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.
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
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Summary of Contents for Smart Si
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