Daikin ENVi User Manual page 44

afférents, soit pour le présent ou le futur, soient rédigés en langue anglaise seulement.
15. Jurisdiction: This EULA shall be exclusively governed by, construed and interpreted in accordance
with the substantive laws of the United States and the state of Texas.. For the purpose of all legal
proceedings this EULA shall be deemed to have been performed in the state of Texas and the parties
expressly confirm that the laws of the United States and Texas are the proper laws. If Customer is
located in a jurisdiction other than the USA or Canada, the parties agree that neither the United
Nations Convention of the International Sale of Goods or the (U.S.) Uniform Computer Information
Transactions Act shall apply to this EULA. The parties irrevocably agree to be bound to the
nonexclusive jurisdiction by the state and federal courts of Texas in respect of all matters and disputes
arising hereunder. The parties waive all right to trial by jury in any action, proceeding or counterclaim
(whether based upon contract, tort or otherwise) related to arising out of EULA or the relationship of
LICENSEE to Daikin and ecobee.
16. Export Law Assurances: LICENSEE acknowledges that the Software may be subject to export and
import control laws, and agrees to comply fully with those laws in connection with the Software.
17. General Provisions: No delay or omission by ecobee to exercise any right or power it has under
this EULA or to object to the failure of any covenant of LICENSEE to be performed in a timely and
complete manner, shall impair any such right or power or be construed as a waiver of any succeeding
breach or any other covenant. Any waivers by ecobee must be in writing and signed by an authorized
representative of ecobee. If any provision of this EULA is held by a court of competent jurisdiction
to be invalid or unenforceable in any respect, then the remaining provisions of this EULA, or the
application of such provisions to persons or circumstances other than those as to which it is invalid or
unenforceable shall not be affected thereby, and each such provision of this EULA shall be valid and
enforceable to the extent granted by law. The EULA constitutes the entire agreement between the
parties as it relates to the license and use of the Software and User Manual and the subject matter of
this EULA and supersedes all prior or contemporaneous agreements, negotiations, representations
and proposals, written or oral between ecobee and LICENSEE. The EULA may only be amended or
supplemented by written agreement executed by each of the parties.
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