
6.
Copy Restrictions
: Unauthorized copying or distribution of Software or the User
Manual is expressly prohibited. LICENSEE may make a reasonable number of copies
of the User Manual to the extent reasonably required for its use of the Software and
Product as permitted by this EULA; provided that LICENSEE may not use the User
Manual separately from the Product or Software or for any purpose other than as
contemplated herein.
7.
Use Restrictions
: LICENSEE may not: (a) modify, adapt or otherwise change the
Software or in any way remove the Software from the Product for any reason or
use the Software separately from the Product for any reason or purpose; (b) to the
maximum extent permitted to be restricted by applicable law, reverse engineer,
decompile, disassemble, or otherwise in any manner deconstruct all or any part of the
Software; (c) create derivative works based on the Software or the User Manual; (d)
except as expressly permitted by the EULA, provide, disclose, sublicense, distribute,
transfer, assign or otherwise permit any third party to access, use, read or otherwise
gain access to the Software or User Manual (the Software and User Manual being the
confidential information of ecobee); or (e) use Software to access or in conjunction
with any other thermostat monitoring services or products of any ecobee competitor.
8.
Support
: ecobee may in its discretion, without any obligation to do so and subject
to the limitations of this EULA, provide LICENSEE with help-desk telephone
support concerning LICENSEE’s use of the SOFTWARE to the extent provided for
in the Product Terms of Sale in connection with purchase and sale of the Product
and the Terms of Service entered into by you and ecobee, if any, in connection
with the thermostat monitoring and data management services provided by
ecobee in connection with the Product. Refer to the Product Terms of Sale and/or
the Terms of Service associated with the Product and related services for further
details on Software and Product support.
9.
Relief
: LICENSEE agrees that damages would not be an adequate remedy for any
breach of this EULA affecting or related to a breach or misappropriation of ecobee’
(or its or its third party licensors’) intellectual property rights in and to the Software
and User Manual. LICENSEE, and nothing in this EULA, shall interfere with, delay,
obstruct, or prevent ecobee from taking, or require ecobee to take, any steps prior to
taking action to seek an interim and interlocutory equitable remedy on notice or ex
parte to enforce any provision herein to protect its rights concerning the Software or
other intellectual or proprietary rights. LICENSEE agrees not to contest, object to, or
otherwise oppose an application for equitable relief by ecobee in such circumstances
and LICENSEE waives any and all immunities from any equitable relief to which it may
be entitled. Any such relief or remedy shall not be exclusive, but shall be in addition
to all other available legal or equitable remedies. LICENSEE agrees that the
provisions of this Section are fair and reasonable and are necessary to protect ecobee’
intellectual property rights.
10.
Termination
: This EULA is effective until and unless terminated. Subject to
Section 13, this EULA will terminate automatically if LICENSEE fails to comply with
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