Terms of Use and Legal Notice

Terms of Use (“TOU”)/Legal Notice—Agreement between User and Horizon Therapeutics plc (“Horizon”)

By using the website, you agree to be bound by the terms contained in this notice and any subsequent modifications Horizon may make from time to time. If you do not agree to these TOU, do not access and use the Horizon website and services.

Thank you for visiting the Horizon website. Horizon maintains this website as a service to the Internet community. Access to and use of information presented on the Horizon website are subject to the following terms and conditions, which may be revised at any time by Horizon without notice to you, and which revisions become effective when posted. You are responsible for regularly reviewing these terms and conditions.

Subject to these TOU, Horizon hereby grants you the right to access and use the Horizon website solely for the following purposes: (a) if you are accessing the Horizon website as an individual, then any and all use of the Horizon website is for your personal, noncommercial use only; or (b) if you are accessing the Horizon website on behalf of a business entity, then any and all use of the Horizon website must be for such business entity’s internal business purposes in connection with the establishment or continuation of a business relationship with Horizon. Horizon retains all rights with respect to the Horizon website except those expressly granted to you in this Agreement.

Except as expressly permitted hereunder, you agree not to duplicate, publish, modify or otherwise distribute the material on the Horizon website unless specifically authorized in writing by Horizon to do so. You agree not to frame, or assist third parties in framing, any of the web pages contained in the Horizon website. Such framing is strictly prohibited under this Agreement. The content and software on the Horizon website are the proprietary property of Horizon and/or its suppliers and Partners and are protected by U.S. and international copyright and other intellectual property laws. The use or misuse of these trademarks, copyrights and other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes and/or regulations. Horizon, are the trademarks of Horizon. The names of actual companies and products listed on the Horizon website may be the trademarks of their respective owners. It is the policy of Horizon to enforce its intellectual property rights to the fullest extent permitted under law.

The Horizon website may contain links or produce search results that reference links to third-party websites (“Linked sites”). Horizon has no control over these Linked sites or the content within them. Horizon cannot and does not guarantee, represent or warrant that the content contained in the Linked sites, including, without limitation, other links, is accurate, legal and/or inoffensive. Horizon does not endorse the content of any Linked site, nor do we warrant that a Linked site will not contain computer viruses or other harmful code that can impact your computer or other web access device. By using the Horizon website to search for or link to another site, you agree and understand that such use is entirely at your own risk, and that you may not make any claim against Horizon for any damages or losses whatsoever resulting from such use.

As condition of your use of the Horizon website, you warrant to Horizon that you will not use the Horizon website for any purpose that is unlawful or prohibited by these TOU. You agree not to use the Horizon website in any manner that could damage, disable, overburden or impair the Horizon website or interfere with any other party’s use and enjoyment of the Horizon website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Horizon website.

We believe that your privacy and the privacy of all our users is important. Please review our Privacy Policy. If you post any content to the Horizon website, by electronic mail or otherwise, we will treat it as nonconfidential and nonproprietary to you. By posting any content on the Horizon website, you authorize us to use and allow others to use, distribute and reproduce the content.

Horizon reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, is Horizon’s sole discretion. You agree that any and all information and content that you provide to the Horizon website becomes the exclusive property of Horizon, and you irrevocably assign all rights of ownership, including, without limitation, intellectual property rights, to Horizon upon submission of the information and content. You represent and warrant that you are the owner of such information and content and are authorized to make such assignment of rights.

Horizon does not promise that the Horizon website will be error free, uninterrupted, nor that the Horizon website will provide specific results from your use of any content, search or link on it. The Horizon website and all content contained within it are delivered on an “AS IS” and “AS AVAILABLE” basis. Horizon does not warrant or represent that the files you may download from the Horizon website will be free of viruses or other harmful features. Horizon DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL HORIZON, OR ITS AFFILIATES, SUPPLIERS AND PARTNERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE HORIZON WEBSITE. IN NO EVENT SHALL HORIZON AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF HORIZON AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE HORIZON WEBSITE EXCEED THE GREATER OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO HORIZON FOR ACCESSING THIS WEBSITE; OR (B) TEN U.S. DOLLARS ($10.00).

You represent, warrant and covenant that (a) you have the power and authority to enter into this Agreement; (b) you are at least eighteen (18) years of age; and (c) you will only use the Horizon website in accordance with these TOU.

The Horizon website is designed to provide a general overview of Horizon and its products to a wide variety of audiences. The information contained in these pages is not intended to provide medical advice or instruction on the appropriate use of Horizon’s product candidates. Horizon’s product candidates have not been approved for marketing by the Food and Drug Administration or other foreign regulatory agencies. The product candidates discussed in this website are either presently being investigated in clinical trials or are in pre clinical research and development.

The information contained in this website is not intended to be used in making any decision relating to an investment in securities of Horizon.

Any statements in the Horizon website about future expectations, plans and prospects for Horizon or its affiliates, including statements about products, product candidates and other statements containing the words “believes,” “anticipates,” “plans,” “expects,” “will” and similar expressions, constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Actual results may differ materially from those indicated by such forward-looking statements as a result of various important factors, including, but not limited to, uncertainties related to Horizon’s early stage of development and clinical trials. In addition, the forward-looking statements included in the Horizon website represent Horizon’s views as of the date of placement on the Horizon website only. Horizon anticipates that subsequent events and developments will cause its views to change. However, while Horizon may elect to update these forward-looking statements at some point in the future, Horizon specifically disclaims any obligation to do so. These forward-looking statements should not be relied upon as representing Horizon’s views as of any date subsequent to the date of placement on the Horizon website.

You should verify the accuracy of all information, if you intend to rely on it, through independent sources. Horizon shall not be liable to you for any action that you take based on the information on this website.

Any communication or information transmitted to Horizon via the Horizon website is not confidential, and the sender agrees that Horizon may use such communication or material for any purpose whatsoever, including reproduction, publication and posting, or as specifically stated in the Privacy Policy on this website.

This website is operated by Horizon from its offices in Deerfield, IL, USA. The law of the state of Illinois shall govern these terms and conditions, without reference to its choice of law rules. Horizon makes no representation that the information in the website is appropriate or available for use in other locations, and access to the Horizon website from territories where the content of the Horizon website may be illegal is prohibited. Those who choose to access the Horizon website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

If any provision of these TOU is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Horizon’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These TOU (and the Privacy Policy) set forth the entire understanding and agreement between us with respect to your use of the Horizon website, and supersedes any prior or contemporaneous understanding, whether in written or oral form, regarding such use.