Welcome to a King Pharmaceuticals^®, Inc. website. The information provided on this website ("Site") is for general informational and educational purposes only. The following Terms of Use form a legal agreement ("Agreement") between you, King Pharmaceuticals^®, Inc., and its wholly owned subsidiaries, including King Pharmaceuticals^® Research and Development, Inc., Monarch Pharmaceuticals, Inc., and Meridian Medical Technologies, Inc. (collectively "King"). By accessing, browsing, and/or otherwise using this Site, you acknowledge that you have read, understood, and agreed to be bound by this Agreement.

1. General

King reserves the right to change this Agreement at any time at its sole discretion. The most current version of the Agreement can be accessed on every page of our Site. You should check the Site from time to time to review the then current Agreement, because it is binding on you. Your continued use of the Site constitutes your acceptance of any changes to the Agreement.

You are required to comply with all applicable laws in connection with your access to and use of the Site, and such further limitations as may be set forth in any notice from King. As a condition of your access to and use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.

2. Copyright

The entire contents of this Site are subject to copyright protection. King Pharmaceuticals^®, Inc., © 2004-2007, ALL RIGHTS RESERVED. Permission is granted to display, copy, distribute, and download the materials on this Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Site for commercial use without prior written approval of a member of the King Legal Department. You may not "mirror" any material contained on this Site on any other server without prior written permission from King.

3. Trademarks

All rights in the product names, company names, trade names, logos, service marks, product packaging, and trade dress, whether or not appearing in large print or with the trademark symbol (collectively the "Trademarks"), displayed on the Site belong exclusively to King or its respective owners and are prohibited from imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of the Trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under the Trademarks or any patent of King or any third party.

4. Downloadable Materials

Any data files, program files, software, codes, and other materials that are made available to download from this Site ("Materials") are the copyrighted work of King and/or any of its suppliers and/or affiliates. If you download Materials from this Site, use of the Materials is subject to the terms in any license agreement that accompanies or is provided with such Materials. You may not download or install the Materials until you have read and accepted the terms of the applicable license agreement. Without limiting the foregoing, copying or reproduction of the Materials to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable license agreement in the case of software, or the express written consent of King in the case of codes or other downloadable materials.

5. No Professional Advice

The Site may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified healthcare professional. Patients should not use the information contained herein for diagnosing a health or fitness problem or disease. Patients should always consult with a doctor or other healthcare professional.

6. Privacy

Your use of the Site is governed by the King Privacy Policy. By using the Site, you indicate that you understand and agree to the practices described in the Privacy Policy.

7. Registration

You may be required to register to access certain areas of the Site. When registering, you must fill in all mandatory fields with true, accurate, current, and complete information about yourself as prompted in the registration form and maintain and promptly update this information to keep it true, accurate, current, and complete. King has the right to suspend or terminate your account and refuse any and all current or future use of the Site if it suspects that such information is untrue, inaccurate, not current, or incomplete.

8. Security

You are responsible for maintaining the confidentiality of any password and username you provided during the registration process, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify King of any unauthorized use of your password or username or any other breach of security.

9. User Content and Communications

Other than personal information, which is covered under the King Privacy Policy, any information you transmit or post to the Site shall be considered non-confidential and non-proprietary. King does not claim ownership of any information or material you transmit, distribute, post, communicate, or store on, to, or through the Site. However, by submitting or posting information on, to, or through the Site, you agree that King shall be free in perpetuity to copy, disclose, distribute, incorporate, and otherwise use such information and all data, images, sounds, text, and other materials embodied therein for any and all commercial or non-commercial purposes. No compensation will be paid with respect to the use of this information.

You agree not to transmit, distribute, post, communicate, or store information or other material on, to, or through the Site that:

(a) is copyrighted, unless you are the copyright owner;
(b) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
(c) reveals a trade secret, unless you own it;
(d) is obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually explicit, or embarrassing to any other person or entity as determined by King in its sole discretion;
(e) is illegal or otherwise objectionable;
(f) constitutes advertisements or solicitations of business, surveys, contests, chain letters, or pyramid schemes; or
(g) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information.

By using this site, you understand and agree that King may at any time monitor, review, use, or disclose any content or communication posted or transmitted by, to, or from you on the Site. You further understand and agree that King may use or disclose any information related to you (including content or communications posted or transmitted on the Site) for any reason related to the operation of the Site, in order to investigate, prevent, or take action regarding activities that may be prohibited or unlawful, to exercise our legal rights under the Agreement, or otherwise to protect the rights and property of King or any third party.

10. Generally Prohibited Uses

Without limiting the foregoing, you agree not to:

(a) delete or revise any material or other information of any other user or King;
(b) harvest or otherwise collect information about others, including e-mail addresses, without their consent;
(c) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
(d) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site other than through the search engine and search agents available from King and other generally available third-party providers (e.g., MSN, Google);
(e) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatar’s, or intelligent agents) to navigate or search the Site other than the search engine and search agents available from King on the Site and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer);
(f) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site;
(g) solicit Site members or guests to join outside sites or online sites or organizations; or
(h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of King, exposes King or any of its customers or suppliers to any liability or detriment of any type.

You further agree not to violate or attempt to violate the security of the Site, including, without limitation:

(a) accessing data not intended for you or logging into a server or account that you are not authorized to access;
(b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
(c) attempting to interfere with service to any user, host, or network.

Violations of system or network security may result in civil or criminal liability. In accordance with this Agreement, King will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.

11. Notice of Copyright Infringement

Just as King requires users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on or linked from the site without authorization in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the following information:

(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Site that is requested to be removed;
(c) your name, address, daytime telephone number, and an e-mail address if available, so that King may contact you if necessary;
(d) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
(e) a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

King’s Copyright Agent for notice of claims of infringement can be contacted at:

Designated Copyright Agent
King Pharmaceuticals, Inc.
400 Crossings Boulevard
Bridgewater, NJ 08807
(908) 429-6000

Contact us by e-mail.

