User's Guide

Term and Termination. This EULA and the license granted hereunder are efective on the date you first

use the Product Software or Product and shall continue for as long as you own the Product, unless this

EULA is terminated under this section. HBI may terminate this EULA at any time if you fail to comply

with any term(s) hereof. You may terminate this EULA efective immediately upon written notice to HBI.

Upon termination of this EULA, the license granted hereunder will terminate and you must stop all use

of the Product Software, but the terms of Sections 2 through 18 (inclusive) will remain in efect, after

any such termination.

Warranty Disclaimer. NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TOTHE MAXIMUM

EXTENT PERMITTED BY APPLICABLE LAW, HBI PROVIDES THE PRODUCT SOFTWARE “AS-IS” AND

DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY,

INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. HBI

DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT SOFTWARE.

HBI MAKES NO WARRANTY THAT THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED, FREE OF

VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. YOU USE ALL PRODUCT

INFORMATION (AS DEFINED BELOW), THE PRODUCT SOFTWARE, AND THE PRODUCT AT YOUR

OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND HBI DISCLAIMS) ANY

AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR HVACSYSTEM, PLUMBING, HOME,

PRODUCT, OTHER PERIPHERALS CONNECTED TO THE PRODUCT, COMPUTER, MOBILE DEVICE,

AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT

INFORMATION, PRODUCT SOFTWARE, OR PRODUCT.

Limitation of Liability. Nothing in this EULA and in particular within this “Limitation of Liability” clause

shall attempt to exclude liability that cannot be excluded under applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WAR-

RANTY DISCLAIMERS, IN NO EVENT WILL (A) HBI BE LIABLE FOR ANY CONSEQUENTIAL, EXEM-

PLARY,SPECIAL,OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOSTDATAOR LOST

PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR PRODUCT SOFTWARE, EVEN IF HBI

KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) HBI’ TOTAL

CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND PRODUCT SOFT-

WARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID

BY YOU TO HBI OR HBI’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12

MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXIS-

TENCE OF MORE THAN ONE INCIDENT OR CLAIM. HBI DISCLAIMS ALL LIABILITY OF ANY KIND OF

HBI’ LICENSORS AND SUPPLIERS.

Limitations of Product Software. YOU ACKNOWLEDGE THAT THE PRODUCTS AND PRODUCT

SOFTWARE ARE NOT A MEDICAL DEVICE OR AN EMERGENCY NOTIFICATION SYSTEM. HBI makes

no warranty or representation that the use of the Products or Product Software (with or without any

third-party product or service) constitutes medical treatment. You understand and acknowledge

that HBI’s Products or Product Software will not dispatch emergency authorities in the event of an

emergency. Furthermore, HBI’s Customer Care and Support contacts cannot be considered a medi-

cal resource. If you have an emergency or a medical concern, it is your responsibility to seek medical

assistance.