THIS
SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO THESE TERMS
AND CONDITIONS. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY.
YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT
TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF
YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY EXIT
THIS SITE.
IMPORTANT
NOTICE TO YOU
These
Terms and Conditions of Use (the “Terms and Conditions”)
govern your use of the SilenceSelect.com web site, including
without limitation use of all content, data, images, information
and other materials posted on or available through this Site
(collectively, the “Site”). These Terms and Conditions
are in addition to any other agreement you may have with Galapagos NV, including any agreement governing your use or your
organization's use of Galapagos NV’ products
or services. In addition, certain areas of the Site and use
of data, content, or services made available through the Site
may be subject to additional terms and conditions provided in
connection with those areas or use of the data, content, or
services.
Galapagos NV hereby grants you a non-exclusive license to use
the Site solely for your personal, non-commercial use (e.g.
life science research, evaluating and obtaining information
about our products and services, and learning more about Galapagos NV). As a condition of your use of this Site, you warrant
to Galapagos NV that you will not use the Site for
any purpose that is unlawful or prohibited by these Terms and
Conditions. In particular, you may not use the Site or any content
made available through the Site (a) to provide services to anyone,
(b) in a clinical diagnostic and/or therapeutic setting where
data from an individual's sample is transferred to his or her
caregiver, or (c) in connection with any diagnostic and/or therapeutic
product or service. You may not reverse engineer, deconstruct,
disassemble or decompile any software or technology underlying
the Site or provided through the Site. If you breach any of
these Terms and Conditions, your authorization to use this Site
shall automatically terminate.
The
contents of the Site may not be distributed, modified, reproduced,
or used, in whole or in part, without the prior written consent
of Galapagos NV, except that you may download content
from the Site to any single computer, provided you keep intact
all copyright, trademark, and other proprietary notices and
comply with any applicable end user license agreements. Except
as provided in these Terms and Conditions, any use of these
materials on any other Web site or networked computer environment
for any purpose is prohibited.
You
acknowledge and agree that this limited license to use the Site
subject to these Terms and Conditions does not grant you any
other right or license, by implication, estoppel or otherwise,
under the intellectual property rights of Galapagos NV or any third party. Without restricting the previous sentence,
nothing herein shall be construed as a right or license to make,
have made, use, sell, offer to sell, import, lease or distribute
SilenceSelect technology or related products or services. Where
this Site is used in connection with an Galapagos NV
product or service, the license granted in these Terms and Conditions
is subject to the restrictions of any license described in Galapagos NV's terms and conditions governing the use of such
product or service.
Copies
of These Terms and Conditions;Updates
You
may print a copy of these Terms and Conditions using the print
button or feature in your browser. We suggest retaining a copy
for your future reference. You should be aware, however, that
we may revise these Terms and Conditions at any time, and by
your continued use of the Site you agree to be bound by future
revisions to these Terms and Conditions. It is your responsibility
to periodically visit the “Terms and Conditions”
link at the bottom of our home page to review the most current
version of the Terms and Conditions. You may use your browser
to print copies of any updated Terms and Conditions.
Ownership
The
Site is owned and operated by Galapagos NV (referred
to as "Galapagos NV," "we," "us,"
or "our" herein). All content, data, information and
other materials on or directly accessible from the Site, including
without limitation all data accessible and retrievable through
the SilenceSelect™ Site, are owned by Galapagos NV, its subsidiaries, affiliates, licensors and/or vendors.
The Site is protected by Belgian and international copyright
and trademark laws. Any rights not expressly granted by these
Terms and Conditions or any applicable end user license agreements
are reserved by Galapagos NV and/or its vendors and
licensors. Any copies that you make of material or other content
provided through the Site must contain the same copyright and
other proprietary notices that appear with the material or content.
