Ecobee EB-SmartSiUM-01 Smart Si Thermostat User Manual

Contents hide
1 Ecobee EB-SmartSiUM-01 Smart Si Thermostat
2 GETTING STARTED
3 SMART Si THERMOSTAT BASICS
3.1 Using the Navigation Buttons
4 CONNECTING TO THE INTERNET
4.1 Configuring a Web Portal Account
5 USING YOUR SMART Si THERMOSTAT
5.1 Resetting the Thermostat
5.2 Cleaning the Smart Si Thermostat
6 CONFIGURING YOUR SMART Si THERMOSTAT
6.1 Utility CPP Setting
6.2 Absolute Temperature
6.3 Creating Your Weekly Schedule
7 UNDERSTANDING ALERTS
8 3-Year Limited Warranty
9 Reference

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Ecobee EB-SmartSiUM-01 Smart Si Thermostat

Ecobee-EB-SmartSiUM-01-Smart-Si-Thermostat-PRODUCT

GETTING STARTED

Welcome
ecobee helps homeowners conserve energy, save money and reduce their environmental impact. Our products automate energy conservation, making it comfortable when you are home and saving money when you are not. For more information, visit us at  .
Key features of the Smart Si thermostat:

SMART Si THERMOSTAT BASICS

The Smart Si thermostat has an easy-to-read colour screen that displays all the information you need to set and manage your Smart Si thermostat. Use the navigation buttons on the right to quickly change the temperature, access features, and configure your settings.
What’s on the Home Screen?
Whenever you press a button, the Home screen is displayed.

Ecobee-EB-SmartSiUM-01-Smart-Si-Thermostat-FIG.1

  1. Current Temperature and Humidity
    The current (actual) temperature and humidity in the room where the Smart Si thermostat is installed. You can set the Smart Si thermostat to display Celsius or Fahrenheit. See Temperature Display on page 17.
  2. System Mode
    The current method of temperature control: heat, cool, or auto. See System Mode on page12.
  3. Current Set Point
    The temperature at which the system is programmed to maintain at a particular pointin time.
    Press ▲(up) or ▼(down) to adjust it manually by increments of 1°F (0.5°C). If the system is set to Auto, press ◀(left) or ▶(right) to switch between heat and cool set points.  When you manually adjust the set temperature, you put the system into a Hold mode. See Hold Action on page 18. To return back to the preprogrammed temperature, press OK.
    For maximum savings you should program your Smart Si thermostat to control the temperature automatically. See Creating Your Weekly Schedule on page 27.
  4. Current Time/Date
    Displays the current date and time for your time zone.
  5. Internet Access
    Indicates that the Smart Si thermostat is connected to the Internet. The more bars, the stronger the signal. A chain link indicates communication with the ecobee web servers.

Using the Navigation Buttons

Ecobee-EB-SmartSiUM-01-Smart-Si-Thermostat-FIG.2

The navigation buttons located on the right of the Smart Si thermostat let you select options and control the Smart Si thermostat.

On-Screen Keyboard
If you need to type in any information, an onscreen keyboard will appear. To enter a letter or number, move to the character by pressing the arrow keys and then press OK to select it. Select Ecobee-EB-SmartSiUM-01-Smart-Si-Thermostat-FIG.5to enter capital letters; selectEcobee-EB-SmartSiUM-01-Smart-Si-Thermostat-FIG.6 to enter commonly used symbols. If you make a mistake, pressEcobee-EB-SmartSiUM-01-Smart-Si-Thermostat-FIG.7 to delete the text . To keep your changes, select .Ecobee-EB-SmartSiUM-01-Smart-Si-Thermostat-FIG.8 To cancel your changes, press the BACK button.

Idle Screen
When you are not actively using your Smart Si thermostat, the screen will dim and display the idle screen.Ecobee-EB-SmartSiUM-01-Smart-Si-Thermostat-FIG.9
The Idle screen can show the temperature, time and date, humidity, weather conditions, and operating mode (red for heat, blue for cool). Snowflake and flame icons indicate if cooling or  heating is currently engaged.
Note that you need to connect your Smart Si thermostat to the Internet for the outdoor temperature, outdoor humidity, and weather indicators to function.
To customize the content of the idle screen:
From the Home screen, press MENU. Select Settings ▶ Preferences ▶ Idle Screen From here you can enable/ disable the idle screen, the temperature bubbles, and date/time display.

To view information about your Smart Si thermostat:
From the Home screen, press MENU. Select About.

About Your Smart Si Thermostat
The About menu displays useful information about your Smart Si thermostat, its serial number, and optional information about the contractor who installed it. You may need this information if you are having difficulties or need technical support.
The About page also displays information about your current WiFi configuration. You can use these settings to help troubleshoot Internet connectivity issues.

