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 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).
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.