No
Framing
You
may not frame or utilize framing techniques to use, surround
or enclose any of Galapagos NV's names, trademarks,
service marks, logos, or other proprietary information (including;
images, text, page layout, or form) of Galapagos NV
and/or our affiliates or subsidiaries without Galapagos NV's express written consent.
Jurisdictional
Issues
This
Site is controlled and operated by Galapagos NV from
its offices within Belgium. Galapagos NV makes no representation
that materials in the Site are appropriate or available for
use in other locations. Those who choose to access this Site
from other locations do so on their own initiative and are responsible
for compliance with local or national laws, if and to the extent
local or national laws are applicable.
Trademarks
Galapagos NV and FLeXSelect™, PhenoSelect™, AdenoSelect
and SilenceSelect™ are registered trademarks owned by
Galapagos NV and/or its subsidiaries or affiliates.
Galapagos NV's trademarks may not be used in connection
with any product or service that is not Galapagos NV's,
in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits Galapagos NV. All other trademarks, service marks and logos used in this
Site are the trademarks, service marks or logos of their respective
owners. Galapagos NV does not make any claims to the
marks of others which might appear on the Site. You gain no
right to use any marks of Galapagos NV or any other
entity by virtue of your use of this Site.
Our
Use of Your Data and Communications
Galapagos NV will maintain security procedures with respect to
its access and maintenance information you submit in queries
to the Site (hereinafter referred to as Data) which provide
reasonably appropriate technical and organizational safeguards
against unauthorized disclosure or access consistent with the
following. By using the Site, you authorize and hereby grant
Galapagos NV a limited, non-exclusive, royalty-free,
world-wide, irrevocable license to reproduce, transmit, display,
disclose, and otherwise use your Data solely for the purposes
of processing your requests and transactions, maintaining and
improving the Site, but not for exploiting your Data for other
commercial purposes unless otherwise provided in a separate
written agreement you may have with Galapagos NV.With
the exception of your Data discussed above, you acknowledge
that any communications or material of any kind that you e-mail,
post, or transmit to or through the Site, including, questions,
comments, suggestions and other information (your "Communications")
will be treated as non-confidential and non-proprietary by Galapagos NV. By using the Site, you authorize and hereby grant
Galapagos NV a non-exclusive, royalty-free, perpetual,
world-wide, irrevocable license to reproduce, transmit, display,
disclose, and otherwise use your Communications for reasonable
business purposes.
YOU
ACKNOWLEDGE THAT SECURITY SAFEGUARDS, BY THEIR NATURE, ARE CAPABLE
OF CIRCUMVENTION AND Galapagos NV DOES NOT AND CANNOT
GUARANTEE THAT DATA OR OTHER INFORMATION CANNOT BE ACCESSED
BY UNAUTHORIZED PERSONS CAPABLE OF OVERCOMING SUCH SAFEGUARDS.
IN PARTICULAR, THE SITE MAY BE USED TO ACCESS AND TRANSFER INFORMATION,
INCLUDING DATA, OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE
THAT Galapagos NV DOES NOT OPERATE OR CONTROL THE INTERNET
AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE
DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., HACKERS)
MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE THE SITE AND/OR YOUR
DATA AND/OR OTHER INFORMATION, COMPUTERS, AND/OR NETWORKS. Galapagos NV SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU
ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR
INFORMATION AND SYSTEMS.Inquiries about the accuracy of identifying
information previously submitted to Galapagos NV through
its Site, or requests to have outdated information removed,
should be directed to webmaster@galapagos.be.
Hyperlinking
to this Site
Except
as specifically provided in these Terms and Conditions, you
may not create hyperlinks to this Site. You may provide hyperlinks
to the Site on a non-commercial, not-for-profit Web site, or
within any non-commercial analysis software application, freely
accessible by the public at no charge, provided that "deep
links" (e.g., hyperlinks other than to our homepage currently
located at www.SilenceSelect.com and www.galapagosgenomics.com)
must be in accordance with any additional terms, conditions
and/or technical instructions that Galapagos NV may
post on the Site from time-to-time. If you desire to link to
this Site in any other manner, you must obtain Galapagos NV's written permission pursuant to an Agreement. You shall
not link to this Site in any manner that states or implies any
affiliation between you or your organization and Galapagos NV, or any sponsorship, approval or recommendation of you or
your organization by Galapagos NV. Any permitted link
to this Site must clearly identify Galapagos NV as
the owner of this Site. Galapagos NV reserves the right
to redirect any links to the Site to any page it chooses.
