User Agreement and Warranty
Contents
1. LIQUIVISION DISCLAIMS ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW 9 Exclusions and Limitations 9 1 EXCLUSIONS NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT AND EXCEPT FOR THE LIMITED WARRANTY CLAIM REMEDIES EXPRESSLY SET FORTH IN PARAGRAPH 5 3 ABOVE IN NO EVENT WILL LIQUIVISION BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT INDIRECT INCIDENTAL CONSEQUENTIAL SPECIAL PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM CONNECTED WITH OR RELATING TO THE XEO THE USE OF THE XEO THIS AGREEMENT THE SUBJECT MATTER OF THIS AGREEMENT OR OTHERWISE OR FOR LOSS OF DATA INFORMATION BUSINESS MARKETS SAVINGS INCOME PROFITS USE PRODUCTION OR GOODWILL ANTICIPATED OR OTHERWISE OR ECONOMIC LOSS 9 2 No LIABILITY FOR INJURY OR DEATH YOU AGREE THAT YOU UNDERSTAND AND ACCEPT ALL RISKS ASSOCIATED WITH DIVING AND THAT LIQUIVISION IS NOT LIABLE TO YOU OR ANY OTHER PERSON INCLUDING YOUR HEIRS EXECUTORS OR PERSONAL REPRESENTATIVES FOR ANY LOSS DAMAGE COST EXPENSE OR CLAIM ARISING OUT OF CAUSED BY OR RELATING TO YOUR PERSONAL INJURY OR DEATH WHILE DIVING EVEN IF YOUR PERSONAL INJURY OR DEATH IS CAUSED IN WHOLE OR IN PART AND DIRECTLY OR INDIRECTLY BY THE XEO OR YOUR USE OF THE XEO AND REGARDLESS OF WHETHER OR NOT THE XEO FUNCTIONED PROPERLY OR WAS DEFECTIVE IN ANY WAY YOU HEREBY IRREVOCABLY WAIVE AND RELEASE LIQUIVISION FROM ANY LIABILITY OR OBLIGATION TO YOU OR YOUR HEIRS EXECUTORS OR PER2. Liquivision Xeo and Enlightened PC Interface User Agreement and Warranty gt IMPORTANT NOTICE THIS LIQUIVISION XEO USER AGREEMENT AND WARRANTY THIS AGREEMENT IS AN AGREEMENT BETWEEN YOU AND LIQUIVISION PRODUCTS INC LIQUIVISION YOUR USE OF THE LIQUIVISION XEO DIVE COMPUTER INCLUDING SOFTWARE AND THE OPTIONAL ENLIGHTENED PC INTERFACE TOGETHER THE XEO IS SUBJECT TO THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT THIS AGREEMENT ALSO SETS OUT LIQUIVISION S WARRANTY OF THE XEO EXCLUSIONS LIMITATIONS OF LIQUIVISION S LIABILITY TO YOU PROVISIONS GOVERNING THE RESOLUTION OF DISPUTES AND OTHER IMPORTANT PROVISIONS IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT YOU MUST NOT USE THE XEO AND YOU MAY RETURN THE XEO TO LIQUIVISION OR THE AUTHORIZED LIQUIVISION DEALER FROM WHICH YOU PURCHASED THE XEO FOR A FULL REFUND WITHIN 30 DAYS AFTER YOUR DATE OF PURCHASE IF YOU USE THE XEO YOU ARE DEEMED TO HAVE AGREED TO THIS AGREEMENT INCORRECT USE OF THE XEO OR ITS ACCESSORIES WILL INVALIDATE YOUR WARRANTY AND CAN CAUSE PERMANENT DAMAGE TO THE XEO OR ITS ACCESSORIES 1 Important Warning THE XEO IS NOT INTENDED TO BE USED AS A PRIMARY DECOMPRESSION PLANNING TOOL OR A DEFINITIVE SOURCE OF DECOMPRESSION INFORMATION THE XEO IS INTENDED TO BE ONLY A SECONDARY SOURCE OF DECOMPRESSION INFORMATION TO BE USED IN CONJUNCTION WITH OTHER DECOMPRESSION PLANNING TOOLS THE XEO CAN STOP FUNCTIONING OR PROVIDE INACCURA
3. NSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE TO THE XEO DIVE COMPUTER ARISING FROM OR IN CONNECTION WITH A FLOODED BATTERY COMPARTMENT WHETHER OR NOT THE BATTERY HAS BEEN REPLACED e RE CHARGING A NON CHARGEABLE BATTERY OR SHORTING OUT THE BATTERY CAN CAUSE A FIRE OR EXPLOSION LIQUIVISION WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE RECHARGING OR SHORTING OUT OF THE BATTERY 7 Transfer of Your Xeo You may sell give rent or lend your Xeo to another person provided that you give that person this Agreement at the same time and they agree to this Agreement You will not sell give rent or lend your Xeo or otherwise permit any person to use your Xeo unless that person has agreed to this Agreement If you purchased your Xeo from a Dealer you must also give that person proof of your date of purchase of your Xeo without which they will not be entitled to submit a claim under the Warranty 8 No Other Representations Warranties Conditions or Guarantees TO THE MAXIMUM EXTENT PERMITTED BY LAW THE LIMITED WARRANTY PROVIDED UNDER SECTION 5 ABOVE ARE YOUR SOLE AND EXCLUSIVE RIGHTS AND REMEDIES AND LIQUIVISION S SOLE AND EXCLUSIVE LIABILITIES AND OBLIGATIONS TO YOU IN CONNECTION WITH YOUR PURCHASE AND USE OF THE XEO AND ARE IN LIEU OF EVERY AND ALL OTHER REPRESENTATIONS WARRANTIES CONDITIONS AND GUARANTEES OF ANY NATURE OR KIND WHATSOEVER WHETHER EXPRESS IMPLIED OR STATUTORY OR ARISING FROM CU
