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Welcome to Our Website. Please read the following terms and conditions carefully before using this website. By accessing and using this website, you are indicating that you have read, understood and agree to be bound by the following terms and conditions. We may change these terms and conditions from time to time at our sole discretion and without notice. Your continued access after any change constitutes acceptance of the amended provisions, and the terms in place at the time of access apply. If you do not agree with the terms and conditions, do not access and use our website. These terms and conditions apply to all visits to our website.

Limited License. Information and materials on our website may be protected by copyright and other laws protecting intellectual property or proprietary rights, and those proprietary rights may belong to us or to third parties. We authorize you to access, view and copy information and materials on the public portions of our website for non-commercial, personal and informational use, and, with appropriate attribution, to search or link to the public portions of our website. Any copy of this material or information you copy shall retain all copyright and other proprietary notices in the same form and manner as on the original. No other use of the information is authorized. This permission terminates automatically and without notice if you breach any of these terms and conditions. Except as expressly provided above, nothing contained in this website shall be construed as conferring by implication, estoppel or otherwise, any license or right under any copyright, patent, trademark or other intellectual property right of ours or any third party. Except as expressly provided above, no portion of the information on our website may be reproduced in any form, or by any means, without our prior written permission. Some images © copyright 1999-2004 Getty Images, Inc., all rights reserved.

Compliance with Applicable Laws. User access to our website is governed by all applicable federal, state and local laws. If the laws of your jurisdiction do not permit access, then you must refrain from doing so.

Trademark Information. All trademarks, logos and service marks ("Marks") displayed on our website, whether or not appearing with the trademark symbol, are the property of Array or of third parties. You are not permitted to use these Marks without our prior written consent or the prior written consent of the third party that owns the Mark.

Privacy. If you submit any information (including personal information) at this website, such information will be subject to the Array privacy policy. You are solely responsible for the content of any information sent to Array, including, without limitation, its accuracy, truthfulness and non-infringement of any other person's legal rights.

Disclaimers. Although we have attempted to provide accurate information and materials on our website, we assume no responsibility and make no warranties regarding for the accuracy, completeness, availability, or timeliness of that information and those materials. In particular, we may not update our website on a regular basis, and the information and materials contained on our website may be out of date or include omissions or other errors. We may make additions, deletions and modifications to the information provided on our website at any time without notice.

THE WEBSITE AND ALL INFORMATION AND MATERIALS PROVIDED ON THAT WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ARRAY, ITS AFFILIATES AND COLLABORATORS DISCLAIM ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, THE USE OF REASONABLE SKILLS AND CARE, AND NON-INFRINGEMENT.

The use of the word "collaborator," "partner," "collaboration" or "partnership" does not mean a legal partner or legal partnership.

Limitation of Liability; Indemnification. YOUR USE AND ACCESS OF THE WEBSITE IS AT YOUR OWN RISK. ARRAY, ITS AFFILIATES AND COLLABORATORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM USE OF OUR WEBSITE OR THE MATERIALS, INFORMATION OR LINKS TO OTHER WEBSITES OR INFORMATION OF THIRD PARTIES CONTAINED IN IT, EVEN IF ARRAY, ITS AFFILIATES AND COLLABORATORS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO HOLD ARRAY, ITS AFFILIATES AND COLLABORATORS HARMLESS FROM AND NOT TO SUE SUCH PERSONS FOR ANY CLAIMS FOR ANY LOSSES, DAMAGES, EXPENSES AND COSTS, INCLUDING ATTORNEY'S FEES, BASED UPON OR RELATED TO THE USE OF OUR WEBSITE, THE MATERIALS AND INFORMATION ON OUR WEBSITE, OR ANY WEBSITES LINKED FROM OUR WEBSITE.

Links to Other Websites. Our website contains information and materials from third parties and links to websites owned and/or controlled by other parties over whom we have no control. Access to any other website is at your own risk and we are not responsible for the functionality of these websites or for the accuracy or reliability of any information accessible from these websites. We provide these links merely as a convenience, and the links are not an endorsement. It is also up to you to take precautions to ensure that whatever websites you access are free of viruses and other items of a destructive nature.

Mention of the products or services of third parties is for information purposes only and is neither an endorsement nor a recommendation.

Governing Law and Jurisdiction. We reserve our right to any remedy available at law or equity in the event of your breach of these terms of use. All matters based on, arising out of, or relating to your access to, or use of, our website shall be governed by U.S. federal law or by the laws of the State of Colorado, without reference to conflict of laws principles. Any legal action or proceeding relating to your access to, or use of, our website shall be instituted in a state court in Boulder County, Colorado or the U.S. District Court for the District of Colorado. You and Array agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any legal action or proceeding.

Forward-Looking Statements. This website contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 that involve significant risks and uncertainties. In addition, we may make forward-looking statements in our press releases or in other oral or written communications with the public. These forward-looking statements include, but are not limited to, statements concerning the future drug development plans and projected timelines for the initiation and completion of preclinical and clinical trials by Array or our partners; the potential for the results of ongoing preclinical or clinical trials conducted by Array or our partners to support regulatory approval or the marketing success of drug candidates; our plans with respect to the timing and scope of the expansion of our clinical and commercialization capabilities; other statements regarding our future product development and regulatory strategies, including with respect to specific indications; the ability of third-party contract manufacturing parties to support our drug development activities; any statements regarding our future financial performance, results of operations or sufficiency of capital resources to fund our operating requirements; and any other statements which are other than statements of historical fact.

Although we believe the assumptions upon which our forward-looking statements are based currently to be reasonable, our actual results could differ materially from those anticipated in these forward-looking statements as a result of many factors. These factors include, but are not limited to, our ability to continue to fund and successfully progress internal research and development efforts and to create effective, commercially-viable drugs; our ability to effectively and timely conduct clinical trials in light of increasing costs and difficulties in locating appropriate trial sites and in enrolling patients who meet the criteria for certain clinical trials; the extent to which the pharmaceutical and biotechnology industries are willing to in-license drug candidates for their product pipelines and to collaborate with and fund third parties on their drug discovery activities; our ability to out-license our proprietary candidates on favorable terms; risks associated with our dependence on our partners for the clinical development and commercialization of our out-licensed drug candidates; the ability of our partners and of Array to meet objectives tied to milestones and royalties; our ability to attract and retain experienced scientists and management; our ability to achieve and maintain profitability; and the risk factors set forth in our annual report filed on form 10-K under the caption "Item 1A. Risk Factors." We are providing this information as of the date of this report. We undertake no duty to update any forward-looking statements to reflect the occurrence of events or circumstances after the date of such statements or of anticipated or unanticipated events that alter any assumptions underlying such statements.

Severability. If any provision of these terms of use should be held invalid, illegal or unenforceable in any jurisdiction, all other provisions shall remain in full force and effect in such jurisdiction and shall be liberally construed in order to carry out the intentions of the Parties hereto as nearly as may be possible. Such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of such provision in any other jurisdiction.

 
 
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