Terms of Use BEFORE ACCESSING THIS WEBSITE, PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY AS THEY GOVERN YOUR USE OF THIS SITE. BY ACCESSING THIS SITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, WHETHER YOU ARE A CASUAL VISITOR, A DOCTOR, SURGEON, SCIENTIST, HOSPITAL, HEALTHCARE AGENCY, CLINIC, SOFTWARE PROVIDER, PATIENT, INVESTOR OR A PURCHASER OF PRODUCTS OR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION BY OPTINOSE TO ACCESS OR OTHERWISE USE THIS SITE. YOU SHOULD REVIEW THIS POSTING OF THE TERMS OF USE EACH TIME YOU ACCESS THIS SITE AS THE TERMS MAY CHANGE AT ANY TIME IN OUR SOLE DISCRETION, AND YOUR USE OF THIS SITE AFTER SUCH CHANGE WILL SIGNIFY YOUR ACCEPTANCE OF THE CHANGED TERMS. www.optinose.com User Agreement Welcome to www.optinose.com (also referred to as “Site”) owned and operated by OptiNose, Inc. and/or a subsidiary (also referred to as “Optinose,” “us,” or “we”). This Site and its content are for general informational purposes and intended strictly for access and use by United States residents. These Terms of Use govern Your access and use of this Site and any websites owned or operated by Optinose or any websites linking to this Terms of Use (“Sites”). By accessing or using these Sites, You indicate that You understand and intend these Terms of Use to be the legal equivalent of a signed, written contract and equally binding, and that You accept such Terms of Use and agree to be legally bound by them. Please note that Optinose reserves the right to change these Terms of Use at any time at its sole discretion. Your continued use of these Sites following any such modifications will be conclusively deemed acceptance of any changes to these Terms of Use. Therefore, You are urged to review the Terms of Use each time You access these Sites. License Grant These Terms of Use provide You with a personal, revocable, nonexclusive, nontransferable license to use these Sites subject to, and conditioned on, Your compliance with these Terms of Use. You may print and download materials and information on these Sites solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Republication or citation of any content generated by these Sites without Optinose’s express written consent is prohibited. You agree not to copy, modify, adapt, frame, mirror, reproduce, translate, distribute, transmit, reverse engineer, decompile or disassemble any aspect of these Sites, except as expressly permitted by these Terms of Use. As a further condition of use of these Sites, You warrant to Optinose that You will not use these Sites for any purpose that is unlawful or otherwise prohibited by these Terms of Use. Any rights not expressly granted herein are reserved. Forward-Looking Statements These Sites contain “forward-looking statements” within the meaning of the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Forward-looking statements include statements regarding Optinose’s future operations, financial performance, financial position, prospects, strategies and objectives and other future events. In some cases, you can identify forward-looking statements by words such as “may,” “will,” “could,” “would,” “should,” “expect,” “intend,” “plan,” “anticipate,” “believe,” “estimate,” “predict,” “project,” “potential,” “continue,” “ongoing,” “scheduled” and similar expressions, although not all forward-looking statements contain these identifying words. Forward-looking statements are based upon Optinose’s current expectations, intentions and assumptions regarding future events and are subject to a number of risks, uncertainties and other factors, many of which are outside of Optinose’s control, that could cause actual results to differ materially and adversely from those expressed or implied by such statements. Factors that could cause or contribute to such differences include, but are not limited to: the ability to successfully commercialize XHANCE™ (fluticasone propionate); the ability to obtain adequate reimbursement for XHANCE; the level of acceptance of XHANCE by physicians, patients and healthcare payors; the design and execution of clinical trials to support future indications for XHANCE; the ability to obtain additional capital; reliance on contract manufacturers and suppliers for commercial supply; the uncertainty of patent protection; use of a contract sales organization; litigation and other risks detailed in the Optinose’s filings with the Securities and Exchange Commission. Additionally, other unknown, unidentified or unpredictable factors could also materially and adversely impact actual results. As a result, you should not place undue reliance on forward-looking statements. