Terms Of Use

Opna Bio maintains the Website for your personal information, education, and communication. You may not, for any reason, distribute, modify, duplicate, transmit, reuse, repost, or use the content of the Website for public or commercial purposes, including the text, images, audio, and video without Opna Bio’s prior written permission.

I. USE OF THE WEBSITE AND WEBSITE CONTENT

YOUR RIGHT TO USE THE WEBSITE

Subject to the terms and conditions in these Terms of Use (and any terms applicable to your use of third-party software), we grant you a nonexclusive, nontransferable, limited right to access, use, and display the Website and the copyrighted text, software, music, videos, graphics, photos, interactive features, logos, trademarks, and other proprietary materials and information provided hereon (collectively, “Website Content”), subject to the limitations set out below.

HEALTH RELATED INFORMATION/ MEDICINAL PRODUCTS

The Website Content is for general information purposes only relating to Opna Bio’s products, business and technology, and therapeutics areas in which Opna Bio is active. The pharmaceutical products listed on this Website are investigational drugs and are therefore not available for sale. A reference to a product or service on this Website does not imply that such product will ever be available in your country. THE INFORMATION CONTAINED ON THIS WEBSITE IS NOT INTENDED TO PROVIDE OR REPLACE MEDICAL ADVICE, OR TO PROMOTE IN ANY MANNER ANY OF ADCT’s DRUGS AND ITS GROUP OF COMPANIES. SHOULD YOU HAVE A MEDICAL CONDITION, PROMPTLY SEE YOUR OWN MEDICAL DOCTOR OR HEALTH CARE PROVIDER. WE DO NOT OFFER PERSONALIZED MEDICAL DIAGNOSIS OR PATIENT-SPECIFIC TREATMENT ADVICE. You should always obtain complete medical information about your conditions and medicines (including their beneficial medical uses and possible adverse effects) by discussing the appropriate use of any medicine(s) directly with your prescribing physician or, where appropriate, other medical advisor. Patients, physicians and other medical professionals should check with local medical resources and regulatory authorities for information appropriate to their country. In addition, current regulations in many countries limit or even prohibit in some instances the ability of Opna Bio to provide information and/or to respond directly to patient questions regarding its products. Opna Bio, however, will respond to inquiries from and provide information to Your qualified health care professional in accordance with local regulations.

LIMITATIONS ON USE OF WEBSITE

The rights granted to you under these Terms of Use with respect to the use of the Website are subject to the following limitations:

• You agree not to distribute in any medium any part of the Website or Website Content without our prior written consent.
• You agree not to alter or modify any portion of the Website or Website Content except for content that you provide to the Website or Website Content that is designated as editable by visual indications on the Website.
• You agree not to copy, reproduce, distribute, display portions of, or link to this Website or any Website Content contained hereon for commercial purposes without our prior express written consent (including, but not limited to, the sale of advertising on the Website, or the use of the Website to generate advertising or subscription revenue).
• You agree to use the Website and the Website Content only for lawful, personal, and informational purposes, and you agree that you will not use the Website in any manner which violates any applicable local, state, national, or international law, or the intellectual property or proprietary rights of any third party.
• You agree not to interrupt or attempt to interrupt the operation of the Website. You agree not to use the Website in any manner designed to degrade the performance or functioning of the Website, including, without limitation, launching Denial-of-Service attacks against the Website. You agree not to post or transmit into or on the Website any information or software that contains a virus, bug, worm, Trojan horse, or other harmful or disruptive element. You agree not to use any automated tool, such as a web scraping tool, a bot or web robot, or web automation, to mine the Website for information or to fill out forms on the Website. You also agree that the web and email servers maintained by Opna Bio and the emails associated with the domain cannot be used for the delivery of unsolicited bulk email or for any malicious or unlawful purpose.
• You agree not to post or transmit into or on the Website any unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene, or otherwise objectionable or harmful information of any kind.
• You will not attempt to gain unauthorized access to the Website or the servers and network associated with the Website. You will not circumvent or attempt to circumvent any security or access control technology implemented on the Website, or the servers and network associated with the Website.
• You should assume that everything you see or read on this Website may not be used except as provided in these Terms of Use or in the text on the Website, without the written permission of Opna Bio. Opna Bio reserves the right to suspend or discontinue access to all or any portion of the Website at any time. Without limiting the preceding sentence, we reserve the right to limit or deny you access to the Website or take other appropriate action if you violate these Terms of Use or engage in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful, or malicious. Except as otherwise permitted herein, you may not reproduce, distribute, modify, copy, publish, display, transmit, adapt, upload, create derivative works of, post, or in any way exploit the Website or the Website Content in any manner or for any purpose.

