any disputes
arising out of or relating to these terms and conditions or your use of the website. You agree that, except as expressly
provided herein (and other than MedImmune and its affiliates), there shall be no third party beneficiaries of these Terms
of Use.
The failure by us to exercise or enforce any right or provision of these terms and conditions shall not constitute a
waiver of such right or provision, and no waiver shall be enforceable unless in writing and signed by the party against
whom enforcement is sought.
If any portion of this Agreement is held to be unenforceable, the unenforceable portion will be construed in accordance
with the relevant law to as nearly as possible reflect the original intentions of the parties and the remainder of the
agreement will be enforced as written.
Updated August 2009