Effective: September 18, 2015
offers you access to the websites, applications and digital services
on or to which these Terms are linked or referenced (collectively, the
Before accessing and using the Services, please read these Terms
carefully because they constitute a legal agreement between Amgen and
BY ACCESSING AND USING THE SERVICES, YOU AFFIRM THAT:
- YOU HAVE READ AND UNDERSTAND THESE TERMS;
- YOU WILL COMPLY WITH THE TERMS; AND
- YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.
IF YOU ARE USING THE SERVICES ON BEHALF OF YOUR EMPLOYER, YOUR
ACCEPTANCE OF THESE TERMS IS DEEMED AN AGREEMENT BETWEEN YOUR EMPLOYER
AND AMGEN AND YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND
YOUR EMPLOYER TO THESE TERMS.
If you do not agree to any of these Terms, please do not use the Services.
1. ADDITIONAL TERMS
Certain features of the Services, such as mobile applications ("Apps"), promotions, offers and research studies, may be subject to additional terms and conditions ("Additional Terms")
presented in conjunction with them. Amgen may present Additional Terms
to you through the Services or offline. Regardless of how they are
presented to you, Amgen requires that you agree to Additional Terms
before using these features of the Services. Unless otherwise
specified in Additional Terms, all Additional Terms are incorporated
into these Terms. If you do not agree to Additional Terms, you will
not have access to the Services to which they relate. These Terms and
Additional Terms apply equally. If, however, any Additional Term is
inconsistent with any provision of these Terms, the Additional Term will
prevail but only for the Service(s) to which the Additional Terms
2. CHANGES TO TERMS
The Effective Date of these Terms is set forth at the top of this
webpage. As we add new features, we may amend or supplement these
Terms. We will provide you with advance written notice of material
changes to these Terms and will not make changes that have a
retroactive effect on your privacy rights unless we are legally
required to do so or to protect other users' use of the Services. Your
continued use of the Services after the Effective Dateconstitutes your
acceptance of the amended Terms. The amended Terms supersede all
previous versions of or agreements, notices or statements about the
3. CONTENT OF THE SERVICES
The Services, including any information, graphic, artwork, text,
video clip, audio clip, trademark, logo, service mark and/or other
content provided on, in or through the Services (collectively, "Amgen Content")
are owned by Amgen or its licensors and protected under both United
States and foreign copyright, trademark and other laws.
If you agree to these Terms, then Amgen grants to you a personal,
nonexclusive, nontransferable and limited license (without the right to
sublicense) to access and use the Services and download, print and/or
copy Amgen Content solely for your own use and subject to these Terms.
Nothing contained in these Services should be construed as granting,
by implication, estoppel, or otherwise, any license or right in and to
Amgen's trademarks, logos or service marks ("Marks"),
patents, trade secrets or other intellectual property embodied in the
Services. Unauthorized use of any of the Marks or Amgen's other
intellectual property may violate law. All rights not expressly granted
herein are reserved by Amgen.
Unless Amgen provides you with written authorization to do so, you may not:
- incorporate any Amgen Content into any other work (such as your
own website) or use Amgen Content in any public or commercial manner;
- change any of the notices about copyright, trademarks or other
intellectual property rights that may be part of the Amgen Content; or
- "deep link" to any of the Services (i.e., link to any page other than the home page of one of the Services).
YOUR USE OF THE AMGEN CONTENT IS SOLELY AT YOUR OWN RISK.
4. AMGEN CONTENT IS NOT MEDICAL OR PROFESSIONAL ADVICE.
The Amgen Content, including all medically-related information, is
for informational purposes only. Please confirm all Amgen Content with
other sources and with your physician and professional health care
providers. Amgen does not warrant or guarantee any treatment, therapy,
medication, device, diagnosis, action, recommendation, or strategy of
any author or other person available through the Services.
AMGEN CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED
AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE,
DIAGNOSIS OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING
MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER BECAUSE OF
SOMETHING YOU MAY HAVE READ THROUGH THE SERVICES. DO NOT USE THE
SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL
EMERGENCY, IMMEDIATELY CALL A HEALTH CARE PROFESSIONAL AND 999.
