TERMS OF USE
Thank you for visiting Compugen Ltd.’s (“Compugen”) website (the “Site”) which provides information regarding Compugen’s business and activities. Compugen and its subsidiaries are happy to make available to you the content on its Site for informational purposes. Please read these terms of use (the “Terms”) carefully before using this Site so that you are aware of your legal rights and obligations with respect to Compugen. By using our Site, you thereby agree to the Terms. If you do not agree to the Terms, you should exit our Site and not use or review any of the information that is posted on this Site.
Eligibility.
Access to the Site is void where prohibited. By using the Site, you represent and warrant that (a) you are 18 years of age or older or otherwise have the ability to form a binding contract; and (b) your use of the Site does not violate any applicable law or regulation or any obligation you may have to a third party.
Intellectual Property Rights.
We own the copyright in this Site and its content, including its overall appearance, graphics design and underlying source files. You may download or copy material from our Site, only for your own personal, non-commercial use. Any other use is forbidden. Except as permitted above, you may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into, frame or use for any public or commercial purpose the contents of this Site without the prior written permission of Compugen.
The entire contents of this Site are protected by copyright and/or other intellectual property rights, and Compugen owns and retains all of its rights in the content and the Site. No copyright notices, other intellectual property or legal notices or other identifying information may be removed from downloaded materials. Compugen’s name and Compugen’s logo and other Compugen product names and logos referenced in this Site are trademarks of Compugen Ltd. and/or its subsidiaries, registered in the U.S.A., EU member states and Israel. You may not separate from this Site, or copy or download separate from our Site, or otherwise use any of these trademarks or logos. Nothing contained in this Site should be construed as granting any license or right to use any of these trademarks or logos.
You are not required to provide Compugen with any feedback or suggestions regarding the Site. However, should you provide Compugen with comments or suggestions for the modification, correction, improvement or enhancement of the Site, then, subject to the terms and conditions of these Terms, you hereby grant Compugen a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner Compugen chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of Compugen’s and its sublicensees’ products and content embodying such comments or suggestions in any manner and via any media Compugen chooses, but without reference to the source of such comments or suggestions.
Data Protection and Privacy.
Matters related to privacy and data protection are also governed by Compugen’s Privacy Policy, available here https://ww.cgen.com/privacy-policy (the “Privacy Policy”), which constitutes an integral part of these Terms by way of reference, and by using or accessing the Website you agree to be bound by its terms and conditions. Unless the context otherwise requires, all reference herein to these Terms, shall also include the Privacy Policy. We advise you to carefully read the Privacy Policy.
Use of the Site.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Compugen or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. You should have no expectation of privacy with respect to any communications on or through this Site. Please do not transmit any confidential information to or through this Site. Furthermore, Compugen is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, disclosure, reproduction and publication using such ideas, concepts, know-how, or techniques. Compugen will be free, without any compensation to you, to use any concepts or know-how contained in any communication or material that you send to our Site for any purpose whatsoever.
Disclosure.
We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including investigation of potential violations of it; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support and/or contact requests; or (v) protect the rights, property or safety of Compugen, our users or the public.
Links.
Our Site may be linked to third-party websites. Compugen provides links to these third-party websites for ease of reference only. Compugen is not affiliated with, has no control over the content or information posted on such third-party websites and we do not assume any responsibility or liability therefore. Third-party websites may have policies about the use of your personally identifying information that are different than ours. You expressly release Compugen from any and all liability arising from your use of any third-party website. You should refer to these third-party websites’ respective privacy notices and terms of use.
Limitation of Liability; Disclaimers.
Compugen has made and will continue to make all possible efforts to include accurate and up-to-date information on this Site. However, Compugen cannot guarantee that the information posted on this Site is accurate, complete or suitable for any purpose. In addition, Compugen cannot guarantee that the content posted on this Site has not been affected by technical malfunctions or unauthorized tampering. Compugen does not guarantee that material on this Site will be free from infection, viruses, worms, Trojan horses and/or other code that has contaminating or destructive properties. Compugen assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site. It is your responsibility to take protective steps such as virus checking.
TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, COMPUGEN MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THIS SITE OR ANY INFORMATION POSTED ON THIS SITE. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IN NO EVENT WILL COMPUGEN, ITS SUBSIDIARIES, EMPLOYEES OR OFFICERS BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND WHATSOEVER REGARDLESS OF THE FORM OF ACTION RESULTING TO YOU OR TO ANY THIRD PARTY DIRECTLY OR INDIRECTLY FROM ANY USE OF THIS SITE OR DEFECT IN THIS SITE OR ANY INFORMATION CONTAINED IN THIS SITE, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE, OR OTHER INDIRECT DAMAGES, EVEN IF COMPUGEN HAS BEEN ADVISED OF THE POSSILIBTY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPUGEN SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS AND/OR DEFAMATORY, OFFENSIVE AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM AND/OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH YOU. COMPUGEN’s LIABILITY FOR ANY DAMAGES OR CLAIMS OF ANY KIND, SHALL NOT EXCEED 1 US$.
BY USING THIS SITE, YOU EXPRESSLY ASSUME ALL RISK THAT THE INFORMATION AND MATERIALS ON THIS SITE MAY BE INCOMPLETE, INACCURATE, OUT-OF-DATE, OR MAY NOT MEET YOUR NEEDS OR REQUIREMENTS.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You are responsible for checking your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Forward Looking Statements.
This Site contains “forward-looking statements” within the meaning of the Securities Act of 1933 and the Securities Exchange Act of 1934, as amended, and the Private Securities Litigation Reform Act of 1995. Forward-looking statements can be identified by the use of terminology such as “will,” “may,” “expects,” “anticipates,” “believes,” “potential,” “plan,” “goal,” “estimate,” “likely,” “should,” “confident,” and “intends,” and similar expressions that are intended to identify forward-looking statements, although not all forward-looking statements contain these identifying words. These forward-looking statements involve known and unknown risks and uncertainties that may cause the actual results, performance or achievements of Compugen to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements. Among these risks: Compugen’s operations could be affected by the outbreak and spread of COVID-19, clinical development involves a lengthy and expensive process, with an uncertain outcome and Compugen may encounter substantial delays or even an inability to begin clinical trials for any specific product, or may not be able to conduct or complete its trials on the timelines it expects; Compugen relies, and expects to continue to rely, on third parties to conduct its clinical trials and if these third parties do not successfully carry out their contractual duties, comply with regulatory requirements or meet expected deadlines (including as a result of the effect of the COVID-19), Compugen may experience significant delays in the conduct of its clinical trials; Compugen’s approach to the discovery of therapeutic products is based on its proprietary computational target discovery infrastructure, which is unproven clinically; Compugen does not know whether it will be able to discover and develop additional potential product candidates or products of commercial value; Compugen’s business model is substantially dependent on entering into collaboration agreements with third parties; and Compugen may not be successful in generating adequate revenues or commercializing aspects of its business model. These risks and other risks are more fully discussed in the “Risk Factors” section of Compugen’s most recent Annual Report on Form 20-F as filed with the Securities and Exchange Commission as well as other documents that may be subsequently filed by Compugen from time to time with the Securities and Exchange Commission. In addition, any forward-looking statements represent Compugen’s views only as of the date of its release and should not be relied upon as representing its views as of any subsequent date. Compugen does not assume any obligation to update any forward-looking statements unless required by law. Certain studies and data presented in the Site have been conducted for us by other entities as indicated where relevant.
Indemnification.
You will indemnify and hold harmless Compugen, its subsidiaries, and any of their respective officers, directors, and employees, from and against any and all damages, judgments, settlements, penalties, costs and expenses (including attorneys’ fees) paid or incurred in connection with claims due to, resulting from or arising in connection with your use of this Site or breach of these Terms.
Revision and Update of Terms.
We may revise the Terms at any time without notice by updating this Site which revisions will be effective thirty (30) days following posting the revised Terms on the Site. All updates to the Terms will be posted on this page. You should periodically visit these Terms to review the current terms that apply to your use of our Site. Your continued use of the Site means you will accept all any revisions or updates.
General.
Compugen reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and Compugen shall be governed by and construed in accordance with the laws of the State of Israel, without reference to its conflict of laws rules. You and Compugen agree to submit to the personal and exclusive jurisdiction of the courts of Tel Aviv, Jaffa and waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms and Privacy Policy, together with any other legal notices published by Compugen on the Site, shall constitute the entire agreement between you and Compugen concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
By providing your email address, you expressly agree to receive promotional content from Compugen, by mail or email, from time to time. If you provide Compugen with your phone number, Compugen shall be entitled to call you or send you promotional SMS notices from time to time. If you wish not to receive such promotional content / notices, you may notify Compugen at any time.
How to Contact Us. If you have any questions or concerns about the Terms for this Site or its implementation you may contact us at info@cgen.com.
Last update: December 2020.
