LIGHTWELD APP LICENSE AGREEMENT

Last updated: May 01, 2024

IMPORTANT: THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) IS AN AGREEMENT BETWEEN YOU AND IPG PHOTONICS CORPORATION (“IPG”). YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE LIGHTWELD APP (INCLUDING ANY UPDATES THERETO OR NEW VERSIONS THEREOF, COLLECTIVELY, THE “LIGHTWELD APP”). BY DOWNLOADING OR USING THE LIGHTWELD APP, YOU ARE AGREEING TO BE BOUND BY THIS LICENSE. YOU MUST READ THIS LICENSE CAREFULLY BEFORE USING YOUR LIGHTWELD DEVICE WITH THE LIGHTWELD APP. BY USING THE LIGHTWELD APP, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MAY NOT USE THIS LIGHTWELD APP WITH YOUR LIGHTWELD DEVICE.

IPG RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CHANGE OR MODIFY PORTIONS OF THIS LICENSE AT ANY TIME. IF IPG DOES THIS, IT WILL POST THE CHANGES ON THIS PAGE AND WILL INDICATE AT THE TOP OF THIS PAGE THE DATE THESE TERMS OF SERVICE WERE LAST REVISED. YOU MAY READ A CURRENT, EFFECTIVE COPY OF THESE TERMS OF SERVICE UNDER THE “LEGAL — TERMS OF SERVICE” SECTION OF THE LIGHTWELD APP. WE WILL ALSO NOTIFY YOU OF ANY MATERIAL CHANGES, EITHER THROUGH A POP-UP NOTICE, EMAIL, OR THROUGH OTHER REASONABLE MEANS. YOUR CONTINUED USE OF THE LIGHTWELD APP AFTER THE DATE ANY SUCH CHANGES BECOME EFFECTIVE CONSTITUTES YOUR ACCEPTANCE OF THE NEW LICENSE. YOU SHOULD PERIODICALLY VISIT THIS PAGE TO REVIEW THE CURRENT LICENSE SO YOU ARE AWARE OF ANY REVISIONS. IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS OF SERVICE, YOU MAY NOT USE (OR CONTINUE TO USE) THE LIGHTWELD APP.

YOU MAY ONLY USE THE LIGHTWELD APP WHEN YOU ARE ACTIVELY OPERATING THE LIGHTWELD DEVICE IN CLOSE PROXIMITY TO THE LIGHTWELD DEVICE AND ARE CERTAIN THAT NO ONE ELSE IS OPERATING OR ATTEMPTING TO OPERATE THE LIGHTWELD DEVICE. USING THE LIGHTWELD APP TO CONTROL YOUR LIGHTWELD DEVICE REMOTELY CREATES RISK OF A DANGEROUS SITUATION IF YOU ARE NOT ACTIVELY USING THE LIGHTWELD DEVICE WHLE CONTROLLING IT (FOR EXAMPLE CHANGING THE SETTINGS ON YOUR LIGHTWELD REMOTELY WHEN ANOTHER OPERATOR IS ACTIVELY OPERATING THE LIGHTWELD DEVICE USING MANUAL CONTROLS.) BY USING THE LIGHTWELD APP, YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBSERVING ALL SAFETY AND OTHER INSTRUCTIONS IN THE LICENSE AND THE LIGHTWELD USER GUIDE.

