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Disclaimer

Terms and Conditions and Disclaimers

ISTA Pharmaceuticals established and maintains the ISTA Pharmaceuticals website as a service to the Internet community. This site has been designed as a tool to provide general information about ISTA Pharmaceuticals and its products. The site is not intended to provide medical diagnosis or advice regarding any particular disease or condition. Visitors to the ISTA Pharmaceuticals website should be aware that the products under development described herein are investigational new drugs and have not been found safe or effective by any regulatory agency and are not approved for any use outside of clinical trials.

Limitation of Liability. ISTA Pharmaceuticals will use reasonable efforts to include accurate and up-to-date information on this website, but the ISTA Pharmaceuticals makes no warranties regarding the accuracy of information presented on the ISTA Pharmaceuticals website. ISTA Pharmaceuticals shall not be held responsible for any action taken that is based on the information presented on this website. All users of this website agree that all access and use of the ISTA Pharmaceuticals website, and any and all content presented within the website, is at the user's own risk. Neither ISTA Pharmaceuticals nor any party involved in developing, producing or delivering this site shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of any visitor's access, use, or inability to use this website, or any errors or omissions in the content contained within.

Indemnification. You agree to indemnify, defend and hold harmless ISTA Pharmaceuticals, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fee, resulting from any violation by you of these Terms and Conditions.

Intellectual Property Rights. It is the policy of ISTA Pharmaceuticals to enforce its intellectual property rights to the fullest extent permitted under law. All product names, regardless of whether or not they appear in large print or with a trademark symbol, are trademarks of ISTA Pharmaceuticals, its corporate partners, its licensors or other third parties, unless otherwise noted. The content contained in this website is protected by intellectual property rights, which are claimed by ISTA Pharmaceuticals, its corporate partners, its licensors or other third parties. The use or misuse of these trademarks, copyrights, or 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. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright or trademark of ISTA Pharmaceuticals, or any third party. ISTA Pharmaceuticals does not warrant or represent that your use of content contained in or displayed on this website will not infringe intellectual property or other rights of third parties.

Forward Looking Statements. Statements made throughout the ISTA Pharmaceuticals website other than statements of historical fact, are forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934 that involve risks and uncertainties. In some cases, you can identify forward-looking statements by words like "may," "will," "should," "could," "believes," "intends," "expects," "anticipates," "plans," "estimates," "predicts," "potential," "continue" and similar expressions. In particular, these include statements relating to future actions, prospective products or product approvals, future performance or results of current and anticipated products, sales efforts, expenses, the outcome of contingencies such as legal proceedings, and financial results. These forward-looking statements are based on current expectations of future events and, as such, involve risks and uncertainties which may cause results to differ materially from those set forth in such statements. Factors that could cause anticipated results not to occur include: our ability to successfully develop, obtain regulatory approvals for and market our products; our ability to generate and maintain sufficient cash resources to increase investment in our business; the contribution to our results of new product launches; the timing or results of pending or future clinical trials; actions by the FDA and other regulatory agencies; demand and market acceptance for products, if approved; and the effect of changing economic conditions.

If one or more of these risks or uncertainties materialize, or if any underlying assumptions proves incorrect, our actual results, performance or achievements may vary materially from future results, performance or achievements expressed or implied by these forward-looking statements, and there are no guarantees about the performance of ISTA Pharmaceuticals stock. All forward-looking statements attributable to us or persons acting on our behalf are expressly qualified in their entirety by the cautionary statements in this section. We undertake no obligation to update or revise any forward-looking statements to reflect future events or developments.

You are advised, however, to consult any further disclosures we make on related subjects in our reports to the U.S. Securities and Exchange Commission (SEC), which are available on this website or at www.sec.gov. In particular, you should read the discussion in the sections entitled "Risk Factors, "Risks Related to Our Industry", "Risks Related to Our Business" or "Factors that May Affect Results of Operations and Financial Condition" in our most recent 10-K report to the SEC, as it may be updated in our subsequent 10-Q and 8-K reports. Those sections discuss certain risks, uncertainties and possibly inaccurate assumptions that could cause our actual results to differ materially from expected and historical results. Other factors besides those listed could also adversely affect ISTA Pharmaceuticals. Such discussions are provided as permitted by the Private Securities Litigation Reform Act of 1995.

Links to Third Party Sites. We may provide links to other world wide websites or resources. We have no control over such sites and resources and we make no representations about any content or material available at these locations. We are not responsible for the availability of such external sites and resources and will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any content or material available from such external sites and resources. By linking to a third party website, or by being a target of a link from a third party website, ISTA Pharmaceuticals does not endorse or recommend any products or services offered on such third party website.

Privacy and Confidentiality of User Communications. ISTA Pharmaceuticals respects the privacy of its website users. Please refer to ISTA Pharmaceuticals' Privacy Policy [LINK] that explains users' rights and responsibilities with respect to information that is disclosed on this website. Subject to the applicable terms and conditions set forth in our Privacy Policy, you should assume that any other communication or information you transmit through, to, or in connection with this website will not be private. Subject to the applicable terms and conditions set forth in our Privacy Policy, by accessing and using this website, you expressly authorize ISTA Pharmaceuticals to treat any communication or information you transmit through, to, or in connection with this website as non-confidential and non-proprietary, and further hereby grant us a perpetual, non-exclusive, royalty-free worldwide license to reproduce, adapt, distribute, publicly display, and delete all or any portion of such communication or, without further permission from you. You represent and warrant that you are the owner of any copyright to such communication or information or have the permission of the copyright owner to post or transmit such communication or information. If such communication or information is confidential or proprietary, you should not transmit it. If you do transmit any communication or information, ISTA Pharmaceuticals may use and share such communication or information for any purpose, including but not limited to research, development, manufacturing and marketing activities.

Governing Laws. These Terms and Conditions and your use of the website shall be governed by the laws of the United States of America and the State of California without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California.

Miscellaneous. If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. ISTA Pharmaceuticals reserves the right to alter or delete materials from this website at any time at its discretion. Access to, and use of, the ISTA Pharmaceuticals website is subject to the terms and conditions set forth herein and all applicable laws, statutes, and/or regulations. ISTA Pharmaceuticals reserves the unconditional right to terminate your access to and use of this website at any time, without prior notice, if ISTA Pharmaceuticals believes you to have violated any of these Terms and Conditions, or other terms and conditions applicable to a section of this website. ISTA Pharmaceuticals reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address or user to the website. Any offer for any product or service made on this website is void where prohibited. ISTA Pharmaceuticals may revise these Terms and Conditions from time to time by updating this posting.

Vitrase®, IstalolTM, XibromTM, ISTA, ISTA Pharmaceuticals and the ISTA logo are trademarks of ISTA Pharmaceuticals, Inc. The trademark Caprogel is exclusively licensed to ISTA Pharmaceuticals, Inc.

Any rights not otherwise expressly granted by this Agreement are reserved by ISTA Pharmaceuticals, Inc.

The product information provided in this site is intended only for residents of the United States. The products discussed herein may have different product labeling in different countries.

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