This warranty does not cover removal or reinstallation costs and shall
not apply if the damages were found to be caused by something
other than defects in materials or workmanship, including without
limitation, if the Product:
was operated/stored in abnormal use or maintenance conditions;
is repaired, modied or altered, unless ecobee expressly
authorizes such repair, modication or alteration in writing;
was subject to abuse, neglect, electrical fault, improper
handling, accident or acts of nature;
was not installed by a licensed Heating Ventilating and Air
Conditioning (HVAC) technician; or
was installed improperly.
Ecobee’s sole responsibility shall be to repair or replace the Product
within the terms stated above. ECOBEE SHALL NOT BE LIABLE FOR
ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING, DIRECTLY
OR INDIRECTLY, FROM ANY BREACH OF ANY WARRANTY, EXPRESS OR
IMPLIED, OR ANY OTHER FAILURE OF THIS PRODUCT. Some US states
and Canadian provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion
may not apply to you.
ECOBEE’S RESPONSIBILIT Y FOR MALFUNCTIONS AND DEFECTS
IN MATERIALS AND WORKMANSHIP IS LIMITED TO REPAIR AND
REPLACEMENT AS SET FORTH IN THIS WARRANTY STATEMENT. ALL
EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCT, INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
ARE LIMITED TO THE THREE-YEAR DURATION OF THIS LIMITED
WARRANTY. NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL
APPLY AFTER THE LIMITED WARRANTY PERIOD HAS EXPIRED. Some
US states and Canadian provinces do not allow limitations on how
long an implied warranty lasts, so this limitation may not apply to you.
Ecobee neither assumes responsibility for nor authorizes any other
person purporting to act on its behalf to modify or to change this
warranty, nor to assume for it any other warranty or liability concerning this product.
This warranty gives you specic rights, and you may also have other
rights, which vary from jurisdiction to jurisdiction. If you have any questions regarding this warranty, please write ecobee Customer Service,
333 Adelaide Street West, 6th Floor, Toronto, Ontario M5V 1R5, Canada.
25
26
End User Software License Agreement
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 333
ADELAIDE ST. WEST, 6TH FLOOR, TORONTO, ON, M5V 1R5 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 ECOBEE 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 SOFT WARE. 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 OF THE ecobee PRODUCT, RETURN THE SOFTWARE TOGETHER WITH THE PRODUCT IN ITS ORIGINAL PACKAGING
AND SALE CONDITION TO: (a) ecobee IF YOU HAVE PURCHASED
THE ecobee PRODUCT DIRECTLY FROM ecobee OR; (b) TO AN ecobee
AUTHORIZED RESELLER OR DISTRIBUTOR IF YOU HAVE PURCHASED
THE ecobee PRODUCT FROM SUCH ENTITIES, AND ecobee OR ITS
AUTHORIZED RESELLER OR DISTRIBUTOR AS APPLICABLE SHALL
PROVIDE A FULL 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 ecobee Product and the mutual covenants
contained herein and for other good and valuable consideration, the
receipt and suciency of which are hereby acknowledged, ecobee and
LICENSEE agree as follows:
1. Denitions: For the purpose of this EULA, the following terms shall
have the meanings hereinafter provided:
“ecobee Web Portal” means the web site portal operated
by ecobee to provide certain services and functionality to
registered users of ecobee 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 specications.
“Software” means ecobee’s computer software program,
which enables data upload and download to and from the
ecobee Web Portal using an ecobee Product, including any
Software Updates.