Sunovion Pharmaceuticals Inc. Web Site Terms of Use

(Updated and Effective: July 1, 2013)

Sunovion Pharmaceuticals Inc. and its U.S. subsidiaries and affiliates (together, "Sunovion" or "we") welcome our web site users. Please read the Terms of Use before using or submitting information on any of our web sites. Your use of any Sunovion web site is subject to THESE TERMS OF USE. By accessing and using any of our web sites, you agree to be bound by these terms of use. Your access of the Sunovion web site for the limited and exclusive purpose of reviewing these Terms of Use does not constitute your acceptance unless you make any further access or use of our web site.

Sunovion web sites are intended for lawful use by U.S. adults only, and are intended to comply with U.S. laws and regulations. All information provided on Sunovion websites is for general informational and educational purposes only. Certain sections of Sunovion web sites, or certain Sunovion web sites, may be intended for use by healthcare professionals only. In those cases, healthcare professionals will be asked to self-identify before proceeding to such pages or web sites.

Updates to the Site and these Terms of Use
We reserve the right at any time to without notice modify or discontinue, temporarily or permanently, this or any web site or any portion thereof. Sunovion may also, at any time, revise these Terms of Use. Any such changes to the Terms of Use will be posted on this page, and we will update the “Updated and Effective” date to reflect the date of the changes. By continuing to use this or any Sunovion web site after the posting of such changes, you are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use.

Right to Alter or Remove Content. Right to Suspend Accounts
Sunovion reserves the right to alter or delete materials from this or any Sunovion web site at any time at its sole discretion. Sunovion reserves the right to remove any abusive, illegal, or incorrect user postings or third party content from this or any Sunovion web site at any time at its sole discretion. Sunovion reserves the right to suspend or terminate any and all accounts you have created on a Sunovion web site for your violation of any laws, regulations, or the Terms of Use.

Privacy
Sunovion is committed to privacy for our web site users. Please see Sunovion’s Privacy Policy, the terms of which are incorporated into these Terms of Use, for more information.

Medical Information Provided is Not a Substitute for Medical Advice and Attention
Your use of any Sunovion web site is governed by the Terms of Use. The information and advice published or made available through this web site is for informational purposes only, is not a substitute for professional medical advice or services, and does not constitute a physician-patient relationship. You should not use the information on this web site for diagnosing or treating a medical or health condition. You should consult a physician or other health care provider in all matters relating to your health, and particularly in respect to any symptoms that may require diagnosis or medical attention. Any action on your part in response to the information provided in this web site is at your discretion. Sunovion makes no representations or warranties with respect to any information offered or provided on or through any Sunovion web site regarding treatment, action, or application of medication.

Content
Sunovion will use commercially reasonable efforts to include current, accurate content on Sunovion web sites, but your access and use of this web site and the content herein is undertaken at your own risk and is expressly subject to the Terms of Use.

Forward-Looking Statements
The information included in (or accessible from) this or any Sunovion web site may contain forward-looking statements that involve risks and uncertainties, including statements with respect to the safety, efficacy, potential benefits, and successful development of Sunovion's pharmaceuticals under development. Among the factors that could cause actual results to differ materially from those indicated by such forward-looking statements are: the submission, acceptance, and approval of regulatory filings; the results of clinical trials with respect to products under development; the scope of Sunovion's patent protection with respect to such product candidates; the commercial success of Sunovion's products; the ability of the company to attract and retain qualified personnel; the performance of Sunovion's licensees; the availability of sufficient funds to continue research and development efforts; and certain other factors that may affect future operating results and are detailed in any periodic reports filed with the Securities and Exchange Commission.

Third Party Web Sites and Links
Certain links on Sunovion web sites may lead to sites or sources located on servers maintained by third parties over which Sunovion has no control. Such external sites are not covered by Sunovion’s Terms of Use or Privacy Policy. Sunovion makes no representation as to the accuracy or any other aspect of the information contained in or on such sites, sources or servers, nor does Sunovion necessarily endorse such sites or sources.

User-Provided Content
This web site may make chat rooms, forums, List Serves and message boards available to its users. By accessing and using any such features, or by in any other manner sending information to Sunovion, you represent and agree that you are fully responsible for any content you post or submit, including the content’s truthfulness and accuracy and its non-infringement of any other person's proprietary rights. Users must comply with all applicable laws and regulations, including but not limited to the Digital Millennium Copyright Act.

You will indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of related to any content or materials displayed on or submitted via the web site by you or by others using your username and password. You also grant us a royalty-free, perpetual, irremovable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, or distribute in any manner or medium the materials you post or submit via such features. The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction.

