ClimateMaster iGate Connect, Руководство по установке

Страница: 37 / 42

33
End User Software License Agreement
The software for your thermostat device is provided by ClimateMaster, Inc.
(“ClimateMaster”) 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
St West, Suite 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 ClimateMaster 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 product, return the software together with the product
in its original packaging and sale condition to: (a) ClimateMaster if you have purchased
the product directly from ClimateMaster or; (b) to a ClimateMaster authorized reseller
or distributor if you have purchased the product from such entities, and ClimateMaster
or its authorized reseller or distributor as applicable shall provide a fi ll 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 suffi
ciency of which are hereby acknowledged, ecobee, ClimateMaster and
LICENSEE agree as follows:
1. Defi nitions: 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 specifi cations. “Software” means ecobee’s computer software program,
which enables data upload and download to and from the Web Portal using an
product, including any Software Updates. “User Manual” means the ClimateMaster
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