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date the statement was made. While Optinose may update certain forward-looking statements from time to time, it specifically disclaims any obligation to do so, whether as a result of new information, future developments or otherwise. Disclaimer Optinose, its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any Site Material, User Content, links, advertisements or other items contained within these Sites. Optinose reserves the right to immediately remove any Site Material or User Content for any reason or for no reason. Optinose cannot and does not review all communications made on or through these Sites, but, although not obligated to, may review, filter, verify, make changes to or remove any User Content, Site Material, these Sites or the products or services made available in connection with these Sites, with or without notice in its sole discretion. You agree that You must evaluate and bear all risks associated with the use of Site Material or User Content and that You may not rely on such Site Material or User Content. THESE SITES, THEIR CONTENT, THE EMAIL ALERT SERVICE AND THE OTHER SERVICES AND FEATURES AVAILABLE THROUGH THESE SITES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. OPTINOSE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT, THE EMAIL ALERT SERVICE OR THE OTHER SERVICES AND FEATURES AVAILABLE THROUGH THESE SITES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THESE SITES, ITS CONTENT, THE EMAIL ALERT SERVICE AND THE OTHER SERVICES AND FEATURES AVAILABLE THROUGH THESE SITES IS AT YOUR SOLE RISK. OPTINOSE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THESE SITES, THE EMAIL ALERT SERVICE OR THE OTHER SERVICES AND FEATURES AVAILABLE THROUGH THESE SITES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. FURTHER, OPTINOSE EXPRESSLY DISCLAIMS ANY OBLIGATION OR DUTY TO UPDATE OR CORRECT INFORMATION CONTAINED ON THESE SITES AND MAY CEASE THE EMAIL ALERT SERVICE OR ANY OTHER SERVICE OR FEATURE AVAILABLE THROUGH THESE SITES AT ANY TIME, WITHOUT NOTICE TO YOU. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT OR MATERIAL YOU OBTAIN FROM THESE SITES, THE EMAIL ALERT SERVICE OR ANY OTHER SERVICE OR FEATURE AVAILABLE THROUGH THESE SITES IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. Medical Information Medical information that appears on these Sites is for informational purposes only and is not, nor is intended to be, a medical diagnosis or a replacement for advice given by a physician or other medical professional. The information provided on these Sites should not be relied upon as the basis of any healthcare decision. Without limiting anything else in these Terms of Use or otherwise, Optinose is not responsible for any errors or omissions in these Sites. YOU MUST CONSULT WITH A PHYSICIAN, DOCTOR OR HEALTHCARE PROVIDER BEFORE TAKING ANY PRODUCT OR USING ANY INFORMATION ON THESE SITES. Links to Other Websites These Sites may link You to other websites that are not owned or controlled by Optinose. The fact that we provide a link to a third party website does not mean that we endorse, authorize or sponsor that website. It also does not mean that we are affiliated with the third party website’s owners or sponsors. These links are provided for Your convenience only. Optinose expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on these third-party sites and/or the collection and use of personally identifiable information by these third-party sites. If You choose to hyperlink to another website, You do so at Your own risk. We reserve the right to terminate a link to a third party website at any time. Links from Other Websites to These Sites If a third party links to these Sites, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to these Sites. Optinose expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on these third-party sites and/or the collection and use of personally identifiable information by these third-party sites. Submissions Optinose welcomes Your feedback and suggestions. Any ideas, suggestions, information, know-how, material or other content (collectively, “content”) received through these Sites, including emails to Optinose or postings on interactive portions of these Sites, shall be deemed PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on the part of Optinose to keep such information secret. You hereby grant Optinose a royalty-free, perpetual, irrevocable, transferable, worldwide, nonexclusive right and license for Optinose to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display (in whole or part) or act on such content without additional approval or consideration, in any form, media or technology now known or later developed for the full term of any rights that may exist in such content. Optinose is free to use, for any purpose whatsoever, any content, including but not limited to publishing, or developing, manufacturing and marketing products using such content. You warrant that all “moral rights” in any content have been waived and You hereby RELEASE Optinose from any liability under any legal theory in connection with the use, modification, sale or disclosure of any content. You are not authorized to post on or transmit to or from these Sites any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other content that could give rise to any civil or criminal liability under the law. Intellectual Property Rights All materials contained on these Sites are protected by law, including but not limited to United States copyright and trademark law, as well as other state, national, and international laws and regulations. The contents of and all materials distributed in conjunction with these Sites are Copyright © 2017 OptiNose, Inc. and/or its affiliate and subsidiary companies, or