POST-IT® SOFTWARE NOTES - LITE LICENSE AGREEMENT ("License") From 3M Company.

THIS
IS A BINDING AGREEMENT - READ CAREFULLY. It concerns your legal obligations in
using the Post-it® Software Notes-Lite software ("Post-it® Software") and related d
ocumentation ("Post-it® Software Materials"). BY CLICKING THE "I AGREE" BUTTON B
ELOW, OR BY DOWNLOADING AND INSTALLING OR USING THE POST-IT® SOFTWARE, YOU AGREE T
O BE BOUND BY THE TERMS OF THIS LICENSE. THESE TERMS INCLUDE DISCLAIMERS FOR DA
MAGES, REMEDY, AND WARRANTIES AS WELL AS OTHER EXCLUSIONS AND LIMITATIONS. IF Y
OU DO NOT AGREE, THEN YOU MUST NOT DO ANY OF THE FOREGOING AND MUST DESTROY ANY
COPIES OF SAID SOFTWARE AND MATERIALS IN YOUR POSSESSION OR CONTROL.
1. License Grant. The Post-it® Software and Post-it® Materials accompanying this Lic
ense are licensed to you by 3M Company (3M). Subject to the terms of this Licens
e, 3M grants to you a limited, non-exclusive, nontransferable, royalty-free lice
nse to install and use (without modification) the Post-it® Software onto the hard
drive of one work and one home computer, [solely for personal use with such comp
uters]. You may also make one copy of the Post-it® Software solely for back-up/arc
hival purposes. 3M retains all right, title, and interest in and to: the Post-i
t® Software, the copy on which it is made available, and the Post-it® Materials. Al
l rights not expressly granted in this License are reserved by 3M.
2. Further Restrictions. The Post-it® Software and Post-it® Materials contain copyri
ghted material, trade secrets and other proprietary material of 3M. You may not
decompile, reverse engineer, disassemble or otherwise reduce the Post-it® Software
to a human-perceivable form. You may not modify, rent, lease, loan, sell, subli
cense, distribute or create derivative works based upon the Post-it® Software and
Post-it® Materials in whole or in part. You may transfer this License and the Post
-it® Software and Post-it® Materials to another party provided that the other party
accepts the terms of this License and you do not retain any copy (including any
back-up/archival copy).
3. Termination. This License is effective until terminated. You may terminate th
is License at any time by destroying all copies in your possession or control of
the Post-it® Software and Post-it® Materials. This License will terminate immediate
ly without notice from 3M if you fail to comply with any term of this License. U
pon termination, you must destroy all copies in your possession or control of th
e ost-it® Software and Post-it® Materials, and, if requested by 3M, provide 3M with
a certification of such destruction.
4. Export Law Assurances. You represent, warrant and agree that you will comply
with any national or international export laws, restrictions, or regulations tha
t apply to the Post-it® Software. Specifically, and without limitation of the for
egoing, you will not ship, transfer or export the Post-it® Software into any count
ry or use the Post-it® Software in any manner prohibited by the United States Expo
rt Administration Act.
5. NO WARRANTIES. 3M MAKES NO WARRANTIES, GUARANTIES OR CONDITIONS RELATING T
O THE POST-IT® SOFTWARE AND POST-IT® MATERIALS. TO THE FULL EXTENT ALLOWED BY LAW,
THE POST-IT® SOFTWARE, POST-IT® MATERIALS AND ANY DOWNLOAD OR TRANSMISSION OF THEM A
RE PROVIDED AS IS AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QU
ALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. 3M DISCLAIMS ALL IMPLIED
WARRANTIES, GUARANTIES, CONDITIONS AND DUTIES, INCLUDING WITHOUT LIMITATION, ANY
OF MERCHANTABILITY OR FITNESS FOR PURPOSE, AND ANY OF REASONABLE EFFORT OR LA
CK OF NEGLIGENCE. ALSO, 3M MAKES NO WARRANTIES REGARDING TITLE, QUIET ENJOYMEN
T, LACK OF INFRINGEMENT OR LACK OF VIRUSES OR THE LIKE.
6. EXCLUSION OF MOST DAMAGES; LIMITATION OF LIABILITY; EXCLUSIVE REMEDY. 3M SHAL
L NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAM
AGES, OR DAMAGES FOR NEGLIGENCE OR STRICT LIABLITY, ARISING OUT OF OR RELATED TO
THE POST-IT® SOFTWARE, POST-IT® MATERIALS, ANY DOWNLOAD OR TRANSMISSION OF THEM, OR
FOR ANY OTHER REASON INCLUDING BUT NOT LIMITED TO ANY BREACH OF CONTRACT, TORT
OR NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY.
3M'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS LICENSE OR AGAINST 3M
SHALL BE LIMITED TO THE CHOICE MADE BY 3M AMONG THE FOLLOWING: (A) 3M S REPAIR,
REPLACEMENT OR NEW TRANSMISSION OF THE ITEM CLAIMED TO HAVE CAUSED DAMAGE; OR (
B) THE AMOUNT OF DIRECT DAMAGES YOU ACTUALLY INCURRED IN REASONABLE RELIANCE, BU
T NOT EXCEEDING THE AMOUNT THAT YOU OR THE ORIGINAL LICENSEE PAID TO 3M OR ITS A
UTHORIZED DISTRIBUTOR FOR THE POST-IT® SOFTWARE. THE EXCLUSIONS, LIMITATIONS AND
EXCLUSIVE REMEDY SHALL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
7. Government End Users. The Post-it® Software and Post-it® Materials are considered
"Commercial Items," as defined in 48 C.F.R. 2.101, consisting of "Commercial Co
mputer 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 Post-it® Software and P
ost-it® Materials are being licensed to U.S. Government end users (A) only as Comm
ercial Items and (B) with only those rights granted to all other end users pursu
ant to the Post-it® Software Notes License Agreement.
8. Controlling Law and Severability. This License shall be governed by and const
rued in accordance with the laws of the United States and the State of Minnesota
, as applied to agreements and related matters as if entered into and performed
entirely within Minnesota between Minnesota residents. If for any reason a court
of competent jurisdiction finds any provision of this License, or portions ther
eof, to be unenforceable, the remainder of that provision of the License shall,
after honoring this Licenses allocation of risks to the maximum extent permissibl
e, continue in full force and effect.
9. Dispute Resolution. Any claim or dispute against 3M, its officers and employe
es, arising out of or relating to this Agreement, its interpretation, or the bre
ach, termination or validity thereof, or any products purchased or licensed here
under, shall be resolved exclusively and finally by arbitration administered by
the American Arbitration Association under its rules (www.adr.org), with the cos
ts of such arbitration being borne by the non-prevailing party. Any decision ren
dered 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 shal
l not award either party special, exemplary, consequential, punitive, incidental
or indirect damages or attorneys' fees and each party irrevocably waives any su
ch right to recover such damages.
10. Complete Agreement. This License constitutes the entire agreement between th
e parties with respect to the use of the Post-it® Software and Post-it® Materials. N
o amendment to or modification of this License will be binding unless in a non-e
lectronic writing that is signed by a duly authorized representative of 3M.
(c) 2004 3M Company. "Post-it®," the Post-it® logo and the color canary yellow are r
egistered trademarks of 3M Company.