XDEEP BLACK BT User Manual - page 52
51. LICENCE AND LIABILITIES AGREEMENT 4/5
7. PERSONAL INJURY OR DEATH
LICENSEE HEREBY AGREES THAT HE UNDERSTANDS AND ACCEPTS ALL RISKS ASSOCIATED WITH
DIVING AND USE OF BLACK BT IN ACCORDANCE WITH USER MANUAL ENCLOSED TO THIS
AGREEMENT, AND THAT XDEEP IS NOT LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY
LOSS, DAMAGE, COST, EXPENSE OR CLAIM ARISING OUT OF, CAUSED BY OR RELATING TO
LICENSEE PERSONAL INJURY OR DEATH WHILE DIVING, EVEN IF LICENSEE PERSONAL INJURY OR
DEATH IS CAUSED, IN WHOLE OR IN PART AND DIRECTLY OR INDIRECTLY, BY THE BLACK BT OR
LICENSEE USE OF THE BLACK BT, AND REGARDLESS OF WHETHER OR NOT THE BLACK BT
FUNCTIONED PROPERLY OR WAS DEFECTIVE IN ANY WAY.
LICENSEE HEREBY IRREVOCABLY WAIVES AND RELEASES XDEEP FROM ANY LIABILITY OR
OBLIGATION TO LICENSEE FOR ANY LOSS, DAMAGE, COST, EXPENSE OR CLAIM ARISING OUT OF,
CAUSED BY OR RELATING TO LICENSEE PERSONAL INJURY OR DEATH WHILE DIVING, EVEN IF
LICENSEE PERSONAL INJURY OR DEATH IS CAUSED, IN WHOLE OR IN PART AND DIRECTLY OR
INDIRECTLY, BY THE BLACK BT OR LICENSEE USE OF THE BLACK BT, AND REGARDLESS OF WHETHER
OR NOT THE BLACK BT FUNCTIONED PROPERLY OR WAS DEFECTIVE IN ANY WAY.
8. LIMITATION OF LIABILITY
IF NOTWITHSTANDING THE PROVISIONS OF SECTIONS 5, 6 AND 7 OF THIS AGREEMENT XDEEP HAS
ANY LIABILITY OR OBLIGATION TO LICENSEE, XDEEP’S TOTAL CUMULATIVE LIABILITY, INCLUDING
DAMAGES AND COMPENSATIONS, TO LICENSEE OR TO ANY OTHER PERSON ARISING FROM,
CONNECTED WITH, OR RELATING TO THIS AGREEMENT, THE BLACK BT, ANY OTHER SOFTWARE OR
LICENSEE USE OF THE BLACK BT, ANY OTHER SOFTWARE, OR OTHERWISE, FROM ANY AND ALL
CAUSE OR CAUSES WILL NOT EXCEED THE PURCHASE PRICE OF THE BLACK BT, AND LICENSEE
HEREBY RELEASES XDEEP FROM ANY AND ALL OBLIGATIONS, LIABILITIES, CLAIMS OR DEMANDS IN
EXCESS OF INDICATED LIMITATION.