User Agreement and Warranty
Contents
1. 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 XEN OR YOUR USE OF THE XEN AND REGARDLESS OF WHETHER OR NOT THE XEN 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 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 XEN OR YOUR USE OF THE XEN AND REGARDLESS OF WHETHER OR NOT THE XEN FUNCTIONED PROPERLY OR WAS DEFECTIVE IN ANY WAY VANO1 2872447 v4User Agreement and Warranty v 2 0 Copyright 2012 Liquivision Products 11 Limitation of Liability IF NOTWITHSTANDING THE PROVISIONS OF SECTIONS 8 9 AND 10 OF THIS AGREEMENT LIQUIVISION HAS ANY LIABILITY OR OBLIGATION TO YOU IN RESPECT OF ANY MATTER REFERRED TO IN THOSE SECTIONS LIQUIVISION S TOTAL CUMULATIVE LIABILITY TO YOU YOUR HEIRS EXECUTORS AND PERSONAL REPRESENTATIVES AND TO ANY OTHER PER2. damage to the Xen Dive Computer as a result of improper maintenance of the Xen Dive Computer s O rings including but not limited to 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 Xen 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 Xen 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 Xen Dive Computer as a result of a broken or defective wrist strap or spring pin VANO1 2872447 v4User Agreement and Warranty v 2 0 Copyright 2012 Liquivision Products e The Xen 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 Xen 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 Xen Dive Computer as a result of a lost broken or defective bungee cord 5 Replacement of Xen Battery Your Battery The Xen Dive Computer is fitted with a specific brand and model of battery the Battery details of which are contained in the Xen User Manual Yo
3. 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 3 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 4 Warranty 4 1 Warranty amp Warranty Period The Warranty Periods are 4 1 1 Two 2 years for the Xen Unit and Software 4 1 2 Two 2 years for the Enlightened PC Interface and Enlightened PC Software whether included in the original Xen sales package or sold separately 4 1 3 One 1 year for parts and accessories including but not limited to wrist straps bungee cords and USB cables VANO1 2872447 v4User Agreement and Warranty v 2 0 Copyright 2012 Liquivision Products 4 2 Remedy In the event 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 Xen or ii replace the defective Xen in its entirety or iii refund the purchase price for the defective Xen If Liquivision repairs or replaces your Xen the repaired or replacement Xen is subject to the Warranty for the remainder of the original Warranty Period of the repaired or replaced Xen or three months fro
4. hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of any and all such matters VANO1 2872447 v4User Agreement and Warranty v 2 0 Copyright 2012 Liquivision Products 18 Severability If any provision of this Agreement is determined 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 any such severance this Agreement would fail in its essential purpose 19 Entire Agreement This Agreement constitutes 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 you and any Dealer with respect to the subject matter of this Agreement This Agreement may be modified only by a written instrument signed by Liquivision or its successors or assigns VANO1 2872447 v4User Agreement and Warranty v 2 0 Copyright 2012 Liquivision Products
5. 447 v4User Agreement and Warranty v 2 0 Copyright 2012 Liquivision Products from a Dealer you must also give that person proof of your date of purchase of your Xen 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 WARRANTIES PROVIDED UNDER SECTION 4 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 XEN 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 CUSTOM 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 XEN WILL BE AV
6. AILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED B DATA PROCESSED BY THE XEN OR ANY SOFTWARE INSTALLED ON THE XEN WILL BE ACCURATE COMPLETE SEQUENTIAL OR TIMELY C CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE XEN D THE USE OF THE XEN WILL BE FREE OF ERRORS VIRUSES TROJAN HORSES WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS E THE USE OF THE XEN WILL NOT INFRINGE THE RIGHTS INCLUDING INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON F YOUR XEN WILL RESEMBLE OR OPERATE IN AN IDENTICAL FASHION TO ANY OTHER XEN INCLUDING WITHOUT LIMITATION WITH RESPECT TO DISPLAY BRIGHTNESS TAP SENSITIVITY BATTERY LIFE OR COLOUR AND LIQUIVISION DISCLAIMS ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW 9 Exclusion of Damages NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT AND EXCEPT FOR LIQUIVISION S WARRANTY OBLIGATIONS UNDER SECTION 4 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 XEN THE USE OF THE XEN 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 10 Personal Injury or Death
7. If you believe you have a warranty claim in respect of your Xen please consult the online help resources available at www liquivision com contact php or referred to in the Xen User Manual before submitting your warranty claim and seeking warranty service If you still believe you have a warranty claim then contact the Dealer from which you purchased your Xen or Liquivision at info liquivision ca if you purchased your Xen Interface through the Liquivision website You are responsible for all shipping costs including insurance incurred when sending your Xen to Liquivision or a Dealer and returning your repaired or replacement Xen to you Before returning or sending your Xen 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 Xen as these may be lost during repair of the Xen and will not be transferred to a replacement Xen 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 Xen during repair or replacement 7 Transfer of Your Xen You may sell give rent or lend your Xen 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 Xen or otherwise permit any person to use your Xen unless that person has agreed to this Agreement If you purchased your Xen VANO1 2872
8. Liquivision Xen and Enlightened PC Interface User Agreement and Warranty gt IMPORTANT NOTICE THIS LIQUIVISION XEN USER AGREEMENT AND WARRANTY THIS AGREEMENT IS AN AGREEMENT BETWEEN YOU AND LIQUIVISION PRODUCTS INC LIQUIVISION YOUR USE OF THE LIQUIVISION XEN DIVE COMPUTER AND THE OPTIONAL ENLIGHTENED PC INTERFACE TOGETHER THE XEN IS SUBJECT TO THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT THIS AGREEMENT ALSO SETS OUT LIQUIVISION S WARRANTY OF THE XEN EXCLUSIONS AND LIMITATIONS OF LIQUIVISION S LIABILITY TO YOU PROVISIONS GOVERNING THE RESOLUTION OF DISPUTES AND CLAIMS BETWEEN YOU AND LIQUIVISION AND OTHER IF YOU USE THE XEN YOU ARE DEEMED TO HAVE AGREED TO THIS AGREEMENT INCORRECT USE OF THE XEN OR ITS ACCESSORIES WILL INVALIDATE YOUR WARRANTY AND CAN CAUSE PERMANENT DAMAGE TO THE XEN ITS ACCESSORIES 1 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 these risks Without limiting the foregoing it is your sole responsibility to e obtain appropriate training e obtain maintain and conduct appropriate p
