Penwest Pharmaceuticals Co. ("the Company") maintains this website ("the Website") for informational purposes only. Access and use of this Website by you are governed by these terms and conditions ("Terms and Conditions"). By accessing and using this Website, you acknowledge that you have read, accept, and will be bound by these Terms and Conditions. The Company reserves the right to modify or amend these Terms and Conditions at any time without notice.

The Company may from time to time provide links and pointers at this Website to Internet sites of third parties ("Third Party Sites"). These links and pointers to Third Party Sites are provided as a convenience only. The Company has not reviewed, and does not operate or control in any respect, any information, products, or services available on Third Party Sites, and the Company is not providing and is not responsible for any information provided at any Third Party Sites. The Company makes no representations and provides no warranties whatsoever concerning Third Party Sites, and the fact that the Company has provided a link to any Third Party Site on this Website does not constitute an endorsement, authorization, sponsorship, or affiliation by the Company with respect to such Third Party Site or its owners or providers, or any products or services mentioned or offered at the Third Party Site. The Company expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by, advertised on, or sold through, all Third Party Sites.

The documents contained in (or directly accessible from) this Website include forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, including statements containing the words "believes", "expects", "anticipates", "plans", "estimates" and similar expressions. For this purpose, any statements that are not statements of historical fact may be deemed to be forward-looking statements. Important factors that may cause actual results to differ from the performance suggested by such forward-looking statements include: the risk that the NDA for oxymorphone ER will not be approved by the FDA; the risk that even if approved, oxymorphone ER will not be commercially successful; dependence on collaborators to, among other things, sell products for which the Company receives royalties, file for regulatory approvals, and advance clinical development and commercialization of products; the ability to enter into additional collaborations; uncertainty of success of collaborations; the Company's continued losses and need for funding; the risk of patent litigation; regulatory risks relating to drugs in development; the timing of clinical trials; the timing and outcome of regulatory approval of products and other risks and factors identified in the Company's most recent Annual Report on Form 10 K and subsequent reports, as filed with the SEC. The Company disclaims any intention or obligation to update any forward-looking statements as a result of developments occurring after the date such statement was made. [You should carefully check the dates of issuance of the information contained in this Website.]

Financial information about the Company shown on this Website is current only as of the date specified. The Company disclaims any obligation to update or correct financial information as the result of financial, business, or any other developments occurring after the specified date. Financial information is not intended to be a substitute for information contained in reports and other documents filed by the Company with the SEC.

THE COMPANY ASSUMES NO LIABILITY AND SHALL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS WITH RESPECT TO THE FUNCTIONING OF, OR THE CONTENT ON, THIS WEBSITE AND RESERVES THE RIGHT TO MAKE CHANGES TO THIS WEBSITE AT ANY TIME WITHOUT NOTICE. MOREOVER, THE COMPANY DOES NOT WARRANT THE ACCURACY, CURRENCY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED ON THIS WEBSITE. ACCORDINGLY, ALL CONTENT ON THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DISCLAIMS ALL ELECTRONIC FILES ON THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR, THE COMPANY SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF, OR RELATED TO, THIS WEBSITE OR ANY OTHER WEBSITE OF THE COMPANY, OR THE INFORMATION CONTAINED THEREIN, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.

This Website, including text, graphics, audio, design, software, and all derivative works based on any of the foregoing, is the copyrighted work of the Company or is used by the Company subject to permission by the copyright owner. Subject to the terms and conditions set forth in these Terms and Conditions, the Company grants you a non-exclusive, non-transferable, limited, and personal license to use and display this site and the materials ("Materials") thereon only for purposes associated with your interaction with this Website, and to keep intact all copyright, trademark, and other proprietary notices on the Materials. Any modification of the Materials or use of the Materials for any other purpose is a violation of copyright and other proprietary rights of the Company. The Company's presentation of information on this Website does not confer any proprietary or other rights in its trademarks, trade names, copyrights, patents, or other proprietary rights or information nor is it intended to infringe patent rights or other intellectual property rights held by others. This limited license terminates automatically, without notice to you, if you breach any of these Terms and Conditions. Upon termination, you must immediately destroy any downloaded and printed Materials. You have no right, title, or interest (and no copyright, trademark, or other intellectual property right) in or to the Website or any Materials and you agree not to "frame" or "mirror" the Website, or any material contained on or accessible from this Website on any other server or Internet-based device without the advanced written authorization of the Company. You agree not to interrupt or attempt to interrupt the operation of the website in any way. You agree to abide by all additional restrictions displayed on the Website as it may be updated from time to time.

The Company does not warrant against infringement of patents of third parties by reason of any uses made of the Company’s products in combination with any other material or in the operation of any process. Purchasers of the Company’s products assume all risks of patent infringement by reason of any such use, combination, or operation. The Company is an owner or licensee of several United States patents related to products of the Company. The Company’s products described herein may be covered by one or more United States patents, by patents pending, patent applications, or applications in other countries.

Because of the numerous factors affecting results, the Company's products are sold on the understanding that the purchaser will conduct his/her own test(s) to determine the suitability of these products for the purchaser's particular purpose(s). All information and data presented are believed to be accurate and reliable, but are present without the assumption of any liability of the Company.

The information contained on this Website is intended to be general in nature. Techniques and data pertaining to specific use for the Company products and new developments may be published periodically.

The Company makes no representations or claims that any information on this Website is appropriate or may be downloaded outside the United States of America. Access to this Website and to any information on this Website may not be legal by certain persons or in certain countries. If you access this Website from outside the United States of America, you do so at your own risk of liability under the laws of the United States of America or of your jurisdiction.

Submissions and unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations, and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold the Company and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Website or the use of the Website by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party. These Terms and Conditions constitute the entire and only agreement between the Company and you and supersede any and all prior or contemporaneous agreements, representations, warranties, and understandings concerning this Website.