CONNECTING TO THE INTERNET

Connect your Smart Si thermostat to the Internet so you can control it from your own personalized, secure ecobee Web Portal, smartphone, or tablet.
From the Web Portal, you can:

Setting Up WiFi and Obtaining a Registration Code
The Smart Si thermostat uses your home WiFi network to connect to the Internet. First, enable WiFi on the Smart Si thermostat (see instructions to the right).
The Smart Si thermostat will display a list of available networks, along with an indication of the signal strength (the more bars, the better) and whether encryption is used.
If your home network is not listed, or if the signal strength is very low, try adjusting the antenna on your wireless router. If that doesn’t improve the signal, try moving your router closer to the Smart Si thermostat.
Once your network has been detected, select it from the list. If the network is encrypted, you will be asked to enter a password for that network. This is the password you created when the wireless router was first set up.
After you provide the password, your Smart Si thermostat will automatically connect to the Internet. A chain link on the screen indicates you have established a connection with the ecobee web servers.
Write down the registration code as you will need it when configuring your Web Portal account. You can leave the code displayed on the screen while you continue with the next step.

To set up WiFi:

Having Trouble?
If you are having trouble connecting to the Internet or finding your WiFi network, you may need to configure your network parameters manually. See WiFi on page 26.

Configuring a Web Portal Account

After setting up WiFi on your Smart Si thermostat and obtaining the registration code, you need to configure your Web Portal account.

  1. From a web browser on a PC, visit www.ecobee.com and click on the LOGIN link.
  2. Click REGISTER THERMOSTAT.
  3. Click the Smart Si thermostat.Ecobee-EB-SmartSiUM-01-Smart-Si-Thermostat-FIG.10
  4. Click Create a new account. (If you already have a Web Portal, click Register to an existing account, enter your email address and password, and proceed to step 6).Ecobee-EB-SmartSiUM-01-Smart-Si-Thermostat-FIG.11
  5. Enter your email address and password. Click Create Web Portal.Ecobee-EB-SmartSiUM-01-Smart-Si-Thermostat-FIG.12
  6. Enter the registration code displayed on the Smart Si thermostat. Click Register.
    Note: If you forgot the registration code, select Register Thermostat again from the Smart Si thermostat menu and obtain a new registration code.Ecobee-EB-SmartSiUM-01-Smart-Si-Thermostat-FIG.13
  7. Return to your Smart Si thermostat and select Yes to confirm your email address and complete the registration process. If you made a mistake with your email address, select No and repeat the registration process.Ecobee-EB-SmartSiUM-01-Smart-Si-Thermostat-FIG.14
    Your Smart Si thermostat is now registered. You can now monitor and control your Smart Si thermostat from the Web Portal or from your smartphone or tablet.

Re-registering the Smart Si Thermostat
There are times when you may need to reregister your Smart Si thermostat. For example, if you are a new homeowner who has just moved to a home with an existing Smart Si thermostat. To re-register your Smart Si thermostat, reset the registration and redo the registration process.

To reset your registration:

USING YOUR SMART Si THERMOSTAT

The bright, easy-to-read screen on your Smart Si thermostat makes it simple to review and adjust the settings any time you want.
Adjusting the Temperature
You can easily adjust the temperature without changing the Smart Si thermostat’s programming by pressing the arrow keys when the Home screen is displayed.

Once you’ve adjusted the temperature, the screen indicates that you are currently holding the set temperature rather than running a program.
The Smart Si thermostat will hold the new temperature for the duration you specified in the Hold Action option during the initial setup (see Hold Action on page 15) or until you press OK.
If you are using Auto mode, note that there is a minimum difference allowed between heat and cool set temperatures. The system will prevent you from setting the temperatures to within these limits. See the Smart Si Thermostat Installation Manual for information about configuring the minimum temperature difference settings.

System Mode

To change system mode:

This menu sets your system to use heat, cool, or auto mode:

Fan

To change fan settings:

This menu displays the current furnace fan setting:

Weather Forecast

Displays the current outdoor temperature and weather conditions for your registered location. Note that when you register, it’s important to select your location accurately, as ecobee will use your local weather data to optimize your heating and cooling. You must register your Smart Si thermostat for this feature to operate.

Ecobee-EB-SmartSiUM-01-Smart-Si-Thermostat-FIG.15To view the weather forecast:

Resetting the Thermostat

At some point during the life of the Smart Si thermostat you may want to quickly reconfigure it or restore it to the default state.

