{"id":2015,"date":"2026-03-02T16:40:58","date_gmt":"2026-03-02T21:40:58","guid":{"rendered":"https:\/\/dev26.lecowebtest.com\/?page_id=2015"},"modified":"2026-05-28T15:46:25","modified_gmt":"2026-05-28T19:46:25","slug":"software-agreement","status":"publish","type":"page","link":"https:\/\/dev26.lecowebtest.com\/fr\/legal\/software-agreement\/","title":{"rendered":"LECO Software License Agreement"},"content":{"rendered":"\n

LECO Software License Agreement<\/h1>\n\n\n
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Updated 19 April 2017 | Download this agreement<\/a> [pdf]<\/p>\n<\/div>\n\n\n\n

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This is a binding license agreement (\u201cAgreement\u201d or \u201cSoftware License\u201d) between Licensee (as defined below) and LECO Corporation (\u201cLECO\u201d) of 3000 Lakeview Avenue, St. Joseph, Michigan 49085-2396, owner of the Licensed Software. This Software License specifies the conditions under which Licensee may access, use and install the Licensed Software.<\/p>\n\n\n\n

LECO provides the software solely on the terms and conditions set forth in this agreement and on the condition that licensee accepts and complies with them. By checking the \u201cAccept\u201d box on the setup dialogue, or installing the software, you (a) have read this agreement, accept the agreement and agree that licensee is legally bound by its terms; (b) represent and warrant thar: (i) you have the right, power and authority to enter into the agreement on behalf of licensee and bind licensee to its terms; (c) you agree that this is the complete and exclusive statement of the software license between the parties, which supersedes and merges all prior proposals, understandings and other agreements oral and written relating to the subject matter of this software license. If licensee does not agree to the terms of this agreement, LECO will not and does not license the software license and the terms of any purchase orders submitted by licensee, the terms of this software license shall control.<\/p>\n\n\n\n

Notwithstanding anything to the contrary in this acceptance of the terms and conditions of this agreement, no license is granted (whether expressly, by implication or otherwise) under this agreement, and this agreement expressly excludes any right, concerning any software that licensee did not acquire lawfully or that is not a legitimate, authorized copy of LECO\u2019s software.<\/p>\n<\/div>\n\n\n\n

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I. Definitions<\/h2>\n\n\n\n

\u201cAccess Device\u201d means a device leased by LECO to Licensee that allows Licensee to access the Licensed Software.<\/p>\n\n\n\n

\u201cAuthorized User\u201d means an employee of Licensee and any other Third Party authorized by LECO in writing.<\/p>\n\n\n\n

\u201cDocumentation\u201d means user manuals, technical manuals and any other materials provided by LECO, in printed, electronic or other form, that describe the installation, operation, use or technical specifications of the Licensed Software.<\/p>\n\n\n\n

\u201cIntellectual Property Rights\u201d means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection or other intellectual property rights laws, and all similar or equivalent rights or forms of
protection, in any part of the world.<\/p>\n\n\n\n

\u201cLECO Hardware\u201d shall mean hardware acquired from LECO.<\/p>\n\n\n\n

\u201cLicensed Materials\u201d shall mean the Access Device, the LECO Software and the Documentation.<\/p>\n\n\n\n

\u201cLicensed Software\u201d shall mean the software supplied with this Software License, which is software that is owned or licensable by LECO, and developed and distributed by LECO, which may be installed on LECO Hardware or provided in a standalone format.<\/p>\n\n\n\n

\u201cLicensee\u201d shall mean the party who acquired the Licensed Software from LECO; Licensee shall include any of the Licensee\u2019s divisions and departments within Licensee\u2019s organization, but shall not include wholly or partially owned subsidiaries, affiliates, successors or assigns, or independent third parties.<\/p>\n\n\n\n

\u201cTerm\u201d has the meaning set forth in Section IX. <\/p>\n\n\n\n

\u201cThird Party\u201d means any Person other than Licensee or LECO.<\/p>\n<\/div>\n<\/div>\n\n\n\n

