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 circumstances 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 contemporaneous 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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