TERMS OF USE

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Last Updated: 28 August 2015

The following Terms of Use govern and apply to your access to and use of this website. PLEASE READ AND REVIEW THESE TERMS OF USE CAREFULLY EVERY TIME YOU ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THESE TERMS OF USE.

  1. Access to and Use of this Website. This website is owned by Gentium S.p.A. The information provided on this website is for general information purposes only and is subject to these Terms of Use. These Terms of Use may be revised at any time and in any way, new conditions for use of this website may be imposed, or access may be restricted to some parts of this website. Any such revisions or modifications will be effective immediately upon notice to you, which may be given by any means, including posting on this website. If you use this website after such notice, you will be deemed to have accepted the revisions or modifications.
  2. Product Information. This website does not provide instruction on the appropriate use of any product of Gentium S.p.A. or its subsidiaries or affiliates (which are referred to together in these Terms of Use as “Jazz Pharmaceuticals”) or Jazz Pharmaceuticals’ licensors. Information on this website regarding any products approved for marketing is qualified in its entirety by reference to the approved prescribing information for each product. Product information may vary by country. Information about our products that are marketed in the U.S. is intended for use only by residents of the U.S., and information about our products that are marketed outside the U.S. is intended for use only by residents of the countries in which such products are marketed. You should be aware that any product candidates that have not been approved for distribution in a particular country have not been found safe or effective by any regulatory agency of that country and are not approved for use outside of clinical trials in that country. The information presented on this website should not be interpreted or construed in any way as providing medical advice or as a replacement or substitute for medical advice provided by your doctor or healthcare provider. It is very important for you to discuss your treatment options, and any questions that you may have, with your doctor or healthcare provider. You should not use this website to diagnose or treat a health problem or disease.
  3. News and Press Releases. Jazz Pharmaceuticals uses reasonable care to include accurate information, news, press releases or other postings at the time they are added to this website. Please note, however, that Jazz Pharmaceuticals cannot guarantee that any information posted on this website is accurate, and it will therefore not be liable for any losses or damage that you may suffer as a result of relying on such information. Certain information on this website may be of an historical nature. All historical information contained in the documents or presentations set out on this website should be understood as referring to events and circumstances as they existed on the date that the relevant documents or presentations were first published or made. Jazz Pharmaceuticals does not update press releases once they have been issued.
  4. Intellectual Property. The copyright and any further intellectual property right in this website and in any part of it, including, among the others, texts, images and graphics, belong to Jazz Pharmaceuticals. The contents of this website may not be copied other than for non-commercial purposes with all copyright or other proprietary notices retained, and may not be recopied, reproduced or otherwise redistributed. You may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text, documents or other postings contained in this website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text, documents, or other postings, without the express written consent of Jazz Pharmaceuticals. All product names, whether or not appearing in large print or with a trademark symbol, are trademarks of Jazz Pharmaceuticals or its licensors, unless otherwise noted. Nothing in this website shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright, trademark or other intellectual property right of Jazz Pharmaceuticals or its licensors, or any third party.
  5. User Submissions. Certain areas of this website enable you to submit to Jazz Pharmaceuticals emails, suggestions, comments, questions, information or materials, or otherwise provide feedback or information, which is referred to in these Terms of Use as “Content.” Except for the submission of resumes in the “Careers” section of this website or as otherwise provided in the Privacy Policy, any Content will be treated as non-confidential and non-proprietary and becomes the property of Jazz Pharmaceuticals. You agree that by submitting Content:
    1. except where specifically required, if you are a health care professional, you will not submit any Content that would directly identify a patient or any Content for which you do not have all necessary consents or authorizations to disclose;
    2. you will only submit Content that complies with applicable law and will not submit Content that is abusive, defamatory, obscene, infringing, threatening, repetitive or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another’s computer; and
    3. Jazz Pharmaceuticals reserves the right to remove or modify the Content for any reason, including Content that Jazz Pharmaceutical, at its sole discretion, believes violates these Terms of Use.
    4. except for information covered by our Privacy Policy, you grant to Jazz Pharmaceuticals the irrevocable right to use, copy, modify, publish, perform, transmit and display such Content via any media and waive any rights you may have in such Content, and you agree that Jazz Pharmaceuticals is free to use any ideas, concepts, know-how or techniques contained in the Content for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information.
