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The Medarex World Wide Web site (the "Site") is a copyrighted work belonging to Medarex, Inc. Medarex grants you the right to use the Site subject to the terms and conditions of use ("Terms of Use") set forth below. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE. License. Subject to the terms and conditions of this agreement, Medarex grants you a limited, royalty-free license to view the materials contained on the Site (the "Materials") and make such copies only as may be incidentally created during your exercise of the foregoing through the normal operation of a commercially available web browser and a gateway cache and proxy obtaining the Materials from the Medarex server. You are not granted any right to use Medarex's trademarks, logos, trade dress (including without limitation the layout of the Site) or other marks, and all such items shall remain the exclusive property of Medarex. Modification. Medarex reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Medarex will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. Feedback. Medarex will treat any feedback or suggestions you provide to Medarex as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Medarex to the contrary, you agree that you will not submit confidential or proprietary information to Medarex. Medarex is regretfully unable to accept your unsolicited ideas or proposals, so please do not submit them under any circumstance. Third-Party Links. This website may contain links to other websites operated by third parties. External sites linked herein are not under the control of Medarex, and Medarex is not responsible for the contents of any linked site or any link contained in a linked site, nor does Medarex undertake to review, approve, correct, or update the contents of, or link to, any site. Medarex provides these links only as a convenience and does not monitor, endorse, warrant, or make any representations with respect to the linked sites. Accuracy of Content. MEDAREX DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED ON THE SITE. MEDAREX MAY MAKE CHANGES TO THE INFORMATION CONTAINED HEREIN AT ANY TIME, WITHOUT PRIOR NOTICE TO YOU. INFORMATION AT THIS SITE THAT IS PERIODICALLY UPDATED MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SITE AND MAY CONTAIN ERRORS. CONTACT MEDAREX DIRECTLY AT THE EMAIL ADDRESS BELOW FOR UPDATED INFORMATION BEFORE RELYING ON ANY INFORMATION PROVIDED AT THIS SITE. IN NO EVENT SHALL MEDAREX OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DECISION MADE OR ACT OR OMISSION BY YOU IN RELIANCE UPON INFORMATION PROVIDED AT THIS SITE. Disclaimer of Warranties. THE INFORMATION ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MEDAREX ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THIS SITE OR OTHER DOCUMENTS THAT ARE REFERENCED BY OR LINKED TO THIS SITE. Some jurisdictions do not allow the exclusion of implied warranties, in which case any implied warranties shall be limited to the minimum scope and period permitted by law. Limitation of Liability. IN NO EVENT SHALL MEDAREX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT MEDAREX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR ANY INFORMATION PROVIDED IN CONNECTION WITH THE SITE. MEDAREX'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS AND THE USE OF THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Copyright. The Site and the Materials are copyrighted works of Medarex and/or its suppliers. Neither the Site nor the Materials may be reproduced, displayed, modified or adapted, distributed or transmitted in any form by any means (including, but not limited to, electronic duplication or transmission) without the prior written permission of Medarex except as set forth in these terms and conditions. Trademarks. Medarex, the Medarex logo, and all additional trademarks and service marks listed on our Trademarks page are trademarks and service marks of Medarex, Inc. All rights are reserved. All other trademarks and service marks are the property of their respective owners. Amendment. Medarex may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and therefore you should periodically visit this page of the Site to examine the then-current Terms of Use by which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site. Forward Looking Statements. Except for the historical information presented in the Site, matters discussed in this Site may constitute forward-looking statements that are subject to certain risks and uncertainties that could cause actual results to differ materially from any future results, performance or achievements expressed or implied by such statements. Statements that are not historical facts, including statements preceded by, followed by, or that include the words "believes," "anticipates," "intends," "plans," "expects," "estimates," or similar statements may constitute forward-looking statements. Medarex disclaims, however, any intent or obligations to update these forward-looking statements. Risks and uncertainties include risks associated with product discovery and development as well as risks detailed from time to time in Medarex's public disclosure filings with the U.S. Securities and Exchange Commission (SEC), including its Annual Report on Form 10-K for the fiscal year ended December 31, 2000 and subsequent Quarterly Reports on Form 10-Q. 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. Copies of Medarex's public disclosure filings are available from its investor relations department. General. If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. These Terms of Use shall for all purposes be governed by and interpreted in accordance with the laws of the State of New Jersey as those laws are applied to contracts entered into and to be performed entirely in New Jersey, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to these Terms of Use shall be commenced exclusively in a court of applicable jurisdiction in the state of New Jersey, and you irrevocably submit to the exclusive jurisdiction and venue of such courts. If you have any questions about the foregoing, please contact us at the following e-mail address: information@medarex.com.
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