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Terms of Use

Introduction

Amylin Pharmaceuticals, Inc. created and maintains this web site to provide information to and communicate better with patients, physicians, investors, and others who may be interested in learning more about Amylin and the products and services it offers. You may use this web site, provided you comply with these terms of use.

Your Acceptance of These Terms of Use

Please take a few minutes to carefully review these terms of use. By accessing and using this web site you agree to follow and be bound by these terms of use. If you do not agree to follow and be bound by these terms of use, you may not access, use or download materials from this web site.

These Terms of Use May Change

Amylin reserves the right to update or modify these terms of use at any time without prior notice. Your use of this web site following any such change constitutes your agreement to follow and be bound by the terms of use as changed. For this reason, we encourage you to review these terms of use every time you use this web site. These terms of use were last revised on March 1, 2005.

Legal Notices

The content in this web site is not intended to provide medical advice or to provide instructions on the use of our products or drug candidates, and should not be relied upon as the basis of any healthcare decision. The content is not intended to replace informed medical advice from your qualified healthcare provider regarding any questions or concerns you may have about your health or about the potential beneficial uses and possible adverse effects of any healthcare product.

Nothing in this web site constitutes or is intended to constitute an invitation or offer to invest in the securities of Amylin Pharmaceuticals, Inc.

AMYLIN®, BYETTA®, SYMLIN® are registered trademarks of Amylin Pharmaceuticals, Inc. All other trademarks are the property of their respective owners.

Forward-Looking Statements

The content in this web site may contain forward-looking statements. Any statements about our expectations, beliefs, plans, objectives, assumptions or future events or performance are not historical facts and may be forward-looking. These statements are often, but not always, made through the use of words or phrases such as "anticipate," "estimate," "plan," "project," "continuing," "ongoing," "expect," "will," "could," "may," "management believes," "we believe," "we intend" and similar words or phrases. Accordingly, these statements involve estimates, assumptions and uncertainties which could cause actual results to differ materially from those expressed in them. Any forward-looking statements are qualified in their entirety by reference to the following key factors that could cause actual results to differ materially from the forward-looking statements:
  • scientific and technological uncertainties regarding our products or drug candidates;
  • risks and uncertainties regarding the adequacy of our clinical trial processes and whether the results of those clinical trials will be adequate to support regulatory filings and/or approvals;
  • risks associated with timing of clinical trials for our drug candidates;
  • risks associated with timing of regulatory approval of our drug candidates by the U.S. Food and Drug Administration, or FDA, and other regulatory agencies;
  • developments or changes in our relationships with current or future collaborative partners;
  • our ability to raise additional needed capital or consummate strategic or corporate partner transactions on favorable terms or at all; and
  • dependence on third party service providers and manufacturers of our products.

Because the factors referred to above could cause actual results or outcomes to differ materially from those expressed in any forward-looking statements made by us or on our behalf, you should not place undue reliance on any forward-looking statements. You should read these factors and the other cautionary statements we make as being applicable to all related forward-looking statements that we make in this web site. Further, any forward-looking statement speaks only as of the date on which it is made. New factors emerge from time to time, and it is not possible for us to predict which factors will arise. Moreover, additional risks and uncertainties that we are unaware of or that we currently deem immaterial also may become important factors that affect our company. We undertake no obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise. In addition, we cannot assess the impact of each factor on our business or the extent to which any factor, or combination of factors, may cause actual results to differ materially from those contained in any forward-looking statements.

Updates

The information contained in this web site was current as of the date such information was posted. The information contained in each press release included in this web site was current as of the date of that press release. We intend to provide updates to information on this web site, as appropriate. In advance of such updates, please send inquiries about the existence of more current, publicly available information on a particular subject to webmaster@amylin.com.

We will do our best to respond to all inquiries, but cannot guarantee that we will be able to provide a timely answer to any particular inquiry.

Your License to Use this Web Site is Limited

Subject to the terms and conditions of this agreement, Amylin grants you a non-exclusive, non-transferable, limited right to access, use and display this web site and its content. You agree not to interrupt or attempt to interrupt the operation of this web site in any way.

Amylin authorizes you to view and download the content of this web site only for your personal, non-commercial use. This authorization is not a transfer of title in the content or copies of the content and is subject to the following restrictions: 1) you must retain, on all copies of any content downloaded, all copyright and other proprietary notices contained in the content; 2) you may not modify the content in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the content to any other person unless you give them notice of, and they agree to accept, the obligations arising under this agreement. You agree to abide by all additional restrictions displayed on the web site as it may be updated from time to time. Except as expressly provided herein, Amylin does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Disclaimer

THIS WEB SITE AND ITS CONTENT MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. AMYLIN DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THIS WEB SITE OR THE CONTENT OR THE RELIABILITY OF ANY STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. AMYLIN RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEB SITE OR THE CONTENT. AMYLIN MAY MAKE ANY OTHER CHANGES TO THE WEB SITE, THE CONTENT, AND THE PRODUCTS, PROGRAMS, SERVICES (IF ANY) DESCRIBED IN THE WEB SITE AT ANY TIME WITHOUT NOTICE.

THIS WEB SITE, AND THE CONTENT MADE AVAILABLE ON THIS WEB SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Third Party Sites

As a convenience to you, Amylin may provide, on this web site, links to web sites operated by other entities. If you use these sites, you will leave this web site. If you decide to visit any linked web site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Amylin makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Amylin or this web site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked web site is authorized to use any trademark, trade name, logo or copyright symbol of Amylin or any of its affiliates or subsidiaries.

Information Provided By You

Any "personal information" you voluntarily provide to Amylin via this web site is protected by the Privacy Policy associated with this web site. In addition, Amylin does not want you to, and you should not, send any confidential or proprietary information to Amylin via this web site. You agree that any such information or materials that you or individuals acting on your behalf provide to Amylin will not be considered confidential or proprietary. By providing any such information or materials to Amylin, you grant to Amylin an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that Amylin is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Amylin. You further recognize that Amylin does not want you to, and you warrant that you shall not, provide any information or materials to Amylin that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Limitations of Damages

IN NO EVENT SHALL AMYLIN, ITS AFFILIATES, OR ANY OF ITS SUBSIDIARIES OR CORPORATE PARTNERS BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THIS WEB SITE OR ANY LINKED WEB SITE, EVEN IF AMYLIN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

International Users and Choice of Law

This web site is controlled, operated and administered by Amylin from its offices within the United States of America. Amylin makes no representation that the content at this web site is appropriate or available for use at other locations outside of the United States, and access to the content from territories where it is illegal is prohibited. You may not use this web site or export the content in violation of U.S. export laws and regulations. If you access this web site from a location outside of the United States, you are responsible for compliance with all local laws. These Terms of Use shall be governed by the laws of the State of California, without giving effect to its conflict of laws provisions.

Entire Agreement

These Terms of Use, including any other notices and policies contained in this web site, constitutes the entire agreement between Amylin and you with respect to your use of this web site and the content at this web site. Any cause of action you may have with respect to your use of this web site or the content must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the agreement, and the remainder of this agreement shall continue in full force and effect.