END USER SOFTWARE LICENSE
AGREEMENT
The software for your thermostat device is provided to Daikin AC (Americas), Inc. (“Daikin”) under
license from ecobee, Inc., and your use is governed by the following terms:
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 Street West, Suite
210, Toronto, ON, M5V 3E7 Canada, (“ecobee”), Daikin, having its place of business at 1645 Wallace
Drive, Suite 110, Carrollton, TX, 75006 United States, and you (either an individual or the entity
that you represent and referred to in this agreement as “licensee”), the original purchaser of Daikin
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
of the Product, return the Software together with the Product in its original packaging and sale
condition to: (a) Daikin if you have purchased the Product directly from Daikin or; (b) to a Dakin
authorized reseller or distributor if you have purchased the Product from such entities, and Daikin or
its authorized reseller or distributor as applicable shall provide a 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 Product and the mutual covenants contained herein and for other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
ecobee, Daikin and LICENSEE agree as follows:
1. Definitions: For the purpose of this EULA, the following terms shall have the meanings hereinafter
provided: “Web Portal” means the web site portal operated by ecobee to provide certain services and
functionality to registered users of 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 Web Portal using a product, including any
Software Updates. “User Manual” means the Daikin 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.
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 as provided by ecobee. 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, nonexclusive,
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 Web Portal or the
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