95
94
5. nO OTHer rePresenTaTIOns, warranTIes Or GUaranTees
TO THe maXImUm eXTenT PermITTeD BY law, THe warranTIes PrOVIDeD
UnDer GUaranTee CerTIFICaTe enClOseD TO THIs aGreemenT are lICensee
sOle anD eXClUsIVe rIGHTs, anD XDeeP’s sOle anD eXClUsIVe lIaBIlITIes anD
OBlIGaTIOns TO lICensee, In COnneCTIOn wITH lICensee’s PUrCHase anD Use
OF THe BlaCK eanX, anD are In lIeU OF eVerY anD all OTHer rePresenTa-
TIOns, warranTIes anD GUaranTees OF anY naTUre Or KInD wHaTsOeVer.
6. eXClUsIOn OF DamaGes
nOTwITHsTanDInG anY OTHer PrOVIsIOn OF THIs aGreemenT, anD eXCePT FOr
XDeeP’s warranTY OBlIGaTIOns UnDer GUaranTee CerTIFICaTe enClOseD
TO THIs aGreemenT, In nO eVenT wIll XDeeP Be lIaBle TO lICensee Or anY
OTHer PersOn FOr anY DIreCT, InDIreCT, InCIDenTal, PUnITIVe Or eXemPlarY
lOss Or DamaGe arIsInG FrOm, COnneCTeD wITH, Or relaTInG TO THe BlaCK
eanX, Or Use OF BlaCK eanX, THIs aGreemenT, THe sUBJeCT maTTer OF THIs
aGreemenT, Or OTHerwIse, InClUDInG lOss OF DaTa, saVInGs, InCOme Or
PrOFITs.
LICENCE AND LIABILITIES AGREE-
MENT 4/7
7. PersOnal InJUrY Or DeaTH
lICensee HereBY aGrees THaT He UnDersTanDs anD aCCePTs all rIsKs as-
sOCIaTeD wITH DIVInG anD Use OF BlaCK eanX In aCCOrDanCe wITH User
manUal enClOseD TO THIs aGreemenT, anD THaT XDeeP Is nOT lIaBle TO lI-
Censee 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 eanX Or
lICensee Use OF THe BlaCK eanX, anD reGarDless OF wHeTHer Or nOT THe
BlaCK eanX FUnCTIOneD PrOPerlY Or was DeFeCTIVe In anY waY.
lICensee HereBY IrreVOCaBlY waIVes anD releases XDeeP FrOm anY lI-
aBIlITY 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
eanX Or lICensee Use OF THe BlaCK eanX, anD reGarDless OF wHeTHer Or
nOT THe BlaCK eanX FUnCTIOneD PrOPerlY Or was DeFeCTIVe In anY waY.
LICENCE AND LIABILITIES AGREEMENT
5/7
