End user license agreement

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 firmware or products containing the firmware.

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 firmware (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 firmware in connection with normal use of dive computers, rebreathers or accessories containing the firmware. The firmware is protected by EU, U.S., and international copyright laws. You have no ownership rights to the firmware.

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 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 firmware. You have no right to modify the firmware 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 firmware.

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 firmware, 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 firmware 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 firmware and/or the use and operation of the Poseidon product.



EXPRESS ASSUMTION 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 firmware and/or the use or operation of the Poseidon product.



TERMINATION OF TRANSFER

Poseidon may terminate this agreement by disabling the firmware 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.





USER DATA

You understand and agrees that any user data generated by your use of the firmware including, but not limited to, personal data, dive logs, information downloaded from your Poseidon products and other user data may be transmitted to and/or accessed by Poseidon and its partners and may be transferred between servers within the EU. You agree that Poseidon may use your data for any purpose as permitted by law and expressly permits Poseidon to publish such data. Publication of user data, if any, shall be anonymous in that your personal information such as their name or product serial number will not be disclosed without your consent. You further agree that Poseidon shall not be liable to you for any lawsuits, actions, claims, or causes of action for injuries, death or damages to his/her person or property, in relation to Poseidon having access to or the publication of any of your user data. Poseidon shall have no duty to warn you, or any third party of any information transmitted to or that Poseidon shall have access to as the result of your use of the firmware. Poseidon’s privacy policy is available here. This agreement contains the complete understanding between the parties and supersedes and replaces any prior or contemporaneous agreement or understanding, whether oral or written, with respect to its subject matter. This agreement shall be governed by the laws of Sweden. Any action relating to this agreement shall be brought to court in Gothenburg, Sweden and the parties consent to the personal jurisdiction of that court. Any mediation, suit or other proceeding must be filed within one (1) year of the date of any accident, incident, or occurrence upon which the claim for relief is based. You agree and acknowledge that the terms and conditions of this agreement shall continue in force and effect now and in the future and all times during which you use the firmware and/or the Poseidon products, and shall be binding upon my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf.





© Poseidon Diving Systems, September 2023