  6. Forward-Looking Information; Securities Laws. This website contains “forward-looking statements”. These statements relate to future events or to Jazz Pharmaceuticals’ future operating or financial performance and involve known and unknown risks, uncertainties and other factors that may cause Jazz Pharmaceuticals’ actual results, performance or achievements to be materially different from any future results, performances or achievements expressed or implied by such forward-looking statements. Forward-looking statements may include, but are not limited to, statements about Jazz Pharmaceuticals’ prospects, strategies, intentions, plans, objectives and future operating or financial performance, as well as statements about anticipated trends in Jazz Pharmaceuticals’ business and industry and other characterizations of future events or circumstances. When used on this website, terms such as “anticipates,” “believes,” “could,” “estimates,” “expects,” “intends,” “may,” “plans,” “potential,” “predicts,” “projects,” “seeks,” “should,” “would,” “will” and similar expressions are intended to identify forward-looking statements. These forward-looking statements reflect Jazz Pharmaceuticals’ plans, objectives, estimates, expectations and intentions only as of the date of the document containing the forward-looking statement or as of the dates indicated in the forward-looking statements, and inherently involve significant risks and uncertainties. Given these risks and uncertainties, you should not place undue reliance on these forward-looking statements. Many of these risks and uncertainties are described under the caption “Risk Factors” and elsewhere in Jazz Pharmaceuticals plc’s Securities and Exchange Commission filings and reports (Commission File No. 001-33500), including in Jazz Pharmaceuticals plc’s most recent Annual Report on Form 10-K or Quarterly Report on Form 10-Q. Jazz Pharmaceuticals undertakes no obligation to update or supplement any forward-looking statements to reflect actual results, new information, future events, changes in its expectations or other circumstances that exist after the date as of which the forward-looking statements were made. In addition, this website and the information in this website do not constitute an offer or a solicitation of an offer for sale of any securities. Finally, none of the information contained in this website is intended to be, and shall not be deemed to be, incorporated into any of Jazz Pharmaceuticals plc’s securities-related filings or documents.
  7. Linking to the Website. Unless otherwise set forth in a written agreement between you and Jazz Pharmaceuticals, you must adhere to Jazz Pharmaceuticals’ linking policy as follows: (i) any link to a Jazz Pharmaceuticals website must be a text only link clearly marked “Jazz Pharmaceuticals Website”; (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the value and the goodwill associated with Jazz Pharmaceuticals’ names and trademarks; (iii) the link must “point” to the root domain name of this website and only to the home page and not to other pages within this website; (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, endorsed by or associated with Jazz Pharmaceuticals; (v) when selected by a user, the link must display this website on full-screen and not within a “frame” on the linking website; and (vi) Jazz Pharmaceuticals reserves the right to revoke its consent to the link at any time and in its sole discretion.
  8. Third Party Websites. This website may from time to time contain links to third party websites, which are provided for your information only. Jazz Pharmaceuticals is not responsible for, and accepts no liability in respect of, any information or opinion contained on any third party website. Jazz Pharmaceuticals has no control over such websites, and because their content is subject to change without notice to Jazz Pharmaceuticals, it is the responsibility of the user of the third party website to ensure that any information accessed is accurate and that any software that may be downloaded from that site is free of viruses or any other items of a destructive nature. Jazz Pharmaceuticals accepts no liability whatsoever in respect of any loss, damage, costs or liability incurred through any such downloaded material.
  9. Disclaimer of Warranties. By using this website, you accept the information provided herein “AS IS.” JAZZ PHARMACEUTICALS MAKES NO EXPRESS OR IMPLIED WARRANTY OR CONDITION REGARDING THE ACCURACY, CONTENT, COMPLETENESS, RELIABILITY, OPERABILITY OR LEGALITY OF INFORMATION CONTAINED WITHIN THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  10. Limitation of Liability. IN NO EVENT SHALL JAZZ PHARMACEUTICALS OR ITS AGENTS, AFFILIATES OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, OR IN CONNECTION WITH THE USE OF INFORMATION OR MATERIALS CONTAINED ON THE WEBSITE, WHETHER IN AN ACTION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION. THIS LIMITATION ALSO INCLUDES DAMAGES TO YOUR COMPUTER EQUIPMENT OR DUE TO ANY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR HARDWARE, SOFTWARE OR DATA.
  11. Controlling Law. These Terms of Use, your access to and use of this website and any action related thereto will be governed and interpreted by and under the laws of Italy, without giving effect to any principles that provide for the application of the law of another jurisdiction.

PURSUANT TO AND FOR THE PURPOSES OF ARTICLES 1341 AND 1342 OF ITALIAN CIVIL CODE, YOU EXPRESSLY DECLARE TO HAVE READ, FULLY UNDERSTOOD AND ACCEPTED PROVISIONS UNDER ARTICLES 5 (USER SUBMISSIONS), 9 (DISCLAIMER OF WARRANTIES), 10 (LIMITATION OF LIABILITY) OF THESE TERMS OF USE.