Ecobee SMART THERMOSTAT User Manual - page 18
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apply to this EULA. The parties irrevocably attorn to the non-exclu-
sive jurisdiction of the Courts of the Province of Ontario in respect
of all matters and disputes arising hereunder.
16. Export Law Assurances: LICENSEE acknowledges that the Software
may be subject to export and import control laws, and agrees to
comply fully with those laws in connection with the Software.
17. General Provisions: No delay or omission by ecobee to exercise
any right or power it has under this EULA or to object to the
failure of any covenant of LICENSEE to be performed in a timely
and complete manner, shall impair any such right or power or
be construed as a waiver of any succeeding breach or any other
covenant. Any waivers by ecobee must be in writing and signed
by an authorized representative of ecobee. If any provision of this
EULA is held by a court of competent jurisdiction to be invalid or
unenforceable in any respect, then the remaining provisions of this
EULA, or the application of such provisions to persons or circum-
stances other than those as to which it is invalid or unenforceable
shall not be affected thereby, and each such provision of this EULA
shall be valid and enforceable to the extent granted by law. The EULA
constitutes the entire agreement between the parties as it relates
to the license and use of the Software and User Manual and the
subject matter of this EULA and supersedes all prior or contempo-
raneous agreements, negotiations, representations and proposals,
written or oral between ecobee and LICENSEE. The EULA may only
be amended or supplemented by written agreement executed by
each of the parties.
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NOTES