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ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. 3M
DOES NOT WARRANT THAT THE SOFTWARE WILL FUNCTION ERROR FREE.
If within one year after shipment, the Hardware does not conform to the express warranty set forth above, 3M’s sole
obligation and User’s sole remedy shall be, at 3M’s option: 1) to repair or replace the non-conforming component; or, 2)
refund the purchase price.
5. CONFIDENTIALITY
The parties agree that the Software and information relating to its functions and capabilities are confidential and proprietary
information owned exclusively by 3M (the “Confidential Information”). User agrees to maintain the Confidential Information
in secret, and not to use or disclose it except as specifically authorized by this Agreement. User agrees that it will limit the
disclosure of the Confidential Information only to its officers, employees and agents directly involved in use of the Software
as permitted by this Agreement, and who agree to maintain the confidentiality of the Confidential Information. User will
not be obligated to retain any Confidential Information in confidence if such information is or becomes generally available
to the public through no fault of User, or if User had any such information in its possession prior to receiving it from 3M
or developing it under this Agreement. User’s obligations under this section 5 shall continue for 5 years after expiration or
termination of this Agreement.
6. LIMITATION OF LIABILITY
UNLESS PROHIBITED BY LAW, 3M WILL NOT BE LIABLE TO USER OR OTHERS FOR ANY OTHER DIRECT, INDIRECT,
CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES INCLUDING, FOR EXAMPLE, LOST PROFITS, BUSINESS, INVESTMENTS,
OR OPPORTUNITIES EVEN IF 3M HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The parties agree that 3M’s
total cumulative liability to User for direct damages for all causes shall not exceed One Hundred Dollars, or the price paid for
the Hardware, whichever is higher. Some states or countries may have laws which require liability rights different from those
stated above. In such state or countries, the minimum required liability terms shall apply.
To request service, you must request a Returned Material Authorization (RMA) number from the service center. Please call
1-800-328-1671.
8. TERMINATION
This Agreement shall terminate (a) in the event the User materially breaches a provision of this
Agreement and fails to cure such breach within 30 days after receiving a written notice of breach from 3M; or (b) in the event
User discontinues use of the Software. Upon termination of this Agreement for any reason, User shall return to 3M all copies
of the Software in User’s possession or control.
9. INFRINGEMENT
3M shall defend, at its expense, any claim or suit brought against User alleging that the Software infringes a United States
patent or copyright, and shall pay all costs and damages finally awarded, provided that 3M is given prompt written notice of
such claim and is given information, reasonable assistance, and sole authority to defend or settle the claim. In the defense or
settlement of the claim, 3M may obtain for User the right to continue using the Software, replace or modify the Software so
that it becomes non-infringing or, if such remedies are not reasonably available in the opinion of 3M, grant User a credit for
the Software as depreciated and accept its return. 3M shall not have any liability if the alleged infringement is based upon
the use or sale of the Software in combination with other software or devices not manufactured by 3M, or is based upon
alterations to the Software or usage of the Software in a manner not authorized in writing by 3M. This is 3M’s sole liability to
User relating to third party claims of patent or copyright infringement.
10. INDEMNIFICATION
User agrees to indemnify and hold harmless 3M, its officers, directors, employees, agents, subsidiaries and affiliates, and
their successors and assigns (“Indemnities”), from and against any claim, liability, loss, damage, lien, judgment, duty, fine,
civil penalty and cost, including reasonable attorneys fees and litigation expenses, arising from (a) User’s breach of this
Agreement; (b) User’s use of the 3M Molecular Detection System and the Software; (d) User’s failure to install, use and
maintain the 3M Molecular Detection System and the Software in accordance with the User Documentation, and (c) User’s
failure to comply with applicable laws and regulations, including but not limed to rules and regulations promulgated by the
U.S. Food and Drug Administration.