Terms & Conditions

Terms and Conditions of Website Use

Please read the following terms and conditions (“Terms”) of use carefully before using the BioCryst Pharmaceuticals, Inc. (“BioCryst”) website, located at http://www.biocryst.com/ (the “Website”). Your use, access or viewing of, or submission of any content to or through (collectively, “use”), the Website is subject to, and constitutes your acceptance of and agreement to be bound by these Terms. By using the Website, you represent and warrant that you are of legal age to form a binding contract with BioCryst. If you do not meet this requirement or do not agree to these Terms, do not use the Website.

1. General. BioCryst grants you a limited, non-perpetual, revocable, terminable at-will, non-assignable, non-sublicensable and nonexclusive license to use the Website solely for your personal, informational and non-commercial use. Except for these Terms, which are a binding contract between you and BioCryst, nothing on the Website is or may be construed as an offer to form a binding contract or grant of any license or transfer of intellectual property or other rights or interests. These Terms will be binding upon you and your successors, assigns, heirs, legatees, executors, administrators and representatives. The headings of the sections of these Terms are inserted for convenience of reference only, will not be construed as part of your agreement with BioCryst under these Terms, and will in no way be construed as defining, limiting or affecting the scope or intent of these Terms. As used in these Terms, the word “may” shall be construed as permissive and the words “will” and “shall” shall be construed as imperative; and the terms “include” or “including” mean “include” or “including” without limiting the generality of any description or word preceding such term. Nothing in these Terms will prohibit BioCryst from protecting and enforcing its rights under these Terms, its properties and interests to the maximum extent of the law.

2. Accessing the Website. We reserve the right to withdraw or amend the Website, and any content, service or material we provide on the Website, in our sole discretion without notice. From time to time, we may restrict access to some parts of the Website, or the entire Website, to certain users. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

3. Copyright and Trademarks. The Website and the information on it are the properties of BioCryst or its affiliates and licensors and is protected from unauthorized copying and dissemination by United States copyright law, international conventions and other intellectual property laws. In particular, “BioCryst” and the “BioCryst” logo are registered trademarks of BioCryst. Nothing on the Website grants or should be construed as granting any license or right in or to any trademarks, service marks, trade names, domain names, logos or other distinctive brand features or other intellectual property rights, all of which BioCryst or their respective owners reserve. All rights not expressly granted are reserved by BioCryst. You must abide by any copyright notices, information, or restrictions contained on any part of the Website. Any use of the Website not expressly permitted by these Terms is a breach of these Terms.

4. Forward-Looking Statements. The Website contains a number of forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, including statements regarding: (i) BioCryst’s expectations regarding clinical trials, development timelines and discussions with regulatory authorities related to drug candidates under development by BioCryst and BioCryst’s collaborators; (ii) BioCryst’s expectations about the number of patients that will be evaluated, the anticipated date by which enrollment will be completed and the data that will be generated by ongoing and planned clinical trials, and the ability to use that data for the design and initiation of further clinical trials; and (iii) BioCryst’s expectations regarding the scope and timing of ongoing and potential future clinical trials. Without limiting the foregoing, the words “believes,” “anticipates,” “plans,” “expects” and similar expressions are intended to identify forward-looking statements. Although BioCryst believes the forward-looking statements on the Website are accurate, there are a number of factors that could cause actual events or results to differ materially from those indicated by such forward-looking statements. Those risks and uncertainties include, among other things, that the outcomes of BioCryst’s planned clinical trials and studies may not be favorable, that one or more of BioCryst’s internal or external drug development programs will not proceed as planned for technical, scientific or commercial reasons, that future competitive or other market factors may adversely affect the commercial potential for BioCryst’s drug candidates, and other risks listed under Risk Factors in BioCryst’s annual report and quarterly reports filed with the Securities and Exchange Commission and available through the Website. BioCryst disclaims any obligation to update the information on the Website as new data becomes available.

5. Privacy. If you submit any information (including personal information) through the Website, such information will be subject to the BioCryst Privacy Policy. You will be solely responsible for the content of any information you send to BioCryst, including its accuracy, truthfulness, and non-infringement of any applicable privacy laws or of any other person’s legal rights.

6. No Warranties. YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES IS AT YOUR OWN RISK. AS BETWEEN BIOCRYST AND YOU, YOU WILL BE SOLELY RESPONSIBLE FOR DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE AND LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BIOCRYST MAKES NO AND DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, ANY INFORMATION ON THE WEBSITE AND YOUR USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE ACCURACY, CURRENCY OR COMPLETENESS OF ANY INFORMATION ON THE WEBSITE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. BIOCRYST MAKES NO REPRESENTATIONS THAT: YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS; YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; ANY INFORMATION ON THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR DEFECTS IN THE WEBSITE WILL BE CORRECTED. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

