Intellectual Property Terms of Use

1. Overview

Please read these terms of an agreement (“IP Terms of Use”) between you and The ESAB Group, Inc., and/or its affiliates and subsidiaries (“ESAB” or “we” or “us”). By downloading or otherwise receiving from ESAB any ESAB trademarks, videos, photographs, logos, graphics, other copyrighted materials, proprietaries, and/or other intellectual properties that are the property of ESAB, you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations, including, but not limited to, export and re-export control laws and regulations.

To the extent these IP Terms of Use conflicts with any other intellectual property terms of use as are agreed in writing by ESAB, the specific terms of such other intellectual property terms of use shall govern intellectual property use. At any time, ESAB may, without notice to you, revise these IP Terms of Use. 

2. General

The ESAB trademarks, logos, graphics are trademarks or trade dresses of ESAB and are the property of ESAB (“ESAB Trademarks”). The ESAB photographs, videos, and other copyrighted materials are the property of ESAB (“ESAB Copyrighted Materials”). ESAB Trademarks, ESAB Copyrighted Materials, and other ESAB intellectual properties are the property of ESAB and protected by the laws of the United States and/or international treaties (“ESAB IP Materials”).

ESAB grants you a non-exclusive, revocable, non-transferable, non-sublicensable, and limited permission to access and use ESAB IP Materials provided you comply with these IP Terms of Use. 
ESAB does not grant you any express or implied rights or license to any ESAB IP Materials. All specific uses of any ESAB IP Materials must be approved in writing in advance by ESAB. ESAB’s silence or failure to respond to requests to use any ESAB IP Materials shall be deemed a denial of consent and does not constitute approval nor may a specific use approval be transferred to any third party without ESAB’s written consent. You may not use ESAB IP Materials unless and until ESAB has granted its specific written approval (by execution of a license agreement or delivery of other written permission).

Your failure to comply with these terms or any other intellectual property terms of use as are agreed in writing by ESAB will result in automatic termination, without prior notice, of any rights granted to you and you must immediately destroy all copies of downloaded ESAB IP Materials in your possession, custody or control and may subject you to further liability. 

3. Prohibited Use

Your use of ESAB IP Materials is subject to all applicable local, state, national, and international laws and regulations, and you agree not to violate such laws and regulations.
You agree that you may not, including, but not limited to,:

  • post, reproduce, or transmit ESAB IP Materials to a third-party website, service, application, and/or platform;
  • modify ESAB IP Materials, including, but not limited to, by removing identification, copyright or other proprietary notices from ESAB IP Materials, or by framing, mirroring, or utilizing similar techniques;
  • create derivative works of ESAB IP Materials or any part thereof, except only to the extent that are permitted by applicable law;
  • present or use any ESAB IP Materials in a manner that is misleading, defamatory, libelous, obscene, infringing or otherwise objectionable;
  • present or use any ESAB IP Materials in connection with any material that infringes the trademark, copyright or any other rights of any third party; and
  • allow third parties to violate the above restrictions.

Any attempt to perform any of the restricted actions listed above is a violation of the rights of ESAB. ESAB shall have complete discretion to evaluate your use and to decide whether that use violates any of the restricted actions.

4. Disclaimer of Warranty

USE OF ESAB IP MATERIALS IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL ESAB IP MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” ESAB DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, WARRANTIES OR CONDITIONS AS TO TITLE, WARRANTIES OR CONDITIONS AS TO DESCRIPTION, WARRANTIES OR CONDITIONS AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. 

5. Limitation of Liability

IN NO EVENT WILL ESAB BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OR DAMAGE TO PROGRAM, OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE ANY ESAB IP MATERIALS, EVEN IF ESAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, INCLUDING CAUSES OF ACTION BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

6. Severability

If any term of these IP Terms of Use may be unlawful, void or for any reason unenforceable, then that term shall be deemed severable from these IP Terms of Use and shall not affect the validity and enforceability of any remaining terms.

7. Waiver

No waiver of any term of these IP Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or term under these IP Terms of Use shall not constitute a waiver of such right or term. 

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