Ecobee 3 smarter wi-fi thermostat User Manual - page 39
39
ecobee in connection with the Product. Refer to the Product
Terms of Sale and/or the Terms of Service associated with the
Product and related services for further details on Software and
Product support.
9. Relief: LICENSEE agrees that damages would not be an
adequate remedy for any 36 breach of this EULA affecting or
related to a breach or misappropriation of ecobee’s (or its or its
third party licensors’) intellectual property rights in and to the
Software and User Manual. LICENSEE, and nothing in this EULA,
shall interfere with, delay, obstruct, or prevent ecobee from
taking, or require ecobee to take, any steps prior to taking
action to seek an interim and interlocutory equitable remedy on
notice or ex parte to enforce any provision herein to protect its
rights concerning the Software or other intellectual or
proprietary rights. LICENSEE agrees not to contest, object to, or
otherwise oppose an application for equitable relief by ecobee
in such circumstances and LICENSEE waives any and all
immunities from any equitable relief to which it may be entitled.
Any such relief or remedy shall not be exclusive, but shall be in
addition to all other available legal or equitable remedies.
LICENSEE agrees that the provisions of this Section are fair and
reasonable and are necessary to protect ecobee’ intellectual
property rights.
10. Termination: This EULA is effective until and unless
terminated. Subject to Section 13, this EULA will terminate
automatically if LICENSEE fails to comply with any provision of
the License. If LICENSEE is a business entity or other entity, any
failure to comply with the terms and condition of this EULA by
any individual employed or engaged by such entity will be
deemed a failure to comply by LICENSEE. Upon any termination,
LICENSEE shall destroy all copies of Software and User Manual.
11. Warranty: (a)ecobee shall provide its standard Product and
Software limited warranty statement (“Customer Warranty”),
which equally applies to the Software embedded in the
Product, and which is incorporated by reference herein, with
the Product for your benefit only. In the event of an Error in
connection with the Software, refer to the Customer Warranty
and Terms
of Sale provided with the Product for further detail. (b) EXCEPT
FOR THE REPRESENTATIONS, WARRANTIES, AND COVENANTS
EXPRESSLY CONTAINED
IN THIS EULA, THE PRODUCT TERMS OF SALE AND THE PRODUCT
WARRANTY, THE SOFTWARE AND SOFTWARE DOCUMENTATION
AND ANY SUPPORT IS PROVIDED ON AN “AS IS” BASIS, AND
THERE ARE NO OTHER REPRESENTATIONS, WARRANTIES,
COVENANTS, OR CONDITIONS, EXPRESS OR IMPLIED (INCLUDING
ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE
QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE
ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE
OF DEALING OR USAGE OF TRADE), INCLUDING, BUT NOT LIMITED
TO, NON-INFRINGEMENT, CORRECTNESS, FUNCTIONALITY,
RELIABILITY, ACCURACY, CURRENTNESS, OPERATION, USE
OR THE RESULTS OF THE USE BY LICENSEE, THAT THE OPERATION
OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE (OR
THAT ALL ERRORS CAN OR WILL BE CORRECTED) OR THAT THE
SOFTWARE OR SOFTWARE DOCUMENTATION WILL MEET
LICENSEE’S REQUIREMENTS, ALL OF WHICH ARE EXPRESSLY
DENIED AND DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED
BY LAW. SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS ON
OR EXCLUSIONS OF CERTAIN IMPLIED WARRANTIES, OR THE
EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES; THEREFORE THE ABOVE LIMITATIONS MAY NOT APPLY
TO YO U IN CERTAIN CIRCUMSTANCES. ecobee DISCLAIMS AND
SHALL HAVE NO LIABILITY TO LICENSEE FOR ANY AND ALL ACTS
OF THIRD PARTIES. NO OTHER PERSON IS AUTHORIZED TO EXTEND,
VARY OR TRANSFER ANY PROVIDED WARRANTY ON BEHALF OF
ecobee. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE
AND USE OF THE SOFTWARE, SOFTWARE DOCUMENTATION AND
ANY PROVIDED SUPPORT IS ASSUMED BY LICENSEE.
12. Limitation: IN NO EVENT AND TO THE MAXIMUM EXTENT
PERMITTED UNDER APPLICABLE LAW SHALL ECOBEE, ITS SHARE-
HOLDERS, AFFILIATES, CONTRACTORS, SUPPLIERS AND AGENTS