User's Instructions

11.2. Export Restrictions. User agrees that it will not export or re-export (directly or indirectly) any
products or documentation or other technical data therefore, in whole or in part, without complying
with the U.S. Export Administration Act of 1979and the regulations thereunder. User shall indemnify,
defend (with counsel approved in writing in advance by 3M) and hold 3M harmless against any claims
for cost, damage, expense or liability arising out of or in connection with these restrictions by User.
11.3. Assignment. User may not assign, voluntarily, by operation or law, in connection with a change
in control, merger, or otherwise, this Agreement or any licenses granted or obligations set forth in these
Terms and Conditions to any third party without prior written consent of 3M.
11.4. Severability. If any provision of this Agreement is held invalid, illegal, unenforceable, or in
conflict with any law having jurisdiction over this Agreement, the validity, legality, and enforceability of
the remaining portions or provisions hereof will not be affected or impaired.
11.5. Force Majeure. Neither Party will be responsible for any failure to perform due to causes
beyond its reasonable control (each a “Force Majeure”), including, but not limited to, acts of God, war,
riot, criminal acts, embargoes, acts of civil or military authorities, denial of or delays in processing of
export license applications, fire, floods, earthquakes, accidents, strikes, or fuel crises, terrorist actions,
or widespread internet or electrical outages, provided that such Party gives prompt written notice
thereof to the other Party.
11.6. Waiver. No waiver will be implied from conduct or failure to enforce rights, and no waiver will
be effective unless in writing signed on behalf of the party against whom the waiver is asserted. The
exercise of any right or remedy provided in this Agreement will be without prejudice to the right to
exercise any other right or remedy provided by law or equity, except as expressly limited by this
Agreement.
11.7. Compliance with Laws. User is solely responsible for determining whether its use of the
Software complies with applicable laws and regulations, including but not limited to those governing
the collection, storage and use of personal information. User is solely responsible for establishing and
maintaining policies, procedures, and third-party agreements relating to such information (including
relating to collection, storage and use) as required by law.
11.8. Prior Agreement. This Agreement supersedes and replaces any and all prior agreements for the
Software previously executed by the User.
11.9. Amendments. 3M will notify User before 3M makes any material changes to terms of this
Agreement. User’s continued use of the Software, following changes to terms of this Agreement or
notice of the material changes to terms of this Agreement constitutes User’s acceptance of any
changed terms.
11.10. Notices. Any notice required or permitted by this Agreement shall be in writing to (1) sales-
[e-mail] for 3M or (2) a mailing address or email address of User or Principal.