If you believe that material on our web sites infringes your rights under copyright law, please inform our designated copyright agent by sending written notice by U.S. Mail to:

Sunovion Pharmaceuticals Inc.
Attn: Office of Legal Counsel
84 Waterford Drive
Marlborough, MA 01752

Or by email to: info@sunovion.com

Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

No Confidentiality
No confidential relationship shall be established in the event that any user of this web site should make any oral, written or electronic response to Sunovion (such as feedback, questions, comments, suggestions, ideas, etc.). Such response and any information submitted therewith shall be considered non-confidential, and Sunovion shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information.

NO WARRANTY; LIMITATION OF LIABILITY; INDEMNIFICATION
NO WARRANTY
Information accessed through any Sunovion web site is presented in summary and interactive form and is not exhaustive. SUNOVION MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY, RELIABILITY, CURRENCY, AVAILABILITY OR COMPLETENESS. THIS INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions do not allow exclusion of implied warranties so the above exclusion may not apply to you.

LIMITATION OF LIABILITY
Sunovion does not accept any liability for consequences arising from the use or misuse of any information provided on our web sites. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL SUNOVION BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE A SUNOVION WEB SITE, ANY ERRORS OR OMISSIONS IN THE WEB SITE CONTENT, YOUR RELIANCE ON ANY SUCH CONTENT, OR ANY OTHER INFORMATION OR INTERNET SITE WHICH LINK TO THIS WEB SITE.

Indemnification
You agree to indemnify, defend and hold harmless Sunovion, its officers, directors, employees, subcontractors, and agents from and against all losses, expenses, claims, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms of Use.

Intellectual Property
Copyrights/Trademarks
All images, trademarks and text are the property of Sunovion and may not be downloaded, distributed, sorted, reused, reported, modified or otherwise used except as provided herein, without the express written permission of Sunovion. All product and service names appearing in a typeface different from that of the surrounding text or with a trademark symbol, including the "Sunovion" logo, are trademarks and service marks owned by Sunovion Pharmaceuticals Inc. or its subsidiaries or affiliates or another company. Use of these marks, except as permitted herein, is expressly prohibited. Nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent or trademark of Sunovion or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Sunovion copyright or trademark.

Non-Commercial Use
Sunovion gives you permission to copy pages of Sunovion web site documents published herein on the Internet for non-commercial use only, provided any copy of these documents that you make shall retain all copyright and other proprietary notices and any disclaimers contained herein.

Links to Sunovion Web Sites
You may not link to a Sunovion web site without first obtaining Sunovion’s prior written consent, such revocable consent to be at the sole discretion of Sunovion.

Governing Laws; Enforcement
Use of this web site, the Terms of Use, and the Privacy Policy are governed by the laws of the Commonwealth of Massachusetts without reference to choice of law doctrine. Any legal action or proceeding related to this web site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Massachusetts. If any provision of the Terms of Use is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions.

IMPORTANT SAFETY INFORMATION
Do not take more LUNESTA than prescribed. LUNESTA acts quickly, so take it right before bed, and only if you have 7-8 hours to devote to sleep. Do not take LUNESTA if you are allergic to anything in it. LUNESTA should not be taken together with alcohol or other sedative hypnotics. The morning after you take LUNESTA your ability to drive safely and think clearly may be decreased. Until you know how you will react to LUNESTA, you should not drive or perform other activities that require complete mental alertness the day after use. Call your doctor if your insomnia worsens or is not better within 7 to 10 days. This may mean that there is another condition causing your sleep problems. LUNESTA may cause serious side effects that you may not know are happening to you including daytime sleepiness, not thinking clearly, acting strangely, confused or upset, or walking, eating, driving or engaging in other activities while asleep. Other abnormal behaviors include aggressiveness, agitation, hallucinations and confusion. In depressed patients, worsening of depression including risk of suicide may occur. These risks may increase if you drink alcohol. Severe allergic reactions such as swelling of the tongue and throat occur rarely and may be fatal. Call your doctor if you experience these or any effects or reactions that concern you. LUNESTA, like most sleep medicines, carries some risk of dependency. Side effects may include unpleasant taste, headache, morning drowsiness and dizziness.

INDICATION
Lunesta® (eszopiclone) is a prescription sleep medicine used in adults for the treatment of a sleep problem called insomnia. Symptoms of insomnia include trouble falling asleep and waking up often during the night.

You are encouraged to report negative side effects of prescription drugs to the FDA. Visit www.fda.gov/medwatch or call 1-800-FDA-1088. For more information, please see the LUNESTA Medication Guide and Full Prescribing Information.

The health information contained herein is provided for educational purposes only and is not intended to replace discussions with a healthcare provider. The products discussed herein may have different product labeling in different countries. All decisions regarding patient care must be made with a healthcare professional, considering the unique characteristics of the patient. Remember that no medicine is for everyone. Only your healthcare professional can prescribe LUNESTA for you.

This site is intended for U.S. residents 18 years of age or older.