Terms and Conditions
READ THE TERMS OF THIS LICENSE AGREEMENT (“AGREEMENT”) GOVERNING THE USE OF THE SOFTWARE PROVIDED TO YOU BY HUISH OUTDOORS, LLC (“HUISH”), DBA “OCEANIC” AND “OCEANIC+”, CAREFULLY BEFORE USING THE SOFTWARE OR HARDWARE.
BY INDICATING YOUR ACCEPTANCE OF THESE TERMS THROUGH CHECKING THE BOX, “YOU ARE CONFIRMING YOU HAVE READ AND ACCEPTED BOTH THE OCEANIC+ AND YOUR DATA, AND, THE TERMS OF SERVICE AGREEMENTS”, YOU ARE (1) REPRESENTING THAT YOU ARE OVER THE AGE OF 18, (2) REPRESENTING THAT YOU HAVE THE RIGHT AND AUTHORITY TO LEGALLY BIND YOURSELF, AND (3) CONSENTING TO BE LEGALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS OR CANNOT MAKE SUCH REPRESENTATIONS, DO NOT CHECK THE BOX CONFIRMING “YOU ACCEPT THE OCEANIC+ AND YOUR DATA, AND, THE TERMS OF SERVICE AGREEMENTS” AND DO NOT USE THE SOFTWARE OR HARDWARE.
This is an Agreement between you, the end user (“Licensee”), and Huish (“Licensor”). By clicking to accept the terms of this License or using the Oceanic+ software (all titles and versions), data, and documentation (the “Software”), and Oceanic+ hardware, you are agreeing to be bound by the terms of this Agreement.
The Software consists of a process for downloading and/or viewing user dive logs, altering dive parameters, monitoring dive data, and updating the system firmware. The Software is protected by U.S. and foreign copyright laws. You have no ownership rights in the Software. Rather, you have a license to use the Software solely for the limited purposes of downloading and/or viewing user information and dive logs, altering dive parameters, monitoring dive data, and updating the software revision.
Licensee understands and agrees that the trademarks, trade names, service marks, copyrights, and other proprietary rights of Licensor are and shall remain the sole and exclusive property of Licensor, and that Licensee will not hold itself out as having any ownership rights thereto. Licensee further agrees that it will make no use of such rights except as provided in this Agreement.
You do not have the right to sell, assign, sublicense, rent, lease, loan, convey, reproduce, distribute or otherwise transfer, the Software to any third-party, or copy, duplicate, translate or convert to another programming language the Software, except as expressly provided herein. You have no right to alter or modify the Software or create any derivative work. You may not reverse engineer, decompile, disassemble, or otherwise access source code or the logical structure and contents of the Software.
Except as expressly provided herein, no license or right, express or implied, is hereby conveyed or granted by Huish to you for any intellectual property of Huish. All rights not specifically granted by this Agreement are reserved by Licensor.
Ownership and Copyright. The Software is copyrighted and owned by Huish. You agree and acknowledge that Huish transfers neither ownership interest nor intellectual property in the Software to you under this Agreement or otherwise, and that Huish retains all right, title and interest to the Software.
Export Restrictions. You agree to comply with all applicable export control laws and regulations of the country involved, and not to export or re-export, directly or indirectly, the Software in violation of any such laws and regulations.
Support and Update. Huish, Huish’s subsidiaries and affiliates, their distributors, and dealers are not responsible for maintaining or helping you in your use of the Software. It is your responsibility to download any updates, bug fixes, or support for the Software.
Account Processing and Payments. Processing and payments including the activation and cancelation of your account is handled through the Apple store settings. If you have any questions or concerns regarding your account, please contact us at oceanicplus@huishoutdoors.com.
Disclaimer of Warranty. Software. Huish does not warrant the completeness or accuracy of the Software, or that its use will meet your needs or be uninterrupted or error-free. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE SOFTWARE IS LICENSED “AS IS” AND HUISH DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT HUISH, HUISH’S SUBSIDIARIES AND AFFILIATES, THEIR DISTRIBUTORS AND DEALERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU IN SUCH STATES WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. Huish, Huish’s subsidiaries and affiliates, their distributors and dealers do not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free.
