Lincoln Electric IM649 manual License Information, Wave Designer Software License Agreement

ii LICENSE INFORMATION ii

By clicking the acceptance button or installing the software, you are consenting to be bound by and are becoming a party to this agreement. If you do not agree to all of the terms of this agreement, click the button that indicates you do not accept the terms and do not install the software. (If applicable, you may return the product to the place of purchase for a full refund.) If the copy of the software you received was accompanied by a printed or other form of "hard-copy" end user license agreement whose terms vary from this agreement, then the hard-copy end user license agreement governs your use of the software.

WAVE DESIGNER SOFTWARE LICENSE AGREEMENT

LICENSE:

Lincoln grants you the right to use the Wave Designer Software ("the Software"). You will not use, copy, modify, rent, sell or transfer this Software, or any portion thereof, except as provided for in this Agreement. The Software includes and utilizes Java Runtime software owned by Sun Microsystems, Inc. and this license is conditioned upon your agreement to the Sun Microsystems Binary Code License which is attached and made a part of this license. There is no legal or commercial association between Lincoln and Sun Microsystems, Inc.

You may use the Software on a single computer and with any Lincoln arc welding equipment which you own or lease. If the software is installed on a networked computer, only one (1) copy can be used at a time.

RESTRICTIONS: You may not:

1)Use the Software on more than one computer or with non-Lincoln arc welding equipment.

2)Sub-license the Software.

3)Reverse engineer, de-compile, disassemble, modify, or extract archived files from the Software.

4)Copy the Software, except for backup purposes.

5)Sell, license, or patent welding applications, waveforms, or other know how developed with this Software.

NON-DISCLOSURE:

You agree that the Software is and shall remain the property of Lincoln Electric, and that you will hold the Software in confidence for Lincoln. You agree to make reasonable efforts to prevent unauthorized use of the Software, and to prevent disclosure to third parties.

ROYALTY-FREE:

Provided you have paid the initial license fee, you will be under no obligation to pay Lincoln a royalty for the use of the Software when used as permitted under this license.

WARRANTY:

Lincoln warrants to the original purchaser that the Software will perform substantially as described in the Software documentation for a period of 90 days from the date of purchase. Lincoln's liability under this warranty shall not exceed the amount you paid for the Software. No warranty is made by Lincoln that the Software is free of errors or limitations. No warranty is made by Lincoln with respect to the Java Runtime software.

THE ABOVE WARRANTIES ARE THE ONLY WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LINCOLN SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, NOR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHICH RELATE TO USE OF THE SOFTWARE. SELECTION AND APPLICATION OF THE SOFTWARE IS YOUR SOLE RESPONSIBILITY AND NO WARRANTY IS GIVEN WITH REGARD TO WELDING CHARACTERISTICS DESIGNED USING THIS SOFTWARE OR THE SUITABILITY OF WELDS PRODUCED USING SUCH CHARACTERISTICS.

TRANSFER:

You may transfer the Software, subject to this license, to another party if the receiving party also purchases from you the Invertec Power Wave power source with which this Software is used. Prior to any such transfer, the transferee must agree to the terms of this license and you must notify Lincoln, in writing, of the name and address of the party to whom the Software has been transferred. You must retain no copies of the Software and accompanying documentation. Transfer of the license terminates your right to use the Software. This Software may not be exported except as permitted by the export laws of the United States.

IMPROVEMENTS:

From time-to-time, Lincoln may make improvements in the Software. You agree that there is no obligation on the part of Lincoln to provide you with or notify you of any improvements. Such improvements may be purchased by you from Lincoln under the terms of a separate License Agreement or Maintenance Agreement for that Software. Additional charges for installing and trouble-shooting may apply.

POST-TERMINATION OBLIGATIONS:

If this Agreement is terminated, you must stop using the Software and, except in the case of transfer, destroy all copies. Your confidentiality obligation shall survive termination and remain in effect for a period of five years following termination.

APPLICABLE LAW:

This License Agreement shall be interpreted and construed in accordance with the laws of the State of Ohio, and any litigation brought under this License Agreement shall be filed in the State or Federal Courts in the State of Ohio. The United Nations Convention for the International Sales of Goods is expressly excluded. Any claim arising out of this License Agreement will first be submitted for resolution by arbitration.

TERM AND TERMINATION:

This Agreement shall remain in effect for so long as the Wave Designer Software is in use as permitted under this license. The license may be terminated by you at any time by removing and returning to Lincoln all copies of the Software.

WAVE DESIGNER