The following terms apply to your use of the EPIX Pharmaceuticals, Inc. ("EPIX") website.

Legal Notice

The materials on this website are provided by EPIX as a service to its customers and the general public and shall be used for informational purposes only. BY ACCESSING AND/OR DOWNLOADING MATERIALS FROM THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN DO NOT USE THIS WEBSITE OR DOWNLOAD ANY MATERIALS FROM IT.

EPIX may modify this website and these Terms of Use at any time. Certain provisions of these terms may be modified or superseded by legal notices or other terms located on particular pages within this website. You are responsible for regularly reviewing these Terms of Use. By continuing use of the website after such changes are posted, you will be accepting such changes.

No Unlawful or Prohibited Use

As a condition of your use of this website, you agree to not use the website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use this website in any manner which could damage, disable, overburden, or impair the website or which could interfere with any other party's use and enjoyment of the website. No content from this website may be downloaded or otherwise exported in violation of United States law.

Personal and Non-Commercial Use

This website is for your personal and non-commercial use. The website and its content are protected by United States copyright law. You may not copy, modify, upload, download, distribute, post, transmit, display, republish, reproduce, license, create derivative works from, or sell any of the content, including without limitation the code, contained in this website without our prior written permission, except for your own personal, non-commercial purposes. Except as provided in the preceding sentence, nothing contained in this website shall be construed as granting a license or other rights under any patent, trademark, copyright, or other intellectual property of EPIX or any third party.

Trademarks

Unauthorized use of any EPIX trademark, service mark, or logo may be a violation of federal and state trademark law. Products, service marks, or logos referenced on the website are either trademarks or registered trademarks of EPIX and/or its affiliates in the United States and other countries. Other trademarks, service marks, or logos are the property of their respective owners.

This Website Does Not Provide Medical or Professional Services Advice

The content on this website is intended to be a general information resource in regard to the subject matter covered. EPIX does not directly or indirectly practice medicine, render medical advice, or dispense medical services via this website, and nothing contained in this website is intended to be instruction for medical diagnosis or treatment. Any information provided should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. Information received from this website should not be relied upon for personal, medical, legal, technical, or financial decisions. It should not be used in place of a visit, call, consultation or the advice of your physician or other qualified healthcare provider. Should you have any healthcare related questions, please consult with your physician or other qualified healthcare provider promptly.

No Warranties

All content on this website is provided to you on an "as is" and "as available" basis, without warranty of any kind, either express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, accuracy, title, and non-infringement. EPIX makes no representations or warranties as to the suitability, reliability, availability, timeliness, completeness, or accuracy of the information, services, and related graphics contained on this website. You are responsible for verifying any information before relying on it.

Use of the website and the content available on the website is at your sole risk. EPIX makes no representations or warranties that use of the website will be uninterrupted or error-free. EPIX does not warrant that the functions contained in this website are free of computer viruses or other harmful components. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the website is free of viruses.

The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

Limitation of Liability

EPIX specifically disclaims any liability, whether based in contract, tort, strict liability, or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the website, even if EPIX has been advised of the possibility of such damages, including but not limited to reliance by any party on any content obtained through the use of the website, or that arises in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, interruptions in telecommunications connections to the website or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the website, or related information or programs. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of this website, or with any or these terms of use, your sole and exclusive remedy is to discontinue using the website.

Forward-Looking Statements

This website contains express or implied forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, which are based on current expectations of management. These statements relate to, among other things, our expectations regarding management's plans, objectives, and strategies. These statements are neither promises nor guarantees, but are subject to a variety of risks and uncertainties, many of which are beyond our control, and which could cause actual results to differ materially from those contemplated in these forward-looking statements. In particular, the risks and uncertainties include, among other things: risks that product candidates may fail in the clinic or may not be successfully marketed or manufactured; risks relating to our ability to advance the development of product candidates currently in the pipeline or in clinical trials, any failure to comply with regulations relating to our products and product candidates, including FDA requirements; failure to obtain the financial resources to complete development of product candidates; the risk that the FDA may interpret the results of our studies differently than we have; our inability to further identify, develop and achieve commercial success for new products and technologies; competing products may be more successful; our inability to interest potential partners in our technologies and products, particularly EP-2104R; our inability to achieve commercial success for our products and technologies; the possibility of delays in the research and development necessary to select drug development candidates; the risk that we may be unable to successfully secure regulatory approval of and market our drug candidates; our inability to successfully in-license products and/or technologies; our inability to successfully defend against litigation, including any appeal or re-filing of the shareholder class action lawsuit; our inability to protect our intellectual property and the cost of enforcing or defending our intellectual property rights; and risks of new, changing and competitive technologies and regulations in the United States and internationally. Existing and prospective investors are cautioned not to place undue reliance on these forward-looking statements. For additional information regarding these and other risks that we face, see the disclosure contained in our filings with the United States Securities and Exchange Commission.

Updates

EPIX may make improvements and/or changes to this website at any time. Although we attempt to periodically update information on this website, the information, materials and services provided on or through this website may occasionally be inaccurate, incomplete or out of date. EPIX does not have a duty to update information contained in this website, and EPIX will not be liable for any failure to update such information. We make no representation as to the completeness, accuracy or currentness of any information on this website, and we undertake no obligation to update or revise the information contained on this website, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained in this website before relying upon it.

Links

Unless otherwise set forth in a written agreement between you and EPIX, you must adhere to EPIX's linking policy as follows: (i) any link to this website must be a text only link clearly marked "EPIX Pharmaceuticals, Inc." or "EPIXPharma.com"; (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with EPIX's names and trademarks; (iii) the link must "point" to www.EPIXPharma.com and not to other pages within the 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, or associated with EPIX; (v) when selected by a user, the link must display the website on full-screen and not within a "frame" on the linking website; and (vi) EPIX reserves the right to revoke its consent to the link at any time and in its sole discretion.

Location and Governing Law

This website is operated by EPIX from its offices in Lexington, MA, USA. The law of the Commonwealth of Massachusetts shall govern these Terms of Use, without reference to its choice of law rules. EPIX makes no representation that the information in the website is appropriate or available for use in other locations, and access to the EPIX website from territories where the content of the EPIX website may be illegal is prohibited. Those who choose to access the EPIX website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Severability

If any provision of these Terms of Use is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms of Use shall remain in full force and effect. Any provision of these Terms of Use held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms of Use with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision.

Violations and Additional Policies

EPIX reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this website, including the right to block access from a particular Internet address to the website.

Questions

If you have any questions about these Terms of Use, please contact the relevant individual listed in the "Contact" section of this website.

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