4. SONAL REPRESENTATIVES FOR ANY LOSS DAMAGE COST EXPENSE OR CLAIM ARISING OUT OF CAUSED BY OR RELATING TO YOUR PERSONAL INJURY OR DEATH WHILE DIVING EVEN IF YOUR PERSONAL INJURY OR DEATH IS CAUSED IN WHOLE OR IN PART AND DIRECTLY OR INDIRECTLY BY THE XEO OR YOUR USE OF THE XEO AND REGARDLESS OF WHETHER OR NOT THE XEO FUNCTIONED PROPERLY OR WAS DEFECTIVE IN ANY WAY 9 3 No LIABILITY FOR DECOMPRESSION SICKNESS OR DEATH WITHOUT LIMITING THE GENERALITY OF THE FOREGOING YOU AGREE THAT YOU UNDERSTAND AND ACCEPT THAT THE XEO SIMULATES THE ABSORPTION OF NITROGEN INTO THE BODY BY USING A MATHEMATICAL MODEL ONLY AND DOES NOT GUARANTEE THAT YOU WILL NOT SUFFER DECOMPRESSION SICKNESS OR DEATH AND THAT LIQUIVISION IS NOT LIABLE TO YOU OR ANY OTHER PERSON INCLUDING YOUR HEIRS EXECUTORS OR PERSONAL REPRESENTATIVES IF YOU SUFFER DECOMPRESSION SICKNESS OR DEATH 9 4 LIMITATION OF LIABILITY IF NOTWITHSTANDING SECTION 8 OR THE OTHER PARAGRAPHS OF THIS SECTION 9 LIQUIVISION HAS ANY LIABILITY TO YOU OR ANY OTHER PERSON IN RESPECT OF ANY MATTER REFERRED TO IN THOSE SECTIONS OR ANY OTHER MATTER LIQUIVISION S TOTAL CUMULATIVE LIABILITY TO YOU YOUR HEIRS EXECUTORS AND PERSONAL REPRESENTATIVES AND TO ANY OTHER PERSON ARISING FROM CONNECTED WITH OR RELATING TO THIS AGREEMENT THE XEO YOUR USE OF THE XEO OR OTHERWISE FROM ANY AND ALL CAUSE OR CAUSES WILL NOT IN THE AGGREGATE EXCEED THE PURCHASE PRICE THAT YOU PAID FOR THE XEO AND YOU HEREBY RELEASE LIQ
5. STOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE INCLUDING ANY REPRESENTATIONS WARRANTIES CONDITIONS OR GUARANTEES OF OR RELATING TO ACCURACY CAPACITY COMPLETENESS DELAYS DURABILITY ERRORS FITNESS FOR A PARTICULAR PURPOSE LACK OF NEGLIGENCE VIRUSES OR OTHER HARMFUL COMPONENT ERRORS OR INTERRUPTED SERVICE MERCHANTABILITY NON INFRINGEMENT PERFORMANCE RESULTS SUITABILITY QUALITY TIMELINESS TITLE SIMILARITY OR WORKMANLIKE EFFORT ALL OF WHICH ARE HEREBY DISCLAIMED BY LIQUIVISION TO THE FULLEST EXTENT PERMITTED BY LAW WITHOUT LIMITING THE GENERALITY OF THE FOREGOING LIQUIVISION MAKES NO REPRESENTATION WARRANTY CONDITION OR GUARANTEE THAT A THE XEO WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED B DATA PROCESSED BY THE XEO WILL BE ACCURATE COMPLETE SEQUENTIAL OR TIMELY C CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE XEO D THE USE OF THE XEO WILL BE FREE OF ERRORS VIRUSES TROJAN HORSES WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS 2A VANO1 2953024 v1 User Agreement and Warranty v 2 0 Copyright 2012 Liquivision Products E THE USE OF THE XEO WILL NOT INFRINGE THE RIGHTS INCLUDING INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR F YOUR XEO WILL RESEMBLE OR OPERATE IN AN IDENTICAL FASHION TO ANY OTHER XEO INCLUDING WITH RESPECT TO DISPLAY BRIGHTNESS TAP SENSITIVITY BATTERY LIFE OR COLOUR AND
6. TE INFORMATION WITHOUT WARNING DUE TO VARIOUS FACTORS INCLUDING DEFECTS OR SOFTWARE BUGS YOU MUST ALWAYS HAVE A PLAN TO HANDLE A XEO FAILURE DURING YOUR DIVE DO NOT RISK YOUR LIFE ON ONLY ONE SOURCE OF INFORMATION YOU SHOULD ALWAYS CHECK FOR SOFTWARE UPDATES www liquivision com downloads XeoS oftware History php AND INSTALL ALL APPLICABLE UPDATES EVERY TIME YOU PREPARE TO USE THE XEO THE DECOMPRESSION SOFTWARE INCLUDED WITH THE XEO IS BASED UPON THE BUHLMANN DECOMPRESSION ALGORITHM WITH OPTIONAL GRADIENT FACTORS YOU MUST READ THE XEO USER MANUAL AND FULLY UNDERSTAND THE BUHLMANN DECOMPRESSION ALGORITHM AND GRADIENT FACTORS BEFORE YOU SET UP YOUR XEO OR USE IT FOR THE FIRST TIME USE OF THE XEO DOES NOT GUARANTEE THAT YOU WILL NOT SUFFER DECOMPRESSION SICKNESS OR DEATH NEVER ATTEMPT TO PLAN OR UNDERGO A DECOMPRESSION DIVE WITHOUT PROPER TRAINING 2 Your Risks and Responsibilities Scuba diving free diving and any other form of underwater diving all of which are referred to in this Agreement as diving are inherently dangerous and risky activities Even with the best training planning and equipment participants may be injured or may die If you choose to participate in diving you accept the risk of injury or death and the responsibility to take all necessary steps to reduce those risks Without limiting the foregoing it is your sole responsibility to e obtain appropriate training e obtain maintain and conduct appro
