THIS TECHNICAL DIVE COMPUTERS TDC-3 USER AGREEMENT AND WARRANTY (THIS "AGREEMENT") IS AN AGREEMENT BETWEEN YOU AND TECHNICAL DIVE COMPUTERS INC. ("TECHNICAL DIVE COMPUTERS"). YOUR USE OF THE TECHNICAL DIVE COMPUTERS TDC-3 DIVE COMPUTER IS SUBJECT TO THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT. THIS AGREEMENT ALSO SETS OUT TECHNICAL DIVE COMPUTERS'S WARRANTY OF THE TDC-3, EXCLUSIONS AND LIMITATIONS OF TECHNICAL DIVE COMPUTERS'S LIABILITY TO YOU, PROVISIONS GOVERNING THE RESOLUTION OF DISPUTES AND CLAIMS BETWEEN YOU AND TECHNICAL DIVE COMPUTERS, AND OTHER IMPORTANT PROVISIONS. IF YOU DO NOT AGREE WITH ANY TERM OF THIS AGREEMENT, YOU MUST NOT USE THE TDC-3 AND YOU MAY RETURN THE TDC-3 TO TECHNICAL DIVE COMPUTERS OR THE AUTHORIZED TECHNICAL DIVE COMPUTERS DEALER FROM WHICH YOU PURCHASED THE TDC-3 FOR A FULL REFUND WITHIN 30 DAYS AFTER YOUR DATE OF PURCHASE. IF YOU USE THE TDC-3, YOU ARE DEEMED TO HAVE AGREED TO THIS AGREEMENT.

INCORRECT USE OF THE TDC-3 OR ITS ACCESSORIES WILL INVALIDATE YOUR WARRANTY AND CAN CAUSE PERMANENT DAMAGE TO THE TDC-3 OR 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:
- obtain appropriate training;
- obtain, maintain and conduct appropriate pre-dive tests and checks of appropriate diving equipment, including redundant and back-up equipment to compensate for equipment failures while diving;
- plan your dive in advance and prepare and keep with you a dive plan; - dive only within your abilities and experience and in accordance with your dive plan;
- 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. Technical Dive Computers and the TDC-3
When purchased by you, the TDC-3 consists of: (i) the TDC-3 Dive Computer hardware unit (the "TDC-3 Unit") encased in a protective waterproof shell, (ii) Technical Dive Computers's bottom-timer software component (collectively, the "Software"), (iii) a wrist strap, bungee cord, and any other accessories that may be included. When you purchase the TDC-3, you become the owner of the TDC-3 (but not any patent or other intellectual property rights in the TDC-3, including in the Software, all of which remain the sole and exclusive property of Technical Dive Computers).