5. USE OF THE SERVICES
You must be the age of legal majority or older in your place of
residence to use the Services. By using the Services, you represent to
Amgen that you are at least the age of majority in your place of
residence and an authorized resident of Hong Kong.
5.2 Your Account: If you create an account ("Account")
to use certain features of the Services, you agree that you will
maintain your Account information to ensure that it is always current,
complete and accurate. If you provide untrue, incomplete or inaccurate
information, you understand that we have the right to terminate your
Account and use of the Services.
By creating an Account, you agree that Amgen may contact you using the contact information that you provide when creating your Account.
Please do not share your Account with anyone else. You are
responsible for all use of your Account, including use by others to whom
you have provided access to your Account. You also are responsible
for any use of your Account by any person that is caused by your
failure to secure your user ID or password.
5.3. Your Responsibilities:
You may use the Services for lawful purposes only. You may not use the
Services in any manner that could damage, disable, overburden or
impair Amgen's servers or networks or interfere with any other party's
use and enjoyment of the Services.
You may not attempt to gain unauthorized access to the Services,
other users' Accounts or Amgen's computer systems or networks through
hacking, password mining or any other means. Without limiting any of the
foregoing, you agree that you shall not and you agree not to encourage
or allow any third party to:
- copy, modify, adapt, translate, reverse engineer, decode
or otherwise attempt to derive or gain access to any portion of the
Services or Amgen Content;
- use any robot, spider, site search/retrieval application
or other automated device, process or means to access, retrieve,
scrape or index any portion of the Services;
- rent, lease, lend, sell, sublicense, assign, distribute,
publish, transfer or otherwise make available the Services (or any
features or functionality of the Services) to any third party for
- reformat or frame any portion of the web pages that are part of the Services; or
- create more than one Account by automated means or under false or fraudulent pretenses.
You are solely responsible for any and all charges, fees and other
costs related to use of the Services. If you access and use the
Services on your smartphone, tablet or other mobile device, you must
have wireless service through Wi-Fi or a participating mobile service
provider. Certain Services may require text messaging (SMS or MMS)
capability. You agree that you are solely responsible for all message
and data charges that you incur from your mobile service provider. We
do not impose a separate charge for any text messaging services that
Amgen offers but message and data rates may apply. All charges are
billed by and payable to your mobile service provider. Amgen is not
liable for any delay in the receipt of any text message, as delivery is
subject to effective transmission from your mobile service provider.
Text messages are provided on an "as is" basis and may not be
available in all areas at all times.
Once you opt-in to receive text messages from us, the frequency of
text messages that we send to you will depend on your transactions with
us. By agreeing to receive text messages, you understand and
agree that Amgen may use an automatic dialing system to deliver text
messages to you and that your consent to receive text messages is not
required as a condition of purchase for any goods or services.
5.4 User Contributions:
Amgen may from time to time offer you access to web pages or screens
in the Services on or through which you and others can display, publish
or submit ("Post") information or otherwise provide feedback or information to Amgen ("User Contributions").
By Posting or transmitting User Contributions to Amgen (or Amgen's
designees) through the Services, you grant Amgen and Amgen's designees
a worldwide, non-exclusive, sub-licensable (through multiple tiers),
transferable, royalty-free, perpetual, irrevocable right to use,
reproduce, sublicense (through multiple tiers), distribute, create
derivative works of, perform and import your User Contributions in any
media now known or hereafter developed, for any purpose whatsoever,
commercial or otherwise, without compensation to you. All User
Contributions are deemed non-confidential and non-proprietary.
You are the owner of and responsible for your User Contributions.
In consideration of your opportunity to use the Services to post a
User Contribution, you represent and warrant that:
- you own or otherwise control all of the rights to your User
Contribution, including, without limitation, all copyrights and
- your User Contribution is true and accurate;
- your User Contribution does not infringe, misappropriate or
violate any third party's copyright, trademark, patent, literary, trade
secret, privacy, publicity, proprietary or other right;
- your User Contribution does not contain information that
identifies any person unless you have such person's express prior
written consent and, if you are a health care professional, you will
not submit any information that would directly identify a patient or
any information for which you do not have all necessary consents,
authorizations or other legally-required permission to disclose;
- your User Contribution does not make unsubstantiated claims
about any third party or its products or services or contain any
slanderous, defamatory, obscene, pornographic, threatening and/or
harassing comments or other content; and
- your User Contribution complies with all applicable laws, rules and regulations.
6. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
Amgen warrants that Amgen has validly entered into these Terms and
has the legal power to do so. You warrant that you have validly
entered into these Terms and have the legal power to do so. EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
Amgen specifically disclaims all warranties and conditions of any
kind, including any implied warranty of merchantability, fitness for a
particular purpose, title, non-infringement, freedom from defects,
uninterrupted use and all warranties implied from any course of dealing
or usage of trade. Amgen makes no warranty as to the accuracy,
completeness, currency or reliability of any of the Services. Amgen
does not warrant that (i) the Services will meet your requirements,
(ii) operation of the Services will be uninterrupted or virus- or
error-free or (iii) errors will be corrected. Any oral or written
advice provided by Amgen or its agents does not and will not create any
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO
Limitation of Liability
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
AMGEN SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY
WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICES, EVEN IF AMGEN HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT
LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE
USE OF THE SERVICES OR THAT ARISES IN CONNECTION WITH MISTAKES OR
OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE
USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SERVICES
OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF
GOD, WAR, TERRORISM, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION
OF, OR UNAUTHORIZED ACCESS TO THE SERVICES.
IF FOR ANY REASON THE DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF
LIABILITY SET FORTH IN THIS SECTION 6 IS/ARE INAPPLICABLE OR
UNENFORCEABLE FOR ANY REASON, THEN AMGEN'S MAXIMUM LIABILITY FOR ANY
TYPE OF DAMAGES HEREUNDER SHALL BE LIMITED TO THE LESSER OF THE TOTAL
FEES PAID BY YOU TO AMGEN DURING THE SIX (6) MONTHS PRECEDING THE EVENT
GIVING RISE TO THE LIABILITY AND $1,000.
The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law.
You acknowledge and agree that the above limitations of
liability, together with the other provisions in these Terms that limit
liability, are essential terms and that Amgen would not be willing to
grant you the rights set forth in these Terms but for your agreement to
the above limitations of liability.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT
TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF
KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
You agree to defend, indemnify and hold harmless Amgen and
affiliates and their respective officers, directors, employees, agents
and licensees from any and all liability including costs, expenses, the
costs of enforcing any right to indemnification hereunder and any
insurance provider and attorneys' fees brought against Amgen by any
third party arising out of or are related to your violation of these
Terms or use of the Services. Amgen reserves the right, at its own
expense, to assume the exclusive defense and control of any matter
subject to indemnification hereunder. No settlement that affects the
rights or obligations of Amgen may be made without Amgen's prior
Amgen agrees to indemnify you for any direct damages that you suffer
arising out of or related to any suit, action of proceeding by a third
party to the extent such direct damages arise from a claim that your
use of the Services in compliance with these Terms infringes a third
party's U.S. patent, copyright or trademark right.
8. APP UPDATES
Amgen may from time to time, in its sole discretion, develop and
provide updates for Apps, which may include upgrades, bug fixes, patches
and other error corrections and/or new features (collectively, "Updates").
Updates may also modify or delete in their entirety certain features
and functionality. You agree that Amgen has no obligation to provide
any Updates or to continue to provide or enable any particular features
Based on your mobile device settings, when your mobile device is
connected to the Internet, then either: (a) the Updates will
automatically download and install; or (b) you may receive notice of or
be prompted to download and install available Updates.
Please promptly download and install all Updates. If you do not,
portions of the Services may not properly operate. You further agree
that all Updates will be deemed part of the Services and subject to all
terms and conditions of these Terms.
