Support

Emme License Agreement and Terms of Use

This is an agreement between you and Home Comfort Zones, Inc., an Oregon corporation doing business as Emme (with its affiliates, “Emme,” “we” or “us” or similar terms). Please read this Emme License Agreement and Terms of Use, the Emme privacy notice located at www.getemme.com/privacy, and the other applicable rules, policies, and terms posted on the Emme website (collectively the “Agreement”) before using any Emme Product, Service or Software. By using any Emme Product, Service or Software, you acknowledge and agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use any Emme Product, Service or Software; and you may return the Emme Product for a refund in accordance with any applicable return policy.

For the purposes of this Agreement:

“Emme Product” means the HVAC control and/or energy management devices installed in home or light commercial building.

“Emme Service” means the wireless network that we provide Emme users, the provision of Digital Content, Software, and support and other services that we provide Emme users, and the terms and conditions under which we provide each of the foregoing.

“Emme Software” means all software on any Emme device (including any updates/upgrades to that software), and any related documentation that we make available to you.

  1. Network Connectivity.
    1. 1.1 Basic Wireless Connectivity. Your Emme Product may have basic wireless local area networking capability. Emme Products require a compatible wireless router and broadband Internet access where installed. Emme does not guarantee compatibility with all wireless routers, variations of wireless or network security, physical or logical network configurations or Internet access providers. Acquisition, configuration and maintenance of a wireless router and broadband Internet service are your responsibilities. Configuration of Emme Products to connect to the router and network is also your sole responsibility.
    2. 1.2 Use of Wireless Connectivity. Your Emme Product uses wireless connectivity to allow it to connect to our servers and to provide additional software and services via the Internet. In general, we do not charge you for this use of wireless connectivity. Your Emme Product may use wireless connectivity to make other Emme Services available to you for which we may charge a fee. The fees and terms for such Emme Services change from time to time. We will notify you prior to any changes in the fee structure for Emme Services enabled by Emme network connectivity. If your Emme Product functions with third party services, such as wireless access points, a third party may charge you fees for the use of those services. Also, your Internet service provider may charge you a fee or impose limitations based on data that is transferred between Emme Product and our servers.
    3. 1.3 Your Conduct. You may use the wireless connectivity provided by us only in connection with the Emme Software and Emme Service. You may not use the wireless connectivity for any other purpose.
    4. 1.4 Availability. If your Emme Product is located in an area in which it cannot maintain wireless connectivity, you may not be able to use some or all of the Emme Product, Software or Service. We are not responsible for the unavailability of wireless connectivity for your Emme Product or any corresponding loss of the Emme Service. Events beyond our reasonable control may impact the terms or circumstances under which we provide you wireless connectivity and may result in a change to these terms or a temporary or permanent modification or loss of wireless connectivity for your Emme Product.
  2. Device and Software.
    1. 2.1 Open Source Software Components. Notwithstanding anything to the contrary in this Agreement, the Emme Products utilize various software component distributed by third parties under various other licensing terms. Certain open source licensing components carry particular licensing terms containing and certain disclosure obligations. To the extent that such open source components are contained in the Emme Products and Software, the terms of the third party licenses shall apply. Emme is pleased to make these disclosures available at www.getemme.com/support/open_source.htm. All other software components not covered by a disclosed license agreement are licensed according to the terms described in this Agreement.
    2. 2.2 Use of the Software. You may use the Emme Software only on an Emme Product or Service. You may not separate any individual component of the Emme Software for use on another device or computer, may not transfer it for use on another device or computer or use it, or any portion of it, over a network, and may not sell, rent, lease, lend, distribute, or sublicense or otherwise assign any rights to the Emme Software in whole or in part. Additional terms apply to some of the third party software or materials on the Emme Product, and will govern in the event of a conflict with this Agreement.
    3. 2.3 Automatic Updates. In order to keep your Emme Software up-to-date, Emme may, in its discretion, automatically provide your Emme Product with updates or upgrades via the Internet and your wireless network connection.
    4. 2.4 No Reverse Engineering, Decompilation, Disassembly, or Circumvention. You may not modify, reverse engineer, decompile, or disassemble the Emme Product or the Emme Software, whether in whole or in part, create any derivative works from or of the Emme Software, or bypass, modify, defeat, or tamper with or circumvent any of the functions or protections of the Emme Software or any mechanisms operatively linked to it.
