Ecobee Smart Si, User Manual

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DAMAGES; THEREFORE THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN
CERTAIN CIRCUMSTANCES. ecobee DISCLAIMS AND SHALL HAVE NO LIABILITY
TO LICENSEE FOR ANY AND ALL ACTS OF THIRD PARTIES. NO OTHER PERSON IS
AUTHORIZED TO EXTEND, VARY OR TRANSFER ANY PROVIDED WARRANTY ON
BEHALF OF ecobee. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE
AND USE OF THE SOFTWARE, SOFTWARE DOCUMENTATION AND ANY PROVIDED
SUPPORT IS ASSUMED BY LICENSEE.
12.
Limitation
: IN NO EVENT AND TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW SHALL ECOBEE, ITS SHARE-HOLDERS, AFFILIATES, CONTRACTORS,
SUPPLIERS AND AGENTS AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND
EMPLOYEES (COLLECTIVELY THE “ECOBEE PARTIES”) BE LIABLE TO LICENSEE OR ANY
THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES (INCLUDING WITH RESPECT TO LOSS OF, OR DAMAGE
TO, DATA OR COMPUTER SYSTEMS OR RELIANCE ON ANY DATA DERIVED FROM
LICENSEE’S USE OF THE SOFTWARE, OR LOSS OF REVENUE OR PROFIT OR OTHER
ECONOMIC LOSS) OF ANY KIND OR NATURE WHATSOEVER SUFFERED BY LICENSEE
OR ANY THIRD PARTY HOWSOEVER CAUSED AND WHETHER RESULTING FROM
THE USE OF OR INABILITY TO USE THE SOFTWARE OR OTHERWISE (INCLUDING
AS A RESULT OF OR DUE TO USE OF OR RELIANCE ON THE SOFTWARE AND/OR
ecobee WEB PORTAL) AND REGARDLESS OF THE FORM OR CAUSE OF ACTION,
EVEN IF SUCH DAMAGES ARE FORESEEABLE OR ecobee HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. ECOBEE PARTIES’ TOTAL LIABILITY
AND OBLIGATION TO LICENSEE, IN THE AGGREGATE FOR ANY AND ALL CLAIMS
ARISING OUT OF OR IN ANY CONNECTION WITH THIS EULA, THE TERMS OF SALE
IN CONNECTION WITH YOUR PURCHASE OF THE PRODUCT AND YOUR USE OF
THE SOFTWARE AND PRODUCT, WITH RESPECT TO ANY EXPENSE, DAMAGE, LOSS,
INJURY, OR LIABILITY OF ANY KIND, REGARDLESS OF THE FORM OF ACTION OR
THEORY OF LIABILITY (INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE,
BY STATUTE OR OTHERWISE) SHALL BE LIMITED TO THE ACTUAL DIRECT DAMAGES
SUFFERED AND SHALL NOT EXCEED AN AMOUNT THAT IS EQUIVALENT TO THE
PURCHASE PRICE OF THE ecobee PRODUCT ACTUALLY PAID BY LICENSEE. THIS
SECTION SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR
FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT.
13. Survival : The parties acknowledge and agree that the provisions of Sections 2, 6,
7, 9, 11(b), 12, 13, 14, 15, 16 and 17 shall survive any termination of this EULA for
any reason.
14. English Language : The parties declare that they have required that this agreement
and all documents related hereto, either present or future, be drawn up in the
English language only. Les parties déclarent par les présentes qu’elles exigent que
cette entente et tous les documents y afférents, soit pour le présent ou le futur,
soient rédigés en langue anglaise seulement.
15. Jurisdiction : This EULA shall be exclusively governed by, construed and interpreted
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