7. UIVISION FROM ANY AND ALL OBLIGATIONS LIABILITIES CLAIMS OR DEMANDS IN EXCESS OF THIS LIMITATION 9 5 APPLICATION DEFINITIONS THIS SECTION 9 WILL APPLY TO ALL LOSSES DAMAGES COSTS EXPENSES CLAIMS LIABILITIES AND OBLIGATIONS REFERRED TO THEREIN UNDER ANY THEORY OF LIABILITY WHETHER IN CONTRACT TORT STRICT LIABILITY STATUTORY LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY REGARDLESS OF ANY NEGLIGENCE INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY LIQUIVISION OR ANY PERSON FOR WHOM LIQUIVISION IS RESPONSIBLE AND EVEN IF LIQUIVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE BEING INCURRED IN THIS SECTION 9 REFERENCES TO LIQUIVISION INCLUDE LIQUIVISION S PAST PRESENT AND FUTURE DIRECTORS OFFICERS EMPLOYEES AGENTS REPRESENTATIVES SUCCESSORS AND ASSIGNS 9 6 EXCEPTIONS THE EXCLUSION OF CERTAIN WARRANTIES AND THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED BY LEGISLATION IN SOME JURISDICTIONS SUCH LEGISLATIVE LIMITATIONS MAY APPLY TO YOU 10 General 10 1 Interpretation In this Agreement a a reference to this Agreement and other similar terms refers to this Agreement as a whole including the Schedules and not just to the particular provision in which those words appear b including means including without limitation c headings are for reference only and do not define limit or enlarge the scope or meaning of this Agreem
8. aws which would lead to the application of any other laws Any dispute arising from connected with or relating to this Agreement or any related matters will be resolved by the courts of British Columbia sitting in the City of Vancouver British Columbia Canada and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of any and all such matters 10 3 Miscellaneous The provisions of this Agreement will enure to the benefit of and be binding upon Liquivision and its successors and assigns and you and your heirs executors personal representatives and permitted assigns You may not assign this Agreement except with your Xeo in accordance with section 7 above If any provision of this Agreement is held by a court or arbitrator of competent jurisdiction to be unenforceable or invalid for any reason then that provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way unless as a result of the severance this Agreement would fail in its essential purpose 10 4 Entire Agreement This Agreement sets forth the entire agreement between Liquivision and you regarding the subject matter of this Agreement and supersedes any and all previous communications representations negotiations discussions agreements or understandings whether oral or written between you and Liquivision or between y
9. cense sell resell lend lease loan rent share transfer assign pledge publish transmit publicly display or perform distribute create any interest in or otherwise give or make available per permit access to or use of the Software or its functionality or any results of its use to or for the benefit of any other person with or without charge vi alter attempt to circumvent destroy obscure conceal modify or remove any notices including trademark and copyright notices proprietary codes or locks means of identification digital rights tools or management information or agreements on in or in relation to the Software or vii permit or assist any person to use the Software in a way that would constitute an infringement of Liquivision s rights or a breach of this Agreement if done by you 4 3 Ownership You acknowledge and agree that Liquivision retains all rights titles and interests including intellectual property rights throughout the world in to and associated with the Software including all copies of the Software provided to you The Software is licensed not sold for limited purposes to you The Software and related intellectual property rights are protected by intellectual property laws and treaties throughout the world You will not acquire any right title or interest in to or associated with the Software pursuant to this Agreement or otherwise Notwithstanding any other provision of this Agreement under no circumstan
