TERMS OF USE

BIOSITE INCORPORATED (“BIOSITE”) MAKES INFORMATION AVAILABLE ON THIS WEB SITE (THE “SITE”), SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. BY ACCESSING AND USING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS. BIOSITE RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS, AND THE PRODUCTS, SERVICES, PRICES, AND PROGRAMS MENTIONED ON THE SITE AT ANY TIME, AT ITS SOLE DISCRETION, WITHOUT NOTICE AND YOUR CONTINUED USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH REVISED TERMS AND CONDITIONS. BIOSITE RESERVES THE RIGHT TO SEEK ALL REMEDIES AVAILABLE BY LAW AND IN EQUITY FOR ANY VIOLATION OF THESE TERMS AND CONDITIONS. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS BELOW, YOU SHOULD NOT USE THIS SITE.

Use of Site Materials

All documents and other information provided on this Site, including trademarks, logos, graphics and images (the "Materials") are provided to you by Biosite and are protected by copyright, trade dress, and other laws.

Biosite grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials on this Site, provided that: (1) the Biosite copyright notice (set forth below) appears in the Materials so displayed, copied or downloaded; (2) such display, copy or download is solely for your personal or internal informational non-commercial use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media). You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination of this limited license, you agree to immediately destroy any downloaded and/or printed Materials. You agree not to “frame” or “mirror” any Materials contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of Biosite.

You acknowledge that, except as expressly stated herein, you have no right, title or interest in or to the Materials.

Copyright Notice:

© 2004 Biosite Incorporated. All rights reserved.

Copyrights and Copyright Agents.

Biosite respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at Legal@Biosite.com and provide Biosite’s copyright agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Biosite’s agent for notice of claims of copyright infringement on this Site can also be reached as follows:

By mail:

Vice President of Legal Affairs
Biosite Incorporated
9975 Summers Ridge Road
San Diego, California 92121

Trademarks and Service Marks

BIOSITE^® is a registered trademark of Biosite Incorporated in the United States, Canada, member countries of the European Economic Community, Australia, China, South Korea, Mexico, New Zealand, Switzerland and Japan.

TRIAGE^® is a registered trademark of Biosite Incorporated in the United States, Canada, member countries of the European Economic Community, Australia, China, South Korea, Mexico, New Zealand, Switzerland and Japan.

NEW DIMENSIONS IN DIAGNOSIS^® is a registered trademark of Biosite Incorporated in the United States, Canada, and member countries of the European Economic Community.

AN UNFAIR ADVANTAGE^®, ASCEND MULTIMMUNOASSAY^®, the BIOSITE logo design, the BIOSITE DISCOVERY AN UNFAIR ADVANTAGE logo design, CARDIO PROFILER^®, CODE CHIP^®, EXPRESS TEST^®, the EXPRESS TEST logo design, and OMNICLONAL^® are each registered trademarks of Biosite Incorporated in the United States.

PROFILER SOB^™ and PROFILER CP^™ are trademarks of Biosite Incorporated.

Beckman Coulter^®, Access^®, Synchron LX^®, and UniCel^™ are trademarks of Beckman Coulter, Inc. Beckman Coulter^® Immunoassay Systems are available exclusively through Beckman Coulter, Inc. and its authorized distributors. All other trademarks and/or service marks are the property of their respective owners.

Warranties and Disclaimers; Liability Limitations

DISCLAIMER OF WARRANTY: THE SITE AND MATERIALS ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. BIOSITE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN RELATING TO THE SITE OR MATERIALS. BIOSITE DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE SITE AND MATERIALS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