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II. License Grant<\/h2>\n\n\n\n

Subject to and conditioned upon Licensee\u2019s strict compliance with all terms and conditions set forth in this Agreement, LECO hereby grants to Licensee, and Licensee hereby accepts, a non-exclusive, non-transferable and non-sublicensable, limited license, during the Term, solely by and through its Authorized Users, to use the Licensed Materials as set forth in this Software License and only in connection with information obtained on LECO Hardware, provided that Licensee is in rightful possession of, and utilizes an Access Device, in connection with the Licensed Software. This license grants Licensee the right, exercisable solely by and through Licensee\u2019s Authorized Users, to:<\/p>\n\n\n\n

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  1. Install, in accordance with the Documentation, one (1) copy of the Licensed Software on one (1) computer owned or leased, and solely controlled by, Licensee and its Authorized Users. Licensee may make one copy of the Licensed Software and the Documentation solely for archival purposes and provided that Licensee shall not, and shall not allow any Third Party to, install or use any such copy. All copies of the Licensed Software and Documentation made by the Licensee: \n
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    1. will be the exclusive property of LECO; <\/li>\n\n\n\n
    2. will be subject to the terms and conditions of this Agreement; and <\/li>\n\n\n\n
    3. must include all trademark, copyright, patent and other Intellectual Property Rights notices contained in the original.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
    4. Use and run the Licensed Software as properly installed in accordance with this Agreement and the Documentation, solely as set forth in the Documentation. Such use is permitted only on the computer on which the Licensed Software is installed and combined with an Access Device, at the physical location thereof and not via any remote access or other network.<\/li>\n<\/ol>\n<\/div>\n<\/div>\n\n\n\n
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      III. Use Restrictions<\/h2>\n\n\n\n

      In accepting the license granted by LECO, Licensee agrees that it shall not, and shall require its Authorized Users not to, directly or indirectly:<\/p>\n\n\n\n

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      1. use (including make any copies of) the Licensed Materials beyond the scope of the license granted under Section II;<\/li>\n\n\n\n
      2. provide any other Third Party, including any subcontractor, independent contractor, affiliate or service provider of Licensee, with access to or use of the Licensed Materials;<\/li>\n\n\n\n
      3. modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Licensed Materials or any part thereof;<\/li>\n\n\n\n
      4. combine the Licensed Materials or any part thereof with, or incorporate the Licensed Software or any part thereof in, any other programs;<\/li>\n\n\n\n
      5. reverse engineer, disassemble, decompile, decode or otherwise attempt to derive the Licensed Materials or gain access to the source code of the Licensed Software or any part thereof;<\/li>\n\n\n\n
      6. remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices provided on or with the Licensed Materials, including any copy thereof;<\/li>\n\n\n\n
      7. except as expressly set forth in Section II, copy the Licensed Materials, in whole or in part;<\/li>\n\n\n\n
      8. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Licensed Materials, or any features or functionality of the Licensed Software, to any Third Party for any reason, whether or not over a network or on a hosted basis, including in connection with the internet or any web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud or other technology or service;<\/li>\n\n\n\n
      9. use the Licensed Materials in, or in association with, the design, construction, maintenance or operation of any hazardous environments or systems, including: \n
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        1. power generation systems;<\/li>\n\n\n\n
        2. aircraft navigations or communication systems, air traffic control systems or any other transport management systems;<\/li>\n\n\n\n
        3. safety critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; and<\/li>\n\n\n\n
        4. military or aerospace applications, weapons systems or environments.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
        5. use the Licensed Materials in violation of any law, regulation or rule;<\/li>\n\n\n\n
        6. use the Licensed Materials for purposes of competitive analysis of the Licensed Software, the development of a competing software product or service or any other purpose that is to LECO\u2019s commercial disadvantage;<\/li>\n\n\n\n
        7. attempt to defeat, or defeat, the copy-protection mechanism; or<\/li>\n\n\n\n
        8. attempt to access, or access, features not purchased.<\/li>\n<\/ol>\n<\/div>\n<\/div>\n\n\n\n
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          IV. Responsibility for Use of Licensed Software and Third Party Software<\/h2>\n\n\n\n

