Ecobee Smart Si, Руководство пользователя

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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
any provision of the License. If LICENSEE is a business entity or other entity, any
failure to comply with the terms and condition of this EULA by any individual
employed or engaged by such entity will be deemed a failure to comply by
LICENSEE. Upon any termination, LICENSEE shall destroy all copies of Software
and User Manual.
11.
Warranty
: (a)ecobee shall provide its standard Product and Software limited
warranty statement (“Customer Warranty”), which equally applies to the
Software embedded in the Product, and which is incorporated by reference
herein, with the Product for your benefit only. In the event of an Error in
connection with the Software, refer to the Customer Warranty and Terms
of Sale provided with the Product for further detail. (b) EXCEPT FOR THE
REPRESENTATIONS, WARRANTIES, AND COVENANTS EXPRESSLY CONTAINED
IN THIS EULA, THE PRODUCT TERMS OF SALE AND THE PRODUCT WARRANTY,
THE SOFTWARE AND SOFTWARE DOCUMENTATION AND ANY SUPPORT IS
PROVIDED ON AN “AS IS” BASIS, AND THERE ARE NO OTHER REPRESENTATIONS,
WARRANTIES, COVENANTS, OR CONDITIONS, EXPRESS OR IMPLIED (INCLUDING
ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY OR
FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR
OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE),
INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, CORRECTNESS,
FUNCTIONALITY, RELIABILITY, ACCURACY, CURRENTNESS, OPERATION, USE
OR THE RESULTS OF THE USE BY LICENSEE, THAT THE OPERATION OF THE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE (OR THAT ALL ERRORS
CAN OR WILL BE CORRECTED) OR THAT THE SOFTWARE OR SOFTWARE
DOCUMENTATION WILL MEET LICENSEE’S REQUIREMENTS, ALL OF WHICH ARE
EXPRESSLY DENIED AND DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY
LAW. SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS ON OR EXCLUSIONS OF
CERTAIN IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN
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