TERMS, CONDITIONS AND LEGAL NOTICES

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© Copyright 2000-2007 Aplicor, Inc. All rights reserved. "Aplicor" and the Aplicor logo are marks of Aplicor (the "Aplicor Marks"). References to other companies and their products use trademarks owned by the respective companies and are for reference purpose only.

The materials contained on this Internet site (the "Materials") are the exclusive property of Aplicor, Inc. ("Aplicor") or its licensors and your use of the Materials is subject to the following terms.

Subject to the terms and conditions of this agreement, Aplicor grants you a limited, non-exclusive, license to view the Materials on this site 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 Aplicor or Aplicor-provider server.

No Materials or portion hereof may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or information storage and retrieval systems, for any purpose other than the recipient’s personal use, without the express written permission of Aplicor. Except as set forth above, you may (i) not download, share, retain or distribute any other copies of any Materials without the express written permission of Aplicor, (ii) make derivative works of the Materials or (iii) perform any engineering, or reverse engineering to the Materials, or (iv) incorporate the Materials in any other web page. All right, title, and interest in and to the Materials and all intellectual property rights therein shall remain with Aplicor and its licensors and no ownership interest is transferred by virtue of making the Materials available on this site or granting the foregoing licenses. In making any request from this website or its Materials, including, but not limited to, request form submissions, live operator service, IM (Instant Messaging), or Online Chat, you agree to be truthful when representing names, identities and email addresses. Pretexting is strictly prohibited.

All right, title and interest in and to this Web site is owned by Aplicor or its licensors. This Web site is protected by United States copyright law and international treaty provisions, including but not limited to the Berne Convention. You are not granted any right to use Aplicor marks, trademarks, logos, trade dress (including without limitation the layout of this site) or other marks and all such items shall remain the exclusive property of Aplicor.

The information presented in this Web site is derived from material believed to be accurate, but Aplicor makes no guarantee as to its accuracy. The information contained herein is subject to change without notice. Aplicor shall not be liable for errors contained herein or consequential damages in connection with furnishing, performance, or use hereof. Any Aplicor software or service described herein is licensed exclusively subject to the conditions set forth in the Aplicor license agreement.

THE MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND AND APLICOR AND ITS LICENSORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Safe Harbor Provision - This website includes statements which may constitute forward-looking statements. Although Aplicor believes the expectations contained in such forward-looking statements are reasonable, it can give no assurance that such expectations will prove to be correct. This information may involve risk and uncertainties that could cause actual results to differ materially from the forward-looking statements.

If any provision of this Agreement 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. This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of the State of Florida, county of Palm Beach, United States of America, without regards to as those laws are applied to contracts entered into and to be performed entirely in Florida by Florida residents and without regards to conflicts of law provisions. Any suit or proceeding arising out of or relating to this Agreement shall be commenced exclusively in state or federal court in Palm Beach County, State of Florida, United States of America, and you irrevocably submit to the exclusive jurisdiction and venue of such courts.