          Licensee is responsible and liable for all uses of the Licensed Materials through access thereto provided by Licensee, directly or indirectly. Specifically, and without limiting the generality of the foregoing, Licensee is responsible and liable for all actions and failures to take required actions with respect to the Licensed Materials by its Authorized Users or by any other Third Party to whom Licensee or an Authorized User may provide access to or use of the Licensed Materials, whether such access or use is permitted by or in violation of this Agreement.<\/p>\n\n\n\n

          Licensee acknowledges and understands that the Licensed Materials and any Licensed Hardware may contain third party software applications (\u201cThird Party Software\u201d) that are owned or licensed by one or more third parties (\u201cThird Party Provider\u201d) and that the use of such Third Party Software on such Licensed Hardware, in connection with the Licensed Materials, or otherwise may be governed by, and subject to, such Third Party Provider\u2019s end user license agreements or the equivalent (\u201cThird Party End User Agreements\u201d). For example, the following list is a non-exhaustive list of Third Party Software and Third Party Providers that may be included with the Licensed Hardware and\/or the Licensed Materials and for which this section applies:<\/p>\n\n\n\n

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          • Microsoft (DotNet, Windows OS, DirectX)<\/li>\n\n\n\n
          • Agilent Technologies, Inc. (Agilent)<\/li>\n\n\n\n
          • Future Technology Devices International Limited (FTDI 485 Driver)<\/li>\n\n\n\n
          • Pfeiffer Vacuum GmbH (PV Turboviewer)<\/li>\n\n\n\n
          • Safenet, Inc. (Sentinel Software)<\/li>\n\n\n\n
          • Adobe (Reader)<\/li>\n\n\n\n
          • HP (PC, PC Customer Support)<\/li>\n\n\n\n
          • Mathworks, Inc. (Matlab Compiler Runtime)<\/li>\n\n\n\n
          • National Institute of Standards and Technology (NIST Database)\n
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            • It is being understood that NIST makes no express or implied warranty as to any matter, include no warranty or merchantability and no warranty of fitness for a particular purpose. The Mass Spectral Library is expressly made available on an \u201cas is\u201d basis.<\/li>\n<\/ul>\n<\/li>\n\n\n\n
            • Any other Third Party Provider and Third Party Software.<\/li>\n<\/ul>\n\n\n\n

              Licensee agrees that by using the Licensed Materials or the Licensed Hardware, and only to the extent allowed under each Third Party End User Agreement:<\/p>\n\n\n\n

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              1. While LECO and Licensee expressly maintain an independent contractor arrangement; notwithstanding that arrangement, LECO acted on its behalf and accepted the terms of certain Third Party End User Agreements for Licensee with each such Third Party, and that Licensee (not LECO) is the direct contracting party under such applicable Third Party End User Agreement such that Licensee is responsible for complying with such Third Party End User Agreement;<\/li>\n\n\n\n
              2. To the extent that part (a) is ineffective or deemed ineffective, LECO does hereby convey, assign, and fully transfer all rights in such Third Party Software to Licensee and Licensee expressly agrees to all of the terms and conditions of any relevant Third Party End User Agreement; and<\/li>\n\n\n\n
              3. To the extent that part (a) and part (b) is ineffective, Licensee agrees that it will seek rights sufficient from any such Third Party Provider for its use of the Third Party Software and will cease use of such Third Party Software until it obtains sufficient rights in same.<\/li>\n<\/ol>\n<\/div>\n<\/div>\n\n\n\n
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                V. Compliance Measures<\/h2>\n\n\n\n