Disclaimer of Warranty. Hardware: Oceanic+ provides a limited 1-year warranty on the Oceanic+ Dive Housing and related accessories sold by Oceanic only. This warranty covers defects in materials and workmanship under normal use, in accordance with the published specifications. The warranty is valid only for the original purchaser and is not transferable. If the product is found to be defective within the warranty period, Oceanic+ will either repair or replace the product at its discretion, free of charge. The product will be repaired or replaced with a new or refurbished product of equal value. For extended warranty information please see the extended warranty section. EXCLUSIONS: THE WARRANTY DOES NOT COVER ANY DAMAGE TO SMARTPHONES, OTHER ELECTRONIC DEVICES, OR PRODUCTS USED IN CONNECTINO WITH THE OCEANIC+ DIVE HOUSING. THE USER ASSUMES RISK OF FLOODING OR OTHER FAILURES WHEN THE PRODUCT IS USED. This warranty does not cover damage resulting from misuse, abuse, normal wear and tear, or unauthorized modifications or repairs. It also does not cover any consequential or incidental damages arising from the use of the product. Warranty Claims: The user is responsible for shipping the product to Oceanic+ for any warranty claim. Oceanic+ will cover the cost of return shipping. To initiate a warranty claim, the user should contact Oceanic+ customer service for instructions on how to return the product. Oceanic+ reserves the right to request additional information or documentation to verify the warranty claim. This warranty is in lieu of all other warranties, whether express or implied, including any warranties of merchantability or fitness for a particular purpose. Oceanic+ shall not be liable for any special, incidental, or consequential damages resulting from the use of this product, even if advised of the possibility of such damages.
No Consequential Damages. IN NO EVENT SHALL HUISH BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES OR PROFITS EVEN IF HUISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Waiver of Liability. LICENSEE VOLUNTARILY RELEASES, DISCHARGES, WAIVES, AND RELINQUISHES ANY AND ALL LAWSUITS, ACTIONS, CLAIMS, OR CAUSES OF ACTION FOR INJURIES, DEATH OR DAMAGES TO HIS/HER PERSON OR PROPERTY, WHETHER ARISING FROM OR AS A RESULT OF ANY PRODUCT DEFECT, WHETHER BY DESIGN, MANUFACTURE, OR FAILURE TO WARN, BREACH OF WARRANTY, OR NEGLIGENT ACT OR OMISSION OF THE RELEASED PARTIES IN CONNECTION WITH THE DESIGN, MATERIALS, ASSEMBLY, TESTING, STRUCTURAL INTEGRITY, PERFORMANCE, INSTRUCTIONS FOR OPERATING OR WARNINGS FOR THE USE OF THE SOFTWARE AND/OR THE USE AND OPERATION OF THE HARDWARE.
Express Assumption of the Risk. LICENSEE EXPRESSLY AND VOLUNTARILY AGREES TO ASSUME ANY AND ALL RISK OF INJURY, DEATH OR DAMAGE TO MY PERSON OR PROPERTY ARISING FROM OR IN CONJUNCTION WITH THE USE OF THE SOFTWARE AND/OR THE USE OR OPERATION OF THE HARDWARE. USER ASSUMES RISK OF DAMAGE TO SMARTPHONES (INCLUDING THE APPLE IPHONE) OR ELECTRONIC DEVICES USED INSIDE THE OCEANIC DIVE HOUSING.
Warnings for use. LICENSEE EXPRESSLY AND VOLUNTARILY AGREES AND UNDERSTANDS THE WARNINGS OF USE INCLUDE BUT ARE NOT LIMITED TO:
ONLY TRAINED DIVERS SHOULD USE A DIVE COMPUTER APP FOR SCUBA DIVING! Insufficient training for any kind of diving, including free diving, may cause a diver to commit errors, such as incorrect use of gas mixtures or improper decompression, that may lead to serious injury or death.
THERE IS ALWAYS A RISK OF SAFETY HAZARDS WHEN IN THE WATER. You are strongly advised to check weather and water conditions before entering, do not enter with strong currents or swell. Be sure of your surroundings including potentially harmful marine life, rocky areas and other boats which may be present. Ignoring this warning could result in serious personal injury or death.
ALWAYS MONITOR YOUR BODY WHEN IN THE WATER. If you feel dizzy or disoriented, or begin to experience a headache, exit the water immediately. You may be experiencing a potentially life-threatening condition of a buildup of carbon dioxide in your gear. If you feel uncomfortable, remain calm and exit the water immediately.
