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License agreement
The following terms and conditions apply to your purchase of the 3M Molecular Detection System and your licensing of the
software:
3M END USER LICENSE AGREEMENT
3M
™
MOLECULAR DETECTION SYSTEM SOFTWARE
THIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU” or “USER”) AND 3M
COMPANY (“3M”) REGARDING YOUR ACCESS TO AND USE OF THE SOFTWARE IDENTIFIED HEREIN. BY CLICKING THE “I ACCEPT”
BUTTON DISPLAYED HEREWITH AND/OR BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU
AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A COMPANY
OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO LEGALLY BIND SUCH ENTITY
TO THIS AGREEMENT, IN WHICH CASE THE TERMS “YOU,” “YOUR” AND “USER” HEREIN REFER TO SUCH ENTITY. IF YOU DO
NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MUST CLICK THE “I DO NOT
ACCEPT” BUTTON, YOU MAY NOT DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE SOFTWARE, AND YOU MAY CONTACT
YOUR 3M SALES AGENT TO RETURN YOUR 3M MOLECULAR DETECTION SYSTEM AND OBTAIN A REFUND.
1. LICENSE
In consideration for User’s payment to 3M of the purchase price, 3M grants User the nonexclusive nontransferable right: (a) to
use internally, in its own business, the 3M Molecular Detection Software program object code included in the 3M Molecular
Detection System, solely in conjunction with its use of the 3M Molecular Detection System (which software, including all
User Documentation and all future versions, updates, and enhancements thereof provided to User by 3M, is referred to as
the “Software”); (b) to make one back-up copy of the Software, but only as necessary for User’s use of the Software as
permitted by this Agreement; and (c) to make copies of the User Documentation for User’s internal use only. User agrees not
to make any other copies of the Software or User Documentation. Nothing in this Agreement gives User any right to receive
or use any source code for the Software. For the purposes of this Agreement, the 3M Molecular Detection System includes
the 3M Molecular Detection Instrument, Software and other components supplied by 3M which are described in the 3M
Molecular Detection System User Manual (“User Documentation”).
2. OWNERSHIP
The parties acknowledge that the Software is the sole and exclusive property of 3M and/or its licensors. User agrees to
reproduce, on any copy of the Software or the User Documentation User makes, all copyright and proprietary rights notices
as well as similar notices appearing on the Software or User Documentation.
3. RESTRICTIONS ON USE
User agrees not to lease, sublicense, sell, decompile, disassemble, modify, reverse engineer, or transfer the Software, or
translate the Software to another language. User agrees not to disclose to anyone outside User any part of the Software other
than the screen displays visible to a user of the Software and not to provide access to the Software to anyone outside User’s
company through a network or other means.
4. LIMITED WARRANTY
3M Food Safety Hardware (“Hardware”) includes the 3M Molecular Detection System Instrument, and any associated
Software and other components supplied by 3M which are described in the applicable Installation and Use Guides (“User
Documentation”).
LIMITED WARRANTY AND DISCLAIMER
3M warrants that for one year from the date of shipment that the Hardware will substantially perform in accordance with the
User Documentation. THIS WARRANTY IS VOID IF: (A) THE HARDWARE HAS BEEN REPAIRED BY PERSONS NOT AUTHORIZED
BY 3M; OR (B) THE HARDWARE HAS BEEN ALTERED, MODIFIED, OR MISUSED; OR (C) THE HARDWARE IS USED WITH PRODUCTS,
SUPPLIES, COMPONENTS OR SOFTWARE NOT SUPPLIED BY 3M FOR USE WITH THE HARDWARE; OR (D) THE HARDWARE OR
A COMPONENT IS USED FOR OTHER USES (FOR EXAMPLE USE WITH OTHER CIRCUIT BOARDS OR SOFTWARE) OR (E) THE
HARDWARE HAS NOT BEEN MAINTAINED OR USED IN ACCORDANCE WITH THE USER DOCUMENTATION. UNLESS PROHIBITED
BY LAW, THIS WARRANTY IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, THE IMPLIED WARRANTY OF MERCHANTABILITY, OR