Terms of Use

TERMS OF USE AGREEMENT

Please read these Terms of Use carefully before using this web site. These Terms of Use may have changed since your last visit to this web site. By using this web site, you indicate your acceptance of these Terms of Use. If you do not accept these Terms of Use, then please exit and do not use this web site.

This web site is owned and operated by Idera Pharmaceuticals, Inc., Cambridge, MA (“Idera Pharmaceuticals”). Idera Pharmaceuticals maintains this web site as a courtesy to its customers, potential customers, and other interested parties. Please visit us frequently and browse our pages, subject to the terms and conditions set out here and all applicable laws.

Copyright and Trademark and Other Intellectual Property Information

This web site, and the information that it contains, is the property of Idera Pharmaceuticals and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.

Any product, process or technology described in the materials on this web site may be the subject of other intellectual property rights reserved by Idera Pharmaceuticals and are not licensed hereunder. Idera Pharmaceuticals makes no representations or warrants that its published patent applications may actually issue as valid patents in the future.

Idera, Iderapharma.com, the Idera logo, IMO™, Hybridon®, and GEM®, featured in this web site are the trademarks or registered trademarks of Idera Pharmaceuticals, Inc., all rights reserved. All other product names are trademarks or registered trademarks of their respective owners.

Use of Idera Pharmaceuticals Web Site and Its Content

This web site contains general information about Idera Pharmaceuticals, its various products and certain topics selected by Idera Pharmaceuticals. Such information is provided on a blind-basis, without any knowledge as to your industry, identity or specific circumstances. The application and impact of relevant laws will vary by jurisdiction. The information on this web site is provided with the understanding that Idera Pharmaceuticals and the various authors and publishers are not rendering legal, accounting, tax, career or other professional advice or services to you. As such, information on this web site should not be relied upon or used as a substitute for consultation with professional advisors or your doctor.

Idera Pharmaceuticals may alter, suspend, or discontinue this web site at any time for any reason, without notice or cost. The web site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

No part of this web site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Idera Pharmaceuticals authorizes you to view, copy, download, and print specified Idera Pharmaceuticals documents (such as white papers, press releases, data sheets, and FAQs) that are available on this web site, subject to the following conditions:

The documents may only be used for non-commercial, informational purposes.
The documents may not be modified.
Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this web site should be construed as granting, by implication, estoppel or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with the prior written permission of Idera Pharmaceuticals or such third party that may own the trademark or copyright of material displayed on this web site.

Accuracy of Content and Future Modifications to Web Site

Idera Pharmaceuticals believes the information on this web site to be complete and reliable at the time of its posting; however, there may be delays, omissions or inaccuracies in this information and the information may contain technical inaccuracies or typographical errors. Idera Pharmaceuticals reserves the right to make changes to document names and content, product specifications, or any other information without obligation to notify any person of such changes.

Availability of Products and Services Mentioned

Information that Idera Pharmaceuticals publishes on this web site may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that Idera Pharmaceuticals intends to announce or make available such products or services to the general public, or in your country. Consult your Idera Pharmaceuticals account representative to determine which products and services, if any, may be available to you.

No Warranties

Information and documents, including product specifications, provided on this web site are provided “as is." Specifically, but without limitation, Idera Pharmaceuticals makes no express or implied warranty that: (i) the information on this website is correct, accurate, reliable, operable, legal or complete, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights; (ii) the functions contained on this web site will be uninterrupted or error-free; (iii) defects will be corrected; or (iv) this web site or the server(s) that makes it available are free or viruses or other harmful components.

Product descriptions and specifications are subject to change. Idera Pharmaceuticals periodically adds or updates the information and documents on this web site without notice.

It is the user's responsibility to ascertain whether any information downloaded from this web site is free of viruses, worms, trojan horses, or other items of a potentially destructive nature.

Limitation of Liability

Under no circumstances shall Idera Pharmaceuticals be liable for any incidental, special, consequential, exemplary or other indirect damages that result from the use of or the inability to use, this web site or the information contained on this web site, even if Idera Pharmaceuticals, has been advised of the possibility of such damages. In no event shall Idera Pharmaceuticals’ total liability to you for all damages, losses, and causes of action resulting from your use of this web site, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amounts you paid to Idera Pharmaceuticals during the most recent three-month period in connection with amounts that you paid for using this web site.

