easypod ® - Legal Statement

Legal Statement

LEGAL STATEMENT

Introduction

Use of Material

Acceptable Site Use

EMD Serono, Inc.'s Liability

Disclaimer of Consequential
Damages

Links to Other Web Sites

Limitation of Liability

1. Introduction
This page states the Terms and Conditions under which you may use www.easypodus.com (the
"Web Site"). Please read this page carefully. If you do not accept these Terms and conditions, do not
use this Web Site. By using this Web Site, you are indicating your acceptance to be bound by these
Terms and Conditions. EMD Serono, Inc. may revise these Terms and Conditions at any time by
posting an update to this page. You should visit this page periodically, because your continued use
of the Web Site following the posting of changes to these Terms and Conditions will mean you
accept those changes. The terms "you" and "user" as used herein refer to all individuals and/or
entities accessing the Web Site for any reason.

2. Use of Material
The site contains information intended for U.S. residents only. Products described may or may not
be available in other countries or regions of the world, may be available under different trademarks in
different countries and, where applicable, may be approved or cleared by a government regulatory
body for sale or use with different indications and restrictions in different countries. The contents of
this Web Site, such as text, graphics, images and other material ("Material"), are owned by EMD
Serono, Inc. and its licensors and vendors, and are protected by United States and foreign intellectual
property laws. Unauthorized use of the Material may violate copyright, trademark and other laws.
EMD Serono, Inc. authorizes you to view and download a single copy of the material on the Web
Site solely for your personal use, provided you retain all copyright and other proprietary notices
contained in the original Material on any copy you make of the Material. You may not sell or modify
the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any
way for any public or commercial purpose. The use of the Material on any other web site or in a
networked computer environment for any purpose is prohibited. You may not copy or adapt the
HTML or other code that EMD Serono, Inc. uses to generate its pages. This code is also protected
by EMD Serono, Inc.’s copyright.

EMD Serono, Inc. authorizes you to view and download a single copy of the material on the Web
Site solely for your personal use, provided you retain all copyright and other proprietary notices
contained in the original Material on any copy you make of the Material. You may not sell or modify
the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any
way for any public or commercial purpose. The use of the Material on any other web site or in a
networked computer environment for any purpose is prohibited. You may not copy or adapt the
HTML or other code that EMD Serono, Inc. uses to generate its pages. This code is also protected
by EMD Serono, Inc.’s copyright.

3. Acceptable Site Use
General Rules: You may not use the Web Site in order to transmit, distribute, store or destroy material
(a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark,
trade secret or other intellectual property rights of others or violate the privacy, publicity or other
personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Security Rules: You are prohibited from violating or attempting to violate the security of the Web Site
and from using the Web Site to violate the security of other web sites by any method, including, without
limitation, (a) accessing data not intended for you or logging into a server or account which you
are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measurers without proper authorization, (c) attempting to
interfere with service to any user of the Web Site, host or network, including, without limitation, via
means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or
"crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services,
or (e) forging any EMD Serono, Inc. packet header or any part of the header information in any
e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal
liability. EMD Serono, Inc. may investigate violations of these Terms and Conditions and may involve
and cooperate with law enforcement authorities in prosecuting users of the Web Site who are
involved in such violations.

Specific Prohibited Uses: EMD Serono, Inc. specifically prohibits any use of the Web Site, and you
agree not to use the Web Site, for any of the following:

distributing or otherwise publishing, without EMD Serono, Inc.’s approval, any material contain-
ing any solicitation of funds, promotion, advertising, or solicitation for goods or services;
soliciting other users of the Web Site to join or become members of any commercial online
service; or
deleting or revising any material posted by any other person or entity.

