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for a particular purpose, are limited to the three-year duration
of this limited warranty. No warranties, whether express or
implied, will apply after the limited warranty period has expired.
Some
US states and Canadian provinces do not allow limitations on
how long an implied warranty lasts, so this limitation may not
apply.
ecobee neither assumes responsibility for nor authorizes any
other person purporting to act on its behalf to modify or to
change this warranty, nor to assume for it any other warranty or
liability concerning this product.
This warranty gives you specific rights, and you may also have
other rights which vary from jurisdiction to jurisdiction. If you
have any questions regarding this warranty, please write
ecobee Customer Service, 477 Richmond St West, 2nd Floor,
Toronto, Ontario, M5V 3E7, Canada.
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 477 Richmond St
West, 2nd Floor, Toronto, Ontario, M5V 3E7, 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 full
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/or 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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