OWNERSHIP AND COPYRIGHT PROTECTION

The Website and all Website Content contained thereon is protected by copyright as a collective work under United States copyright laws, and is owned or controlled by, or licensed to, Opna Bio or the party listed as the provider of the applicable Website Content. The Website and all Website Content is provided “as is” solely for your personal use and informational purposes. UNAUTHORIZED COPYING, REPRODUCTION, DISTRIBUTION, MODIFICATION, PUBLISHING, DISPLAY, ADAPTING, UPLOADING, CREATING DERIVATIVE WORKS, POSTING, OR TRANSMITTING OF ANY OF THE WEBSITE CONTENT IS PROHIBITED. Opna Bio reserves all rights not expressly granted in and to the Website and the Website Content on behalf of itself or its licensors. In downloading any materials from the Website in accordance with the limited rights granted under these Terms of Use, you agree to maintain and abide by all copyright, trademark, and other notices contained in such Website Content, or if none, you agree to abide by the following copyright and trademark notice with respect to such downloaded materials: Any communication or material you transmit to the Website, such as questions, comments, suggestions or the like, will be owned by Opna Bio. The materials of this Website are protected by Copyright and Trademark Laws of the United States, Switzerland and other countries and are owned by, or licensed to, Opna Bio. All content of this Website is owned or controlled by Opna Bio. You may download content only for your personal use for non-commercial purposes but no modification or further reproduction of the content is permitted. The contents of the Website, including any images, text, executable code, and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, reposted, or otherwise used except as provided herein without the express prior written permission of the Opna Bio Legal Department. Opna Bio neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with Opna Bio.

COOKIES

Periodically, some pages on this Website may use “cookies,” which are small files that the Website places on your hard drive for identification purposes. These files are used for Website registration and customization the next time you visit us. You should note that cookies cannot read data off of your hard drive. Your web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. You can also refuse all cookies by turning them off in your browser. By not accepting cookies, some pages may not fully function and you may not be able to access certain information on this Website.

DMCA POLICY

Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.

Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Website or the exact location where such material may be found.

Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent or the law (e.g. as a fair use)”.

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Opna Bio’s Designated Copyright Agent.

DMCA NOTICE OF ALLEGED INFRINGEMENT (“NOTICE”)

Opna Bio respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, Opna Bio will respond expeditiously to claims of copyright infringement committed using the Opna Bio Website if such claims are reported to Opna Bio’s Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by completing the following DMCA Notice of Alleged Infringement and delivering it to Opna Bio’s Designated Copyright Agent. Upon receipt of Notice as described below, Opna Bio will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Website.

USE OF IMAGES

Images of people or places displayed on the Website are either the property of, or used with permission by, Opna Bio. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. No use of any other images may be made without the prior written authorization of the owners of this Website, except to identify the products or services of Opna Bio.

TRADEMARKS

Opna Bio’s logo is a trademark of Opna Bio. In addition, all trademarks, trade names, logos, taglines, service marks, trade dress, designs, and products (collectively the “Trademarks”) displayed on this Website, whether marked or unmarked, are US and internationally registered and/or unregistered Trademarks of Opna Bio or their respective owner. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Website other than display of the Website in a browser for individual use without the written permission of Opna Bio or such third party that may own the Trademarks displayed on the Website. Your use of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms of Use, is strictly prohibited. Other marks, product names, and company names appearing on the Website are trademarks and/or service marks of Opna Bio and/or their respective owners and are protected by law. Opna Bio marks may be used publicly only with permission from Opna Bio. Fair use of the trademarks and service marks requires proper acknowledgment in accordance with the above copyright and trademark notice.

LINKS TO OTHER WEBSITES

Links may appear on the website to third party website(s) which are not owned or operated by Opna Bio (“Linked Websites”). These links are provided solely as a courtesy to our website visitors. Opna Bio reserves the right to add, change, decline, or remove any link at any time. Each Linked Website may have an individual privacy policy and/or terms of use, which govern your use of and access to such Linked Website, and we recommend that you review the policies applicable to the Linked Website prior to your use of such Linked Website. Opna Bio is not responsible for and does not endorse or warrant in any way any materials, information, goods, or services available through Linked Website or any privacy or other practices of such Linked Website.