7. Limitation of Liability. NEITHER BIOCRYST NOR ANY OF ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, SHAREHOLDERS, OR DIRECTORS SHALL BE LIABLE FOR ANY DAMAGES (INCLUDING LOST PROFITS OR SPECIAL, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR ANY LINKED WEBSITE. BIOCRYST AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, SHAREHOLDERS, AND DIRECTORS DISCLAIM ALL LIABILITY FOR ANY: MISTAKES OR INACCURACIES IN THE INFORMATION ON THE WEBSITE; ANY FAILURE OR REFUSAL TO UPDATE ANY INFORMATION ON THE WEBSITE; PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF OR RESULTING FROM USE OF THE WEBSITE, INABILITY TO USE THE WEBSITE, OR ANY INFORMATION ON THE WEBSITE; ANY UNAUTHORIZED ACCESS TO OR USE OF BIOCRYST’S SERVERS OR ANY PERSONAL OR FINANCIAL INFORMATION STORED IN OR ON BIOCRYST’S SERVERS; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; ANY PROGRAM ROUTINE, DEVICE, CODE OR INSTRUCTION OR OTHER FEATURE THAT A THIRD PARTY MAY SUBMIT, POST, INTRODUCE OR TRANSMIT TO OR THROUGH THE WEBSITE THAT IS CAPABLE OF ACCESSING, MODIFYING, DELETING, DAMAGING, DISABLING, DEACTIVATING, INTERFERING WITH OR OTHERWISE HARMING ANY SOFTWARE, COMPUTER, NETWORK, DATA OR OTHER ELECTRONICALLY STORED INFORMATION, PROGRAM OR SYSTEM, INCLUDING ANY DROP DEAD DEVICE, MALICIOUS LOGIC, WORM, ERROR, DEFECT, TRAP DOOR, BUG, VIRUS, TROJAN HORSE OR THE LIKE (COLLECTIVELY, “VIRUS”) THAT THIRD PARTIES MAY SUBMIT, POST, INTRODUCE OR TRANSMIT TO OR THROUGH THE WEBSITE; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY INFORMATION ON THE WEBSITE; INFORMATION ON OR FUNCTIONALITY OF ANY WEBSITE THAT MAY BE LINKED TO ON THE WEBSITE; OR ANY CONTENT, PRODUCT OR SERVICE THAT A THIRD PARTY OFFERS OR ADVERTISES OR THAT IS REFERENCED ON OR THROUGH THE WEBSITE.

8. Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website in any way that violates law or regulation. You are solely responsible for your acts or omissions that occur when using the Website. You may not copy, reproduce, duplicate, sell, trade, distribute, transmit, broadcast, display, license, reverse engineer, decompile, exploit or modify any part of the Website or extract or attempt to extract any source code from the Website. You may not circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any information on or which enforce limitations on use of the Website. You may not engage in unacceptable use of the Website including, use of the Website to: transmit unsolicited or unauthorized advertisements, spam, messages, or other unsolicited commercial electronic mail; transmit material that may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; transmit files, graphics, software or other material that actually or potentially infringes, violates or contravenes, breaches or constitutes an unauthorized use or misappropriation of any intellectual property right, including any copyright, trademark, patent, trade secret or other intellectual property or proprietary right of any person; submit, post, introduce or transmit any Virus to or through the Website; engage in systematic retrieval of data or other content from the Website by any means (including, the use of scrapers or other tools) to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from BioCryst; interfere with or disrupt servers or networks connected to the Website; or engage in any other activity that is prohibited by any applicable federal, state, local or international law or regulation or deemed by BioCryst to be in conflict with the spirit or intent of these Terms.

9. Links to Other Websites. The Website may contain links to websites maintained by other companies. BioCryst is providing these links to you only as a convenience. The inclusion of any link does not and should not imply that BioCryst endorses or warrants any third-party website or third-party company or product. BioCryst has no control over the contents of those websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

10. Applicable Law and Jurisdiction. BioCryst is based in the United States and makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you are responsible for compliance with local laws. The laws of the State of Alabama, without regard to its conflicts of law principles, will apply to all disputes based on, arising out of, or relating to your use of the Website or any information it contains. With respect to such disputes, you submit to the exclusive personal jurisdiction and venue of any court in Birmingham, Alabama and waive any objections or defenses contrary to such submission.

11. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

12. Indemnification. You will indemnify, hold harmless and defend BioCryst and its affiliates, licensors, service providers and their respective shareholders, members, directors, officers, managers, employees and agents from and against any claim, action, demand, cause of action, suit, proceeding, loss, cost, expense, damage, debt or liability, including reasonable legal costs and attorneys’ fees, alleged or asserted by any person or actually incurred by BioCryst, which arises out of or relates to: (a) your use of the Website; (b) your breach or violation of any of these Terms; or (c) your breach or violation of any third party right, including any copyright, property, publicity, or privacy right.

13. Changes to this Notice. BioCryst may revise or modify these Terms in its sole discretion, either in whole or in part, at any time without prior notice to you. All changes are effective immediately, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in the Applicable Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You will be bound by any such revisions or modifications and should, therefore, visit this page each time you access the Website to review the current Terms.

14. Waiver and Severability. No waiver by BioCryst of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BioCryst to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. These Terms are severable and, if any provision is invalid, void or unenforceable in whole or in part for any reason, the remaining provisions will remain in full force and effect.

15. Entire Agreement. These Terms are the entire agreement and understanding between you and BioCryst regarding their subject matter and supersede all prior and contemporaneous agreements and understandings regarding their subject matter, and no agreements, understandings, warranties or representations exist between you and BioCryst other than these Terms, unless set out in a separate written agreement between you and BioCryst.

Last Revised: July 23, 2018