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.
from jurisdiction to jurisdiction. If you have any questions regarding this warranty,
please write ecobee Customer Service, 477 Richmond Street West, #210, 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 Street West, #210, Toronto, ON, 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
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
acknowledged, ecobee and LICENSEE agree as follows:
1.
: 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
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