  3. General
    1. 3.1 Compliance with Law and Reservation of Rights. You will use the Emme Product, Software, and Service in compliance with all applicable laws.
    2. 3.2 Intellectual Property Rights. Neither the sale or transfer of the Emme Product to you, nor the license of the Emme Software to you, transfers to you title to or ownership of any intellectual property rights of Emme or its suppliers or the other service providers. All licenses are non-exclusive and all rights not expressly granted in this Agreement are reserved to Emme, its suppliers or the other service providers. The Emme Software and any authorized copies that you make are the intellectual property of and are owned by Emme and its suppliers. Except for any open source components, the structure, organization and code of the Emme Software are the valuable trade secrets and confidential information of Emme and its suppliers. The Emme Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. In addition, the Emme Product, Software, and Service, and/or methods used in association with any of the foregoing, may be covered by one or more patents or pending patent applications.
    3. 3.3 Export Regulations. You will comply with all applicable export and re-export restrictions and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of, the Emme Product or Software to a prohibited country or otherwise in violation of any such restrictions or regulations.
    4. 3.4 Information Received. By connecting your Emme Product to the Internet, the Emme Software will provide Emme or its affiliates with data about your Emme Product and its interaction with the Emme Service. The Emme Software will also provide Emme with information related to the operation of your product configuration, settings and your use of it. Emme may also provide information or communicate information to your designated installing and/or service contractor. Any information we receive is subject to the Emme privacy notice located at www.getemme.com/comapny/privacy.htm.
    5. 3.5 Information Provided To Others. You are responsible for any information you provide to others using an Emme Product. Any information you provide to a third party will be subject to the privacy notice or any similar terms that the third party provides to you, and will not be subject to the Emme Privacy Notice.
    6. 3.6 Changes to Service. We may modify, suspend, or discontinue the Emme Service, in whole or in part, at any time.
    7. 3.7 Termination. Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Emme Software, and Emme may immediately revoke your access to the Emme Service without refund of any fees. Emme’s failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.
    8. 3.8 Disclaimer of Warranties. USE OF THE EMME PRODUCT, SERVICE, AND SOFTWARE IS AT YOUR SOLE RISK. EXCEPT FOR THE THREE-YEAR LIMITED EMME WARRANTY, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EMME OR AN AUTHORIZED REPRESENTATIVE OF EMME CREATES A WARRANTY, AND THE EMME SERVICE AND SOFTWARE ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND EMME, ITS SUPPLIERS, ITS LICENSORS, AND THE OTHER CONTENT PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, SUCH AS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
    9. 3.9 Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, EMME, ITS SUPPLIERS, ITS LICENSORS, AND THE OTHER CONTENT PROVIDERS WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE EMME PRODUCT, SERVICE, OTHER DEVICES, OR SOFTWARE, SUCH AS ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, OR USE OF THE SERVICE, EMME PRODUCT OR SOFTWARE OR ANY ASSOCIATED PRODUCT, EVEN IF EMME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, EMME’S AND THE OTHER SUPPLIERS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY CLAIM IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE EMME PRODUCT, SERVICE, OR SOFTWARE. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
    10. 3.10 Governing Law. The laws of the state of Oregon, U.S.A., without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Emme.
    11. 3.11 Disputes. Any dispute arising out of or relating in any way to this Agreement in which the aggregate total claim for relief sought on behalf of one or more of the parties exceeds U.S.$7,500 will be adjudicated in any state or federal court in Washington County, Oregon, U.S.A., and you consent to exclusive jurisdiction and venue in such courts.
    12. 3.12 U.S. Government Rights. The Software and Service are provided to the U.S. Government as “commercial items,” “commercial computer software,” “commercial computer software documentation,” and “technical data,” as defined in the U.S. Federal Acquisition Regulation and the U.S. Defense Federal Acquisition Regulation Supplement, with the same rights and restrictions customarily provided to end users
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    13. 3.13 Complete Agreement and Severability. This is the entire agreement between us and you regarding the Emme Product, Software, and Service and supersedes all prior understandings regarding such subject matter. If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
    14. 3.14 Amendment. We may amend any of the terms of this Agreement in our sole discretion by posting the revised terms on Emme website. Your continued use of the Emme product, Service, or Software after the effective date of any such amendment constitutes your agreement to be bound by such amendment.