4. EMD Serono, Inc.’s Liability
The Material may contain inaccuracies or typographical errors. EMD Serono, Inc. makes no representations
about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The
use of the Web Site and the Material is at your own risk.We reserve the right, at our discretion, to
modify, add, or remove portions of the Web Site at any time without notice.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any
material placed by you on the Web Site. EMD Serono, Inc. DOES NOTWARRANT THAT THEWEB
SITEWILL OPERATE ERROR-FREE OR THAT THEWEB SITE AND ITS SERVER ARE FREE OF COMPUTER
VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THEWEB SITE OR THE
MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, EMD
SERONO, INC. IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASISWITHOUT ANYWARRANTIES
OF ANY KIND. EMD SERONO, INC., TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIMS ALLWARRANTIES,WHETHER EXPRESS OR IMPLIED, INCLUDING THEWARRANTY
OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. EMD
SERONO, INC. MAKES NOWARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.

5. Disclaimer of Consequential Damages
IN NO EVENTWILL EMD SERONO, INC., ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED
ON THEWEB SITE BE LIABLE FOR ANY DAMAGESWHATSOEVER (INCLUDING,WITHOUT
LIMITATION, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR
DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM
THE USE OR INABILITY TO USE THEWEB SITE OR THE MATERIAL,WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, ANDWHETHER OR NOT EMD
SERONO, INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Links to Other Web Sites
The Web Site may contain links to third party Web sites. These links are provided solely as a convenience
to you and not as an endorsement by EMD Serono, Inc. of the contents on such third-party
Web sites. EMD Serono, Inc. is not responsible for the content of linked third-party sites and does not
make any representations regarding the content or accuracy of materials on such third-party sites. If
you decide to access linked third-party sites, you do so at your own risk. EMD Serono, Inc. cannot
ensure that you will be satisfied with any products or services that you purchase from a third-party
site that links to or from EMD Serono, Inc., since these sites are owned and operated by independent
retailers. EMD Serono, Inc. does not endorse any of the merchandise, nor has EMD Serono, Inc.
taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party
sites. EMD Serono, Inc. does not make any representations or warranties as to the security of
any information (including, without limitation, credit card and other personal information) you might be
requested to give any third party, and you hereby irrevocably waive any claim against us with respect
to such sites.We strongly encourage you to make whatever investigation you feel necessary or
appropriate before proceeding with any online or
off-line transaction with any of these third parties.

7. Limitation of Liability
The aggregate liability of EMD Serono, Inc. to you for all claims arising from the use of the Materials is
limited to $100.

8. Termination
EMD Serono, Inc. reserves the right, at its sole discretion, to immediately terminate your ability to
access the Web Site and/or any other service provided to you by EMD Serono, Inc., upon any breach
by you of these Terms and Conditions.

9. Indemnity
You agree to defend, indemnify, and hold harmless EMD Serono, Inc., its officers, directors, employees
and agents, from and against any claims, actions or demands, including without limitation reasonable
legal and accounting fees, alleging or resulting from your use of the Material or your breach of
the terms of these Terms and Conditions. EMD Serono, Inc. will provide notice to you promptly of any
such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit,
or proceeding.

10. General
EMD Serono, Inc. makes no claims that the Materials may be lawfully viewed or downloaded outside
of the United States. Access to the Materials may the Web Site from outside of the United States,
you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
These Terms and Conditions are governed by the internal substantive laws of the commonwealth of
Massachusetts, without respect to its conflict of laws principles. Jurisdiction of any claims arising
under hese Terms and Conditions will lie exclusively with the state or federal courts within Boston,
Massachusetts. If any provision of these Terms and Conditions is found to be invalid by any court
having competent jurisdiction, the invalidity of such provision will not affect the validity of the
remaining provisions of these Terms and Conditions, which will remain in full force and effect. No
waiver of any provision of these Terms and Conditions will be deemed a further or continuing waiver
of such provision or any other provision. Except as expressly provided in an end user software
license, or in a "Legal Notice" or other statement by EMD Serono, Inc. on the Web Site, these Terms
and Conditions constitute the entire agreement between you and EMD Serono, Inc. with respect to
the use of Web Site. No changes to these Terms and Conditions may be made except by a revised
posting on this page.

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