Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.

This site is owned by Vaxart, Inc. Your use of this website is subject not only to these Terms of Use, but also to this site’s Privacy Policy, the terms of which are incorporated into these Terms of Use. By accessing and using Vaxart’s website (this “Site”), you acknowledge that you are at least 18 years of age and have read and accept these Terms of Use. If you do not agree to all of the terms and conditions of use, do not use this website. Vaxart may modify the website, and the rules and regulations governing its use, at any time. By continuing use of the website after such changes are posted, you are deemed to have accepted those changes. You further agree that you accept any and all responsibility and liability related to the use of this website. These Terms of Use constitute a binding legal agreement between you and Vaxart, Inc. (“Vaxart,” “we,” “us,” and “our”).

1. PURPOSE OF SITE. This Site is for information purposes only. This Site and its content herein should not be used by you for diagnosing a health or fitness problem or disease. For further information about Vaxart products, please refer to the applicable package inserts and consult your physician or medical advisor.

2. FORWARD STATEMENTS. This Site contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended (the “Securities Act”) and Section 21E of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), which are subject to the “safe harbor” created by those sections, concerning our business, operations, and financial performance and condition as well as our plans, objectives, and expectations for business operations and financial performance and condition. Any statements contained herein that are not of historical facts may be deemed to be forward-looking statements. You can identify these statements by words such as “anticipate,” “assume,” “believe,” “could,” “estimate,” “expect,” “intend,” “may,” “plan,” “should,” “will,” “would,” and other similar expressions that are predictions of or indicate future events and future trends. These forward-looking statements are based on current expectations, estimates, forecasts, and projections about our business and the industry in which we operate and management’s beliefs and assumptions and are not guarantees of future performance or development and involve known and unknown risks, uncertainties, and other factors that are in some cases beyond our control. As a result, any or all of our forward-looking statements on this Site may turn out to be inaccurate. Factors that could materially affect our business operations and financial performance and condition include, but are not limited to, those risks and uncertainties described under “Item 1A – Risk Factors” in our most recent Annual Report on Form 10-K and any risk factors disclosed in subsequent Quarterly Reports on Form 10-Q. These documents are available from the U.S. Securities and Exchange Commission and the Investor section of this Site. You are urged to consider these factors carefully in evaluating the forward-looking statements and are cautioned not to place undue reliance on the forward-looking statements. The forward-looking statements are based on information available to us as of the date of the statement. Unless required by law, we do not intend to publicly update or revise any forward-looking statements to reflect new information or future events or otherwise. You should, however, review the factors and risks we describe in the reports we will file from time to time with the SEC.

This Site also contains market data related to our business and industry. These market data include projections that are based on a number of assumptions. If these assumptions turn out to be incorrect, actual results may differ from the projections based on these assumptions. As a result, our markets may not grow at the rates projected by these data, or at all. The failure of these markets to grow at these projected rates may harm on our business, results of operations, financial condition and the market price of our common stock.

3. USE OF CONTENT; INTELLECTUAL PROPERTY. The content of this Site, including but not limited to the information, materials, images and product names (the “Content”), is protected under applicable copyright and trademark laws. Unless otherwise identified as being owned by another entity, all product names identified by ™ or ® symbols are trademarks owned by or licensed to Vaxart or its affiliates. The Content may not be copied, downloaded and stored in a retrieval system, modified, redistributed, or republished in any way, except that you may download one (1) copy of the Content for your personal informational and noncommercial use only, as long as all copies of the Content retain all copyright, trademark, and other proprietary notices and disclaimers. Nothing contained herein shall be construed as conferring to you by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other property of Vaxart or any third party.
The information contained in each press release available on this Site was provided as of the date of such press release. Vaxart assumes no obligation to update any information contained in such press release, whether to reflect events or circumstances subsequent to the date of such press release or otherwise.

4. HYPERLINK SITES. This Site contains hypertext links to other websites (“Hyperlink Sites”). Hyperlink Sites are not Vaxart websites. If you access a Hyperlink Site you do so at your own risk. Vaxart does not control or endorse any Hyperlink Site, including its content. Vaxart makes no representations or warranties whatsoever as to a Hyperlink Site including but not limited to a Hyperlink Site’s availability or its content. VAXART IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Site, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such user, advertiser, or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site.

5. INFORMATION. Except as otherwise required under Vaxart’s Privacy Policy, any information received by Vaxart from third parties, in the form of questions, comments, suggestions or the like regarding the content of this publication or any other aspect of the business of Vaxart shall be deemed to be non-confidential and Vaxart shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. Vaxart shall be free to use such information, including any ideas, concepts, know-how or techniques contained therein, for any purpose whatsoever including but not limited to researching, developing, manufacturing, selling and marketing products based upon or incorporating such information.

6. DISCLAIMER OF WARRANTY.THIS SITE IS PROVIDED BY VAXART ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THIS SITE IS AT YOUR OWN RISK. VAXART MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED AS TO THE OPERATION OF THIS SITE (INCLUDING ITS AVAILABILITY) OR THE PRODUCTS, MATERIALS OR CONTENT INCLUDED ON THIS SITE. FURTHER, VAXART EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE OR CORRECT INFORMATION CONTAINED ON THIS SITE AND EXPLICITLY DISCLAIMS ANY DUTY TO DO SO. VAXART ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK AND AS SUCH YOU ASSUME FULL RESPONSIBILITY AND ALL RISKS ARISING FROM YOUR USE OF THIS SITE. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, VAXART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

7. LIMITATION OF LIABILITY; INDEMNITY. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VAXART, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR A HYPERLINK SITE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. CERTAIN JURISDICTIONS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES. PLEASE CHECK IF SUCH LAWS APPLY TO YOU. You agree to indemnify and hold Vaxart, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, arising out of, resulting from or connected with the use, modification, misinterpretation, misuse or reuse by you of the Site or Content, including without limitation these Terms of Use.

8. MODIFICATIONS. Vaxart reserves the right to modify this Site including its Content, policies, and Terms of Use at any time without prior notice to you.

9. SEVERABILITY. If any term or condition of these Terms of Use shall be deemed to be invalid, void, illegal, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions.

10. GOVERNING LAW AND JURISDICTION. In the event of any dispute between you and Vaxart or its affiliates arising under or from these Terms of Use or your use of this Site, such dispute shall be governed and construed under the laws of the State of Delaware without regard to principles of conflict of laws. Furthermore, you hereby agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in County, State.

11. GENERAL. Vaxart’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. These Terms of Use compose the entire agreement between you and Vaxart and supersede all prior agreements between the parties regarding the subject matter contained herein.

12. QUESTIONS. Please direct any questions regarding these Terms of Use to webinfo@vaxart.com

REVIEWED: May 3, 2022