TERMS OF USE

By visiting or using SuperGen’s Website, you agree to be bound by the following terms and conditions.  The content on this Website is intended to provide general information regarding SuperGen and its products, and provided on an “AS IS” basis. You are encouraged to confirm the information contained herein with other resources, including your physician or other professional healthcare provider. The information provided is not intended to constitute medical advice.

Intellectual Property

The SUPERGEN® tradename and trade mark, as well as Nipent® and other SuperGen product names displayed on this Website are exclusive trademarks of SuperGen, Inc. The textual and graphical content of this Website is subject to copyright, owned exclusively by SuperGen, Inc. All rights in such copyright are reserved. No copying or other reproduction or use of such material, other than by printing from a computer terminal, is authorized.

Information and Data
The information in this communication is subject to change without notice and SuperGen will not be held liable for any changes which may result in the information presented herein being inaccurate. Information or data contained in this Website including, without limitation, current stock prices, is not guaranteed to be current, accurate, or complete, and is subject to change without notice. This Website is not intended to provide specific individual advice including, without limitation, healthcare or investment advice.  Communications made on this site concerning investments in SuperGen do not constitute an offer or solicitation by anyone in any jurisdiction in which such an offer or solicitation is not authorized or to any person whom it is unlawful to make such an offer or solicitation.  Information and data provided in this Website concerning, without limitation, forward-looking statements regarding stock prices and investment in SuperGen cannot be considered to be a guarantee of future activities or performance.

Links

The presence on this Website of a link to a third-party-operated Website is not an endorsement by SuperGen of the party who operates the website, nor is it an indication of affiliation between SuperGen and any such party. SuperGen is not responsible for, and does not assume any liability for, the accuracy or use of any content provided on such third party websites.

Disclaimer of Warranties
ALL INFORMATION OR ADVICE PROVIDED ON THIS WEBSITE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER.  SUPERGEN EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.
Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL SUPERGEN BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE OF, RELIANCE ON, OR THE INABILITY TO USE THIS WEBSITE, OR FROM THE INTERRUPTION, NON-PERFORMANCE, SUSPENSION, OR TERMINATION OF THIS WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), EVEN IF SUPERGEN, THIS WEB SITE OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF INFORMATION, RECEIVED THROUGH THIS WEBSITE OR ANY LINKS PROVIDED ON THIS WEBSITE.
Indemnification
By using this Website, you agree to indemnify and hold SuperGen, its officers, directors, employees, agents and licensees harmless for any violation or against any third party claim, damages or demand, including reasonable attorneys’ fees, related to or arising out of your violation of these Terms of Use or other misuse of this Website.
Governing Law
The law of the State of California, without reference to its conflicts of law principles, shall govern these Terms of Use. SuperGen makes no representation that the information in the Website is appropriate or available for use in other locations, and access to this Website from territories where the content of this Website may be illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any controversy or claim arising under or related to these Terms of Use shall be settled by binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered by any court of competent jurisdiction. Either you or SuperGen may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco County, California, necessary to protect the rights or property of you or SuperGen pending the completion of arbitration.

Revision: 5/15/06