Ecobee Smart Si User Manual - page 41
LICENSEE. For certainty, this EULA does not apply to or govern LICENSEE’s use of or
access to the ecobee Web Portal or the ecobee Product, which are each governed
by and subject to separate terms and conditions.
4. Permitted Use: Pursuant to the Software license granted to LICENSEE under this EULA,
LICENSEE shall be permitted to: (a) use the Software embedded in the Product for
the purposes of using the Product only as intended and contemplated by the
User Manual, provided that the Software may only be used for its personal and
private use in connection with the use of the Product; and (b) use the User Manual
provided by ecobee solely as is necessary to operate and use the Software and
ecobee Product as and to the extent permitted thereunder and under this EULA.
5. License Transferable: This EULA shall be binding upon and shall ensure to the
benefit of and be enforceable by each of the parties, their respective successors and
permitted assigns. LICENSEE may assign this EULA without the prior consent of
ecobee. ecobee may assign this EULA without the consent of LICENSEE at any time.
6. Copy Restrictions: Unauthorized copying or distribution of Software or the User
Manual is expressly prohibited. LICENSEE may make a reasonable number of copies
of the User Manual to the extent reasonably required for its use of the Software and
Product as permitted by this EULA; provided that LICENSEE may not use the User
Manual separately from the Product or Software or for any purpose other than as
contemplated herein.
7. Use Restrictions: LICENSEE may not: (a) modify, adapt or otherwise change the
Software or in any way remove the Software from the Product for any reason or
use the Software separately from the Product for any reason or purpose; (b) to the
maximum extent permitted to be restricted by applicable law, reverse engineer,
decompile, disassemble, or otherwise in any manner deconstruct all or any part of the
Software; (c) create derivative works based on the Software or the User Manual; (d)
except as expressly permitted by the EULA, provide, disclose, sublicense, distribute,
transfer, assign or otherwise permit any third party to access, use, read or otherwise
gain access to the Software or User Manual (the Software and User Manual being the
confidential information of ecobee); or (e) use Software to access or in conjunction
with any other thermostat monitoring services or products of any ecobee competitor.
8. Support: ecobee may in its discretion, without any obligation to do so and subject
to the limitations of this EULA, provide LICENSEE with help-desk telephone
support concerning LICENSEE’s use of the SOFTWARE to the extent provided for
in the Product Terms of Sale in connection with purchase and sale of the Product
and the Terms of Service entered into by you and ecobee, if any, in connection
with the thermostat monitoring and data management services provided by
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