THERE IS ALWAYS A RISK OF DECOMPRESSION SICKNESS (DCS) FOR ANY DIVE PROFILE EVEN IF YOU FOLLOW THE DIVE PLAN PRESCRIBED BY DIVE TABLES OR A DIVE COMPUTER APP. NO PROCEDURE, DIVE COMPUTER APP, OR DIVE TABLE WILL PREVENT THE POSSIBILITY OF DCS OR OXYGEN TOXICITY WHEN THE APP IS USED FOR SCUBA DIVING! An individual’s physiological makeup can vary from day to day. The dive computer app cannot account for these variations. You are strongly advised to remain well within the exposure limits provided by the instrument to minimize the risk of DCS. As an added measure of safety, you should consult a physician regarding your fitness before scuba diving.
If you have a pacemaker, we recommend consulting with your doctor prior to scuba diving, freediving, or snorkeling. These activities create physical stresses on the body which may not be suitable for pacemakers.
If you have a pacemaker, consult a doctor before using this device. The inductive frequency used by the device may interfere with pacemakers.
Check your dive computer app regularly during a dive. If you believe or conclude that there is any problem with any software function, abort the dive immediately and safely return to the surface. Contact Oceanic Customer Support for product support.
The Oceanic Dive App is intended for recreational use only. The demands of commercial or professional scuba diving may expose the diver to depths and conditions that tend to increase the risk of decompression sickness (DCS). Therefore, Oceanic strongly recommends that the device not be used for any commercial or professional scuba diving activities.
THE DIVE COMPUTER APP SHOULD NEVER BE TRADED OR SHARED BETWEEN USERS WHILE IT IS IN OPERATION! Its information will not apply to someone who has not been wearing it throughout a dive, or sequence of repetitive dives. Its dive profiles must match that of the user. If it is left on the surface during any dive, the dive computer app will give inaccurate information for subsequent dives. No dive computer app can take into account dives made without the computer app. Thus, any scuba diving activity up to four days prior to initial use of the computer may cause misleading information and must be avoided.
PERFORM PRE-CHECKS! Always check that your dive computer app is functioning properly and has the correct settings before diving. Check that the display is working, the battery level is OK, and so forth.
Check your dive computer app regularly during a dive. If you believe that there is a problem with any software function, follow the emergency procedures provided by your certified dive training agency to immediately end the dive and safely ascend. Call Oceanic Customer Support for help.
DO NOT DIVE WITH A GAS IF YOU HAVE NOT PERSONALLY VERIFIED ITS CONTENTS AND ENTERED THE ANALYZED VALUE INTO YOUR DIVE COMPUTER APP! Failure to verify tank contents and enter the appropriate gas values where applicable into your dive computer app will result in incorrect dive planning information.
Using a dive planning software is not a substitute for proper scuba diving training. Scuba diving with enriched air has dangers that are not familiar to diver’s scuba diving with air. To scuba dive with Nitrox, divers must have specialized training.
Never exceed the hardware device maximum depth or temperature range.
Always use backup instruments, including a depth gauge, timer or watch when scuba diving or freediving. You should use dive table when scuba diving with this device.
For safety reasons, you should never dive alone. Dive with a designated buddy. You should also stay with others for an extended time after a dive because the potential onset of decompression sickness (DCS) or other illness may be delayed or triggered by surface activities.
Bypassing the deco violation lockout feature on the device can result in an increased risk of DCS, which can result in personal injury or death. Bypass this warning at your own risk.
Violating a required decompression stop may result in serious injury or death. Never ascend above the displayed decompression stop depth.
Always perform a safety stop at the displayed stop depth, even if no decompression stop is required.
This dive computer app has bugs. Dive computer bugs are inherent to any software or app and do exist we just haven’t found them all yet. We recommend using a secondary computer or tables as these bugs could affect critical information.
Do not depend on your dive computer app as it could fail. Always have a plan on how to handle failures and use backup devices or dive tables. Automatic systems are no substitute for proper dive knowledge and adequate training.
We always recommend activating your app manually before each dive to confirm the dive settings and battery status.
All alarm systems share common weaknesses. They can alarm when no error condition exists (false positive), or they can fail to alarm when a real error condition occurs (false negative). Always monitor your critical dive data during the dive. Failure to do so could result in serious personal injury or death.
Always ensure your iPhone is connected to the Oceanic+ Dive Housing prior to diving.
Always ensure your iPhone and Oceanic+ Dive Housing are fully charged prior to diving.
Always confirm that the Oceanic+ Dive Housing is protected by using the automatic vacuum sealing system.
Never take apart the Oceanic+ Dive Housing. If you believe there is an issue with the Oceanic+ Dive Housing, discontinue use and contact Oceanic technical support for assistance.
Do not leave the Oceanic+ Dive Housing exposed to a heat source or store it in high temperatures (e.g., in a locked car parked in the sun).
Never exceed the minimum or maximum operating temperature of your iOS device.
