Copyright and Legal Disclaimer

These Terms of Use (“Terms of Use”) govern the terms and conditions of the use by the individual user (“User”) of the right to use (a) the website www.ciplausa.com; and (b) other content (that includes without limitation news, webcasts, reference tools and applications, sponsored programming, personalized content, continuing medical education, communication tools and discussion board) and updates thereto made available by Cipla USA, Inc. (“Cipla”) (collectively referred to as, the “Information”).

By accessing, using and browsing this Information, it is deemed that the User has read, understood and accepted, without limitation or qualification, the terms and conditions set out in the Terms of Use herein. Although accessible in other parts of the world, the Information is intended for access and use by U.S residents only.

1. Use of Information and Restrictions. User may not use, copy, modify, or transfer the Information, or any part thereof, in whole or in part, except as expressly provided in these Terms of Use. User may not reverse engineer, disassemble, decompile, or translate the Information, or otherwise attempt to derive the source code of the Information, or authorize any third party to do any of the foregoing. The User is prohibited from developing, selling or distributing applications that are capable of launching, being launched from, or are otherwise integrated with, the Information without the express written consent of Cipla. User shall not rent, lease, loan, resell for profit, distribute, or sublicense the Information, or any part thereof. The User shall not alter any Information, post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to a civil liability or otherwise violate any law. Cipla will cooperate with any law enforcement authorities or court order requesting or directing Cipla to disclose the identity of anyone posting such information or materials.

2. Ownership. The Information is the property of Cipla and others and is protected by copyright and/or other intellectual property laws. The Information is only licensed to the User for use only under the terms of these Terms of Use, and Cipla reserves all rights not expressly granted to User.

3. Warranty; Disclaimer. The Information is provided to the User “as is”. Except as expressly provided under these Terms of Use, Cipla and its affiliates, agents and licensors: (a) cannot and do not warrant the accuracy, completeness, currency or non-infringement of the Information provided hereunder; and (b) expressly disclaim all warranties and conditions, express, implied or statutory, including without limitation the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement. The User’s reliance upon the Information is solely at the User’s own risk. Cipla does not assume any liability or responsibility for damage or injury (including death) to the User, other persons or property arising from any use of the Information, material, idea or instruction contained in the Information.

4. Information concerning the Products. Products listed in the Information may not be available in all countries or may be available under a different brand name, in different strengths, or for different indications. Many of the products listed are available only by prescription through your local health care professional. Except as expressly stated and agreed upon in advance by Cipla, no director, employee, agent, or representative of Cipla, its subsidiaries and affiliates are engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way create a physician-patient relationship.

5. No Advice. Nothing contained in the Information should be construed as medical, legal, investment, financial or other advice. Without limitation, nothing contained in the Information should replace medical advice, medical visits, or recommendations from health care providers.

6. Medical Disclaimer. The Information does not endorse drugs, diagnose patients, or recommend therapy. The Information is for use by Healthcare Professionals only for an academic purpose; and any personal material submitted into this Information is hypothetical and is used only for academic purposes and not for any type of professional treatment. Cipla does not assume any responsibility for any aspect of healthcare administered or not administered with the aid of the Information. The Information is not intended to be a substitute for professional advice for any patients and is not intended to replace personal consultation with a qualified physician, pharmacist, and healthcare professional or academic faculty responsible for the training of the User. In the event that the User has, or suspects to have a medical problem or condition, the User is bound to contact a qualified healthcare provider immediately. The User shall not disregard medical advice or delay in seeking such advice because of something the User has read or accessed on this Information.

7. Linking to Us: The User must first seek written permission from Cipla if the User intends to use the Information or incorporate portions of the Information into a different site. The User is not allowed to link to Cipla if the User is engaged in the publication or promotion of illegal, obscene, or offensive content, or if the link in any way negatively impacts the reputation of Cipla.

8. User Information: Any communication or material that the User transmits or posts by electronic mail or otherwise, including any data, questions, comments, suggestions (“User Information”), is and will be treated as non-confidential and non-proprietary information and shall become the property of Cipla. Cipla, or any its affiliates, may store or use the User Information for any purpose whatsoever, including but not limited to, reproduction, disclosure, transmission, publication, broadcast or further posting, without any compensation to the User. The User also expressly acknowledges that Cipla, or any of its affiliates, are free to store, use any ideas, concepts, know-how or techniques contained in any User Information, for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products, without any compensation to the User. In case of a change in control of Cipla, Cipla reserves the right to transfer the User Information to the new party.