10. ces will Liquivision be obligated to provide nor will you be entitled to receive obtain or access any source human readable code for the Software All rights not expressly granted under this Agreement are reserved to Liquivision 4 4 Disclaimer Liquivision is not responsible for any problems you may experience as a result of use of the Software including death personal injury or loss or damage to your data or other personal property 5 Limited Warranty 5 1 Warranty Liquivision warrants that the hardware components of the Xeo will be free from defects in materials or workmanship during the applicable Warranty Period the Warranty 5 2 Warranty Periods The Warranty Periods are as follows e two 2 years for the hardware components of the Xeo Unit e two 2 years for the hardware components of Enlightened PC Interface whether included in the original Xeo sales package or sold separately and e one 1 year for parts and accessories including wrist straps bungee cords and USB cables VANO1 2953024 v1 User Agreement and Warranty v 2 0 Copyright 2012 Liquivision Products In each case the Warranty Period begins on the date that you first register your Xeo through the Liquivision website If you make a warranty claim you must provide Liquivision with proof of the date of purchase of your Xeo to establish the Warranty Period and failure to do so will result in denial of your warranty claim 5 3 Remedy In the event
11. ed Liquivision dealer a Dealer or is transferred to you by a person who originally purchased the Xeo from Liquivision or a Dealer e The Warranty applies only if the Xeo Dive Computer is used while worn by a human being diving to a depth not exceeding 200 metres 656 feet The Warranty is void in the event of any other use e The Enlightened PC Interface and its USB cables are not intended for use underwater and any submersion of those items in water will void the Warranty in respect of those items e The Xeo must be used in accordance with the Xeo User Manual The Warranty does not apply to defects or damage caused by i misuse neglect or improper or rough handling including punctures bending compressing or dropping of the Xeo ii any use of the Xeo not in accordance with the Xeo User Manual iii use of the Xeo with or connection of the Xeo to any product accessory software and or service not manufactured supplied or approved by Liquivision including USB cables not provided by Liquivision iv normal wear and tear v accidents fire power changes other hazards acts of God and other causes beyond the reasonable control of Liquivision or vi modification of the Software by any person other than Liquivision e The Warranty will be void if i the Xeo has been opened modified or repaired by any person other than Liquivision with the exception of the opening of the battery compartment of the Xeo Dive Computer solely fo
12. ent or any of its provisions d persons includes individuals corporations partnerships joint ventures associations trusts unincorporated organizations societies and all other legal entities e words importing the singular number only include the plural and vice versa f words importing either gender include both genders g reference to a day week month quarter or year means a calendar day week month quarter or year unless expressly stated otherwise h discretion means a Party s sole absolute and unfettered discretion and i reference to a law or statute includes all regulations and ordinances made thereunder and all amendments to or replacements of the 5 VANO1 2953024 v1 User Agreement and Warranty v 2 0 Copyright 2012 Liquivision Products law statute regulations and ordinances in force from time to time The Parties have expressly requested and required that this Agreement and all related documents be drawn up in the English language Les Parties conviennent et exigent expressement que ce Contrat et tous les documents qui s y rapportent soient rediges en Anglais 10 2 Governing Law and Disputes This Agreement and all related matters will be governed and construed in accordance with the laws of British Columbia Canada and applicable federal laws of Canada excluding the United Nations Convention for the International Sale of Goods and any rules of private international law or the conflict of l