9. ELECTRONIC CONTRACTING
Your affirmative act of using and/or registering for the Services
constitutes your consent to enter into agreements with Amgen
10. INFORMATION, NEWS AND PRESS RELEASES
The Services may contain information, news and/or press releases
about Amgen. While this information was believed to be accurate as of
the date it was prepared, Amgen disclaims any duty or obligation to
update this information, news or any press releases. Information about
companies other than Amgen contained in the news, press releases or
otherwise, should not be relied upon as being provided or endorsed by
11. THIRD-PARTY SITES & SERVICES
The Services may contain links to third-party websites and services, including social media (collectively, "Linked Services").
Linked Services are not under the control of Amgen and Amgen is not
responsible for Linked Services or for any information or materials on
or any form of transmission received from any Linked Service. The
inclusion of a link does not imply endorsement by Amgen of the Linked
Service or any association with the operators of the Linked Service.
Amgen does not investigate, verify or monitor the Linked Services.
Amgen provides links to Linked Services for your convenience only.
You access Linked Services at your own risk and subject to the privacy
policies, terms and conditions of use and other legal provisions
applicable to the Linked Services.
12. AMGEN'S LINKING POLICY
Unless otherwise set forth in a written agreement between you and
Amgen, you must adhere to the following rules if you link to any
portion of the Services: (i) any link to the Services must be a text
only link clearly marked "Amgen Service," (ii) the appearance, position
and other aspects of the link may not damage or dilute the goodwill
associated with Amgen's Marks, (iii) the link must "point" to the root
domain name of the Amgen Services and not to other pages within the
Services, (iv) the appearance, position and other attributes of the
link may not create the false appearance that your organization or
entity is sponsored by, affiliated with, or associated with Amgen, (v)
when selected by a user, the link must display the Service on
full-screen and not within a "frame" on the linking website or service,
and (vi) Amgen reserves the right to revoke its consent to the link at
any time and in its sole discretion.
13. DISPUTE RESOLUTION
The law of Hong Kong shall govern these Terms, without reference to
its choice of law rules. You and Amgen agree that the United Nations
Convention on Contracts for the International Sale of Goods does not
apply to the interpretation or construction of these Terms.
YOU AND AMGEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY
ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
YOU AND AMGEN AGREE THAT ALL CLAIMS WILL BE RESOLVED BY BINDING
ARBITRATION IN THE MANNER SPECIFIED IN THIS SECTION 13 AND THAT YOU AND
AMGEN WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW. RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any controversy or claim arising under or related to these Terms and
their interpretation or the breach, termination or validity thereof,
the relationships which result from these Terms, including disputes
about the validity, scope or enforceability of these Terms to
arbitration (collectively, "Covered Disputes") shall
be settled by binding arbitration in accordance with the commercial
rules of arbitration of the Hong Kong International Arbitration Center).
Any such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any claim
or controversy of any other party. The arbitration shall be conducted in
Hong Kong, and judgment on the arbitration award may be entered by any
court of competent jurisdiction. Either you or Amgen may seek any
interim or preliminary relief from a court of competent jurisdiction in
Hong Kong necessary to protect the rights or property of you or Amgen
pending the completion of arbitration.
Payment of all filing, administration and arbitrator fees will be
governed by the CCR's Rules. If, however, you are able to demonstrate
that the costs of arbitration will be prohibitive for you as compared
to the costs of litigation, Amgen will pay as much of the filing,
administration and arbitrator fees as the arbitrator deems necessary to
prevent the arbitration from being cost-prohibitive for you. If the
arbitrator determines the claim(s) you assert in the arbitration are
frivolous, you agree to reimburse Amgen for all fees associated with
the arbitration that Amgen paid on your behalf which you otherwise
would be obligated to pay under the Rules of the Hong Kong
International Arbitration Center.
A single arbitrator will be selected in accordance with the Rules of
the Hong Kong International Arbitration Center. The arbitration shall
be conducted in the English language. The arbitrator will have the
power to grant whatever relief would be available in court under law or
in equity and any award of the arbitrator will be final and binding on
each of the parties. The arbitrator will not, however, have the power
to award punitive or exemplary damages, the right to which each party
hereby waives. The arbitrator will apply applicable law and the
provisions of these Terms and the failure to do so will be deemed an
excess of arbitral authority and grounds for judicial review. The
arbitrator's decision must be with written explanation and remain
If any provision of the agreement to arbitrate in this Section 13 is
found unenforceable, the unenforceable provision will be severed and
the remaining arbitration terms will be enforced (but in no case will
there be a class, representative or private attorney general
arbitration). Regardless of any statute or law to the contrary, notice
on any claim arising from or related to these Terms must be made within
one (1) year after such claim arose or be forever barred.