If the User leaves this website and goes to another website, different terms apply and Cipla has no responsibility or liability for any content on those sites.

9. Indemnity, Assumption of Risk. The User assumes all risk for selection and use of the Information and content provided thereon. Although care has been taken to ensure completeness and accuracy of the content, Cipla shall not be responsible for any errors, misstatements, inaccuracies or omissions regarding content delivered through the Information or any delays in or interruptions of such delivery.

The User acknowledges that Cipla: (a) has no control of or responsibility for the User’s use of the Information or content provided herein, (b) has no knowledge of the specific or unique circumstances under which the Information or content provided thereon may be used by the User, (c) undertakes no obligation to supplement or update content of the Information, and (d) has no liability to any person for any data or material, including personal and identifiable material, input on the Information by persons other than Cipla.

Cipla shall not be liable to any person (including but not limited to the User and persons treated by or on behalf of the User) for, and the User agrees to indemnify and hold Cipla, its affiliates, directors, employees and agents, harmless from any claims, lawsuits, proceedings, costs, attorneys’ fees, damages or other losses (collectively, “Losses”) arising out of or relating to (a) the User’s use of the Information or content provided thereon or any equipment furnished in connection therewith and (b) any data or material input on the service by User, in all cases including but not limited to losses for tort, personal injury, medical malpractice or product liability. Further, without limiting the foregoing, in no event shall Cipla be liable for any special, incidental, consequential, or indirect damages, including damages for loss of profits, loss of business, even if Cipla has been advised of the possibility of such damages.

10. Limitation of Liability. Neither Cipla nor its affiliates, agents or licensors shall be liable under any claim, demand or action arising out of or relating to the User’s use of the Information, nor Cipla’s performance of (or failure to perform) any obligation under these Terms of Use, nor for direct, special, incidental or consequential damages, including, without limitation, damages due to lost profits or business interruption, or other damages, even if Cipla, its affiliates, agents or licensors have been advised of the possibility of such loss or damages and whether or not such loss or damages is/are foreseeable and notwithstanding the failure of essential purpose of any limited remedy. In no event shall Cipla, its affiliates, agents or licensors be liable to the User under these Terms of Use for any reason whatsoever.

11. General.

11.1 Governing Law and Dispute Resolution. These Terms of Use and the legal relations between the parties arising hereunder shall be governed by and interpreted exclusively in accordance with the laws of Delaware. Any dispute, controversy or claim arising out of or relating to these Terms of Use shall be settled exclusively by reference to courts of the State of Delaware. By using this website, the User agrees to personal jurisdiction and venue in the states and federal courts in Wilmington, Delaware and waives any objection to such jurisdiction and venue. EXCEPT WHERE PROHIBITED BY LAW, THE USER EXPRESSLY WAIVES TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THE INFORMATION.

11.2 Amendment. Cipla shall be entitled to, at any time, without prior written notice to the User, modify these Terms of Use. The User is bound by any such revisions and should therefore periodically visit this page to review the most updated Terms of Use to which the User is bound.

11.3 Notices and Take Down Procedures. Any notices to Cipla shall be in writing and delivered personally or by internationally reputed courier service to: 9100 S. Dadeland Blvd., Suite 1500, Miami, FL 33156, United States of America. If the User has any queries in respect of the Information or believes that the Information (or any part thereof) infringe any copyright, the User may request removal of those materials (or access thereto) from the Information contacting Cipla at ciplaUSA@cipla.com provided that such User shall provide Cipla with (a) details of the copyrighted work that is alleged to be infringed, (b) its location, (c) its URL (d) A statement that the User has a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law, (e) A statement that the information that the User has supplied is accurate, and indicating that such statement is “under penalty of perjury” (f) A signature or the electronic equivalent from the copyright holder or authorized representative (g) or any other pertinent information that will allow Cipla to locate and confirm the authenticity of the material.

11.4 Severability. If any part of these Terms of Use is for any reason found to be unenforceable, all other parts nevertheless remain enforceable as long as a party’s rights under these Terms of Use are not materially affected. If any part of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use so that these Terms of Use will remain in full effect.