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
DAMAGES; THEREFORE THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN
CERTAIN CIRCUMSTANCES. ecobee DISCLAIMS AND SHALL HAVE NO LIABILITY
TO LICENSEE FOR ANY AND ALL ACTS OF THIRD PARTIES. NO OTHER PERSON IS
AUTHORIZED TO EXTEND, VARY OR TRANSFER ANY PROVIDED WARRANTY ON
BEHALF OF ecobee. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE
AND USE OF THE SOFTWARE, SOFTWARE DOCUMENTATION AND ANY PROVIDED
SUPPORT IS ASSUMED BY LICENSEE.
12. Limitation: IN NO EVENT AND TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW SHALL ECOBEE, ITS SHARE-HOLDERS, AFFILIATES, CONTRACTORS,
SUPPLIERS AND AGENTS AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND
EMPLOYEES (COLLECTIVELY THE “ECOBEE PARTIES”) BE LIABLE TO LICENSEE OR ANY
THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES (INCLUDING WITH RESPECT TO LOSS OF, OR DAMAGE
TO, DATA OR COMPUTER SYSTEMS OR RELIANCE ON ANY DATA DERIVED FROM
LICENSEE’S USE OF THE SOFTWARE, OR LOSS OF REVENUE OR PROFIT OR OTHER
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