• Terms of Use
• Intellectual Property

PLEASE READ THESE TERMS OF USE ("TERMS OF USE") AND THE PRIVACY POLICY ("PRIVACY POLICY") CAREFULLY BEFORE USING THIS SITE. YOUR USE OF THIS SITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE FOLLOWING TERMS OF USE AND PRIVACY POLICY. BY USING THIS SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS OF USE AND THE PRIVACY POLICY; WHICH IS HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE WITH ANY PART OF THE FOLLOWING TERMS OF USE AND PRIVACY POLICY, YOU MUST NOT USE THIS SITE.

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User Rights

The website currently located at http://www.fiveprime.com and http://www.fiveprime.net ("Site") of  Five Prime Therapeutics, Inc. ("FivePrime", "we" or "us") and the computers (including software and files) used to run and maintain it are the property of FivePrime. This Site, the computers hosting this Site, and the content provided on this Site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software (the "Materials") are the exclusive property of FivePrime, and may not be used commercially in any manner, including accessed, copied, reproduced, republished, publicly performed or displayed, downloaded, posted, transmitted or distributed, without the written permission of FivePrime. You may, however, access this Site and download, display and print the Materials presented on this Site for your personal, non-commercial use only. Any unauthorized use of this Site will terminate the permission granted by these Terms of Use and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

You may not, without the prior written permission of FivePrime, use any computer code, data mining software, "robot," "bot," "spider," "scraper," or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site or accessed through this Site.

You may not use, frame or utilize framing techniques to enclose any FivePrime trademark, logo, Materials, or other proprietary information (including, without limitation, the images found on this Site, the content of any text or the layout or design of any page or form contained on a page) without the express written consent of FivePrime. Further, you may not use any meta-tags or any other "hidden text" utilizing a FivePrime name, trademark, or product name without our express written consent.

Submissions to our Site

Any submissions made to this Site, including, but not limited to, suggestions, questions, documents, computer files, ftp transfers, e-mails, or other information or materials, in any form, shall be the exclusive property of FivePrime. Such submissions shall be deemed to be non-confidential and FivePrime shall have no obligation of any kind with respect to such submissions and shall be free to reproduce, use, disclose and distribute the submissions to others without limitation. FivePrime shall be free to use such submissions, including any ideas, concepts, know-how or techniques contained therein, for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products based upon such submissions, without any obligation to you. You grant to FivePrime an unrestricted, irrevocable license to reproduce, modify, distribute, publicly display, publicly perform, otherwise use, and transmit any materials you submit to us and to sublicense others to do so on FivePrime's behalf in connection with this Site and FivePrime's business, products and services.

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or other harm resulting from your use of this Site and you agree to indemnify, defend and hold harmless FivePrime against any all claims arising from your violation of these Terms of Use.

Linking

FivePrime makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of FivePrime and we cannot and are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The links are provided to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or of any information contained therein. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

Forward-Looking Statements

Five Prime Therapeutics, Inc. is a privately held corporation. This Site, and any documents issued by FivePrime and available through this Site, may contain statements that constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Those statements can be identified by the use of words such as "believe," "expect," "plan," "may," "will," "should," "anticipate" or similar statements or the negative of these words. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. FivePrime undertakes no obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made.

Press Releases

The information contained within press releases issued by FivePrime should not be deemed accurate or current except as of the date the release was posted. We have no intention of updating, and specifically disclaim any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is subject to material risk.

Third-Party Information about FivePrime

We may provide links to third-party sites or services that contain financial or investment information about FivePrime. Access to such sites and the information contained therein is provided as a service to those interested in the information. We neither regularly monitor nor have control over the content of third parties' statements or sites. Accordingly, we do not endorse or adopt these sites or any information contained therein. We make no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party sites or other third-party information that is identified on this Site. Users visit these third-party sites and use the information contained therein at their own risk.

Warranties and Disclaimers

THIS SITE AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. FIVEPRIME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT AND SERVICES ON THE SITE. FIVEPRIME DOES NOT REPRESENT OR WARRANT THAT CONTENT AND MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE FIVEPRIME ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, FIVEPRIME CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER (S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Medical Information

This Site may contain information related to certain medical conditions and treatments therefor. This information is not meant to be, and should not be considered as, medical advice. Should a medical condition exist, you should promptly see your own physician or health care provider.

Limitation of Liability

IN NO EVENT SHALL FIVEPRIME BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF DATA, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS OR USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS TO THOSE CONTAINED HEREIN.

General Terms

No waiver by FivePrime, whether express or implied, of any provision of these Terms of Use shall constitute a continuing waiver of such provision or a waiver of any other provision of these Terms of Use. Nor shall FivePrime be estopped from enforcing any provision of these Terms of Use, except by written instrument executed by FivePrime. Notwithstanding any of these terms and conditions, we reserve the right, without notice and in our sole discretion, to terminate your access to the Site, and to block or prevent future access to and use of the Site. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Applicable Law and Venue

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without resort to conflict of law rules. You agree that any action at law or inequity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in San Francisco, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

Construction and Enforceability

If any portion of these Terms of Use (or other terms and conditions applicable to a section of this web site) is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible. Any unaffected provision of these Terms of Use shall remain in full force and effect.

FivePrime reserves any rights not otherwise expressly granted by this Agreement.

Changes to Terms of Use

These Terms and Conditions are effective as of the date first written above. FivePrime reserves the right to modify these Terms and Conditions at our discretion. If we decide to change these Terms and Conditions we will post those changes here. We encourage you to visit this section of our site regularly in order to remain informed of any changes. Changes to our Terms and Conditions shall become effective as of the time they are posted to this site.

LAST UPDATED: April 2006

Intellectual Property  

Copyright

All copyrighted and copyrightable materials on this Site, including, without limitation, the FivePrime logo, design, text, graphics, pictures, sound files and other files, and the selection and arrangement ("Copyright Materials") thereof are ALL RIGHTS RESERVED Copyright © 2003 - 2006. Five Prime Therapeutics, Inc., and/or its licensors.

Except as stated in our Terms of Use, none of the Copyright Materials may be copied, reproduced, distributed, republished, downloaded, publicly displayed and performed, posted or otherwise used or transmitted in any form or by any means, including, but not limited to, electronic or mechanical reproduction, photocopying, recording, or otherwise, without the prior written permission of FivePrime or the respective copyright owner.

Trademarks

FivePrime, the FivePrime logo, and any product or service names appearing on this Site are trademarks, service marks or registered trademarks or service marks of FivePrime or its partners, suppliers or licensors.

Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by FivePrime.

LAST UPDATED: April 2006