13. mputer as a result of a broken or defective wrist strap or spring pin e The Xeo Dive Computer may be mounted to your wrist using the bungee cord provided You acknowledge and agree that the bungee cord may break and that the Xeo could become detached from the bungee cord During the Warranty Period Liquivision will replace broken bungee cords but Liquivision will not be liable for any loss of the Xeo Dive Computer as a result of a lost broken or defective bungee cord 5 5 Warranty Procedure If you believe you have a warranty claim in respect of your Xeo please consult the online help resources available at www liquivision com contact php or referred to the Xeo User Manual before submitting your a oe VANO1 2953024 v1 User Agreement and Warranty v 2 0 Copyright 2012 Liquivision Products warranty claim and requesting warranty service If you still believe you have a warranty claim then contact the Dealer from which you purchased your Xeo or Liquivision at info liquivision ca if you purchased your Xeo through the Liquivision website You are responsible for all shipping costs including insurance incurred when sending your Xeo to Liquivision or a Dealer and returning the repaired or replacement Xeo to you Before returning or sending your Xeo to Liquivision or a Dealer you must remember to make back up copies of any content or data that is installed or stored on the Xeo as these may be lost during repair of the Xeo and will not be tran
14. of any breach of the Warranty Liquivision s sole liability and obligation to you and your sole right and remedy against Liquivision is for Liquivision at its option to either i repair or replace the defective component of the Xeo or ii replace the defective Xeo in its entirety or iii refund the purchase price for the defective Xeo If Liquivision repairs or replaces your Xeo the repaired or replacement Xeo is subject to the Warranty for the remainder of the original Warranty Period of the repaired or replaced Xeo or three months from the date of repair or replacement whichever is longer Any part removed from a Xeo during repair and any Xeo that is replaced or for which a refund is given by Liquivision or by a Dealer on behalf of Liquivision under the Warranty becomes the property of Liquivision In fulfillment of the Warranty Liquivision and its Dealers may use parts that are new equivalent to new or reconditioned in the repair of a Xeo and may provide a new equivalent to new or reconditioned Xeo in replacement of another Xeo Neither Liquivision nor any of its Dealers will be liable to compensate you for any loss of use of the Xeo as a result of any warranty claim including as a result of any delay in the repair or replacement of your Xeo 5 4 Warranty Limitations and Exclusions The Warranty is subject to the following limitations and exclusions e The Warranty applies only if the Xeo is purchased from Liquivision or an authoriz
15. ou and any Dealer with respect to the subject matter of this Agreement This Agreement may be modified only by a written document that expressly states that it is an amendment to this Agreement and is signed by Liquivision or its successors or assigns A Dealer does not have authority to modify this Agreement VANO1 2953024 v1 User Agreement and Warranty v 2 0 Copyright 2012 Liquivision Products
16. priate pre dive tests and checks of appropriate diving equipment including redundant and back up equipment to compensate for equipment failures while diving e plan your dive in advance and prepare and keep with you a dive plan e dive only within your abilities and experience and in accordance with your dive plan and e practice safe diving techniques including not diving alone You also have the responsibilities set out in this Agreement VANO1 2953024 v1 User Agreement and Warranty v 2 0 Copyright 2012 Liquivision Products 3 Liquivision and the Xeo When purchased by you the Xeo consists of i the Xeo Dive Computer hardware unit the Xeo Unit encased in a protective waterproof shell ii the optional Enlightened PC Interface computer hardware unit encased in a protective shell the PC Interface Unit iii a copy of Liquivision s decompression software and the Enlightened PC Interface software collectively the Software iv a wrist strap bungee cord USB cable and any other accessories that may be included When you purchase the Xeo you become the owner of the Xeo hardware components and a license to use the Software but you do not acquire any intellectual property rights in the Xeo including in the Software all of which remain the sole and exclusive property of Liquivision The optional Enlightened PC Interface its Software and accessories are sold separately from the Xeo Dive computer In the event tha