Be sure to charge your Oceanic+ Dive Housing if not being used for long periods of time. (e,g., between dive trips) to avoid damage to the battery. Never attempt to remove or disassemble the Oceanic+ Dive Housing to access the battery as this could damage the electronics.
To avoid leaks, the O-rings should be checked to ensure that they are free from any dirt, sand, hair, and dust every time before using the Oceanic+ Dive Housing. Use a soft cloth to clean the O-rings if required. The O-rings should also be carefully checked for cracks or blemishes. Gently and evenly apply a thin coat of grease to the entire O-rings regularly to prolong O-ring life. Be careful not to scratch the O-ring’s surface. If cracks or blemishes occur, the O-rings should be replaced immediately, otherwise, they should be replaced based on the service interval period.
Do not open the Oceanic+ Dive Housing, vacuum port, or attempt to depressurize the housing while in the water. Doing so could flood and/or damage the housing and your secondary electronics.
Wash the exterior of the Oceanic+ Dive Housing thoroughly with clean fresh water immediately after use. Soaking the housing in fresh water will help to remove salt deposits prior to storage.
Do not use harsh chemicals to clean the housing as those could damage the plastic housing.
When drying always use a soft, clean towel to avoid scratching the glass lens or clear polycarbonate.
Please ensure the Oceanic+ Dive Housing is dry before opening. Allowing water to contact the internals of the device may cause damage to the device.
Do not disassemble, modify, remanufacture, puncture, or damage the Oceanic+ Dive Housing.
Term, Termination and Transfer. This Agreement is effective upon your clicking “I ACCEPT”. You may terminate this Agreement by deleting the Software. This Agreement will also terminate if you fail to comply with any of the terms of this Agreement. In addition to Huish enforcing any of its legal rights, you shall then promptly delete the Software. Huish may terminate this Agreement by disabling the software at any time for any reason including, but not limited to, if Huish finds that you have violated any of the terms of this Agreement or that you have attempted to exceed the licensed uses in any way. Termination is in addition to and not in lieu of any other remedies available to Huish. All provisions relating to property rights shall survive termination. You are not authorized to transfer your rights under this Agreement.
User Data. Licensee understands and agrees that any user data generated by Licensee’s use of the Software including, but not limited to, dive logs, information downloaded from Licensee’s dive computer and other user data may be transmitted to or accessed by Huish. Licensee agrees that Huish shall not be liable to Licensee for any lawsuits, actions, claims, or causes of action for injuries, death or damages to his/her person or property, in relation to Huish having access to any of licensee’s user data. Huish shall have no duty to warn licensee or any third party of any information transmitted to or that Huish shall have access to as the result of licensee’s use of the Software.
U.S. GOVERNMENT RESTRICTED RIGHTS NOTICE:
U.S. Government Restricted Rights Notice. The Software is a “commercial item,” as that term is defined at 48 C.F.R. 2.101 (Oct 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.72024 (June 1995), all U.S. Government End Users shall acquire the Software with only those rights set forth herein. Manufacturer is Huish, 1540 N 2200 W Salt Lake City Utah 84116.
Severability. In the event that any provision of this Agreement is declared or found to be illegal by any court or tribunal of competent jurisdiction, such provision shall be null and void with respect to the jurisdiction of that court or tribunal and all the remaining provisions of this Agreement shall remain in full force and effect.
Other. This Agreement contains the complete understanding between the parties and supersedes and replaces any prior or contemporaneous agreement or understanding, whether oral or written, with respect to its subject matter.
This Agreement shall be governed by the laws of the State of Utah, USA. Any action relating to this Agreement shall be brought in federal or state court in Utah, USA and the parties consent to the personal jurisdiction of either such court.
Any mediation, suit or other proceeding must be filed within one (1) year of the date of any accident, incident, or occurrence upon which the claim for relief is based. Licensee agrees and acknowledges that the terms and conditions of this Agreement shall continue in force and effect now and in the future and all times during which Licensee uses the Software and/or the dive computer, and shall be binding upon my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf.
Acknowledgement. BY CLICKING “ACCEPT”, YOU SHALL BE DEEMED TO HAVE ACKNOWLEDGED THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN YOU AND HUISH CONCERNING THE SUBJECT MATTER HEREOF WHICH SUPERSEDES ANY PROPOSALS OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. NO AMENDMENT TO THIS AGREEMENT SHALL BE EFFECTIVE UNLESS SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF HUISH.
I have read, understand the information above, and agree to same and wish to download the designated software.
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