3. License to the Software
3.1. License: Subject to the provisions of this Agreement, Technical Dive Computers 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 TDC-3 Unit bearing the serial number registered by you on www.tdc-3.com, for which you can produce a valid receipt. Your Software license commences on the date on you activate the Software on www.tdc-3.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, assign, 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 Technical Dive Computers's rights or a breach of this Agreement if done by you.
3.3. Ownership: You acknowledge and agree that Technical Dive Computers 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 Technical Dive Computers be obligated to provide, nor will you be 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 Technical Dive Computers.
3.4. Disclaimer: Technical Dive Computers 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 and Warranty Period: The Warranty Periods are:
4.1.1. Two (2) years for the TDC-3 Unit and Software;
4.1.2. One (1) year for parts and accessories including (but not limited to) wrist straps, bungee cords.
4.2. Remedy: In the event of any breach of the Warranty, Technical Dive Computers's sole liability and obligation to you, and your sole right and remedy against Technical Dive Computers, is for Technical Dive Computers, at its option, to either: (i) repair or replace the defective component of the TDC-3; or (ii) replace the defective TDC-3 in its entirety; or (iii) refund the purchase price for the defective TDC-3. If Technical Dive Computers repairs or replaces your TDC-3, the repaired or replacement TDC-3 is subject to the Warranty for the remainder of the original Warranty Period of the repaired or replaced TDC-3 or three months from the date of repair or replacement, whichever is longer. Any part removed from a TDC-3 during repair and any TDC-3 that is replaced or for which a refund is given by Technical Dive Computers, or by a Dealer on behalf of Technical Dive Computers, under the Warranty becomes the property of Technical Dive Computers. In fulfillment of the Warranty, Technical Dive Computers and its Dealers may use parts that are new, equivalent to new or reconditioned in the repair of a TDC-3, and may provide a new, equivalent to new or reconditioned TDC-3 in replacement of another TDC-3. Neither Technical Dive Computers nor any of its Dealers will be liable to compensate you for any loss of use of the TDC-3 as a result of any warranty claim, including as a result of any delay in the repair or replacement of your TDC-3.
4.3. Warranty Limitations and Exclusions: The Warranty is subject to the following limitations and exclusions:
- The Warranty applies only if the TDC-3 Dive Computer is used while worn by a human being diving to a depth not exceeding 120 metres (400 feet). The Warranty is void in the event of any other use.
- The TDC-3 must be used in accordance with the TDC-3 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 TDC-3); (ii) any use of the TDC-3 not in accordance with the TDC-3 User Manual; (iii) use of the TDC-3 with or connection of the TDC-3 to any product, accessory, software and/or service not manufactured, supplied or approved by Technical Dive Computers; (iv) normal wear and tear; (v) accidents, fire, power changes, other hazards, acts of God and other causes beyond the reasonable control of Technical Dive Computers; (vi) modification of the Software by you;
- The Warranty will be void if: (i) the TDC-3 has been opened, modified or repaired by any person other than Technical Dive Computers, with the exception of the opening of the battery compartment of the TDC-3 Dive Computer solely for the purpose of replacing the battery in accordance with the User Manual and this Agreement; (ii) the TDC-3 Dive Computer's serial number has been removed, erased, defaced or altered in any way or is illegible, as determined by Technical Dive Computers in its sole discretion; or (iii) the TDC-3 has been exposed to chemical products, including mosquito repellants.
- The Warranty does not cover loss or damage to the TDC-3 Dive Computer as a result of improper maintenance of the TDC-3 Dive Computer's O-rings, including but not limited to dry, cracked, dirty or dusty O-rings. Technical Dive Computers may agree in its sole discretion to repair such loss or damage, entirely at your cost.
- The Warranty does not cover loss or damage to the TDC-3 Dive Computer from flooding of the battery compartment that may result from incorrect closure procedure of the battery compartment/s. Technical Dive Computers may agree in its sole discretion to repair such loss or damage, entirely at your cost.
- The TDC-3 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 TDC-3 could become detached from the bungee cord. During the Warranty Period, Technical Dive Computers will replace broken bungee cords, but Technical Dive Computers will not be liable for any loss of the TDC-3 Dive Computer as a result of a lost, broken or defective bungee cord.
- The TDC-3 Dive Computer may be mounted to your wrist using the wrist strap provided. You acknowledge and agree that thewrist strap may break, and that the TDC-3 could become detached from the wrist strap. During the Warranty Period, Technical Dive Computers will replace broken wrist strap , but Technical Dive Computers will not be liable for any loss of the TDC-3 Dive Computer as a result of a lost, broken or defective wrist strap.

5. Replacement of TDC-3 Battery
5.1. Your Battery: The TDC-3 Dive Computer is fitted with a specific brand and model of battery (the “Battery”), details of which are contained in the TDC-3 User Manual . You may replace the Battery in your TDC-3 Dive Computer as required, in accordance with the TDC-3 User Manual and this Agreement. subject to the following:
- IT IS YOUR RESPONSIBILITY TO MONITOR BATTERY VOLTAGE AND ENSURE THE TDC-3 DIVE COMPUTER HAS ENOUGH BATTERY LIFE TO COMPLETE YOUR PLANNED DIVE. TECHNICAL DIVE COMPUTERS IS NOT RESPONSIBLE AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE TDC-3 DIVE COMPUTER POWERING OFF AS A RESULT OF INSUFFICIENT BATTERY LIFE.
- TECHNICAL DIVE COMPUTERS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE TO THE TDC-3 DIVE COMPUTER ARISING FROM OR IN CONNECTION WITH THE REPLACEMENT OF THE BATTERY NOT IN ACCORDANCE WITH THE TDC-3 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 TDC-3 UNIT. TECHNICAL DIVE COMPUTERS MAY AGREE TO REPAIR ANY SUCH DAMAGE AT TECHNICAL DIVE COMPUTERS'S SOLE DISCRETION, AND ENTIRELY AT YOUR COST.
- TECHNICAL DIVE COMPUTERS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE TO THE TDC-3 DIVE COMPUTER ARISING FROM OR IN CONNECTION WITH A FLOODED BATTERY COMPARTMENT, WHETHER OR NOT THE BATTERY HAS BEEN REPLACED.
- RE-CHARGING A NON-CHARGEABLE BATTERY CAN CAUSE A FIRE OR EXPLOSION. SHORTING OUT THE BATTERY CAN SIMILARLY CAUSE A FIRE OR EXPLOSION. TECHNICAL DIVE COMPUTERS 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. - CORRECT BATTERY INSERTION - A BATTERY MUST BE INSTALLED WITH THE CORRECT POS/NEG POLARITY, AS INDICATED IN THE USER MANUAL. A BATTERY FITTED WITH INCORRECT POLARITY CAN CAUSE A FIRE OR EXPLOSION. TECHNICAL DIVE COMPUTERS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE INCORRECT BATTERY INSERTION OF THE BATTERY.

