3. Changes to our Website
3.1 We may update our Website from time to time and we may change the content available to visitors of the Website. However, we are under no obligation to update the Website and do not guarantee that the Website and its contents are up to date.
3.2 We do not guarantee that our site, or any content available on it, will be free from errors or omissions.
4. Accessing our Website
4.1 The Website is made available to you free of charge.
4.2 We do not guarantee that our Website, or any content on it, will always be available or your access to it will be uninterrupted. Access is granted on a temporary basis and we may suspend, withdraw, discontinue or change all and any part of the Website without notice for any reason. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
5. Your use of the Website
5.1 When you use our Website, you agree not to:
(a) use the Website for any purpose that is unlawful, improper or illegal;
(b) use the Website in a way which infringes the rights of anyone else or restricts or inhibits anyone else’s use and enjoyment of the Website;
(c) disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware available through the Website; or
5.2 You accept that it is your responsibility to ensure that you have in place antivirus, firewall and other appropriate security software when browsing the Internet and accessing this Website and for maintaining the security of any passwords/usernames in respect of any user accounts relating to the Website (if applicable). Astellas cannot accept liability for your failure to take reasonable precautions when browsing the Internet and our Website.
5.3 You must not misuse our Website by knowingly introducing viruses, Trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may be committing a criminal offence and we will report any such offence to the relevant law enforcement agencies and will co-operate with those agencies by disclosing your identity to them. If you breach this term, your right to use our Website will cease immediately.
5.4 The content of our Website is provided for general information purposes only and it is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of our Website.
5.5 Although we make reasonable efforts to update the information available on our Website, we make no guarantees, representations or warranties that the content is accurate, complete or up-to-date, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of content on the Website and your use is entirely at your own risk.
6. Intellectual property rights
6.1 All trade marks are owned by Astellas Pharma Inc. and/or its related entities. Third party trade marks are owned by the originating companies and they are used under licence and/or they are referred to with permission and/or acknowledgement by Astellas Pharma Inc. and/or its related entities.
6.2 We are the owner, licensor or authorised user of various Intellectual Property rights within our Website including the material published on it. Intellectual Property can include text, images, sound and video clips and other proprietary works which are protected by various relevant global Intellectual Property laws and treaties including copyright laws. Where relevant, all such rights are reserved.
(a) our status as authors of the content is always acknowledged;
(b) you do not use the content for commercial purposes;
(c) you do not modify the Website content in any way; and
(d) you do not modify the content and you use all Website illustrations and other visual content in conjunction with their accompanying text.
7. User-generated content
7.1 Astellas may include functionality on the website that allows you to post or submit content to the Website, for example on a public forum or a blog. By submitting content, you agree that:
(a) you are fully responsible for the content that you post or submit, and that you will not submit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially, ethically or otherwise illegal and/or objectionable in any way;
7.2 When you submit content to our Website, you grant the following licences:
(a) a non-exclusive, royalty-free, worldwide, perpetual license to Astellas to use the content in any way that we consider appropriate and to authorise others to do so. You also agree to irrevocably and unconditionally waive all moral rights which you may have in any of the content posted by you on the Website; and
7.3 Astellas may pre-screen, review, edit, modify, reject or remove content submitted to or posted to the Website at any time for any reason, although we have no obligation to do so. We are not responsible for any content posted or submitted for posting by you or any other third party user of the Website.
8. Limitation of our liability
8.2 To the extent permitted by law, we expressly exclude all representations, warranties, conditions or other terms which may apply to our Website or any content on it, whether express or implied.
8.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if the loss or damage was foreseeable, that occurs as a result of or in connection with:
(a) use of, or inability to use, our Website; or
(b) use or reliance on any content displayed or available on our Website.
8.4 If you are a business user, please be aware that in particular we will not be liable for:
(a) any loss of profit, sales, business or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of goodwill, opportunity or reputation;
(e) loss of data; or
(f) any special, indirect, incidental, consequential, punitive or exemplary loss howsoever caused,
8.5 If you are a consumer user, please note that we only provide the Website for domestic and private use. You agree not to use our Website for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material, due to your use of our Website or to your downloading of any content on it or any other website linked to it.
8.6 Information transmitted via this Website will pass over public telecommunications networks. We do not promise that the Website will be available or that the operation of this Website will be uninterrupted or error free and assume no liability for this.
9. Links to third party websites
9.1 This Website may contain links to third party websites. We do not vet, endorse or otherwise approve the content of any third party websites and your use of such websites is entirely at your own risk and we have no control over the content of any third party websites.
9.2 We do not accept responsibility or liability for the availability or content of any such third party websites, nor liability for any damage or harm that you may suffer from visiting and/or using them.
10. Other important terms
10.1 Astellas may discontinue the Website or terminate certain features and functionalities of the Website immediately at any time in its sole discretion.
NON_2019_0043_APE. November 2019