Before installing the Software, you must review the terms of our License Agreement listed below. Please read this agreement carefully. By clicking "Accept", you agree to abide by the terms of the License Agreement.
SOFTWARE LICENSE AGREEMENT
Minnesota Mining and Manufacturing Company.
Post-it(r) Software Notes License for Limited Sample
PLEASE READ THIS LICENSE CAREFULLY BEFORE CONTINUING. BY INSTALLING THIS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL THE SOFTWARE.
1. License. The Post-it(r) Software Notes software ("Software") and related documentation ("Materials") are licensed to you by Minnesota Mining and Manufacturing Company ("3M"), and its use is governed by the terms of this Agreement. During the term of this License, you may use the Software and Materials without charge. 3M retains title to the Software and Materials.
2. Restrictions. The Software and Materials contain copyrighted material, trade secrets and other proprietary matter. You agree not to decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. You agree not to modify or create derivative works based upon the Software and Materials in whole or in part.
3. Term and Termination. This License allows you to use all features of the Software for 30 days, unless you violate a provision of this License in which event it shall terminate immediately. Certain features of the Software will continue to operate after 30 days; you may continue to use these features indefinitely provided that you continue to comply with this license. Upon termination you must discontinue use of the Software. Should you purchase a license to the non time-limited version of the Software, you agree to abide by the terms of this Software License Agreement, except for the 30-day usage restriction. Upon purchase of a license, you may make one backup copy of the Software.
4. No Warranties. THE SOFTWARE AND MATERIALS ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 3M DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, OR FREE OF VIRUSES AND OTHER HARMFUL ELEMENTS. Some jurisdictions may give you legal rights which differ from the foregoing.
5. Limitation of Liability. Except for personal injury, 3M shall not be liable for direct, indirect, special, incidental or consequential damages based upon breach of warranty, breach of contract, strict liability or any other legal theory. Some jurisdictions do not allow the exclusion or limitation of incidental and consequential damages, so the above limitation may not apply to you.
6. Government End Users. If you are acquiring the Software and Materials on behalf of any agency of the United States Government, the following provisions apply. 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.
7. Controlling Law and Export Controls. This License shall be governed by and construed in accordance with the laws of the United States and the State of Minnesota, excluding the application of its conflicts of law rules. This License Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby excluded. 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. You specifically represent and warrant to 3M by installing the Software that you are not prohibited from receiving the Software under U.S. export control laws and regulations.
8. Severability. 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.
Copyright 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. All rights reserved.
