POSEIDON SE7EN+ - Firmware End User License Agreement

Poseidon SE7EN+ User Manual Chapter 1 Page vi
Firmware End User License Agreement
End User License Agreement
Read the terms of this license agreement (“agreement”) governing the use of the rmware
provided to you by Poseidon Diving Systems AB (“Poseidon”) carefully before using the
rmware or product containing the rmware.
By indicating your acceptance of these terms, you are (1) representing that you are over
the age of 18, (2) representing that you have the right and authority to legally bind
yourself, and (3) consenting to be legally bound by all of the terms of this agreement. If
you do not agree to all these terms or cannot make such representations, do not accept
this agreement, and do not use the rmware or products containing the rmware.
This is an agreement between you, the end user (“Licensee”), and Poseidon (referred to
below as “Licensor”). By clicking to accept the terms of this license or using products
containing the rmware (all titles and versions), data, documentation (including, but not
limited to, dive computer, rebreather, and accessories), you are agreeing to be bound by
the terms of this agreement.
Licence Grant
This license gives you the non-exclusive right, non-transferable and not subject to
sublicensing, to use the rmware in connection with normal use of dive computers,
rebreathers or accessories containing the rmware. The rmware is protected by EU,
U.S., and international copyright laws. You have no ownership rights to the rmware.
You understand and agree that the trademarks, trade names, service marks, copyrights,
and other proprietary rights of the Licensor are and shall remain the sole and exclusive
property of the Licensor, and that you will not hold itself out as having any ownership
IMPORTANT:
By using products containing the rmware (including,
but not limited to, dive computer, rebreather, and
accessories), you are agreeing to be bound by the
terms of the below End User License Agreement.
rights thereto. You further agree that it will make no use of such rights except as provided
in this agreement.
You do not have the right to sell, or to reproduce or distribute for sale, the rmware. You
have no right to modify the rmware or create any derivative work. You may not reverse
engineer, decompile, disassemble, or otherwise access source code or the logical
structure and contents of the rmware.
All rights not specically granted by this agreement are reserved by Licensor.
Disclaimer Of Warranty
Poseidon does not warrant the completeness or accuracy of the rmware, or that its use
will meet your needs or be uninterrupted or error-free. To the maximum extent permitted
by law, except for the warranties set forth above, the rmware is licensed “as is” and
Poseidon disclaims any and all other warranties, express or implied, including, without
limitation, implied warranties of merchantability or tness for a particular purpose.
No Consequential Damages
In no event shall Poseidon be liable for any special, indirect, incidental, or consequential
damages including, but not limited to, loss of revenues or prots even if Poseidon has
been advised of the possibility of such damages. Waiver of liability license voluntarily
releases, discharges, waives, and relinquishes any and all lawsuits, actions, claims, or
causes of action for injuries, death, or damages to his/her person or property, whether
arising from or as a result of any product defect, whether by design, manufacture, or
failure to warn, breach of warranty, or negligent act or omission of the released parties
in connection with the design, materials, assembly, testing, structural integrity,
performance, instructions for operating or warnings for the use of the rmware and/or
the use and operation of the Poseidon product.
Express Assumption Of The Risk
Failure to pay full attention to the operation of your dive equipment, remaining gas
volume and decompression obligations could result in serious injury or death. You
expressly and voluntarily agree to assume any and all risk of injury, death or damage to
my person or property arising from or in conjunction with the use of the rmware and/or
the use or operation of the Poseidon product.