Terms, Conditions and Liability Release

In order to download the demo version or purchase the Departure software collection, you must read, understand, and agree to the following.

Liability Release

This is a binding legal document and releases your right to sue!

Take time to read and understand this document because you are giving up your right to sue and other rights.

In consideration of being allowed to use the Departure software collection, I understand, acknowledge, and agree:

1. That underwater compressed gas diving is an inherently dangerous activity which can lead to injuries, including serious injury, decompression sickness, embolism, other hyperbaric injuries, oxygen toxicity, and death even when a dive is properly planned and carried out, and that an injury may require multiple treatments in a recompression chamber and I may not recover from said injuries;

2. That diving injuries, including but not limited to decompression sickness, can be unpredictable and that no dive is free from the possibility of a dive injury or accident;

3. That no dive table or profile, including those generated by a dive computer or diving software, can eliminate these risks or guarantee they will not occur, and that even very conservative dives and profiles have resulted in serious injury and death to divers;

4. That dives requiring decompression stops may be more hazardous than dives not requiring decompression stops to be performed, and that dives requiring decompression stops require additional training;

5. That I have been trained and certified in the areas I will be diving, including being certified in technical diving if I am going to be performing decompression stop diving;

6. That I am ultimately responsible for my own safety including the degree of conservatism I use during the dive;

7. That I assume all risks in connection with using the Departure software collection, for any harm, injury, or damage that may occur to me, including all risks connected therewith, whether foreseen or unforeseen.

8. That I currently have insurance that covers diving accidents and transportation to medical facilities including recompression chambers, and that I agree to continue to carry said diving insurance while diving using the software programs contained in the Departure software collection;

9. That I have read and understood the manual found on the installation disk of this software and that this manual is not a substitution for training and certification for diving including technical and decompression stop diving;

10. That all information generated by the Departure software collection is copyrighted and may not be reproduced in any form or by any means without the prior written permission of Altitude Concepts, Inc.;

11. That I will be the only person to use my Departure software collection;

12. That I release, waive, and forever discharge Altitude Concepts, Inc., Technical & Recreational Divers Support, Inc., and any person or entity involved in the development, making, and/or distribution of the Departure software collection (hereinafter referred to as "DEPARTURE") from any liability or any cause of action whatsoever, including but not limited to active or passive negligence, resulting from personal injury or death sustained while using this software collection;

13. That DEPARTURE does not give any warranties and disclaims all warranties for the Departure software collection, including any implied warranties of fitness for a particular purpose or of merchantability, and that I waive all warranties for the Departure software collection including any implied warranties of fitness for a particular purpose or of merchantability;

14. That I will not sue DEPARTURE for any claim, cause of action, injury or death or other damages to me, my family, heirs, executors or assigns and I agree that my family, heirs, executors or assigns are also prevented from suing DEPARTURE on my behalf and/or as individuals;

15. That I will indemnify and hold harmless DEPARTURE from any and all claims or losses that may be initiated by me, my family, estate, heirs, assigns, or any other person or entity on my behalf. This indemnity and hold harmless obligation includes reimbursement of all legal costs and attorneys fees incurred by DEPARTURE for the defense of any such actions that may arise directly or indirectly from my use of the Departure software collection;

16. That any and all claims against DEPARTURE not effectively released or waived by this Agreement will be brought in the County of Washoe, State of Nevada and that I waive my right to a jury trial;

17. That any claim(s) I bring against DEPARTURE will be filed within six (6) months after the date giving rise to the cause of action or claim(s) and that service of process of said causes of action and claims must occur within one (1) month after said lawsuit is filed, and that no cause of action may be brought in any court after said six (6) months has elapsed;

18. That this Agreement is a binding legal document and I acknowledge that it will be used in court if any action is initiated by me or any other person on my behalf;

19. That if any part of this Agreement is determined to be void or unenforceable, the remaining provisions shall remain in effect;

20. That this Agreement shall be governed by and construed in accordance with the laws of the state of Nevada;

21. That I am over the age of eighteen and of legal age and legally competent to sign this Liability Release, or that I have the written consent of my parent or guardian;

22. That the terms of this Liability Release are contractual and not a mere recital, and that I have signed this document of my own free will;

23. That I have consulted with an attorney regarding this Liability Release document and understand the contents of this document or knowingly waive this right to have an attorney review this document prior to signing it; and

24. That this Agreement cannot be modified unless in writing and signed by myself and an authorized representative of Altitude Concepts, Inc.

25. That I will check for updates at least once every thirty (30) days at www.diverssupport.com to make sure that I am using the latest version of this software.

I have read, understood and agree to the above statements and liability release.