LIMITED PERMISSION FOR LINKING TO THIS WEBSITE

If you link to Opna Bio’s Website, you agree that you:

• May link to, but not replicate, Opna Bio Website content
• Shall not frame or otherwise create a browser or border environment around Opna Bio Website content
• Shall not imply that Opna Bio is endorsing you or your products
• Shall not misrepresent you or your website’s relationship with Opna Bio
• Shall not present false, misleading, or inaccurate information about Opna Bio or Opna Bio’s products on your website or otherwise disparage Opna Bio’s products
• Shall not use Opna Bio’s logos without express prior written permission from Opna Bio
• Shall not include content on your website that is or could be construed as illegal, distasteful, offensive or controversial and shall include on your website only content that is appropriate for all age groups

II. PRIVACY POLICY

In addition to these Terms of Use, your use of and access to the Website is also subject to our Privacy Policy. Our Privacy Policy contains additional terms relating to our potential collection, use, and disclosure of your personal information as a Website visitor. You agree that you have read, understand, and accept Opna Bio’s complete Privacy Policy. If you submit your email address, name, address, phone number, or other contact information through the Website to Opna Bio, you hereby agree that Opna Bio may use such information for Opna Bio’s business or marketing purposes, subject to the terms and conditions set forth in the Privacy Policy and your right to opt-out. Unless otherwise set forth in the Privacy Policy, or as may be required under applicable law with respect to adverse events involving Opna Bio products, Opna Bio is under no obligation to treat information you voluntarily share about your health as protected health information as a result of your communications through, or relating to, your use of the Website. Opna Bio does not solicit or seek such information.

III. EXPORT CONTROLS

EXPORT COMPLIANCE

You acknowledge and agree to comply with all US laws, regulations, and requirements applicable to the export of US origin products and technology.

IV. NO MEDICAL ADVICE; ACCURACY AND SCOPE OF CONTENT ON WEBSITE

The information provided by this Website is not intended nor implied to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified healthcare provider prior to starting any new treatment or with any questions you may have regarding a medical condition. Opna Bio strives to accurately describe its products and to provide updated information on the Website. However, Opna Bio does not warrant that product descriptions and information on the Website are complete or free from error. Opna Bio has no obligation to update the Website, and there is a possibility that Website Content may be out of date. Opna Bio shall not be liable for any damages or injury resulting from your access to, or inability to access, this Internet Website, or from your reliance on any information provided at this Internet Website. This Website may contain information on worldwide products and services, not all of which are available in every location. A reference to a product or service on this Website does not imply that such product or service is or will be available in your location. The products referred to on this Website may be subject to different regulatory requirements depending on the country of use. Consequently, visitors may be notified that certain sections of this Website are intended only for certain kinds of expert users or only for audiences in certain countries. You should not construe anything on this Website as a promotion or advertisement for any product or for the use of any product that is not authorized by the laws and regulations of your country of residence.

V. DISCLAIMERS OF LIABILITY, NO WARRANTY

THE WEBSITE MAY CONTAIN ERRORS AND DEFECTS OR MAY SUFFER INTERMITTENT DOWNTIME AND IS PROVIDED “AS IS,” “AS-AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, OPNA BIO AND ITS AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY REFERRED TO AS “OPNA BIO” FOR THE PURPOSES OF THIS SECTION) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY; SATISFACTORY QUALITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT OF THIRD-PARTY RIGHTS; THAT ACCESS TO OR OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, VIRUS FREE, OR ERROR FREE; THAT THE WEBSITE AND OUR SERVERS ARE SECURE; OR AS TO THE ACCURACY, RELIABILITY, QUALITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR PRODUCT PROVIDED ON OR THROUGH THE WEBSITE; AS WELL AS ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; PROVIDED THAT THIS SECTION SHALL NOT OPERATE TO EXCLUDE OR DISCLAIM THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF ANY FILES, INFORMATION, CONTENT, SERVICES, OR OTHER MATERIAL ACCESSED THROUGH OR OBTAINED BY MEANS OF THE WEBSITE.