17. r the purpose of replacing the battery in accordance with the User Manual and this Agreement ii the Xeo Dive Computer s serial number has been removed erased defaced or altered in any way or is illegible as determined by Liquivision in its sole discretion or iii the Xeo has been exposed to chemical products including mosquito repellents e The Warranty does not cover changes to the Xeo Dive Computer display as a result of aging or use including display burn in or decreased brightness over time which are a natural result of the use or aging of the Xeo Dive Computer display and are not a defect Liquivision recommends using the Xeo display on the lowest required brightness setting to reduce the results of display aging and use e The Warranty does not cover loss or damage to the Xeo Dive Computer as a result of improper maintenance of the Xeo Dive Computer s O rings including dry cracked dirty or dusty O rings Liquivision may agree in its sole discretion to repair such loss or damage entirely at your cost e The Xeo Dive Computer is mounted to the wrist strap using spring pins You acknowledge and agree that spring pins may break or lose hold You also acknowledge and agree that the wrist strap may break and the Xeo Dive Computer could become detached from the wrist strap During the Warranty Period Liquivision will repair or replace broken wrist straps or spring pins but Liquivision will not be liable for any loss of the Xeo Dive Co
18. sferred to a replacement Xeo Neither Liquivision nor its Dealers will be liable for any loss of damage to or corruption of any settings content or data that is installed or stored on the Xeo during repair or replacement 6 Battery Replacement and Disclaimers 6 1 The Battery The Xeo Dive Computer is fitted with a specific brand and model of battery the Battery details of which are contained in the Xeo User Manual You may replace the Battery in your Xeo Dive Computer as required in accordance with the Xeo User Manual and this Agreement 6 2 Disclaimers The following disclaimers relate to the Battery and your replacement of the Battery e IT IS YOUR RESPONSIBILITY TO MONITOR BATTERY VOLTAGE AND ENSURE THE XEO DIVE COMPUTER HAS ENOUGH BATTERY LIFE TO COMPLETE YOUR PLANNED DIVE LIQUIVISION IS NOT RESPONSIBLE AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE XEO DIVE COMPUTER POWERING OFF AS A RESULT OF INSUFFICIENT BATTERY LIFE e LIQUIVISION WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE TO THE XEO DIVE COMPUTER ARISING FROM OR IN CONNECTION WITH THE REPLACEMENT OF THE BATTERY NOT IN ACCORDANCE WITH THE XEO USER MANUAL INCLUDING THE INCORRECT OR FORCEFUL INSERTION OF THE BATTERY CAP WHICH CAN DAMAGE THE SCREW THREADS ON THE CAP OR IN THE XEO UNIT LIQUIVISION MAY AGREE TO REPAIR ANY SUCH DAMAGE AT LIQUIVISION S SOLE DISCRETION AND ENTIRELY AT YOUR COST e LIQUIVISION WILL NOT BE RESPO
19. t you have not purchased the Enlightened PC Interface its Software and accessories all references in this Agreement to the Xeo refer only to the Xeo Dive Computer its Software and accessories 4 License to the Software 4 1 License Subject to the provisions of this Agreement Liquivision grants you a license to use the Software in accordance with this Agreement The license is non exclusive personal to you non sublicensable non transferrable except pursuant to section 7 restricted and limited and subject to the provisions of this Agreement The license to use the Software applies only to the specific Xeo Unit bearing the serial number registered by you on www liquivision com and the specific Enlightened PC Interface you have purchased and for which you can produce a valid receipt The Software license commences on the date that you activate the Software on www liquivision com 4 2 Restrictions and Requirements You will not directly or indirectly i use disclose or provide or permit access to or use of the Software except as expressly permitted in this Agreement ii copy reproduce translate modify enhance or improve the Software iii create derivative works from the Software or merge embed or combine the Software with any other software or materials iv reverse engineer disassemble decompile convert into human readable form or otherwise attempt to access or derive the source code of the Software v license subli
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