9. SON ARISING FROM CONNECTED WITH OR RELATING TO THIS AGREEMENT THE XEN YOUR USE OF THE XEN OR OTHERWISE FROM ANY AND ALL CAUSE OR CAUSES WILL NOT IN THE AGGREGATE EXCEED THE PURCHASE PRICE OF THE XEN AND YOU HEREBY RELEASE LIQUIVISION FROM ANY AND ALL OBLIGATIONS LIABILITIES CLAIMS OR DEMANDS IN EXCESS OF THIS LIMITATION 12 Application of Exclusions and Limitations SECTIONS 9 10 AND 11 SHALL 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 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 13 Exception to Exclusions and Limitations 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 14 References to Liquivision In sections 8 9 10 11 and 12 references to Liquivision include Liquivision s past present and future directors officers employees agents representatives successors and assigns 15 Interpretation In this Agreement i a reference to this Agreement and other similar terms ref
10. eement to the Xen refer only to the Xen Dive Computer its Software and accessories 1 VANO1 2872447 v4User Agreement and Warranty v 2 0 Copyright 2012 Liquivision Products 3 License to the Software 3 1 License Subject to the provisions of this Agreement Liquivision grants you a license to use the Software in accordance with this Agreement Each license is non exclusive personal to you non sublicensable restricted and limited and subject to the provisions of this Agreement Your Software license applies only to the specific Xen 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 Your Software license commences on the date on you activate the Software on www liquivision com 3 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 sublicense sell resell lend lease loan rent share transfer assig
11. ers to this Agreement as a whole and not just to the particular provision in which those words appear ii including means including without limitation iii headings in this Agreement are for reference only and do not define limit or enlarge the scope or meaning of this Agreement or any of its provisions iv words importing the singular number only include the plural and vice versa and v words importing persons include individuals partnerships associations trusts unincorporated organizations societies and corporations 16 Enurement The provisions of this Agreement will enure to the benefit of and be binding upon the 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 Xen in accordance with section 7 above 17 Governing Law and Jurisdiction 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 laws 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
12. m the date of repair or replacement whichever is longer Any part removed from a Xen during repair and any Xen 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 Xen and may provide a new equivalent to new or reconditioned Xen in replacement of another Xen Neither Liquivision nor any of its Dealers will be liable to compensate you for any loss of use of the Xen as a result of any warranty claim including as a result of any delay in the repair or replacement of your Xen 4 3 Warranty Limitations and Exclusions The Warranty is subject to the following limitations and exclusions e The Warranty applies only if the Xen 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 Xen must be used in accordance with the Xen 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 Xen ii any use
13. n 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 and 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 permits 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 3 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 circumstances will Liquivision be obligated to provide nor will you be
14. of the Xen not in accordance with the Xen User Manual iii use of the Xen with or connection of the Xen to any product accessory software and or service not manufactured supplied or approved by Liquivision including without limitation 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 vi modification of the Software by you e The Warranty will be void if i the Xen has been opened modified or repaired by any person other than Liquivision with the exception of the opening of the battery compartment of the Xen Dive Computer solely for the purpose of replacing the battery in accordance with the User Manual and this Agreement ii the Xen 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 Xen has been exposed to chemical products including mosquito repellants e The Warranty does not cover changes to the Xen 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 Xen Dive Computer display and are not a defect Liquivision recommends using the Xen display on the lowest required brightness setting to reduce the results of display aging and use e The Warranty does not cover loss or
15. re 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 e practice safe diving techniques including not diving alone You also have the responsibilities set out in sections 3 4 5 6 and 10 below 2 Liquivision and the Xen When purchased by you the Xen consists of i the Xen Dive Computer hardware unit the Xen 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 Liquivision s bottom timer software component 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 Xen you become the owner of the Xen but not any patent or other intellectual property rights in the Xen 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 Xen Dive computer its Software and accessories In the event that you have not purchased the Enlightened PC Interface its Software and accessories all references in this Agr
16. u may replace the Battery in your Xen Dive Computer as required in accordance with the Xen User Manual and this Agreement subject to the following e IT IS YOUR RESPONSIBILITY TO MONITOR BATTERY VOLTAGE AND ENSURE THE XEN 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 XEN 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 XEN DIVE COMPUTER ARISING FROM OR IN CONNECTION WITH THE REPLACEMENT OF THE BATTERY NOT IN ACCORDANCE WITH THE XEN USER MANUAL INCLUDING WITHOUT LIMITATION THE INCORRECT OR FORCEFUL INSERTION OF THE BATTERY CAP WHICH CAN DAMAGE THE SCREW THREADS ON THE CAP OR IN THE XEN UNIT LIQUIVISION MAY AGREE TO REPAIR ANY SUCH DAMAGE AT LIQUIVISION S SOLE DISCRETION AND ENTIRELY AT YOUR COST e LIQUIVISION WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE TO THE XEN 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 CAN CAUSE A FIRE OR EXPLOSION SHORTING OUT THE BATTERY CAN SIMILARLY 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 6 Warranty Procedure
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