
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
LICENSEE. For certainty, this EULA does not apply to or govern LICENSEE’s use of or
access to the ecobee Web Portal or the ecobee Product, which are each governed
by and subject to separate terms and conditions.
4.
Permitted Use
: Pursuant to the Software license granted to LICENSEE under this EULA,
LICENSEE shall be permitted to: (a) use the Software embedded in the Product for
the purposes of using the Product only as intended and contemplated by the
User Manual, provided that the Software may only be used for its personal and
private use in connection with the use of the Product; and (b) use the User Manual
provided by ecobee solely as is necessary to operate and use the Software and
ecobee Product as and to the extent permitted thereunder and under this EULA.
5
. License Transferable
: This EULA shall be binding upon and shall ensure to the
benefit of and be enforceable by each of the parties, their respective successors and
permitted assigns. LICENSEE may assign this EULA without the prior consent of
ecobee. ecobee may assign this EULA without the consent of LICENSEE at any time.
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