14. SECURITIES LAWS
The Services website may include statements concerning Amgen's
operations, prospects, strategies, financial condition, future economic
performance and demand for Amgen's products or services, as well as
its intentions, plans and objectives, are forward-looking statements.
These statements are based upon a number of assumptions and estimates
that are subject to significant uncertainties, many of which are beyond
our control. When used on or in the Services, words like
"anticipates," "expects," "believes," "estimates," "seeks," "plans,"
"intends" and similar expressions are intended to identify
forward-looking statements designed to fall within securities law safe
harbors for forward-looking statements. The Services and the
information contained herein do not constitute an offer or a
solicitation of an offer for sale of any securities. None of the
information contained herein is intended to be, and shall not be deemed
to be, incorporated into any of Amgen's securities-related filings or
15. GEOGRAPHIC RESTRICTIONS
The Services are based in Hong Kong and provide for access and use
only by persons located in Hong Kong You acknowledge that you may not
be able to access the Services outside of Hong Kong and that access
thereto may not be legal by certain persons or in certain countries.
If you access the Services from outside Hong Kong you are responsible
for compliance with local laws.
The Services may be subject to US export control laws, including the
US Export Administration Act and its associated regulations. You shall
not, directly or indirectly, export, re-export or release the Services
to, or make the Services accessible from, any jurisdiction or country
to which export, re-export or release is prohibited by law, rule or
regulation. You shall comply with all applicable federal laws,
regulations and rules and complete all required undertakings, including
obtaining any necessary export license or other governmental approval,
prior to exporting, re-exporting, releasing or otherwise making the
Services available outside the United States.
You represent and warrant that (i) you are not located in a country
that is subject to a U.S. Government embargo or that has been
designated by the U.S. Government as a "terrorist supporting" country;
and (ii) you are not listed on any U.S. Government list of prohibited
or restricted parties.
Please note: By agreeing to these Terms, you
explicitly agree that any claims or actions that you may otherwise have
against Amgen under the laws of any jurisdiction outside Hong Kong are
hereby waived and that your sole location and applicable law for any
dispute is in Hong Kong according to the terms of Section 13.
16. DATA PRIVACY AND PROTECTION
Please make sure that you carefully read our Privacy Statement to
learn about the information that Amgen collects through the Services
and how we process it.
Without limiting the terms of Amgen's Privacy Statement, you
understand that Amgen does not and cannot guarantee that your use of
the Services and/or the information provided by you through the
Services will be private or secure. Except as expressly required by
law, Amgen is not responsible or liable to you for any lack of privacy
or security you may experience. You are responsible for using the
precautions and security measures best suited for your situation and
intended use of the Services. Amgen reserves the right at all times to
disclose any information as Amgen deems necessary to satisfy any
applicable law, regulation, legal process or governmental request or
protect the security of Personal Information and the Services.
17. US GOVERNMENT RIGHTS
Certain parts of the Services are commercial computer software, as
such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an
agency of the US Government or any contractor thereof, you receive only
those rights with respect to the Services as are granted to all other
users under license, in accordance with (a) 48 C.F.R. §227.7201 through
48 C.F.R. §227.7204, with respect to the Department of Defense and
their contractors, or (b) 48 C.F.R. §12.212, with respect to all other
US Government licensees and their contractors.
These Terms automatically terminate when you fail to comply with any
term or condition of them. Amgen may terminate or modify your access
to the Services, with or without notice to you, at any time for any
reason. For example, access to the Services may be denied without
notice if Amgen believes that you are a minor.
Termination will not limit any of Amgen's other rights or remedies.
Any provision that must survive in order to give proper effect to the
intent and purpose of these Terms (including but not limited to
Sections 6, 7, 13, 16, 19 and 20) shall survive termination.