General. (a) The LightWELD App may not be shared. You are responsible for maintaining the confidentiality of, and may not share, your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify IPG of any unauthorized use of your password or account or any other breach of security. (b) The LightWELD App (the “Software”), whether in read only memory, on any other media or in any other form, are licensed, not sold, to you by IPG for use only under the terms of this License. IPG and its licensors retain ownership of the LightWELD App and the Software and reserve all rights not expressly granted to you. You agree that the terms of this License will apply to the LightWELD App including if it may be pre-installed on your LightWELD. (c) IPG, at its discretion, may make available future updates to the LightWELD App and the Software for your LightWELD device (“Updates”). As used in this License, the terms “LightWELD App” and “Software” include Updates thereto. The terms of this License will govern Updates provided by IPG that replace and/or supplement the LightWELD App and the Software.
Permitted License Uses and Restrictions. (a) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the LightWELD App on a single mobile device and the Software on a single LightWELD device. This License does not permit you to use any IPG proprietary interfaces or other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use with the LightWELD device or the use of the LightWELD App on any third party welding device. (b) You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the LightWELD App, Software, documentation, or any services provided by the LightWELD App, Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of open-source components that may be included with the Software). (c) You agree to use the LightWELD App and Software in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the LightWELD App and Software. Features of the Software and the Services may not be available in all languages or regions, some features may vary by region, and some may be restricted or unavailable from your service provider. (d) Use of the LightWELD App requires a unique user name and password combination.
Transfer. You may not rent, lease, lend, sell, redistribute, or sublicense the LightWELD App or Software.
Consent to Use of Data. (a) Diagnostic and Usage Data. If you use the LightWELD App on your mobile device, you agree that IPG may collect, maintain, process and use diagnostic, technical, usage and related information (“Diagnostic and Usage Data”), including but not limited to unique system or hardware identifiers, information about your use of the LightWELD device, Paired Mobile Device, computer, system and application software, and peripherals, to improve IPG’s products and services and provide software updates, product support and other services to you related to the Software, and to verify compliance with the terms of this License. IPG may use this information provided it is collected in a form that does not personally identify you. To enable IPG’s partners, third party developers and content providers to improve their software, hardware, courses, materials, and services designed for use with the LightWELD device, IPG may also provide any such party with a subset of Diagnostic and Usage Data that is relevant to that party’s software, hardware, courses, materials and/or services, as long as the Diagnostic and Usage Data is in a form that does not personally identify you. (b) Privacy Policy. At all times your information will be treated in accordance with IPG’s Privacy Notice, which is incorporated by reference into this License and can be viewed at https://www.ipgphotonics.com/en/privacy.
Open Source Software and Third Party Materials. Portions of the LightWELD App and Software may utilize or include third party software and other copyrighted material (“Third Party Materials”). Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the LightWELD, and your use of such material is governed by their respective terms. Below is a list of disclosures and disclaimers in connection with Third Party Materials incorporated into the LightWELD App and/or Software. This list of Third Party Materials identifies third-party software within the LightWELD App as of a particular date, and may be updated from time to time and may not be complete. IPG MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH REGARD TO THE LIST BELOW OR ITS ACCURACY OR COMPLETENESS, OR WITH RESPECT TO ANY OBLIGATIONS ARISING AS A RESULT OF YOUR MODIFICATION TO SUCH THIRD PARTY MATERIALS BY USING THE LIGHTWELD APP. BY USING THE LIGHTWELD APP, YOU AGREE THAT IN NOT EVENT SHALL IPG BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM ANY MODIFICATIONS MADE BY YOU, OR ANY OBLIGATIONS ARISING THEREFROM, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER DIRECT OR INDIRECT DAMAGES.
Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from IPG if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the LightWELD App. Sections 4, 5, 6, 7, 8, 10, 11, and 12 of this License shall survive any such termination.
Disclaimer of Warranties. 7.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE LIGHTWELD APP AND SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. 7.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND IPG AND IPG’S LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LIGHTWELD APP AND SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. 7.3 IPG DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LIGHTWELD DEVICE AND SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LIGHTWELD APP AND SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LIGHTWELD APP AND SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE LIGHTWELD APP OR SOFTWARE WILL BE CORRECTED, OR THAT THE LIGHTWELD APP OR SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. 7.5 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY IPG OR AN IPG AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL IPG, ITS AGENTS OR PRINCIPALS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LIGHTWELD APP AND SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF IPG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Export Control. You may not use or otherwise export or re-export the LightWELD App or Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
Government End Users. The LightWELD App, Software, and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Controlling Law, Venue, and Severability. You agree that any dispute, claim or controversy arising out of or relating to this License or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability to arbitrate, shall be determined by arbitration in Boston, Massachusetts before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude IPG from seeking temporary or permanent equitable relief (including but not limited to temporary restraining orders or preliminary injunctions) as necessary to avoid or limit irreparable harm before the commencement of arbitration or appointment of an arbitrator, or provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The validity, interpretation and performance of this License shall be governed by the laws of Massachusetts, as if performed wholly within the state and without giving effect to the principles of conflict of laws. You specifically disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods. In any action seeking equitable relief or provisional remedies in aid of arbitration, You hereby irrevocably and unconditionally submit to the exclusive jurisdiction of the federal and state courts located in the Commonwealth of Massachusetts and all courts competent to hear appeals therefrom. In the event that any provision of this License is found to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable, and the remainder will continue in effect, to the extent consistent with the intent of the parties as of the date set forth above.
Complete Agreement; Governing Language. This License constitutes the entire agreement between you and IPG relating to your use of the LightWELD App and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by IPG.
Third-Party Distribution Channels. The LightWELD App may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. This License is between you and IPG only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the LightWELD App, you agree to comply with all applicable terms of any agreement for such third-party products and services.

Apple-Enabled Software: With respect to the LightWELD App made available for your use in connection with an Apple-branded product (the “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this License, the following terms and conditions apply:

IPG and you acknowledge that this License is concluded between IPG and you only, and not with Apple Inc. (“Apple”), and that as between IPG and Apple, IPG, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be IPG’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
IPG and you acknowledge that IPG, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between IPG and Apple, IPG, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to IPG as follows:

[email address]:

[telephone number]:

[mailing address]:

You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement.
IPG and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this License with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this License, Apple will have the right (and will be deemed to have accepted the right) to enforce this License against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

Google-Sourced Software: The following applies to the LightWELD App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that this License is between you and IPG only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) IPG, and not Google, is solely responsible for IPG’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or this License; and (f) you acknowledge and agree that Google is a third-party beneficiary to this License as it relates to IPG’s Google-Sourced Software.