Rebooting the Smart Si Thermostat
You can reboot the Smart Si thermostat by pressing the physical hardware reset button, located through an opening in the bottom left corner of the Smart Si thermostat. Rebooting will not alter programming or configuration options.

Ecobee-EB-SmartSiUM-01-Smart-Si-Thermostat-FIG.16

Cleaning the Smart Si Thermostat

You can clean the Smart Si thermostat’s screen by spraying water or any mild, non-abrasive household cleaner on to a clean cloth. Wipe the surface of the screen with the dampened cloth.
Note: Do not spray any liquids directly onto your Smart Si thermostat.

What To Do If You Move
If you move there a few things to consider about your ecobee system:
If you did not activate your personalized Web Portal, you can simply take the Smart Si thermostat with you or leave it in the house. If you already have registered your Smart Si thermostat with ecobee.com, you need to update your Web Portal to reflect your new address.
Leaving It Behind
If you’re moving and are not taking your Smart Si thermostat with you, log onto the Web Portal and select Reset under the Settings tab. Select Reset Registration. This terminates the association between your Smart Si thermostat and your personalized Web Portal (you can also accomplish the same thing by choosing Reset Registration on the Smart Si thermostat itself). You can always add another device for your new home with the same account. The new homeowners will need to register the Smart Si thermostat and set up their own Web Portal.
Taking It With You
If you’re moving and want to take the Smart Si thermostat with you, you’ll need to re-connect it to the Internet and update your location and house information (select My House under the Settings tab).

CONFIGURING YOUR SMART Si THERMOSTAT

This section describes how to configure the personal preferences, temperature settings, and operation of your Smart Si thermostat. There are three key steps:

Configuring Personal Preferences
The Preferences menu has settings for personalizing your Smart Si thermostat.
Name
You can customize the name of your Smart Si thermostat to suit your needs (i.e. Main Floor). This is useful if you have multiple systems or zones. You can view and edit your Smart Si thermostat name in the About menu on your Smart Si thermostat and also in your online Web Portal.
Temperature Display
Select Temperature Display to select Fahrenheit (°F) or Celsius (°C).

To configure personal Preferences:

Date and Time
Select Date & Time to:

Brightness
The color screen has adjustable backlight brightness. You can control the intensity when the screen is active (i.e., when you are pushing buttons) and when the display is in standby mode (idle screen).

Select Brightness to:

Hold Action
Whenever you manually adjust the set temperature, the Smart Si thermostat will indicate you are in a “Hold” mode. You can select how long the Smart Si thermostat will hold the new temperature before reverting back to the regular program:

Quick Save Settings
In Quick Save mode, your system will automatically increase (in cool mode) or decrease (in heat mode) the temperature set point by the pre-configured amount.
Quick Save mode can only be activated from the Web Portal or from the ecobee smartphone/ tablet application.

Access Control
You can protect your Smart Si thermostat so that certain features will require the user to enter a 4-digit access code. Use the arrow keys to highlight a number and then press OK. When you are done, select Save. The access control will be required once the idle screen is displayed.
To disable this feature, delete the number by selecting multiple times.

You can also configure the level of access control:

In all cases, once the code is enabled, it will be required to access any of the list items in the Settings menu, except the About screen. Once a valid code has been entered on the Smart Si thermostat, access to restricted features will be allowed until the Smart Si thermostat backlight timer has expired.

Temperature Range
You can configure the Smart Si thermostat so only a specific heat and/or cool set point range is permitted.

Recovery Options
Recovery options allow the Smart Si thermostat to learn how your heating and cooling system works, taking into account infrastructure, weather and historical operating performance so that your home is a comfortable temperature as soon as you walk in the door.

Utility CPP Setting

This section is only applicable if your utility company is running a Critical Peak Pricing program that you have agreed to be a part of.
Contact your local electrical utility company for information about programs in your area.
CPP Response
Your utility may send voluntary events to your Smart Si thermostat. You can choose to Always Accept these events. In which case, you would just be notified that an event is in progress. Or if you choose Ask Me, when the Utility issues an event, you will be asked if you want to participate.
If you do not acknowledge the event prior to the start, the system will default to yes.
Preferred Strategy
During a Critical Peak Pricing event the Utility may select an energy saving strategy, or allow you to use your preferred strategy. Select from one of the options as your preferred energy  saving strategy to be used during Critical PealPricing events.

Absolute Temperature

To set up Reminders:

Your Smart Si thermostat can be programmed to remind you of required filter changes and regular maintenance.
If you are not sure about what equipment you have installed or whether you need to replace rather than clean your filters, please contact your heating and cooling contractor, or consult your original equipment manuals for the recommended maintenance procedures.

