User's Manual

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  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 su ciency of which are hereby acknowledged, ecobee, ClimateMaster and

LICENSEE agree as follows:

1. De 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 speci 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