Governing the Use of the EASE Trial Website

Introduction

Welcome to the EASE Trial web site. Broncus Technologies Inc. ("Broncus") created and maintains this web site to provide information to and communicate better with physicians, patients, investors, and others who may be interested in learning more about the EASE Trial and airway bypass. You may use this web site, provided you comply with these terms and conditions.

Your Acceptance of These Terms of Use

Please take a few minutes to carefully review these terms and conditions. By accessing and using this web site you agree to follow and be bound by these terms and conditions. If you do not agree to follow and be bound by these terms and conditions, you may not access, use or download materials from this web site.

These Terms and Conditions May Change

Broncus reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of this web site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions every time you use this web site. These terms and conditions were last revised on January 12, 2007.

Copyright Notice and Limited License

Everything you see and hear on this site (the "Content"), including, for example, all of the text, directories, photographs, illustrations, and graphics is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights in the Content are owned by Broncus or by one of its affiliates, or by third parties who have licensed their materials to Broncus. The entire Content of this site is copyrighted as a collective work under United States law and applicable international copyright laws and treaties. Broncus owns the copyright in the selection, coordination, arrangement and enhancement of the Content.

You may download, store, print, and copy selected portions of the Content of this site, provided you: 1. Only use the Content you download for your personal, noncommercial use or to further your business dealings with Broncus 2. Do not publish or post any part of the Content on any other Internet site without obtaining the prior written consent of Broncus 3. Do not publish or broadcast any part of the Content in or on any other media without obtaining the prior written consent of Broncus 4. Do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality No right, title or interest in the downloaded Content is transferred to you when you download Content from this site. Broncus reserves all intellectual property rights in any Content you download from this site.

Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge, link to, or in any other way transform or adapt all or any part of the Content of this site without first obtaining written permission from Broncus.

Trademark Notice

All of the trademarks, service marks and logos displayed on this web site (the "Trademark(s)") are registered and unregistered trademarks of Broncus, one of its affiliates, or third parties who have licensed their Trademarks to Broncus or one of its affiliates. Except as expressly stated in these terms and conditions, you may not reproduce, display or otherwise use any Trademark without first obtaining Broncus' written permission.

Unsolicited Ideas

Broncus welcomes your comments and feedback regarding this web site. All information and materials, including comments, ideas, questions, designs, and the like, submitted to Broncus through this web site will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask that you not send us any information or materials that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas, computer code, or original artwork.

By submitting information or materials to Broncus through this web site, you assign to Broncus, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. Broncus will be entitled to use any information or materials you submit through this web site for any purpose whatsoever, without restriction and without compensating you in any way.

Links to Other Web Sites

This site contains hyperlinks to web sites that are not operated by Broncus. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material on these third-party web sites or any association with their operators. Broncus does not control these web sites and is not responsible for their content. These third-party web sites (and the web sites to which they link) may contain information about uses of products that have not been approved or cleared by the Food and Drug Administration. Broncus does not endorse any "off-label" uses. These third-party web sites (and the web sites to which they link) may contain information that is inaccurate, incomplete, or outdated. You access and use these web sites (and the web sites to which they link) solely at your own risk.

Global Availability

Because different countries around the world have different laws and regulatory requirements, some medical devices and treatments may be available in some countries and not in others. This site contains references or cross references to Broncus products, programs and services that may not available or announced in your country. These references do not imply that Broncus intends to announce such products, programs or services in your country. Contact Broncus if you have questions about which products, programs and services may be available to you.

Not a Substitute for Medical Advice

The information provided on this site is not intended nor recommended as a substitute for professional medical advice. Always seek the advice of your physician or other qualified health provider regarding any medical condition or treatment. Nothing contained on this site is intended to be for medical diagnosis or treatment.

Website Privacy Policy

Broncus does not collect any personal information on this website. Personal information is collected in the screening questionnaire. The screening questionnaire website is managed by PhoneScreen, click here to view the PhoneScreen Website Privacy policy.

DISCLAIMER OF WARRANTIES

THIS WEB SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, BRONCUS AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BRONCUS DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. BRONCUS DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. INFORMATION PUBLISHED ON THIS WEB SITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. BRONCUS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEB SITE OR ANY INFORMATION PUBLISHED ON THIS WEB SITE.

BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL BRONCUS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEB SITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF BRONCUS OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BRONCUS AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.

Governing Law and Jurisdiction

This web site is controlled and operated by Broncus from its offices within the United States. Any claim relating to, and the use of, this web site are governed by the laws of the State of California, United States of America. By using this web site, you consent to personal jurisdiction in the federal and state courts of Santa Clara County, California, for any action arising out of or relating to this web site or your use of this web site. The federal and state courts of Santa Clara County, California shall have exclusive jurisdiction over all such actions.

Entire Agreement

This Agreement constitutes the entire agreement between you and Broncus with respect to your access to and/or use of this web site.

© 2007, Broncus Technologies Inc. All Rights Reserved.

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Last Updated: January 12, 2007

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