User's Instructions

3M Confidential
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.
9. User Data and 3M’s Use of User Data