EFFECTIVE AS OF Auguest 2009

MSD Wellcome Trust Hilleman Laboratories Terms of Use Agreement

PLEASE READ AND REVIEW THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE OPERATED BY MSD Welcome Trust Hilleman Laboratories. By using this Web site, you agree to this Terms of Use Agreement. If you do not agree, please exit and disregard the information contained herein.

This Web site is owned by MSD Welcome Trust Hilleman Laboratories ("Hilleman Labs") and operated by Merck & Co., Inc., Whitehouse Station, N.J. U.S.A., on behalf of Hilleman Labs.

This Web site and its contents are designed to comply with U.S. laws and regulations.

1. Acceptance. By using this Web site, you agree to be bound by and to comply with this Terms of Use Agreement. Hilleman Labs reserves the right to change these terms from time to time, as it deems to be necessary. We will always post notice of those changes, and the date that they become effective, within the current Terms of Use Agreement on the Web site. You may view the current applicable version of this Terms of Use Agreement at any time through a link at the bottom of each page within this Web site.

2. Scope. The terms and conditions set forth in this agreement apply only to your use of this Web site. Merck & Co., Inc., operates other Web sites that are covered by their own conditions as specified within those Web sites.

3. Medical Information/Conditions. While there may be information on this Web site related to certain medical conditions and their treatment, should a medical condition exist, promptly see your own physician or health care provider. We do not offer personalized medical diagnosis or patient-specific treatment advice. Indeed, only your doctor or other health care professional, as a learned intermediary, can determine if a product described in this, or any, Web site is appropriate for you.

PLEASE CONSULT WITH YOUR DOCTOR, OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL BEFORE USING ANY PRODUCT DISCUSSED WITHIN THIS, OR ANY OTHER, WEB SITE.

4. Description of Services. This Web site contains material about Hilleman Labs. Please feel free to browse this Web site, as appropriate. Your access to and use of the information contained herein is subject to this Terms of Use Agreement and all applicable laws. By accessing and browsing this Web site, you accept, without limitation or qualification, this Terms of Use Agreement and acknowledge that it supersedes any other agreement between you and Hilleman Labs related to your use of this Web site.

5. Links to Other Web sites. This Web site contains links to other Internet Web sites not owned by Hilleman Labs. Hilleman Labs assumes no responsibility for the content of those non-Hilleman Labs Internet Web sites to which we provide links.

6. Privacy. This Web site provides content only and does not collect any information from you. If in the future this Web site provides features that enable the collection of personal information, these Terms of Use will be amended.

6. Disclaimer of Warranties. Hilleman Labs has taken reasonable measures to ensure that the information contained within this Web site is reliable, however, by using this Web site, you accept the information, products and services provided herein "AS IS." Hilleman Labs makes no express or implied warranty regarding the accuracy, content, completeness, reliability, operability, or legality of information contained within this Web site, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

7. Consequences. Hilleman Labs reserves the right to suspend or terminate your use of this Web site if you violate the Terms of Use Agreement. If your violation causes harm to others, you agree to indemnify and hold Hilleman Labs and Merck & Co., Inc. harmless from and against any and all loss, damage, or expense. If any dispute arises between us regarding this Agreement or your use of this Web site, it shall be resolved through good faith negotiations between the parties. If such efforts prove unsuccessful, all such controversies, claims, or disputes shall be submitted to binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C., §1 et seq. Arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The arbitration award shall be final and binding, and it may be confirmed and enforced in any court of competent jurisdiction. Each party shall pay for all attorney fees it incurred in connection with the arbitration and shall share equally in the costs of the arbitration. The venue for any arbitration shall be New Jersey.