4. Trademarks

All product names, logos, and service marks displayed on the Site that are identified by ® or ™ or appearing in type form different from that of the surrounding text (collectively, the “Trademarks”) are registered or unregistered trademarks owned by or licensed to Sofregen or our affiliates, unless otherwise identified as being owned by another entity. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right, either express or implied, under any patent or Trademark of Sofregen or any third party. No use of any Trademark may be made without our prior written authorization, except to identify the product or services of the company.

5. User Responsibility

Each person assumes full responsibility and all risks arising from use of the Site.

IN NO EVENT SHALL ANY OF SOFREGEN, OUR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, 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 OR USE OF THE SITE, REGARDLESS OF WHETHER SOFREGEN OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. This includes damages to, or for viruses that may infect your computer equipment.

IF YOU RELY ON THIS SITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE.

Without limiting the foregoing, everything on the Site is provided to you “AS IS” AND SOFREGEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE SITE.

SOFREGEN HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

SOFREGEN MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO THE SITE WILL BE AVAILABLE ON A TIMELY BASIS, WILL BE UNINTERRUPTED, OR THAT THE INFORMATION CONTAINED ON THE SITE WILL BE TIMELY OR ERROR FREE.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. To the extent that Sofregen may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Sofregen’s liability will be equal to the minimum permitted under such applicable law.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SOFREGEN, ITS AFFILIATES, AGENTS, VENDORS AND LICENSORS, AND THEIR RESPECTIVE EMPLOYEES, OWNERS AND REPRESENTATIVES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY BREACH BY YOU OF THIS AGREEMENT OR YOUR USE OF THIS SITE, TO THE FULLEST EXTENT ALLOW BY LAW.

You further agree that any claim related to this Site must be filed within one year after it arises.

6. Proprietary Information

Any communication or material that you transmit to, or post on, this Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is, and will be treated as, non-confidential and nonproprietary information, and Sofregen shall have no obligation of any kind with respect to such information. Sofregen and any of our affiliates may use such information for any purpose whatsoever in accordance with applicable laws and regulations, including, but not limited to, the following purposes: reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and any of our affiliates shall be free to use such information, including, but not limited to, any ideas, concepts, know-how, or techniques contained therein, for any purpose whatsoever, including, but not limited to, researching, developing, manufacturing, and marketing products incorporating such information. Please consult our Privacy Statement for more information.

7. Links to other Web sites

You are free to establish a hypertext link to this Site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by Sofregen. Without the prior written permission of Sofregen, you may not frame or scrape any of the content on the site nor incorporate into another website or other service any intellectual property of Sofregen.

Links To Sofregen’s Website. Sofregen encourages other websites to link to this Site, provided that these links comply with the guidelines set forth herein. Links to this Site from other sites should be text-only and may not include Sofregen’s logo or other intellectual property. We strictly prohibit any suggestions of Sofregen endorsement or recommendation of a specific company, product, or service.

8. Jurisdiction

These Terms, as well as any claim that might arise under these Terms, will be governed by the laws of the state of California. Use of this Site implies and is subject to the consent to the laws of the United States and exclusively in the jurisdiction of the courts in the state of California, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the California courts for the purpose of litigating all such claims.

Nothing contained on the Site should be construed as solicitation or promotion for any product or for the use of any product in a way which is not authorized by the country in which the reader is physically located. This Site provides information about products or uses that may not be available in particular countries. Some of the products mentioned may in certain countries be approved or cleared by regulatory authorities for sale or use with different indications, dosages, and restrictions.

9. Forward-Looking Statements

This Site contains information that is forward-looking and involves risks and uncertainties, including, without limitation, risks and uncertainties of research and development, clinical development, regulatory approvals and the regulatory process, our reliance on third-party manufacturers, product commercialization, competition, patents, product liability, and third party reimbursement, and other risks and uncertainties detailed from time to time in our periodic reports filed with the Securities and Exchange Commission. Actual results may differ materially from such forward-looking information.

10. Reservation of Rights

Sofregen reserves the right to alter or delete material from this Site at any time without notice. Please check often for updates, as we reserve the right, in our sole discretion, to modify these Terms of Use at any time, and your use of the Site indicates your acceptance of any revisions to these terms.

Sofregen’s failure to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is unlawful, void, or unenforceable, then it shall be severed and shall not affect the validity and enforceability of any Terms of Use. If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.

Sofregen may assign its ownership, control, or other rights to any party at any time without any notice to you. Your rights and duties cannot be assigned without Sofregen’s written consent. Nothing in these Terms of Use provides any third party with any remedy, claim, or cause of action.

Updated: October 4, 2017