External
Hyperlinks from the Site
The
Site contains hyperlinks to third party Web sites. External
hyperlinks to or from the Site do not constitute any endorsement
or recommendation by Galapagos NV of any third party
or its Web site, products, resources or other information. An
external hyperlink to a site does not imply that Galapagos NV is affiliated with or sponsors the third party's Web site.
Galapagos NV is not responsible for any software, data
or other information available from any third party Web site.
You are solely responsible for complying with all terms and
conditions of use for the third party sites. You acknowledge
that Galapagos NV shall have no liability for any damage
or loss arising from your access to, use of or reliance on any
third party site, software, data, or other information.
Acceptable
Use
You
must not transmit any material on or through the Site that (a)
restricts any other user's enjoyment of the Site, (b) is unlawful,
threatening, abusive, libelous, defamatory, pornographic, profane
or otherwise offensive, (c) constitutes or encourages criminal
conduct, gives rise to civil liability, or otherwise violates
any law, (d) violates or infringes the rights of any third party
including, without limitation, patent, copyright, trademark,
privacy or any other proprietary right, (e) contains a virus
or other harmful component, or (f) contains false or misleading
indications of origin or statements of fact. Galapagos NV reserves the right at all times to disclose any information
as necessary to satisfy any law, regulation, government request,
court order, subpoena or other legal process, or to edit or
remove any information, in whole or in part, that in Galapagos NV's sole discretion is objectionable, disruptive to
the Site or in violation of these Terms and Conditions.
Use
of Robots
At this time, Galapagos NV does not permit the use
of robots, spiders, crawlers or the like in connection with
the Site without Galapagos NV's prior written permission.
This restriction does not apply to the use of these mechanisms
to index content of the Site for use in connection with search
engines and other online directories.RegistrationFor
some parts of the Site registration is required for you to access
the Site. If you complete the registration form, then you represent
that the information on your registration form is complete and
accurate, and that you will promptly contact Galapagos NV to update this information if it changes. When registering,
you must select a user ID and password. You are solely responsible
for keeping your password confidential, and for all use of the
Site with your password. You must immediately notify Galapagos NV of any known or suspected unauthorized use of your
password.
Accuracy
and Integrity of Information
Although
Galapagos NV attempts to ensure the integrity and accuracy
of the Site, it makes no guarantees whatsoever as to the correctness
or accuracy of the Site. It is possible the Site may include
typographical errors, inaccuracies or other errors, and that
unauthorized additions, deletions and alterations could be made
to the Site by third parties. In the event that an inaccuracy
arises, please inform Galapagos NV so that it can be
corrected. Information contained on the Site may be changed
or updated without notice.
No
Warranty
THE
SITE AND ALL INFORMATION AVAILABLE THROUGH THE SITE ARE PROVIDED
"AS IS," WITH ALL FAULTS, AND "AS AVAILABLE".
Galapagos NV DOES NOT WARRANT THAT THE SITE WILL MEET
YOUR REQUIREMENTS, OR THAT THE RESULTS OF ANY QUERY WILL BE
COMPLETE OR ACCURATE. Galapagos NV DOES NOT WARRANT
THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. WITHOUT LIMITING
THE FOREGOING, Galapagos NV DOES NOT REPRESENT OR ENDORSE
THE ACCURACY OR RELIABILITY OF ANY SEQUENCE DATA, ANNOTATION,
DESCRIPTION, IDENTIFICATION OR OTHER INFORMATION DISPLAYED,
DISTRIBUTED, HYPERLINKED OR OTHERWISE REFERRED TO THROUGH THE
SITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Galapagos NV DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, CONFORMITY
TO ANY REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, QUALITY
OF INFORMATION, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR
PURPOSE.
