Warranty and Important Notices for Marketing Collateral and End User License Agreements
1 Warranty Information
1.1 3M Warranty
3M warrants to the 3M™ Roadway Safety Asset Manager (“Software”) licensee (“User”) that, when used in accordance with 3M's instructions (written, posted, or otherwise), for a period of twelve (12) months from the date of the certificate of acceptance issued by 3M (or, in the case of installations by a party other than 3M, for a period of twelve (12) months from date of shipment) that the Software will perform substantially in accordance with 3M's published user documentation.
1.2 3M Warranty Terms and Conditions
The above-stated warranty is void with respect to Software that is (i) not authorized by 3M; (ii) not sold or provided by 3M; (iii) provided in beta form, or for evaluation, testing or demonstration purposes or for which 3M does not receive a fee; (iv) altered in any manner, except by 3M; (v) installed, operated, repaired, or maintained other than in accordance with 3M written instructions and documentation; or (vi) damaged or modified other than by 3M, including being subjected to abnormal physical or electrical stress, misuse, negligence, or accident. In addition, such warranties do not apply to: (a) any third party systems, accessories, services, products, or ancillary or peripheral equipment; or (b) any failure or delay caused by the Internet, User's Internet service provider, or third party software products. The User shall promptly notify 3M in writing of any warranty claims.
1.3 Exclusive Limited Remedy
User's sole and exclusive remedy for breach of the above-stated warranty shall be, in 3M's sole discretion and at its sole cost and expense: (i) repair or replacement of defective Software giving rise to the warranty claim or re-performance of defective installation services giving rise to the warranty claim; or (ii) refund to User of amounts paid for such defective Software or installation services. User may have specific legal rights in some legal jurisdictions, in which case 3M's warranty responsibilities shall be the minimum required by law.
EXCEPT FOR THE ABOVE-STATED WARRANTY, 3M, ITS SUPPLIERS, LICENSORS, AND
SUBCONTRACTORS (COLLECTIVELY REFERRED TO HEREAFTER AS “3M”) DISCLAIM AND USER WAIVES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, CONCERNING THE SOFTWARE, DOCUMENTATION, OR OTHER RELATED INFORMATION, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WARRANTIES OR CONDITIONS OF FREEDOM FROM ERRORS OR DEFECTS, OR ANY WARRANTIES OR CONDITIONS OF SECURITY AGAINST DATA BREACHES OR INTRUSIONS. 3M DOES 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. 3M WILL NOT BE RESPONSIBLE FOR THE ACCURACY OR USE OF DATA ACCESSED BY THE SOFTWARE.
1.5 Limitation of Liability
IN NO EVENT WILL 3M 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 WAS 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 CONFLICTING CONTRACTUAL RIGHTS OR OBLIGATIONS, 3M'S TOTAL LIABILITY TO USER IS LIMITED TO ONE YEAR OF PAYMENTS MADE BY USER TO 3M FOR THE PRODUCT OR SERVICE WHICH WAS THE SUBJECT OF THE CLAIM.
1.6 Data Privacy