Configure Alerts

To set up Alerts:

The Smart Si thermostat can generate alerts when the temperature in the home reaches a pre-programmed temperature. This protects your home from damage due to freezing or excessive heat.
If this alert has been set up, you will see the alert on the Smart Si thermostat’s screen. If you’ve configured your personal Web Portal, you will also receive an email alert.

WiFi

To configure WiFi manually:

The Smart Si thermostat supports WiFi 802.11 b/g/n. Use the Advanced Configuration option in the WiFi menu to configure your network parameters. Choose the network from the list or manually add a new one (i.e. if your network does not broadcast its SSID).
You will then be able to view and configure the following network parameters:

If you need to specify your Smart Si thermostat’s MAC address in your router’s configuration, you can obtain it from the About menu.

Creating Your Weekly Schedule

To view your weekly schedule:

Your heating and cooling needs change depending on the time of day and day of the week. For example, if there’s no one in the house during the workday you might want to let the temperature go up in the summer, to reduce energy used by the air conditioning system, and down in the winter, to reduce heating energy. By default, the Smart Si thermostat includes four configurable periods:

Ecobee-EB-SmartSiUM-01-Smart-Si-Thermostat-FIG.17

We call it a Smart Si thermostat because it learns how your home and heating and cooling equipment perform. Intelligent algorithms combine weather data, your HVAC equipment run times and occupancy schedules to optimize performance and maximize energy savings. This means you can be comfortable when you are home and save money when you are not. If your schedule changes, you can quickly and easily update the Smart Si thermostat settings on the device itself or online through your Web Portal.

Using the Weekly Schedule EditorEcobee-EB-SmartSiUM-01-Smart-Si-Thermostat-FIG.18

The Weekly Schedule editor lets you to set specific times, temperatures and furnace fan settings for each day of the week. If your system is enabled for auto change-over mode, the heat and cool set temperatures will automatically be adjusted to ensure a minimum difference.

To edit your weekly schedule:

Adding New Periods
To accommodate for your varying schedule you can add additional program periods in your week. For example if you come home for lunch during the week or want different settings for the weekend, you would simply add one of the existing periods at the allocated time and day or create a completely new one.
Disable a Period
To disable a period entirely, select the period’s Time and then select Disable.
Scheduling a Vacation
The Smart Si thermostat’s Vacation feature helps you conserve energy while you are away for extended periods of time. It also ensures your home is comfortable when you return.
A vacation event includes a name, start date and time, as well as the end date and time. You can enter any number of uniquely named vacations. Other vacation features to choose from include: ecobee optimize
Select Yes to have the Smart Si thermostat automatically set your Heat Temperature, Cool Temperature, System Mode and Furnace Fan settings to maximize energy conservation while you are away.
Select No to manually configure Heat Temperature, Cool Temperature and Fan settings. These settings will be remembered the next time you create a vacation event.

To add a new period:

To schedule a vacation:

Heat Temperature
Programs the set temperature when the systemis in Heat mode (i.e., when the furnace is on). Set a lower temperature to save energy.
Cool Temperature
Programs the set temperature when the system is in Cool mode (i.e., when the air conditioner is on). Set a higher temperature to save energy. You can also choose to turn off your cooling system while you are away to save more energy.

Delete Vacation
You can delete individual or all vacation events:

Fan
Toggles the fan setting between ON and Auto.

UNDERSTANDING ALERTS

From time to time your ecobee system will display an alert — a reminder to change the furnace filter, or perform regular maintenance, for example.
If you have connected your Smart Si thermostat to the Internet, these alerts can also be sent to you via email.
When an alert displays, you can dismiss it or ask to be reminded later.
For example, if you receive a furnace filter alert and choose Remind me later, the alert will clear and display again 24 hours later. If you choose OK when the alert displays, it will reset the reminder.

List of Alerts
Your Smart Si thermostat can generate the following alert messages (some alerts may not apply depending on your system.)

3-Year Limited Warranty

ecobee warrants that for a period of three (3) years from the date of purchase by the consumer (“Customer”), the ecobee Smart Si thermostat (the “Product”) shall be free of defects in materials and workmanship under normal use and service. During the warranty period, ecobee shall, at its option, repair or replace any defective Products, at no charge. Any replacement and/or repaired device are warranted for the remainder of the original warranty or ninety (90) days, whichever is longer.
If the product is defective, call Customer Service at 1-877-932-6233. ecobee will make the determination whether a replacement product can be sent to you or whether the product should be returned to the following address: ecobee Customer Service, 477 Richmond Street West, #210, Toronto, ON M5V 3E7, Canada. In the event of a failure of a Product, Customer may:

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:

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 responsibility for malfunctions and deffects 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. 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 specific 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, 477 Richmond Street West, #210, Toronto, Ontario M5V 3E7, Canada.

