Dive Assistant - License

BLACKWAVE LICENSE AGREEMENT

BY DOWNLOADING, INSTALLING OR RUNNING THE SOFTWARE OR ACCESSING THE SERVICES (AS THOSE TERMS ARE DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DELETE ANY PORTIONS OF THE SOFTWARE ALREADY INSTALLED ON YOUR SYSTEM.

LICENSE GRANT FOR SOFTWARE

Blackwave grants you (a single individual or entity) a non-exclusive license under copyrights to use the Blackwave Software ("Software") only as explicitly permitted by this agreement. You may use the Software on a single personal computer and/or personal computing device at any one time. The Software is "in use" on a computer or computing device when it is resident in memory (i.e., RAM) or when executable or other files are installed on the hard drive or other storage device of the computer or computing device. Any software applications or components, including updates or upgrades, substantially developed and subsequently made available to you by Blackwave for use with the Blackwave Software shall become part of the Software for purposes of this agreement when you install or run them. You may not, and you may not permit others to, copy, distribute, modify, translate, reverse engineer, decompile, disassemble, or create derivative works of the Software, or remove any proprietary notices or labels on the Software, including copyright, trademark and patent or patent pending notices. Unless you have received a separate license from Blackwave permitting you to do so, you may not install the Software on a server or use the Software as a bot (i.e., software that acts on its own behalf to create, modify, manipulate, collect or transfer data or to perform other automated functions).

CLIENT ACCESS LICENSE FOR SERVER FUNCTIONALITY

Blackwave grants you a non-exclusive, limited license to access and use relay services, device presence services and other services made available through access to one or more of Blackwave servers ("Services") to support your use of the Software during the term of this agreement. You may not permit others to access or use the Services. You may not create derivative works of or integrate the Services into any commercial offering without the written consent of Blackwave.

TERM

This agreement shall become effective upon your first installation or use of the Software or access to the Services. Your use of the Software or Services is conditioned on your compliance with the terms and conditions contained in this agreement. The Software or Services may include a "time-out" mechanism that will automatically disable use of the Software or prevent access to the Services after a predetermined period of time.

ACCEPTABLE USE

You agree not to use the Software or the Services for a purpose or in a manner not permitted by the terms of Blackwave Acceptable Use Policy (including, without limitation, infringement of copyrights), as it may be amended from time to time. Blackwave Acceptable Use Policy is available on Blackwave Web site at www.blackwave.com (the "Web Site"). You also agree that you will not, and that you will not permit others to, use the Software or Services either directly or indirectly to compromise the security of, or repeatedly request access to or data from, a Blackwave computer or other resource, or a computer or other resource of any other individual or entity, with the intent of disrupting or monopolizing the computer or other resource. You also agree not modify, disable, circumvent, or otherwise interfere with the features of the Software and/or Services that enforce license limits and restrictions or report technical and statistical information regarding use of the Software and Services to Blackwave. The license grants set forth in this agreement will terminate automatically if you engage in any activity in violation of this section.

TITLE

Title, ownership rights, and intellectual property rights in and to the Software and Services remain with Blackwave and/or its licensors. You acknowledge and agree that the Software contains proprietary and confidential information of Blackwave and/or its licensors. You agree to use reasonable care to protect the confidential and proprietary nature of the Software. Blackwave reserves the right to alter prices, features, capabilities, functions, licensing terms, release dates, general availability or any other characteristics of the Software or Services at any time, as Blackwave sees fit.

DISCLAIMER OF WARRANTY

THE SOFTWARE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. To the extent this warranty disclaimer does not apply to you, Blackwave and its licensors entire liability and your exclusive remedy shall be, at Blackwave sole option, to replace the affected Software or Services. This limited remedy is void if failure of the Software or Services has resulted from modification, accident, abuse, misapplication, a computer virus, an act of God, hardware or network attributes or configuration, or third party software. Any replacement of the Software or Services under this limited remedy will be warranted under the same terms as the original Software or Services.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL Blackwave, ITS LICENSORS, OR ANY OTHER PERSON OR ENTITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OR CORRUPTION OF DATA, OR ANY OTHER DAMAGE OR LOSS, EVEN IF Blackwave HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE EXTENT THIS LIMITATION OF LIABILITY DOES NOT APPLY TO YOU UNDER APPLICABLE LAW, Blackwave TOTAL LIABILITY TO YOU SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

THIRD PARTY PRODUCTS AND SERVICES

Third parties may develop or provide tools or other software applications or components, materials, data, content or other products or services for use with the Software or the Services, some of which may be accessible via the Web Site. Blackwave makes no representation or warranty with respect to the quality, reliability or non-infringement of any third party product, service or data, whether accessible via the Web Site or otherwise. You agree that Blackwave is not responsible for the operation or performance of third party product, service or data. You acknowledge and agree that your rights with respect to third party products, services or data may be subject to the terms and conditions of separate agreements with the third parties providing them.

MISCELLANEOUS

If any provision of this agreement is held to be unenforceable for any reason, all other provisions of this agreement shall remain in full force and effect, and the unenforceable provision shall be reformed only to the extent necessary to make it enforceable. This agreement and Blackwave Acceptable Use Policy and Privacy Policy (which can be viewed on the Web Site and which are incorporated into this agreement by this reference) set forth the complete and entire agreement between you and Blackwave concerning their subject matter. Blackwave may amend the Acceptable Use Policy and Privacy Policy at any time by publication of a revised version of either of them on the Web Site. Your continued use of the Software and Services following publication of any such revised version will be deemed acceptance by you of the revised terms and conditions. If any of the revised terms and conditions is unacceptable to you, you must immediately cease using the Software and Services and remove the Software from all computers and computing devices on which you have installed it.

TECHNICAL SUPPORT, UPDATES, AND UPGRADES

Technical support for the Software and Services can be found in the Help menu within the Software and on the Web Site. This agreement does not entitle you to receive (a) technical support other than that which Blackwave makes available through the Software and on the Web Site; or (b) updates or upgrades to the Software or Services.

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