Daikin ENVi User Manual page 42

Product, which are each governed by and subject to separate terms and conditions.
4. Permitted Use: Pursuant to the Software license granted to LICENSEE under this EULA, LICENSEE
shall be permitted to: (a) use the Software embedded in the Product for the purposes of using the
Product only as intended and contemplated by the User Manual, provided that the Software may
only be used for its personal and private use in connection with the use of the Product; and (b)
use the User Manual provided by ecobee and Daikin solely as is necessary to operate and use the
Software and product as and to the extent permitted thereunder and under this EULA.
5. License Transferable: This EULA shall be binding upon and shall inure to the benefit of and be
enforceable by each of the parties, their respective successors and permitted assigns. LICENSEE may
assign this EULA without the prior consent of ecobee. ecobee may assign this EULA without the
consent of LICENSEE at any time.
6. Copy Restrictions: Unauthorized copying or distribution of Software or the User Manual is expressly
prohibited. LICENSEE may make a reasonable number of copies of the User Manual to the extent
reasonably required for its use of the Software and Product as permitted by this EULA; provided that
LICENSEE may not use the User Manual separately from the Product or Software or for any purpose
other than as contemplated herein.
7. Use Restrictions: LICENSEE may not: (a) modify, adapt or otherwise change the Software or in
any way remove the Software from the Product for any reason or use the Software separately from
the Product for any reason or purpose; (b) to the maximum extent permitted to be restricted by
applicable law, reverse engineer, decompile, disassemble, or otherwise in any manner deconstruct all
or any part of the Software; (c) create derivative works based on the Software or the User Manual; (d)
except as expressly permitted by the EULA, provide, disclose, sublicense, distribute, transfer, assign
or otherwise permit any third party to access, use, read or otherwise gain access to the Software or
User Manual (the Software and User Manual being the confidential 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: Daikin 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 affecting 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 effective 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.
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