7.Term and Termination. This License will terminate (i) if either party materially breaches a provision of this License and fails to cure such breach within thirty (30) days after receiving a written notice of breach from the nonbreaching party; or (ii) if Customer discontinues use of the Software. Upon termination of this License for any reason, Customer shall cease all further use of the Software and destroy or return to 3M all copies then in its possession or under its control. At 3M’s request, Customer will certify to 3M in writing that it is in full compliance with the requirements of this paragraph.
8.U.S. Government End Users. This provision applies to all acquisitions of this Software by or for the Federal Government or by any prime contractor or subcontractor (at any tier) for the Federal Government under any contract, grant, cooperative agreement, other transaction, or other agreement with the Federal Government. By accepting delivery of this Software, the Federal Government hereby agrees that this Software qualifies as “commercial” computer software within the meaning of the acquisition or financial assistance regulations applicable to this procurement. The terms and conditions of this License shall apply to the Government’s use and disclosure of this Software and shall supersede any conflicting contract terms and conditions. If this License fails to meet the Government’s needs or is inconsistent with federal law, the Federal Government agrees to return this Software, unused, to 3M. The following additional statement applies only to acquisitions governed by DFARS Subpart 227.4 (October 1988): “Restricted
9.General Provisions. This License constitutes the entire agreement between 3M and Customer with respect to use of the Software. This License is governed by and construed under Minnesota law, excluding its conflicts of law provisions. This License may not be amended, assigned, sublicensed or transferred by Customer without 3M’s prior written consent. Failure of 3M to enforce any provision will not constitute a waiver of such provision or of the right to enforce such provision. If any provision of this License is held to be unenforceable by a court, the validity and enforceability of the other provisions will not be affected.