Limitation
of Liability
NEITHER
Galapagos NV, NOR ITS LICENSORS OR SUPPLIERS, WILL
BE LIABLE UNDER ANY THEORY FOR DAMAGES OF ANY KIND (INCLUDING
WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST
DATA, OR BUSINESS INTERRUPTION) ARISING FROM THE YOUR USE OF
THE SITE AND THE INFORMATION CONTAINED THEREIN, HOWEVER ARISING,
EVEN IF Galapagos NV OR ITS REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION
DOES NOT APPLY TO THE EXTENT IT IS PROHIBITED BY LAW.YOUR SOLE
REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES,
AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR
THOSE SERVICES.
Indemnification
You
agree to indemnify and defend Galapagos NV from any
claim (including attorneys fees and costs) arising from your
(a) use of the Site, (b) violation of any third party right,
or (c) breach of any of these Terms and Conditions. You agree
to cooperate as fully as reasonably required in the defense
of any claim. Galapagos NV reserves the right, at its
own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification under this section
and, in any event, you agree not to settle any such matter without
the prior written consent of Galapagos NV.
Procedure
for Making Claims of Copyright Infringement
Galapagos NV respects the intellectual property of others, and
we ask our users to do the same. If you believe that your work
has been copied in a way that constitutes copyright infringement,
please provide Galapagos NV the following information:
1. an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest,
2. a description of the copyrighted work that you claim has
been infringed,
3. a description of where the material that you claim is infringing
is located on the Site,
4. your address, telephone number, and email address,
5. a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its
agent, or the law and
6. a statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner's
behalf.
Investors
- Disclaimer Regarding Forward Looking Statements
All
statements in the Site that are not historical are "forward-looking
statements", including statements regarding Galapagos NV' "expectations," "beliefs," "hopes,"
"intentions," "strategies," or the like.
Such statements are subject to risks and uncertainties that
could cause actual results to differ materially for Galapagos NV from those projected, including, but not limited
to, risks of the Company's ability to achieve and sustain higher
levels of revenue, higher gross margins, reduced operating expenses,
uncertainties relating to technological approaches, product
development, manufacturing, market acceptance, personnel retention,
uncertainties related to cost and pricing of Galapagos NV products, dependence on collaborative partners, uncertainties
relating to sole source suppliers, regulatory approvals, competition,
risks relating to intellectual property of others and the uncertainties
of patent protection and litigation. Galapagos NV undertakes
no obligation to update such forward-looking statements.
General
Except
as provided below, these Terms and Conditions constitute the
entire agreement between Galapagos NV and you pertaining
to the subject matter hereof. We may, in our sole discretion,
revise these Terms and Conditions from time-to-time by updating
this posting. You should periodically visit this page to review
the current Terms and Conditions, so you are aware of any revisions
to which you are bound. Certain provisions of these Terms and
Conditions may be superseded by expressly designated legal notices
or terms located on particular pages within this Site. The parties
agree that any and all disputes, claims or controversies arising
out of or relating to these Terms and Conditions that are not
resolved by mutual agreement shall be submitted to the courts
of Mechelen Belgium and shall be governed by the laws of Belgium.
If you have any questions concerning these Terms and Conditions
please write: Galapagos NV, Generaal De Wittelaan L11
A3, B-2800 Mechelen, Belgium, Attention: Legal Counsel.
If you have any questions concerning SilenceSelect or you desire
to contact Galapagos NV for any reason, please write:
Galapagos NV, Generaal De Wittelaan L11 A3, B-2800
Mechelen, Belgium, Attention: Business Development.