User's Manual

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gain access to the Software or User Manual (the Software and User Manual being the
con dential 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: ClimateMaster or its agents will provide technical support for the product.
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 a ecting 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 e ective 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) ClimateMaster 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 bene t 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