                The Licensed Materials may contain technological copy and access protection or other security features designed to prevent unauthorized use thereof, including features to protect against any use that is prohibited under Section III. Licensee shall not, and shall not attempt to, remove, disable, circumvent or otherwise create or implement any workaround to, any such copy protection or security features.<\/p>\n\n\n\n

                On LECO\u2019s written request, Licensee shall conduct a review of its and its Authorized Users use the Licensed Materials and certify to LECO in a written instrument signed by an officer of Licensee that it is in full compliance with this Agreement or, if Licensee discovers any noncompliance: (a) Licensee shall immediately remedy such noncompliance and provide LECO with written notice thereof. Licensee shall provide
                LECO with all access and assistance as LECO requests to further evaluate and
                remedy such noncompliance.<\/p>\n<\/div>\n<\/div>\n\n\n\n

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                VI. Enhancements and Support<\/h2>\n\n\n\n

                LECO may, without incurring any obligation, make available to Licensee updates and enhancements to the Licensed Software, which Licensee may accept at the time it is offered to Licensee by paying any applicable update fee. LECO shall have the sole discretion to determine the update fee. Use of all such updates and enhancements by Licensee shall be subject to the terms and conditions of this Software License unless supplemented or replaced by a subsequent license. In addition LECO may require Licensee to install updates by providing prior written notice to Licensee.<\/p>\n<\/div>\n<\/div>\n\n\n\n

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                VII. Collection and Use for Information<\/h2>\n\n\n\n
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                1. Licensee acknowledges that LECO may, directly or indirectly through the services of Third Parties, collect and store information regarding use of the Licensed Software and about equipment on which the Licensed Software is installed or through which it otherwise is accessed and used, through \n
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                  1. the provision of maintenance and support services; and <\/li>\n\n\n\n
                  2. security measures included in the Licensed Software.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                  3. Licensee agrees that the LECO may use such information for any purpose related to any use of the Software by Licensee or on Licensee\u2019s equipment, including but not limited to:\n
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                    1. improving the performance of the Licensed Software or developing updates; and <\/li>\n\n\n\n
                    2. verifying Licensee\u2019s compliance with the terms of this Agreement and enforcing LECO\u2019s rights, including all Intellectual Property Rights in and to the Licensed Software.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/div>\n<\/div>\n\n\n\n
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                      VIII. Intellectual Property Rights<\/h2>\n\n\n\n

                      Licensee acknowledges and agrees that the Licensed Materials are provided under license, and not sold, to Licensee. Licensee does not acquire any ownership interest in the Licensed Materials under this Agreement or any other rights thereto other than to use the same in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. LECO reserves and shall retain its entire right, title and interest in and to the Licensed Materials and all Intellectual Property Rights arising out of or relating to the Licensed Materials, except as expressly granted to the Licensee in this Agreement. Licensee shall safeguard all Licensed Materials (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorized access. Licensee shall promptly notify LECO if Licensee becomes aware of any infringement of LECO\u2019s Intellectual Property Rights in the Licensed Materials and fully cooperate with LECO in any legal action taken by LECO to enforce its Intellectual Property Rights.<\/p>\n<\/div>\n<\/div>\n\n\n\n

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                      IX. Termination of Software License<\/h2>\n\n\n\n

                      This Agreement and the license granted hereunder shall remain in effect until terminated as set forth herein (the \u201cTerm\u201d).<\/p>\n\n\n\n

                      Licensee may terminate this Agreement by ceasing to use and destroying all copies of the Licensed Software and Documentation and returning the Access Device to LECO.<\/p>\n\n\n\n

                      LECO may terminate this Agreement, effective upon written notice to Licensee, if Licensee breaches this Agreement and such breach: (i) is incapable of cure; or (ii) being capable of cure, remains uncured ten (10) days after LECO provides written notice thereof.<\/p>\n\n\n\n

                      LECO may terminate this Agreement, effective immediately, if Licensee files, or has filed against it, a petition for voluntary or involuntary bankruptcy or pursuant to any other insolvency law, makes or seeks to make a general assignment for the benefit of its creditors or applies for, or consents to, the appointment of a trustee, receiver or custodian for a substantial part of its property.<\/p>\n\n\n\n