19. APPLE DEVICE ADDITIONAL TERMS
If you access an App via a mobile device or tablet branded by Apple, Inc. ("Apple") and running Apple's iOS (an "Apple Device"), the following terms ("Apple Device Additional Terms") are hereby made part of these Terms:
- Conflicting Terms. If these Terms conflict
with the Apple Device Additional Terms, then the Apple Device
Additional Terms shall apply with respect to access and use of the
Services via an Apple Device.
- Agreement with Amgen, Not Apple. You
acknowledge that these Terms are an agreement between Amgen and you,
and not with Apple. Amgen, not Apple, is solely responsible for any App
you access via your Apple Device ("iOS App") and the
content thereof. If these Terms are less restrictive with respect to
an iOS App or otherwise conflict with, the Apple App Store Terms of
Service (the "App Store Terms of Service"), the App Store Terms of Service shall apply to the extent of any conflict.
- Scope of License. The license granted to use
an iOS App is limited to a non-transferable license to use the App on an
Apple Device that you own or control and as permitted by the usage
rules set forth in the App Store Terms of Service.
- Maintenance and Support. Amgen is solely
responsible for providing any maintenance and support services for an
iOS App, as specified in these Terms or as required under applicable
law. You acknowledge that Apple has no obligation whatsoever to
furnish any maintenance and support services with respect to any iOS
- Warranty. Amgen is solely responsible for any
product warranty, whether express or implied by law, to the extent not
effectively disclaimed. In the event of any failure of the an iOS App
to conform to any applicable warranty, you may notify Apple and Apple
will refund the purchase price for the iOS App (if any) and, to the
maximum extent permitted by applicable law, Apple will have no other
warranty obligation whatsoever with respect to the iOS App and any
other claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any warranty is Amgen's sole
- Product Claims. You hereby acknowledge that
Amgen, not Apple, is responsible for addressing your or any third-party
claims relating to an iOS App and/or use of an iOS App, including, but
not limited to: (i) product liability claims; (ii) any claim that an
iOS App fails to conform to any applicable legal or regulatory
requirement; and (iii) claims arising under consumer protection or
similar legislation. These Terms do not limit Amgen's liability beyond
what is permitted by applicable law.
- Intellectual Property Rights. You acknowledge
that, in the event of any third party claim that an iOS or your
possession and use of an iOS App infringes that third party's
intellectual property rights, Amgen, not Apple, is solely responsible
for the investigation, defense, settlement and discharge of any such
intellectual property infringement claim.
- Third Party Beneficiary. You hereby
acknowledge and agree that Apple, and Apple's subsidiaries, are
third-party beneficiaries of these Terms with respect to any iOS App,
and that, upon your acceptance of these Terms, Apple has the right (and
deemed to have accepted the right) to enforce the Terms against you
with respect to the iOS App as a third party beneficiary thereof.
- Questions or Complaints. Please address your questions, complaints or claims with respect to an iOS App to the Contact information set forth below.
- These Terms (which include our Privacy Statement) contain the
entire understanding by and between Amgen and you with respect to the
matters contained herein.
- These Terms inure to the benefit of and will be binding upon Amgen's and your successors and assigns, respectively.
- These Terms may be assigned by Amgen but you may not assign these Terms without the prior express written consent of Amgen.
- If any provision of these Terms is or becomes unenforceable or
invalid, the remaining provisions will continue with the same effect as
if such unenforceable or invalid provision had not been used.
- If Amgen fails or you fail to perform any obligation under
these Terms and the other party does not enforce such obligation, the
failure to enforce on any occasion will not constitute a waiver of any
obligation and will not prevent enforcement on any other occasion.
- Nothing contained in these Terms will be deemed to constitute
Amgen or you as the agent or representative of the other or as joint
venturers or partners.
- If Amgen is or you are prevented from performing or unable to
perform any obligation under these Terms due to any cause beyond the
reasonable control of the party invoking this provision, the affected
party's performance will be extended for the period of delay or
inability to perform due to such cause.
- Headings and captions are for convenience only.