PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING THE SOFTWARE. BY INSTALLING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE UNUSED SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT.
1. License. The software contained on this media (Software) and related documentation (Materials) are licensed to you by Minnesota Mining and Manufacturing Company (3M). You own this media, but 3M retains title to the Software and Materials. This License allows you to copy the Software onto the hard drive of one work and one home computer, solely for personal use with such computers. You may make one back-up copy of the Software.
2. Restrictions. The Software and Materials contain copyrighted material, trade secrets and other proprietary material and in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. You may not modify, rent, lease, loan, distribute or create derivative works based upon the Software and Materials in whole or in part. You may make one archival copy of the Software. You may also transfer all of your license rights in the Software and Materials to another party provided that the other party reads and accepts the terms of this License.
3. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the media, Software and Materials and all copies thereof. This License will terminate immediately without notice from 3M if you fail to comply with any provision of this License. Upon termination, you must destroy the media, Software and Materials and all copies thereof.
4. Export Law Assurances. You represent, warrant and agree that the Software will not be shipped, transferred or exported into any other country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations.
5. Limited Warranty. 3M warrants that for a period of 60 days from the date of purchase the media on which the Software is contained will be free from defects in materials and workmanship and the Software will perform substantially in accordance with the materials when used as instructed. 3M does not warrant the Software is free from all bugs, errors and omissions. 3M DISCLAIMS ALL OTHER EXPRESS WARRANTIES. If the media or the Software contained on the media is found to be defective within the warranty period, then the exclusive remedy and 3M's and seller's sole obligation will be to 1) replace the media or 2) return the price paid for the media, at 3M's option. To obtain warranty service, you must return the defective media at your expense to 3M at the following address with proof of purchase documentation showing when and where you purchased the Software: 3M Office Supplies Division, 3M Center, St. Paul, MN 55144-1000.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
6. Limitation of Liability. Except for personal injury, 3M and seller shall not be liable for direct, indirect, special, incidental or consequential damages based upon breach of warranty, breach of contract, negligence, strict liability or any other legal theory. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
7. Government End Users. The Software and Materials are considered "Commercial Items," as defined in 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as defined in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202 as applicable. The Software and Materials are being licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights granted to all other end users pursuant to the Software License Agreement.
8. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the United States and the State of Minnesota, as applied to agreements entered into and to be performed entirely within Minnesota between Minnesota residents. If for any reason a court of competent jurisdiction finds any provision of this License, or portions thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License shall continue in full force and effect.
9. Dispute Resolution. Any claim or dispute against 3M, its officers and employees, arising out of or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, or any products purchased or licensed hereunder, shall be resolved exclusively and finally by arbitration administered by the American Arbitration Association under its rules (www.adr.com), with the costs of such arbitration being borne by the non-prevailing party. Any decision rendered in such arbitration proceedings shall be final and binding on each of the parties and judgment may be entered thereon in a court of competent jurisdiction. Except for claims relating to a breach of Section 2 above, the arbitrator shall not award either party special, exemplary, consequential, punitive, incidental or indirect damages or attorneys' fees and each party irrevocably waives any such right to recover such damages.
10. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and Materials. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of 3M.
(c) 1997-1999 Minnesota Mining and Manufacturing Company. "Post-it" and "3M" are trademarks of Minnesota Mining and Manufacturing Company and are registered in the U.S. and other countries.
