Ecobee SMART THERMOSTAT User Manual - page 18
End User Software License Agreement
Please read the following carefully, as this end user software
license agreement (“EULA”) is a legal agreement between ecobee
Inc., having its place of business at 333 Adelaide Street West, 6th
floor, Toronto, ON, M5V 1R5 Canada, (“ecobee”) and you (either
an individual or the entity that you represent and referred to in
this agreement as “licensee”), The original purchaser of ecobee
product (The “product” or “products”) embedded with ecobee
proprietary software (the “software”) concerning licensee’s limited
access to and use of the software. By using the product (including
the software embedded in the product), you are indicating your
acceptance of, and you agree to be bound by the terms and
conditions of this EULA which shall govern your access and use of
the software. If you do not agree with the terms and conditions
of this EULA, your access to and use of the software will not be
permitted and you may, within fourteen days of the date of your
purchase if the ecobee product, return the software together
with the product in its original packaging and sale condition to:
(a) ecobee if you have purchased the ecobee product directly
from ecobee or; (b) to an ecobee authorized reseller or distributor
if you have purchased the ecobee product from such entities, and
ecobee or its authorized reseller or distributor as applicable shall
provide a fill refund of the purchase price paid within fourteen
days of its receipt of the return.
In consideration of the license fees paid by LICENSEE as part
of the purchase price of the ecobee Product and the mutual
covenants contained herein and for other good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, ecobee and LICENSEE agree as follows:
1. Definitions: For the purpose of this EULA, the following
terms shall have the meanings hereinafter provided:
“ecobee Web Portal” means the web site portal operated
by ecobee to provide certain services and functionality to
registered users of ecobee Products.
“Error” means any program defect, error, bug or other failure
of all or part of the Software that results in the Software
not conforming to, or performing in accordance with, its
published specifications.
“Software” means ecobee’s computer software program,
which enables data upload and download to and from the
ecobee Web Portal using an ecobee Product, including any
Software Updates.
“User Manual” means the ecobee User Manual provided
together with the Product and Software.
“Software Updates” means updates or patches to the
Software, including updates intended to correct Errors
and which may include enhancements and/ore additional
features to the Software, as may be provided or released by
ecobee from time to time to all of its customers at no charge.
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2. Ownership of Software: LICENSEE acknowledges and agrees
that, save and except for the Software license explicitly
granted by the EULA, all right, title and interest in and to
the Software and the User Manual is the sole and exclusive
property of ecobee and/or its licensors), as the case may be.
ecobee reserves all rights not expressly granted to LICENSEE
hereunder, and for greater certainty, ecobee shall retain all
intellectual property and other proprietary rights in and to
the Software and the User Manual. Nothing in this EULA shall,
or shall be deemed or construed to, assign, transfer or convey
to LICENSEE any title, rights or interest in or to any intellectual
property, including in or to the Software or User Manual, other
than the licenses specifically and expressly granted herein.
3. Grant of Limited License: Upon LICENSEE’s use of the Product
(and corresponding acceptance of the terms and conditions of
this EULA), ecobee hereby grants to LICENSEE a limited, non-
exclusive, personal, perpetual, non-transferable and revocable
license to use the Software embedded in the Product as and
to the extent described in this EULA for as long as LICENSEE
complies with the terms and condition of this EULA. ecobee
reserves all rights not expressly granted to 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.
End User Software License Agreement
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