DISCLAIMER REGARDING FORWARD-LOOKING STATEMENTS: IN ADDITION TO HISTORICAL INFORMATION CONTAINED HEREIN, THE SITE CONTAINS PREDICTIONS AND OTHER FORWARD-LOOKING STATEMENTS THAT INVOLVE RISKS AND UNCERTAINTIES, INCLUDING (A) STATEMENTS CONCERNING BIOSITE’S EXPECTED FINANCIAL CONDITION, RESULTS OF OPERATIONS AND CAPITAL REQUIREMENTS, (B) THE IMPACT OF COMPETITION AND TECHNOLOGICAL CHANGES, (C) WHETHER POTENTIAL NEW PRODUCTS WILL BE SUCCESSFULLY DEVELOPED OR GAIN MARKET ACCEPTANCE, (D) THE DOMESTIC AND INTERNATIONAL REGULATORY ENVIRONMENT AND THE POTENTIAL IMPACT OF REGULATORY CHANGES, UNCERTAINTIES OR DELAYS, (E) POTENTIAL CONTRACT DISPUTES OR CONFLICTS REGARDING INTELLECTUAL PROPERTY RIGHTS, (F) THE OUTCOME OF ANY LITIGATION IN WHICH BIOSITE IS INVOLVED AND THE POTENTIAL IMPACT OF LITIGATION ON BIOSITE’S BUSINESS, AND (G) OTHER RISKS DETAILED IN BIOSITE’S ANNUAL REPORT ON FORM 10-K, QUARTERLY REPORTS ON FORM 10-Q AND OTHER SEC FILINGS. ACTUAL RESULTS MAY DIFFER MATERIALLY FROM THOSE PROJECTED. BIOSITE HEREBY DISCLAIMS ANY INTENT OR OBLIGATION TO UPDATE THESE FORWARD-LOOKING STATEMENTS.

GENERAL DISCLAIMER: BIOSITE ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS WHICH ARE INCLUDED WITHIN, REFERENCED BY, OR LINKED TO OR BY THE SITE. THIS SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, BIOSITE MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE. INFORMATION PUBLISHED AT THE SITE MAY REFER TO PRODUCTS, PROGRAMS AND SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY. CONSULT YOUR LOCAL BIOSITE BUSINESS CONTACT FOR INFORMATION REGARDING THE PRODUCTS, PROGRAMS AND SERVICES THAT MAY BE AVAILABLE TO YOU.

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIOSITE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH THE SITE OR ANY MATERIALS. IN NO EVENT SHALL BIOSITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF BIOSITE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Third-Party Web Sites

The Site contains links to third-party web sites that may be framed within our Site, but that are not under our control. Some of these third party web sites are operated by third parties with whom Biosite has made arrangements to help facilitate access to financial and stock information and other information, such as press releases and investor conference webcasts, that may be of interest to investors in Biosite. Please note that when you click on these links you are moving to another web site. Biosite makes no representations about third-party web sites. When you access a third party web site, you do so at your own risk. Biosite is not responsible for the reliability of any data, opinions, advice, or statements made on third-party web sites. Biosite provides these links merely as a convenience. The inclusion of such links does not imply that Biosite endorses, recommends, or accepts any responsibility for the content of such sites.

Third-Party Products and Services

The Site may contain mention of third-party products and services for informational purposes. Biosite makes no recommendations or endorsements about third-party products and services. References to third-party services and products are provided by Biosite "AS IS," without warranty of any kind, either express or implied, or statutory, including, but without limitation, the implied warranties of noninfringement of third party rights, merchantability, and fitness for a particular purpose.

Export Control Laws

Biosite controls and operates this Site from its headquarters in the State of California, United States of America, and makes no representation that the Materials are appropriate or will be available for use in other locations. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. The information on export laws provided herein is not necessarily complete. For more information on export laws, please refer to 15 C.F.R. §§ 736, 738, 744, 746, or the United States Commerce Department, Bureau of Export Administration at www.bxa.doc.gov.

Privacy Policy

Your use of the Site and any information submitted by you is subject to and governed by the Privacy Policyof this Site which is available which is available by clicking on the link at the bottom of this page and is incorporated herein by this reference.

General

Any action related to these Terms of Use will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in San Diego County, in the State of California, for the resolution of all disputes arising from or related to these Terms of Use and/or your use of the Site.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Biosite to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Biosite in writing. The Terms comprise the entire agreement between you and Biosite and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.