3M setup guide 3M Data Manager Model 747 Software License

3M™ DATA MANAGER MODEL 747 SOFTWARE LICENSE

Use of the 3M Data Manager Model 747 Software (“Software”) is governed by the terms of the license between 3M and Customer. The Software may be used by Customer and its employees and agents only for Customer’s benefit and in accordance with the license between 3M and Customer, as set forth below.

1.3M Data Manager Model 747 Software. As used in this License, “Software” means the proprietary

3M Data Manager Model 747 Software licensed to Customer, including any updates (e.g., maintenance releases, modifications to existing functionality or new functionality) that may be provided to Customer by 3M during the term of this License. 3M is under no obligation to issue updates.

2.License. During the term of this License, 3M grants Customer the nonexclusive, nontransferable right to install the Software on a single computer at a single Customer location (“Site”) and to use the Software solely for Customer’s internal business purposes. Title to all copies of the Software will be and remain vested in 3M or its licensors. Title to media on which the Software is provided will be vested in Customer.

3.Prohibitions. Customer may not, without the prior written consent of 3M (i) sublicense, lease, lend or transfer the Software to any third party; (ii) use, or permit the use of, the Software for the benefit of, or by, any third party except in the normal course of Customer’s business; (iii) make copies of the Software except in the normal course of use or for archival purposes; (iv) use the Software at any location other than the Site; or (v) disassemble, reverse engineer or create derivative works of the Software except as permitted by law.

4.Operating Results. Customer is solely responsible for the use it makes of the Software, including, but not limited to, monitoring and verifying the input to and output from the Software.

5.LIMITED WARRANTY AND DISCLAIMER. 3M warrants to Customer that, for a ninety (90) day period following delivery of the Software, the then-current version of the Software will perform in substantial accordance with the corresponding documentation when used as instructed. If the Software fails to meet this warranty, 3M’s sole obligation and Customer’s sole remedy will be, at the option of 3M, correction of the Software to perform as warranted or refund of the applicable separate license fee paid. This warranty is void if the Software is modified or used with software or equipment for which it was not intended. EXCEPT FOR THIS LIMITED WARRANTY, 3M DISCLAIMS ANY AND ALL WARRANTIES,

WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT AND TITLE AND THOSE ALLEGEDLY ARISING FROM TRADE USAGE OR COURSE OF DEALING. 3M DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM ALL BUGS, ERRORS OR OMISSIONS.

6.Limitation of Liability. 3M will not be liable to Customer for any loss or damage resulting from lost data or information. Further, except for personal injury, 3M will not be liable for any indirect, special, incidental or consequential damages or economic loss based upon breach of warranty, breach of contract, negligence, strict liability in tort or any other legal theory, even if 3M has been advised of the possibility of such damages. THE PARTIES AGREE THAT 3M’s MAXIMUM CUMULATIVE LIABILITY FOR ACTUAL DAMAGES FOR ALL MATTERS ARISING OUT OF OR RELATING TO THIS LICENSE SHALL NOT EXCEED TEN THOUSAND DOLLARS ($10,000).

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