                      Upon expiration or earlier termination of this Agreement, the license granted hereunder shall also terminate, and Licensee shall cease using and destroy all copies of the Licensed Materials and return the Access Device to LECO.<\/p>\n<\/div>\n<\/div>\n\n\n\n

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                      X. Limited Warranty<\/h2>\n\n\n\n

                      Solely with respect to the physical media on which the Licensed Materials are delivered, LECO warrants the same to be free of defects in materials and workmanship for a period of ninety (90) days from the date of delivery. In the event of notification within the warranty period of defects in material or workmanship, LECO will replace the defective media or documentation.<\/p>\n\n\n\n

                      EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN IN THIS SECTION, THE LICENSED MATERIALS ARE PROVIDED TO LICENSEE \u201cAS IS\u201d AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LECO, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE LICENSED MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT
                      LIMITATION TO THE FOREGOING, LECO PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE LICENSED MATERIALS WILL MEET THE LICENSEE\u2019S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.<\/p>\n<\/div>\n<\/div>\n\n\n\n

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                      XI. Limitation of Liability<\/h2>\n\n\n\n

                      TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:<\/p>\n\n\n\n

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                      1. IN NO EVENT WILL LECO OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE LICENSED MATERIALS, LOST REVENUES OR PROFITS, DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE LICENSEE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.<\/li>\n\n\n\n
                      2. IN NO EVENT WILL LECO AND ITS AFFILIATES\u2019, INCLUDING ANY OF ITS OR THEIR RESPECTIVE LICENSORS\u2019 AND SERVICE PROVIDERS\u2019, COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO LECO PURSUANT TO THIS AGREEMENT FOR THE LICENSED MATERIAL THAT IS THE SUBJECT OF THE CLAIM.<\/li>\n\n\n\n
                      3. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF THE LICENSEE\u2019S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.<\/li>\n<\/ol>\n<\/div>\n<\/div>\n\n\n\n
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                        XII. Export Regulation<\/h2>\n\n\n\n

                        The Licensed Materials may be subject to US export control laws, including the US Export Administration Act and its associated regulations. The Licensee shall not, directly or indirectly, export, re-export or release the Licensed Materials to, or make the Licensed Materials accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. The Licensee shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Licensed Materials available outside the US.<\/p>\n<\/div>\n<\/div>\n\n\n\n

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                        XIII. US Government Rights<\/h2>\n\n\n\n

                        The Licensed Materials are commercial computer software, as such term is defined in 48 C.F.R. \u00a72.101. Accordingly, if the Licensee is the US Government or any contractor therefor, Licensee shall receive only those rights with respect to the Licensed Materials as are granted to all other end users under license, in accordance with (a) 48 C.F.R. \u00a7227.7201 through 48 C.F.R. \u00a7227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. \u00a712.212, with respect to all other US Government licensees and their contractors.<\/p>\n<\/div>\n<\/div>\n\n\n\n

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                        XIV. Confidentiality<\/h2>\n\n\n\n

                        All information and materials regarding the software, provided to Licensee by LECO which are not generally known in the trade are confidential, are proprietary, and such information and materials are furnished solely for the use of Licensee under this Software License. Licensee agrees not to use or disclose any such information or material otherwise without prior written consent from LECO and Licensee further agrees to take all reasonable steps requested by LECO, or otherwise necessary to protect the confidentiality of all such information and materials. The foregoing obligations will survive termination of this Software License, and Licensee agrees to return all such information and materials to LECO upon request or any non-renewal or termination of this Software License.<\/p>\n<\/div>\n<\/div>\n\n\n\n