6. Warranty Procedure
If you believe you have a warranty claim in respect of your TDC-3, please consult the online help resources available at www.tdc-3.com/contact/ or referred to in the TDC-3 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 TDC-3, or Technical Dive Computers at support@technicaldivecomputers.com if you purchased your TDC-3 through the Technical Dive Computers website. You are responsible for all shipping costs (including insurance) incurred when sending your TDC-3 to Technical Dive Computers or a Dealer and returning your repaired or replacement TDC-3 to you. Before returning or sending your TDC-3 to Technical Dive Computers or a Dealer, you must remember to make back-up copies of any content or data that is installed or stored on the TDC-3, as these may be lost during repair of the TDC-3, and will not be transferred to a replacement TDC-3. Neither Technical Dive Computers 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 TDC-3 during repair or replacement.

7. Transfer of Your TDC-3
You may sell, give, rent or lend your TDC-3 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 TDC-3, or otherwise permit any person to use your TDC-3, unless that person has agreed to this Agreement. If you purchased your TDC-3 from a Dealer, you must also give that person proof of your date of purchase of your TDC-3, 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 TECHNICAL DIVE COMPUTERS'S SOLE AND EXCLUSIVE LIABILITIES AND OBLIGATIONS TO YOU, IN CONNECTION WITH YOUR PURCHASE AND USE OF THE TDC-3, 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 TECHNICAL DIVE COMPUTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TECHNICAL DIVE COMPUTERS MAKES NO REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE THAT: (A) THE TDC-3 WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (B) DATA PROCESSED BY THE TDC-3 OR ANY SOFTWARE INSTALLED ON THE TDC-3 WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; (C) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE TDC-3; (D) THE USE OF THE TDC-3 WILL BE FREE OF ERRORS, VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; (E) THE USE OF THE TDC-3 WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; (F) YOUR TDC-3 WILL RESEMBLE OR OPERATE IN AN IDENTICAL FASHION TO ANY OTHER TDC-3 (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO DISPLAY BRIGHTNESS, TAP SENSITIVITY, BATTERY LIFE, OR COLOUR); AND TECHNICAL DIVE COMPUTERS 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 TECHNICAL DIVE COMPUTERS'S WARRANTY OBLIGATIONS UNDER SECTION 4 ABOVE, IN NO EVENT WILL TECHNICAL DIVE COMPUTERS 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 TDC-3, THE USE OF THE TDC-3, 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
YOU AGREE THAT YOU UNDERSTAND AND ACCEPT ALL RISKS ASSOCIATED WITH DIVING, AND THAT TECHNICAL DIVE COMPUTERS 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 TDC-3 OR YOUR USE OF THE TDC-3, AND REGARDLESS OF WHETHER OR NOT THE TDC-3 FUNCTIONED PROPERLY OR WAS DEFECTIVE IN ANY WAY. YOU HEREBY IRREVOCABLY WAIVE AND RELEASE TECHNICAL DIVE COMPUTERS 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 TDC-3 OR YOUR USE OF THE TDC-3, AND REGARDLESS OF WHETHER OR NOT THE TDC-3 FUNCTIONED PROPERLY OR WAS DEFECTIVE IN ANY WAY.

11. Limitation of Liability
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

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 TECHNICAL DIVE COMPUTERS OR ANY PERSON FOR WHOM TECHNICAL DIVE COMPUTERS IS RESPONSIBLE, AND EVEN IF TECHNICAL DIVE COMPUTERS 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 Technical Dive Computers
In sections 8, 9, 10, 11 and 12, references to Technical Dive Computers include Technical Dive Computers'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 refers 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 Technical Dive Computers 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 TDC-3 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 hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of any and all such matters.

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 Technical Dive Computers 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 Technical Dive Computers 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 Technical Dive Computers or its successors or assigns.