User's Instructions
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5.1. 3M may, at its sole discretion, use commercially reasonable efforts to provide support services for
the Software to User; however, unless specifically provided for in a separate agreement between 3M and User,
in no event, shall 3M be obligated to provide support services to the User. User expressly acknowledges that 3M
does not guarantee a specific response time to requests for support services.
6.
Warranty
6.1. USE OF THE SOFTWARE IS AT USER’S SOLE RISK. THE SOFTWARE IS PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS. 3M, ITS SUPPLIERS, LICENSORS, AND SUBCONTRACTORS DISCLAIM AND
USER WAIVES ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE SOFTWARE,
DOCUMENTATION, OR OTHER RELATED INFORMATION, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT, WARRANTIES OF FREEDOM FROM ERRORS OR
DEFECTS, OR ANY WARRANTIES OF SECURITY AGAINST DATA BREACHES OR INTRUSIONS.
3M, ITS SUPPLIERS, LICENSORS, AND SUBCONTRACTORS DO NOT WARRANT THAT THE SOFTWARE
OR DATA WILL MEET USER’S REQUIREMENTS, THAT OPERATION OF THE SOFTWARE OR AVAILABILITY OF
DATA WILL BE UNINTERRUPTED, OR THAT THE SOFTWARE OR DATA IS WITHOUT ERROR. NEITHER
3M NOR ITS SUPPLIERS, LICENSORS, AND SUBCONTRACTORS WILL BE RESPONSIBLE FOR THE
ACCURACY OR USE OF DATA ACCESSED BY THE SOFTWARE. THE ABOVE-STATED LIMITED WARRANTY
IS VOID WITH RESPECT TO ANY UNAUTHORIZED USE OF THE SOFTWARE, USE OF THE SOFTWARE
OTHER THAN IN ACCORDANCE WITH 3M, ITS SUPPLIERS, LICENSORS, AND SUBCONTRACTORS’S
WRITTEN INSTRUCTIONS AND DOCUMENTATION, USE OF SOFTWARE WITH PRODUCTS AND
SERVICES NOT PROVIDED BY 3M, ITS SUPPLIERS, LICENSORS, AND SUBCONTRACTORS, AND AS TO
SOFTWARE THAT HAS BEEN DAMAGED OR MODIFIED OTHER THAN BY 3M, ITS SUPPLIERS, LICENSORS,
AND SUBCONTRACTORS.
7.
Limitation of Liability
7.1. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL 3M, ITS SUPPLIERS, LICENSORS, AND
SUBCONTRACTORS BE LIABLE (I) FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL
OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR
LOST SAVINGS, HOWEVER CAUSED, WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, TORT,
BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE, WHETHER OR NOT 3M, ITS SUPPLIERS,
LICENSORS, AND SUBCONTRACTORS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES;
(II) FOR LOSS OF, DAMAGE TO, OR BREACH OF SOFTWARE, RECORDS OR DATA; (III) FOR THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (IV) FOR THIRD-PARTY CLAIMS AGAINST
USER FOR LOSSES OR DAMAGES (V) BUSINESS INTERRUPTION; OR (VI) ANY CLAIMS ARISING FROM
USER’S USE OF THIRD PARTY SUPPLIES OR EQUIPMENT. NOTWITHSTANDING ANY OTHER PROVISION
OF THIS AGREEMENT, 3M, ITS SUPPLIERS, LICENSORS, AND SUBCONTRACTORS’S TOTAL LIABILITY
TO USER IS LIMITED TO USER PAYMENTS PROVIDED UNDER THIS AGREEMENT.
8.
User Responsibilities
Although 3M makes the Software available for User’s use, User understands and acknowledges that it is
solely responsible for the use it makes of the Software including, but not limited to, complying with all user
instructions, safe workplaces practices, and the monitoring and verifying the input to and output from the Software.
The Software is not a replacement for visual and functional inspections of personal protective equipment. THE
SOFTWARE IS INTENDED TO SUPPLEMENT, NOT REPLACE, APPROPRIATE WORKPLACE, PRIVACY,
HEALTH, SAFETY AND ENVIRONMENTAL POLICIES AND PRACTICES. USER IS SOLELY RESPONSIBLE FOR
COMPLIANCE WITH ALL WORKPLACE, PRIVACY, HEALTH, SAFETY, ENVIRONMENTAL AND OTHER
APPLICABLE LAWS AND REGULATIONS. USER AGREES TO INDEMNIFY, HOLD HARMLESS, AND
DEFEND 3M, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS,
LOSSES, DAMAGES, PENALTIES, FINES, LIABILITIES, COSTS AND EXPENSES, INCLUDING ATTORNEY’S
FEES, THAT ARISE OR RESULT FROM USER’S USE OF THE SOFTWARE OR USER’S FAILURE TO COMPLY WITH
SUCH LAWS AND REGULATIONS.