Upon receipt of such a notice of claimed infringement (or any statement in conformance with 17 U.S.C. §512(c)(3)), King will act in accordance with applicable law. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

12. Third-Party Content and Links to Third-Party Websites

The Site may contain third party–owned content and links to other websites ("Linked Sites"). King does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of King, and King is not responsible for the content or privacy practices of Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. King is providing third-party content and Linked Sites to you only as a convenience, and the inclusion of such third-party content and Linked Sites is not an endorsement by King in favor of any third party.

13. Void Where Prohibited

This Site and its contents, which are controlled and operated by King from offices in the United States, are intended to comply with the laws and regulations in the U.S. Although the information on this website is accessible to users outside the U.S., the information pertaining to King products is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements, and medical practices that differ from those in the U.S. Those who choose to access this site from non-U.S. locations are responsible for compliance with local laws. Any offer for any product or service made on this Site is void where prohibited.

14. U.S. Government Restricted Rights

The Materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the government is subject to restrictions as set forth in applicable laws and regulations. Use of the Materials by the government constitutes acknowledgment of King's or its affiliates’ or other owner's proprietary rights in them.

15. Disclaimer of Warranties

THE SITE IS PROVIDED "AS IS." KING AND ITS MEMBERS, OFFICERS, DIRECTORS, AFFILIATES, AND AGENTS MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER RELATING TO THE SITE, LINKED SITES, MATERIALS, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. KING DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KING DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF THE SITE, LINKED SITES, MATERIALS, OR OTHER CONTENT MADE AVAILABLE ON THE SITE OR OTHERWISE BY KING, AND (E) WARRANTIES OTHERWISE RELATING TO PERFORMANCE OR OTHER ACTS OR OMISSIONS BY KING OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

16. Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT OR FOR ANY OTHER CAUSE OF ACTION ARISING UNDER THIS AGREEMENT IS YOUR RIGHT TO TERMINATE THIS AGREEMENT IMMEDIATELY UPON NOTICE TO KING. IN NO EVENT WILL KING OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OR MISUSE OF, OR INABILITY TO USE THE SITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO OR ARISING FROM, OR IN ANY WAY CONNECTED WITH, THE USE OF THE SITE, YOU RELEASE KING FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if King has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, King’s liability in such jurisdictions shall be limited to the extent permitted by law.

17. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS KING AND THIRD PARTIES WHO CONTRIBUTE TO THE SITE FROM ANY LOSS, DAMAGE, OR COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM YOUR VIOLATION OF THE AGREEMENT.

18. Choice of Law; Venue

This Agreement will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its principles or rules of conflict of laws to the extent such principles or rules would require or permit the application of the laws of another jurisdiction. Venue shall lie in New York, New York.

19. Arbitration of Disputes

Any dispute arising out of or in connection with this Agreement will be referred to final and binding arbitration, to the exclusion of any other court, forum, or jurisdiction. Such arbitration will be conducted under the rules of the American Arbitration Association in effect from time to time. The parties will appoint one arbitrator by mutual agreement. If the parties cannot agree on the appointment of an arbitrator within 30 days after receipt of a demand for arbitration, each party will appoint one arbitrator, and the two party-appointed arbitrators will select a third arbitrator, who will act as Chair. If the party-appointed arbitrators cannot agree on a Chair, the Chair will be appointed by the American Arbitration Association. The parties shall instruct such arbitrators to render a determination within six (6) months after their appointment. The place of arbitration will be New York, New York, and the arbitrator is bound to decide the arbitration in accordance with the substantive laws of New York. There will be no consolidation or joinder of any dispute subject to arbitration hereunder with any arbitration or legal proceeding involving third parties or other disputes between the parties hereto. It is expressly understood and agreed by the parties that the findings of the arbitrator(s) will be conclusive on them and their successors, heirs, and assigns and may be entered as a judgment in a court of record. The arbitrator(s) will have no authority to award punitive or exemplary damages or any other monetary damages not measured by the prevailing party’s actual damages, nor generally to make an award in equity. This section shall not prohibit any party from seeking injunctive relief from a court of competent jurisdiction in the event of a breach or prospective breach of this Agreement by the other party.

20. Termination

King reserves the right, in its sole discretion, to terminate your access to and use of the Site, with or without notice. Otherwise applicable sections of the Agreement shall survive termination.

21. Forward-Looking Statements

This Site contains forward-looking statements about King’s financial and operating performance, business plans and prospects, in-line products, and products in development that involve substantial risks and uncertainties. Actual results could differ materially from the expectations and projections set forth in those statements. Such risks and uncertainties include, among other things, the uncertainties inherent in pharmaceutical research and development; decisions by regulatory authorities regarding whether and when to approve drug applications and supplemental drug applications, as well as their decisions regarding labeling and other matters that could affect the availability or commercial potential of King products; competitive developments; the ability to successfully market both new and existing products; challenges to the validity and enforcement of King's patents; trends toward managed care and healthcare cost containment; governmental laws and regulations affecting healthcare, including, without limitation, those regarding pharmaceutical product access, pricing, and reimbursement; and general economic conditions, such as interest rate and foreign currency exchange rate fluctuations. A further list and description of these and other risks, uncertainties, and other matters can be found in King's most recent annual report on Form 10-K and subsequent reports on Forms 10-Q and 8-K, all of which are available on this Site and at www.sec.gov. King assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.

22. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and King as a result of this Agreement or your access to and use of the Site. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of King to enforce any provisions of the Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches. Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and King and governs your use of the Site. If any provision of this Agreement is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect.