Conditions of use

TERMS AND CONDITIONS FOR USE OF HATTERAS

ELECTRONIC PORTAL BY CATALENT PHARMA SOLUTIONS (“CLIENT”)

            The following terms and conditions (the “Terms and Conditions”) shall govern the use of the Hatteras Press, Inc. (“Hatteras”) electronic portal by Client:

  1. 1.         BUSINESS PURPOSE/INTELLECTUAL PROPERTY.

            Hatteras has created an electronic portal that allows Client to identify, select and order products and services from Hatteras via the Hatteras electronic portal (the “HEP”).  Hatteras and Client acknowledge that the HEP was created solely by Hatteras, may only be used with the permission of Hatteras, and all intellectual property rights to the HEP, including, but not limited to, any copyright, patent, trademark or other intellectual property rights, are vested solely in Hatteras.  Hatteras grants to Client a limited, non-exclusive right and license to use the HEP and Hatteras intellectual property rights solely for the purpose of selecting and ordering products and services from Hatteras, in compliance with the Terms and Conditions set forth herein.  Client agrees to utilize the HEP solely for those purposes.

  1. 2.         PURCHASE ORDERS.

            From time to time, Client may request products and services from Hatteras through electronic orders (an “Order”) via the HEP.  The Orders shall be paid for at the time each Order is placed.  The Orders are non-refundable and are not subject to cancellation.  Orders will be shipped by Hatteras within four (4) business days of the placement of each Order.

  1. 3.         AUTHORITY TO ORDER.

            Client acknowledges that the employees of Client placing Orders with Hatteras via the HEP have the full legal right, power and authority to bind the Client to the terms of those Orders.

  1. 4.         LIMITATION ON LIABILITY.

            Neither Hatteras nor Client shall be liable for any consequential, indirect, incidental, special, exemplary or punitive damages arising out of or relating to any breach of the Terms and Conditions or the ordering of products and services on the HEP.  Neither party shall be liable to the other for any damages that exceed the fees paid by Client for the products and services ordered via the HEP.  Hatteras shall assume no liability or responsibility for the use of the HEP for any purpose other than the ordering of products and services from Hatteras.

  1. 5.         CONFIDENTIALITY.

            Hatteras and Client mutually agree that neither party shall publish, disclose or make available any confidential, proprietary or trade secret information of the other, including, but not limited to, any information relating to the use or operation of the HEP, and any information provided pursuant thereto.

  1. 6.         GOVERNING LAW/JURISDICTION.

            The Terms and Conditions set forth above will be governed by and interpreted in accordance with the laws of the State of New Jersey.  Any legal action related to the use and operation of the HEP shall be brought and adjudicated solely in the federal or state courts located in New Jersey.

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