Terms and Conditions

Website Terms of Use—General Information:

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY ACCESSING, BROWSING AND USING THIS WEB SITE (THE “SITE”), YOU ARE AGREEING TO ABIDE BY AND BE BOUND BY THESE TERMS OF USE AND ALL APPLCIABLE LAWS. IF YOU DO NOT WISH TO BE BOUND OR ABIDE BY THE TERMS OF USE THEN LEAVE THIS SITE IMMEDIATELY. ANY ACCESS OF THIS SITE SHALL BE DEEMED TO BE AN ACCEPTANCE OF THE PRESENT TERMS AND ASSERTION OF RIGHTS WITHOUT LIMITATION OR QUALIFICATION.

Use of the Site. This Site is hosted, owned, operated and maintained by McKesson Canada Corporation (“McKesson Canada”), as a third party service provider to Pharmascience Inc., Cobalt Pharmaceuticals Inc. and Apotex Inc. (collectively referred to as the “Clients”).

For clarity any reference herein to “You”, “Your”, “Yourself”, shall mean the individual accessing, browsing and using this Site.

Important Legal Information
The information and material appearing on this Site, or through links to other sites are not a substitute professional medical care or attention by a qualified practitioner. This Site is not designed to and does not provide medical advice, professional diagnosis, opinion, treatment or services to You or to any other individual. The materials, content and any links on this Site, together with any communications received from this Site are presented for general informational and educational purposes only. This Site does not and is not intended to offer personalized medical diagnosis or patient-specific treatment advice, and any information contained herein cannot and should not be relied on as a basis for diagnosis or choice of treatment. McKesson Canada and the Clients disclaim any liability for use of this Site as medical advice. You should not use any information or material contained on this Site or through links to other sites as a replacement for a visit, call consultation or the advice of a physician or other healthcare provider. We strongly advise all users with health problems to consult a doctor or other health professional. McKesson Canada is not liable or responsible for any advice, course of treatment, diagnosis or any other information, services or product You obtain through this Site or Your use of this Site and any information contained herein. McKesson Canada and its Clients are not responsible for the accuracy of the information entered in this Site by You or any other third party.

Privacy of Information. McKesson Canada is committed to respecting Your privacy. McKesson Canada may collect and store any personal information that You provide on this Site. Said personal information may include, amongst other things, Your name and information used to authenticate You such as passwords, usernames and digital signatures. Your personal information will be used by McKesson Canada in order to assist You with regards to the Site’s use. Your personal information will not be used for any other purpose unless Your consent is first obtained or the use is permitted or required by law or the information is rendered anonymous.

McKesson Canada’s employees as well as those of its affiliated companies are instructed to use strict standards of care in handling the personal and confidential information of McKesson Canada’s clients.

Information may be temporarily shared with agents or contractors of McKesson Canada for the purpose of performing services for McKesson Canada; these agents or contractors will be bound by a confidentiality agreement to maintain the privacy of McKesson Canada users. McKesson Canada will store Your personal information in a secure and confidential database, with access restricted to authorized employees, agents and contractors.

It is understood that You are responsible for safeguarding access to the personal information relating to Yourself, which is viewable using Your passwords, and that neither McKesson Canada nor its Clients have control over third party access to same at Your end, through Your decision, fault or negligence.

“Cookies”
The Site only uses session cookies. Session cookies are used to make it easier for You to navigate the Site and they expire when You close the browser. The Site automatically collects and temporarily stores certain information about Your computer and Your visit to the Site, including the domain and host from which You access the Internet, the Internet address of the web site from which You linked directly to the Site, the date and time You arrived at the Site, the amount of time You spent on the Site, and the pages You visited using ‘cookies’. In addition, Your Internet protocol (IP) address and Your computer's operating system and browser software information will be collected. A cookie is a small text file containing a unique identification number that identifies the visitor’s browser, but not necessarily the visitor, to our computers each time Site is visited.

We do not sell, rent, or otherwise disclose this information to anyone outside of McKesson or Clients, or their related entities or other organizations with whom we have a commercial relationship, except to measure the use of our web site, to improve the functionality and content of the web site and to facilitate usage by a visitor.

Access and Security.
It is Your responsibility to maintain or to ensure the maintenance of Your Internet access at a level that permits adequate usage of the Site’s services.

Intellectual Property. Various federal, provincial and international laws protect the content included on the Site. Any reproduction, publication, distribution or public execution of the content included in the Site, in part or in whole, is strictly forbidden. Any unauthorized use of the aforementioned content may subject the offender to civil responsibility proceedings and/or criminal charges.

Certain names, graphics, logos, icons, designs, words, titles or phrases on the Site may constitute trade names, trademarks or service marks of McKesson Canada or its business partners, including the Clients, that may or may not be registered in Canada and in other countries. McKesson Canada or the Clients, either own the intellectual property rights to the above protected elements in the underlying HTML, text and images that is made available to You on the Site, or have obtained the permission of the owner of the intellectual property to use such logos and other trademark and protected elements. In this way, McKesson Canada and the Clients fully respect the intellectual property rights of their business partners and expect You to do the same.

The display of trademarks on the pages of the Site does not imply that a license of any kind has been granted to the viewer. Any unauthorized downloading, re-transmission or other copying or modification of trademarks and/or the contents herein may be a violation of federal laws or common law, trademark and/or copyright laws and could subject the copier to legal action. McKesson Canada may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property rights of McKesson Canada, the Clients and/or their respective business partners.

The images and photographs appearing on the Site are provided for use solely on the Site, and the purposes identified herein. Such images and photographs are not to be used by any person outside of the Site, for any other purposes whatsoever. In addition, such images and photographs are not to be copied in whole or in part.

Third-Party Web Sites
This Site may contain links to other web sites. We are providing these links only as a convenience, and the inclusion of any such link does not imply endorsement by McKesson Canada or any of the Clients of the third-party web site, its content, or any products or services available there. Neither McKesson Canada nor any of the Clients assume responsibility or liability for information or content contained on other web sites. Linking to any other web sites is at Your own risk and such web sites may be controlled by their own terms of use to which You may be subject.

Limited Grant to Use of Software. You agree to use any software only as embedded within the Site, and may not reverse engineer, use, distribute, assign, transfer, copy or sublicense any software application, component or program used in the Site (collectively the "Software"). You agree to respect intellectual property rights applicable to the Software, including but not limited to those of the Institute for Applied Information Processing and Communication (“IAIK”). Such third parties expressly disclaim all warranties, including the implied warranties of merchantability and fitness for a particular purpose and have a direct right of action against You to enforce their rights in the Software. You will have no right to any and all special, indirect, incidental and consequential damages related to the use of the Software, such a disclaimer and limit of liabilities shall enure to the benefit of McKesson Canada software suppliers.

Damage to Others. You agree not to introduce into or through the Site any information or materials which may be harmful to others including but not limited to knowingly or otherwise introducing any error or defect in material or information which may, among other things, be defamatory or an obscenity or promote hatred or otherwise give rise to a criminal offense or civil liability on the part of any person or entity.

Limitation of Liability. Under no circumstances, will McKesson Canada, the Clients nor any of their respective affiliates, related companies, licensors, joint venture partners or any party involved in the creation, production or delivering of the Site shall be liable for any direct, indirect, incidental, consequential or punitive damages even if they have been advised of the possibility of such damages, arising out of Your access, use or inability to use the Site, material, products or services of any kind, delay or partial delivery, for any errors or omissions in the content of the Site or for damage that might occur to Your system hardware or software as a result of access or attempted access to the Site. Your sole and exclusive remedy is to discontinue using and accessing the Site.

Due to unforeseen circumstances, there may be a period when the Site becomes unavailable, either temporarily or permanently. In such a situation, neither McKesson Canada nor the Clients will be held liable for this interruption and for any impact it may have on You or third parties. You agree to waive any right of action against McKesson Canada, the Clients and/or their respective affiliates, related companies, licensors and joint venture partners in the event of such a situation.

Exclusion of Warranties. Neither McKesson Canada nor the Clients make any representation or warranty regarding the functionality or condition of the Site, its suitability for use or that its use will be uninterrupted or error-free. ALL MATERIAL OR INFORMATION ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. MCKESSON CANADA THE CLIENTS AND THEIR RESPECTIVE AFFILIATES, RELATED COMPANIES, LICENSORS AND JOINT VENTURE PARTNERS DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED IN THESE TERMS. TO THE EXTENT THAT THE JURISDICTION TO WHICH YOU ARE SUBJECT DOES NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES, SUCH EXCLUSIONS WHICH ARE NOT PERMITTED DO NOT APPLY.

Indemnification
You agree to defend, indemnify, and hold harmless McKesson Canada and each of the Clients and their related entities, as applicable, from and against any claim or demand made by any third party, and all associated liabilities, costs, damages, and expenses arising out of or relating to Your browsing or use of the Site and any information contained therein, content or information You transmitted to or though this Site, downloading of any information on this Site, Your violation of any third party's rights, or Your breach of these Terms of Use.

Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario. You irrevocably consent to the jurisdiction of the courts of Toronto, Ontario for any action arising from or out of Your use of this web site or its content.

Reservation of Rights
We reserve the right to restrict, terminate, or limit Your access to this web site at any time, with or without notice. We reserve the right to make changes to the web site, policies, and these Terms of Use at any time without notice to You. McKesson Canada does not assume, and expressly disclaims, any obligation to obtain and include any information other than that provided on this Site. All rights not expressly granted in these terms are reserved to McKesson Canada. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual right of McKesson Canada or any other person or entity.

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