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THE FOLLOWING TERMS OF USE GOVERN THE USE OF THE TENGION.COM WEB SITE. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION BY TENGION, INC. TO ACCESS OR OTHERWISE USE THIS SITE. BY USING THIS SITE, YOU SIGNIFY YOUR AGREEMENT TO ALL TERMS, CONDITIONS AND NOTICES CONTAINED OR REFERENCED HEREIN.

Terms of Use Agreement for TENGION.COM Web Site
Tengion, Inc. ("Tengion") invites residents of the United States to access and use the TENGION.COM web site (also referred to as the "Site") subject to the Terms of Use below and all applicable laws and regulations. This Site and all information contained in it are intended for access and use by United States residents only. This Agreement contains the terms, covenants, conditions, and provisions ("Terms of Use") upon which you the user ("You") may access and use this Site. Tengion reserves the right, at its discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Use Equals Acceptance
By accessing, viewing, or using this Site, You confirm that You understand these Terms of Use and intend them to be the legal equivalent of a signed, written contract and equally binding, and that You accept such Terms of Use and agree to be legally bound by them. Tengion reserves the right to change these Terms of Use. Your continued use of this Site following such changes will be deemed conclusive acceptance of any changes to these Terms of Use.

Third Party Sites
This site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Tengion, and you acknowledge that Tengion is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Tengion or any association with its operators.

Jurisdiction
The information provided on this Site is intended for U.S. audiences and has been designed to comply with U.S. regulatory guidelines.

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, USA, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the Commonwealth of Pennsylvania, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

IMPORTANT Disclaimer Regarding Medical and Other Information
Medical information that appears on this Site or is accessed through this Site is for discussion purposes only and is not, nor is it intended to be, a medical diagnosis or a substitute for advice given by a physician or other medical professional. If you rely on this information for any purpose, you do so at your own risk.

Disclaimer of Warranties
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TENGION, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL TENGION, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TENGION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, TENGION'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification
Upon a request by Tengion, you agree to defend, indemnify, and hold harmless Tengion and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorneys' fees, that arise from your use or misuse of this site. Tengion reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Tengion in asserting any available defenses.

License Grant
This Agreement provides You with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on Your continued compliance with these Terms of Use. You may print and download materials and information on this Site solely for personal and noncommercial use, provided that You do not remove from any copies any copyright or other applicable notices contained in such materials and information. As a further condition of use of this Site, You warrant to Tengion that You will not use this Site for any unlawful purpose or any purpose otherwise prohibited by these Terms of Use.

Intellectual Property Rights
All materials contained in the Site are protected by law, including, but not limited to, United States copyright and trademark law, as well as other state, national, and international laws and regulations. The contents of the Site are Copyright © 2004 Tengion, Inc. or its licensors or suppliers, all rights reserved. Tengion also owns a copyright in the Site as a collective work or compilation or both, and in the selection, coordination, arrangement, and enhancement of its content. Republication or citation of any content generated by or from the Site without Tengion' s written consent is prohibited. You agree not to copy, modify, adapt, frame, mirror, reproduce, translate, distribute, transmit, reverse engineer, decompile, or disassemble any aspect of the Site, except as expressly allowed by these Terms of Use. All product names, whether or not appearing in large print, italics or with the trademark symbol, are trademarks of Tengion, its affiliates, related companies or its licensors or joint venture partners. Any use of such marks without the express written permission of Tengion is strictly prohibited. Unauthorized use of any material contained on this Site may violate, among others, copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and communications statutes and regulations. Tengion actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

Copyright Owners' Rights Under the Digital Millennium Copyright Act Of 1998
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If You believe in good faith that materials hosted by Tengion infringe Your copyright, You (or Your agent) may send us a notice requesting that the materials be removed, or access to them blocked. If You believe in good faith that a notice of copyright infringement has been wrongly filed against You by Tengion, the DMCA permits You to send us a counter-notice.

Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information on the DMCA is the U.S. Copyright Office web site. Notices and counter-notices for the Site should be sent to Tengion, Attention General Counsel, 2200 Renaissance Boulevard, Suite 150, King of Prussia, PA 19406.

Submissions
Tengion welcomes Your feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material, or other content (collectively, "content") received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, transferable, worldwide, nonexclusive right and license for Tengion to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part), or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content.

Severability and Integration
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Tengion with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Tengion with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Forward Looking Statements
This Site contains "forward looking statements" in addition to historical facts or statements of current conditions. Forward looking statements describe Tengion's current expectations or forecasts of future events. These may include statements regarding anticipated scientific progress on its research programs, development of potential products, interpretation of clinical results, prospects for regulatory approval, assessments of research, development, manufacturing or marketing capabilities, market prospects for its products, potential strategic relationships with other companies, and other statements regarding matters that are not historical facts. You may identify some of these forward looking statements by the use of words in the statements such as "anticipate," "estimate," "expect," "project," "intend," "plan," "believe," or other words and terms of similar meaning. Tengion's performance and operating results could differ materially from those reflected in these forward-looking statements due to general financial, economic, regulatory and political conditions affecting the biotechnology and pharmaceutical industries as well as more specific risks and uncertainties with respect to Tengion and its technologies. Given these risks and uncertainties, any or all of these forward looking statements may prove to be incorrect. Therefore, You should not rely on any such forward looking statements. Furthermore, Tengion is not obligated, and does not intend, to update publicly any forward looking statements.

Privacy Policy
Tengion is committed to protecting the privacy of individuals visiting its Site. The Site does not utilize "cookies" or similar software elements that would allow Tengion or the TENGION.COM Site to store or remember information about You or Your preferences. If you choose to submit information that could be considered personal in nature, it will be treated as non-confidential and non-proprietary information by Tengion and Tengion shall have no obligations of any kind with respect to such information except such obligations as may be required by Federal and state law. Tengion does not render health care services and is not a health care provider