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                        XIV. Miscellaneous<\/h2>\n\n\n\n
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                        1. This Software License shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, provided that Licensee shall not have any right to assign its rights or obligations under this Software License (whether by operation of law or otherwise) without the prior written consent of LECO.<\/li>\n\n\n\n
                        2. All notices hereunder shall be in writing and shall be sent by registered or certified mail postage prepaid to LECO at the addresses first written above. The date of postmark shall be deemed the date on which such notice is given.<\/li>\n\n\n\n
                        3. No delay on the part of LECO in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.<\/li>\n\n\n\n
                        4. No amendment, modification or waiver of, or any consent with respect to, any provision of this Software License shall be effective unless the same shall be in writing and signed and delivered by each of the parties hereto, and then such amendment, modification, waiver or consent shall be effective only in the specific instance and for the purpose for which given.<\/li>\n\n\n\n
                        5. This Software License shall be construed in accordance with and governed by the internal laws of the State of Michigan. Wherever possible, each provision of this Software License shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Software License shall be prohibited by or invalid under such law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Software License.<\/li>\n\n\n\n
                        6. Licensee agrees that it is responsible for obtaining proper authorization and complying with any export, re-export, or import laws or regulations and that may apply if Licensee exports, re-exports, or imports the Licensed Software, technology or technical data licensed hereunder.<\/li>\n\n\n\n
                        7. LECO will not be responsible or liable to Licensee, or deemed in default or breach hereunder by reason of any failure or delay in the performance of its obligations hereunder where such failure or delay is due to strikes, labor disputes, civil disturbances, riot, rebellion, invasion, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or non-availability of electrical power, heat, light, air conditioning or Licensee equipment, loss and destruction of property or any other circumstances or causes beyond LECO\u2019s reasonable control.<\/li>\n\n\n\n
                        8. This Agreement constitutes the sole and entire agreement between Licensee and LECO with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.

                          Licensee shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under this Agreement, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without LECO\u2019s prior written consent, which consent LECO may give or withhold in its sole discretion. For purposes of the preceding sentence, and without limiting its generality, any merger, consolidation or reorganization involving Licensee (regardless of whether Licensee is a surviving or disappearing entity) will be deemed to be a transfer of rights, obligations or performance under this Agreement for which LECO\u2019s prior written consent is required. No delegation or other transfer will relieve Licensee of any of its obligations or performance under this Agreement.

                          Any purported assignment, delegation or transfer in violation of this Section is void.

                          LECO may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement without Licensee\u2019s consent. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.<\/li>\n\n\n\n
                        9. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other Person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

                          This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.<\/li>\n\n\n\n
                        10. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.<\/li>\n\n\n\n
                        11. The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.<\/li>\n<\/ol>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n
                          <\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

                          Updated 19 April 2017 | Download this agreement [pdf] This is a binding license agreement (\u201cAgreement\u201d or \u201cSoftware License\u201d) between Licensee (as defined below) and LECO Corporation (\u201cLECO\u201d) of 3000 Lakeview Avenue, St. Joseph, Michigan 49085-2396, owner of the Licensed Software. This Software License specifies the conditions under which Licensee may access, use and install […]<\/p>\n","protected":false},"author":1,"featured_media":5426,"parent":3166,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-2015","page","type-page","status-publish","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/dev26.lecowebtest.com\/fr\/wp-json\/wp\/v2\/pages\/2015","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/dev26.lecowebtest.com\/fr\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/dev26.lecowebtest.com\/fr\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/dev26.lecowebtest.com\/fr\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dev26.lecowebtest.com\/fr\/wp-json\/wp\/v2\/comments?post=2015"}],"version-history":[{"count":0,"href":"https:\/\/dev26.lecowebtest.com\/fr\/wp-json\/wp\/v2\/pages\/2015\/revisions"}],"up":[{"embeddable":true,"href":"https:\/\/dev26.lecowebtest.com\/fr\/wp-json\/wp\/v2\/pages\/3166"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/dev26.lecowebtest.com\/fr\/wp-json\/wp\/v2\/media\/5426"}],"wp:attachment":[{"href":"https:\/\/dev26.lecowebtest.com\/fr\/wp-json\/wp\/v2\/media?parent=2015"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}