Links to Third-Party Web Sites

This web site may contain links to non-Idera Pharmaceuticals web sites. These links are provided as a convenience, and Idera Pharmaceuticals assumes no responsibility for the content of any non-Idera Pharmaceuticals web site. Any outside web site accessed from the Idera Pharmaceuticals web site is independent from Idera Pharmaceuticals, and Idera Pharmaceuticals has no control over the content of that web site. In addition, a link to any non- Idera Pharmaceuticals web site does not imply that Idera Pharmaceuticals endorses or accepts any responsibility for the content or use of such a web site. Those non-Idera Pharmaceuticals web sites are governed by their own Terms of Use as specified within those web sites.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Idera Pharmaceuticals of that third party or of any product or service provided by a third party.

Securities Law Statutory Safe Harbor

This web site contains forward-looking statements concerning Idera Pharmaceuticals, Inc. that involve a number of risks and uncertainties. For this purpose, any statements contained herein that are not statements of historical fact may be deemed to be forward-looking statements. Without limiting the foregoing, the words "believes," "anticipates," "plans," "expects," "estimates," "intends," "should," "could," "will," "may," and similar expressions are intended to identify forward-looking statements. There are a number of important factors that could cause Idera’s actual results to differ materially from those indicated by such forward-looking statements, including whether products based on Idera’s technology will advance into or through the clinical trial process on a timely basis or at all and receive approval from the United States Food and Drug Administration or equivalent foreign regulatory agencies; whether the Company will complete enrollment of clinical trials or announce trial results in the time expected; whether, if the Company’s products receive approval, they will be successfully distributed and marketed; whether the results of preclinical studies will be indicative of results that may be obtained in clinical trials; whether the Company’s collaborations with Novartis, Merck & Co., Inc. of the U.S. and Merck KGaA of Germany will be successful; whether the patents and patent applications owned or licensed by Idera will protect the Company’s technology and prevent others from infringing it; whether Idera’s cash resources will be sufficient to fund product development and clinical trials; and such other important factors as are set forth under the caption "Risk Factors" in Idera’s current Quarterly Report on Form 10-Q, which important factors are incorporated herein by reference. Idera disclaims any intention or obligation to update any forward-looking statements.

Jurisdictional Issues

Idera Pharmaceuticals makes no representation that information on this web site is appropriate or available for use outside the United States. Those who choose to access this web site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Submissions to Idera Pharmaceuticals and Affiliated Servers

Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to Idera Pharmaceuticals through this web site is the exclusive property of Idera Pharmaceuticals. Idera Pharmaceuticals is entitled to use any information submitted for any purpose, without restriction (except as stated in Idera Pharmaceuticals' Privacy Statement) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to Idera Pharmaceuticals and accepts responsibility for its accuracy, appropriateness, and legality.

Enforcement of Terms of Use

These Terms of Use are governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law. Idera reserves the right to suspend or terminate your use of this web site if you violate any of the Terms of Use. If your violation causes harm to others, you agree to indemnify and hold Idera Pharmceuticals harmless from and against any and all loss, damage or expense.

All disputes arising out of or relating to these Terms of Use shall be finally resolved by arbitration conducted in the English language in Boston, Massachusetts, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the Commonwealth of Massachusetts. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Idera Pharmaceuticals shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Massachusetts or any other court of competent jurisdiction.

If any part of these Terms of Useis unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Idera Pharmaceuticals may, at its sole discretion and without notice, revise these Terms of Use at any time by updating this posting.

Entire Agreement

This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by Idera Pharmaceuticals, as described above.

For Additional Information

If you have any questions about the rights and restrictions above, please contact Idera Pharmaceuticals' Legal Department:

Idera Pharmaceuticals, Inc.
167 Sidney Street
Cambridge, MA 02139
Telephone: (617) 679-5500
Fax: (617) 679-5572
E-mail: info@iderapharma.com