Legal
Terms and Conditions of Use
The XOMA World Wide Web site (the "Site") is a copyrighted work belonging to XOMA, provided for informational purposes. XOMA 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. XOMA 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 to examine the 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 Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site.
License
Subject to the terms and conditions of this agreement, XOMA 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 XOMA server. Nothing on this Site shall be construed as conferring any license under any of XOMA’s, its affiliates or any third party's intellectual property rights, whether by estoppel, implication, or otherwise. You are not granted any right to use XOMA'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 XOMA.
Modification
XOMA 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 XOMA and its affiliates will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
Feedback
XOMA will treat any feedback or suggestions you provide to XOMA as non-confidential and non-proprietary. Thus, in the absence of a written agreement with XOMA to the contrary, you agree that you will not submit confidential or proprietary information to XOMA.
Third-Party Links
This Site may contain links to other websites operated by third parties. External sites linked herein are not under the control of XOMA, and XOMA is not responsible for the contents of any linked site or any link contained in a linked site, nor does XOMA undertake to review, approve, correct, or update the contents of, or link to, any site. XOMA provides these links only as a convenience and does not monitor, endorse, warrant, or make any representations with respect to the linked sites. XOMA expressly disclaims any responsibility for the content of any third party sites linked to our web site or the products or services of such third party.
Accuracy of Content
XOMA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED ON THE SITE. XOMA 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. PLEASE CONTACT XOMA DIRECTLY FOR UPDATED INFORMATION BEFORE RELYING ON ANY INFORMATION PROVIDED AT THIS SITE. IN NO EVENT SHALL XOMA, ITS AFFILIATES, 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. XOMA 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 XOMA OR ITS AFFILIATES 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 XOMA 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. XOMA'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 XOMA 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 XOMA except as set forth in these terms and conditions.
Trademarks
XOMA, the XOMA logo, Human Engineering and NEUPREX are trademarks and service marks of XOMA Technology Ltd. All rights are reserved. All other trademarks and service marks are the property of their respective owners.
Forward Looking Statements
Except for the historical information, certain statements contained in the Site concerning product development and other similar matters or that otherwise relate to future periods are forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. These statements are based on assumptions that may not prove accurate. Actual results could differ materially from those anticipated due to certain risks inherent in the biotechnology industry and for companies engaged in the development of new products in a regulated market. These risks, including those related to the results of discovery research and preclinical testing; the timing or results of pending and future clinical trials (including the design and progress of clinical trials; safety and efficacy of the products being tested; action, inaction or delay by the FDA, European or other regulators or their advisory bodies; and analysis or interpretation by, or submission to, these entities or others of scientific data); uncertainties regarding the status of biotechnology patents; uncertainties as to the cost of protecting intellectual property; changes in the status of the existing collaborative and licensing relationships; the ability of collaborators, licensees and other third parties to meet their obligations; market demand for products; scale up and marketing capabilities; competition; international operations; share price volatility; XOMA's financing needs and opportunities and risks associated with XOMA's status as a Bermuda company, are described in more detail in XOMA's most recent annual report on Form 10-K and in other SEC filings. Copies of XOMA's public disclosure filings are available on the Site or from its investor relations department. Consider such risks carefully in considering XOMA's prospects.
Privacy
Any communication or material you transmit to this website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of XOMA or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, XOMA is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