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 (either an individual or the entity that you represent and referred to in this agreement 477 Richmond Street West, #210, Toronto, ON, M5V 3E7 Canada, {”ecobee”) and you 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 software. 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 if 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 fill 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 sufficiency of which are hereby acknowledged, ecobee and LICENSEE agree as follows:

  1. Definitions: 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 specifications. “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.  “User Manual” means the ecobee User Manual provided together with the Product and Software. “Software Updates” means updates or patches to the Software, including updates intended to correct Errors and which may include enhancements and/ore additional features to the Software, as may be provided or released by ecobee from time to time to all of its customers at no charge.
  2. Ownership of Software: LICENSEE acknowledges and agrees that, save and except for the Software license explicitly granted by the EULA, all right, title and interest in and to the Software and the User Manual is the sole and exclusive property of ecobee and/or its licensors), as the case may be. ecobee reserves all rights not expressly granted to LICENSEE hereunder, and for greater certainty, ecobee shall retain all intellectual property and other proprietary rights in and to the Software and the User Manual. Nothing in this EULA shall, or shall be deemed or construed to, assign, transfer or convey to LICENSEE any title, rights or interest in or to any intellectual property, including in or to the Software or User Manual, other than the licenses specifically and expressly granted herein.
  3. Grant of Limited License: Upon LICENSEE’s use of the Product (and corresponding acceptance of the terms and conditions of this EULA), ecobee hereby grants to LICENSEE a limited, non-exclusive, personal, perpetual, non-transferable and revocable license to use the Software embedded in the Product as and to the extent described in this EULA for as long as LICENSEE complies with the terms and condition of this EULA. ecobee reserves all rights not expressly granted to LICENSEE. For certainty, this EULA does not apply to or govern LICENSEE’s use of or access to the ecobee Web Portal or the ecobee 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 solely as is necessary to operate and use the Software and ecobee Product as and to the extent permitted thereunder and under this EULA.
  5. License Transferable: This EULA shall be binding upon and shall ensure 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: 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. 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 ECONOMIC LOSS) OF ANY KIND OR NATURE WHATSOEVER SUFFERED BY LICENSEE OR ANY THIRD PARTY HOWSOEVER CAUSED AND WHETHER RESULTING FROM  THE USE OF OR INABILITY TO USE THE SOFTWARE OR OTHERWISE (INCLUDING AS A RESULT OF OR DUE TO USE OF OR RELIANCE ON THE SOFTWARE AND/OR ecobee WEB PORTAL) AND REGARDLESS OF THE FORM OR CAUSE OF ACTION, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR ecobee HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ECOBEE PARTIES’ TOTAL LIABILITY AND OBLIGATION TO LICENSEE, IN THE AGGREGATE FOR ANY AND ALL CLAIMS  ARISING OUT OF OR IN ANY CONNECTION WITH THIS EULA, THE TERMS OF SALEIN CONNECTION WITH YOUR PURCHASE OF THE PRODUCT AND YOUR USE OF THE SOFTWARE AND PRODUCT, WITH RESPECT TO ANY EXPENSE, DAMAGE, LOSS, INJURY, OR LIABILITY OF ANY KIND, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY (INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, BY STATUTE OR OTHERWISE) SHALL BE LIMITED TO THE ACTUAL DIRECT DAMAGES SUFFERED AND SHALL NOT EXCEED AN AMOUNT THAT IS EQUIVALENT TO THE PURCHASE PRICE OF THE ecobee PRODUCT ACTUALLY PAID BY LICENSEE. THIS SECTION SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT.
  13. Survival: The parties acknowledge and agree that the provisions of Sections 2, 6, 7, 9, 11(b), 12, 13, 14, 15, 16 and 17 shall survive any termination of this EULA for any reason.
  14. English Language: The parties declare that they have required that this agreement and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y 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 laws of the Province of Ontario, Canada. For the purpose of all legal proceedings this EULA shall be deemed to have been performed in the Province of Ontario, Canada and the parties expressly confirm that the law of the Province of Ontario is the proper law. If Customer is located in a jurisdiction other than 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 attorn to the nonexclusive jurisdiction of the Courts of the Province of Ontario in respect of all matters and disputes arising hereunder.
  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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EB-SmartSiUM-01-rev1

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Ecobee EB-SmartSiUM-01 Smart Si Thermostat User Manual

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Ecobee EB-SmartSiUM-01 Smart Si Thermostat User Manual

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