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10. ASSIGNMENT
User may not assign this Agreement or any interest therein without the prior, written consent of 3M, and any attempted
assignment shall be void.
11. COMPLETE AGREEMENT
User agrees that this Agreement is the complete agreement between 3M and User relating to its subject. This Agreement
supersedes any prior oral or written agreements and other communications between 3M and User relating to this subject.
In the event any provision of this Agreement is deemed by a court with jurisdiction to be invalid or unenforceable, such
provision shall be considered stricken from this Agreement and the remainder shall continue in full force and effect.
12. GOVERNMENT USE
This Article applies to all acquisitions of this software by or for the United States Federal Government, or by any prime
contractor or subcontractor (at any tier) for the United States Federal Government, under any contract, grant, cooperative
agreement, other transaction, or other agreement with the United States Federal Government. By accepting delivery of
this Software, the United States 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 United States Federal Government agrees to return this Software, unused, to 3M. Applicable FAR and
DFARS Clauses. FAR 52.212-4, “Contract Terms and Conditions – Commercial Items,” and FAR 52.212-5, “Contract Terms
and Conditions Required to Implement Statutes or Executive Orders – Commercial Items,” as in effect on the effective
date of this Agreement, are hereby incorporated by reference and made a part of this Agreement. If this Agreement is with
the Department of Defense, DFARS 252.212-7001, “Contract Terms and Conditions Required to Implement Statutes or
Executive Orders Applicable to Defense Acquisitions of Commercial Items,” as in effect on the Effective Date, is also hereby
incorporated by reference and made a part of this Agreement.
13. GOVERNING LAW
This Agreement shall be construed in accordance with the laws of the State of Minnesota applicable to contracts made
and performed therein. All legal actions arising from or relating to this Agreement shall be brought solely in the state and
federal courts of competent jurisdiction located in Ramsey County, Minnesota, and User irrevocably submits to the personal
jurisdiction of such courts. This Agreement shall not be governed by the 1980 United Nations Convention on Contracts for the
International Sale of Goods.
You must accept the terms of the Agreement in order to use the 3M Molecular Detection System. If you are unwilling to
accept the terms, please contact your 3M sales agent to return the system and obtain a refund.