End user license agreement
Read the terms of this license agreement (“agreement”) governing the use of the software provided to you by Poseidon Diving Systems AB (“Poseidon”) carefully before using the software or products containing the software.
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 software or products containing the software.
This is an agreement between you, the end user (“Licensee”), and Poseidon (“Licensor”). By clicking to accept the terms of this license or using the Reef® software (all titles and versions), data, and documentation (the “software”) with your Poseidon product (including, but not limited to, dive computer, rebreather, and accessories), you are agreeing to be bound by the terms of this agreement.
The software consists of a process for planning dives, downloading, viewing, and managing user dive logs, altering parameters, and updating the Poseidon product firmware. The software is protected by EU, U.S., and international copyright laws. You have no ownership rights to the software. Rather, you have a license to use the software solely for the limited purposes of planning dives, downloading, viewing, and managing user dive logs, altering parameters, and updating the Poseidon product firmware.
Licensee understands and agrees 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 Licensee will not hold itself out as having any ownership rights thereto. Licensee further agrees 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 software. You have no right to modify the software 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 software.
All rights not specifically granted by this agreement are reserved by Licensor.
DISCLAIMER OF WARRANTY
Poseidon does not warrant the completeness or accuracy of the software, 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 software is licensed “as is” and Poseidon disclaims any and all other warranties, express or implied, including, without limitation, implied warranties of merchantability or fitness 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 profits 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 software 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. Licensee expressly and voluntarily agrees 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 software and/or the use or operation of the Poseidon product.
TERMINATION OF TRANSFER
Poseidon may terminate this agreement by disabling the software at any time for any reason including, but not limited to, if Poseidon finds that you have violated any of the terms of this agreement or that you have attempted to exceed the licensed uses in any way. Termination is in addition to and not in lieu of any other remedies available to Poseidon. All provisions relating to property rights shall survive termination. You are not authorized to transfer your rights under this agreement.
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