its licensors, all rights reserved. Optinose also owns a copyright in these Sites as a collective work and/or compilation, and in the selection, coordination, arrangement and enhancement of such content. Optinose® and Breath Powered® are registered trademarks of OptiNose, Inc. or its affiliate and subsidiary companies. XHANCE™ is a trademark of OptiNose, Inc. or its affiliate and subsidiary companies. Unauthorized use of any material or trademarks contained on these Sites may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes and other laws and regulations. Please be aware that Optinose actively and aggressively enforces its intellectual property rights to the fullest extent of the law. Copyright Owners’ Rights Under the Digital Millennium Copyright Act of 1998 The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If You believe in good faith that materials hosted by Optinose infringe Your copyright, You (or Your agent) may send us a notice requesting that the materials be removed, or access to them blocked. If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information on the DMCA is the U.S. Copyright Office website. Notices and counter-notices for these Sites should be sent to: General Counsel, OptiNose, Inc., 1020 Stony Hill Road, Suite 300, Yardley, Pennsylvania 19067. Limitation of Liability YOU ASSUME FULL RESPONSIBILITY AND ALL RISKS ARISING FROM ACCESS AND USE OF THESE SITES, THE EMAIL ALERT SERVICE AND ANY OTHER SERVICE OR FEATURE AVAILABLE THROUGH THESE SITES. IN NO EVENT SHALL OPTINOSE OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS OR LICENSORS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL (INCLUDING LOSS OF PROFITS), PUNITIVE OR OTHER DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE EXISTENCE, ACCESS OR USE OF THESE SITES, THE EMAIL ALERT SERVICE OR ANY OTHER SERVICE OR FEATURE AVAILABLE THROUGH THESE SITES, REGARDLESS OF WHETHER OPTINOSE OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. THIS ALSO INCLUDES DAMAGES FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. IN NO EVENT WILL OPTINOSE’S LIABILITY FOR ANY CLAIM OF ANY KIND, WHETHER BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY LOSSES OR DAMAGES ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, THESE TERMS OF USE OR THE PERFORMANCE OR BREACH THEREOF, OR THESE SITES OR ANY PRODUCT OR THE USE OR PERFORMANCE THEREOF, EXCEED THE AMOUNT PAID BY YOU FOR SUCH ITEM OR PRODUCT. Indemnification You agree to indemnify and hold harmless Optinose and/or its affiliates and subsidiaries, and their respective officers, directors, employees, shareholders, agents, representatives, service providers and licensors, and their respective successors and assigns, from and against any damages (including reasonable attorneys’ and professional fees and litigation costs) arising out of or related to Your breach of these Terms of Use or Your misuse of these Sites. The provisions regarding use of these Sites and the provisions regarding Indemnification are for the benefit of Optinose and its officers, directors, employees, agents, licensors, suppliers and any third party information providers to these Sites. Each of these individuals or entities may be afforded by Optinose the right to assert and enforce those provisions directly against You on its own behalf. Furthermore, Optinose may assign any of its rights and duties under these Terms of Use to any party at any time without notice to You. Privacy Policy Please see our Privacy Policy governing these Sites. The Privacy Policy is incorporated by reference into, and is a part of, these Terms of Use. By using these Sites You agree to the terms of the Privacy Policy and You consent to the collection, use and disclosure of information in accordance with the Privacy Policy. Please be sure to read the Privacy Policy before using or submitting information to these Sites. We Are Not Providing Investment Advice or Soliciting Offers Nothing in these Sites constitutes investment advice, including our SEC filings. We provide investor relations materials for Your convenience and information only. In addition, investor relations materials and our other content on these Sites are not offers to sell or solicitations of an offer to buy any security. There are no guarantees about the future performance of the stock market or our stock. Before You invest in any security, You are urged to consult with a qualified financial advisor. Miscellaneous THESE TERMS OF USE SHALL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, WITHOUT REGARD TO CONFLICTS OF LAW RULES, AND THE EXCLUSIVE JURISDICTION AND VENUE FOR ANY DISPUTE SHALL BE THE COMMONWEALTH OF PENNSYLVANIA. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. We may assign our rights and duties under these Terms of Use to any party at any time without notice to You. Specific areas or pages of these Sites may include additional or different terms relating to the use of these Sites or the rights or obligations of You or Optinose. In the event of a conflict between such terms and these Terms of Use, such specific terms shall control. Contact Us P.O. Terms & Conditions Join Our Team Privacy Policy Terms of Use Site Map ©2018 OptiNose US, Inc. OPTINOSE-17-013b 10/2017