Copyright 2002, Efficient Networks, Inc.
All rights reserved. Printed in the U.S.A.
Efficient Networks and SpeedStream are registered trademarks, and the Efficient Networks logo is a trademark of Efficient
Networks, Inc. All other names may be trademarks, service marks or registered trademarks held by their respective companies.
This document is for information purposes only, Efficient Networks is not responsible for errors or omissions herein. Efficient
reserves the right to make changes to product specifications without notice.
Efficient Networks, Inc. – End User Software License and Warranty
INSTALLATION OF THE HARDWARE AND SOFTWARE PROVIDED BY EFFICIENT NETWORKS, INC. ("EFFICIENT") CONSTI-
TUTES ACCEPTANCE BY YOU OF THE TERMS OF THE FOLLOWING SOFTWARE LICENSE AND LIMITED WARRENTY. IF YOU
DO NOT ACCEPT THESE TERMS, PLEASE RETURN THE HARDWARE AND SOFTWARE AND SOFTWARE IN ITS ORIGINAL
PACKAGING TO THE VENDOR FROM WHICH YOU PURCHASED IT FOR A FULL REFUND OF THE PURCHASE PRICE.
The following describes your license to use the software (the"Software") that has been provided with your EFFICIENT DSL customer premise
equipment ("Hardware") and the limited warranty that EFFICIENT provides on its Software and Hardware. EFFICIENT reserves any right not
expressly granted to the end user.
Software License
The Software is protected by copyright laws and international copyright treaties. The Software is licensed and not sold to you. The definition
od Software includes, but not limited to, system and operating software marketed by EFFICIENT, including firmware, embedded software, soft-
ware provided on media, downloadable software, software for configuration or programmable logic elements, and all EFFICIENT maintenance
and diagnostic tools associated with the above mentioned software. Accordingly, while you own the media (such as CD ROM or floppy disk)
on which the software is recorded, EFFICIENT or its licensors retains ownership of the Software itself.
1. Grant of License. You may install and use one (and only one) copy of the Software in conjunction with the EFFICIENT provided Hardware.
You may make backup copies of the system configuration as required. If the Hardware is being installed on a network, you may install the Soft-
ware on the network server or other server-side devise on which the Hardware is being installed and onto the client-side devices.
2. Restrictions. The license granted is a limited license. You may NOT:
•
sublicense, assign, or distribute copies of the Software to others;
•
decompile, reverse engineer, disassemble or otherwise reduce the Software or any part thereof to a human perceivable form;
•
modify, adapt, translate or create derivative works based upon the Software or any part thereof; or
•
rent, lease, loan or otherwise operate for profit the Software.
3. Transfer. You may transfer the Software only where you are also transferring the Hardware. In such cases, you must remove all copies of
the Software from any devices onto which you have installed it, and must ensure that the party to whom you transfer the Hardware receives this
License Agreement and Limited Warranty.
4. Upgrades Covered. This License covers the Software originally provided to you with the Hardware, and any additional software that you
may receive from EFFICIENT, whether delivered via tangible media (CD ROM or floppy disk), down loaded from EFFICIENT, or delivered
through customer support. Any such additional software shall be considered "Software" for all purposes under this License.
5. Export Law Assurances. You acknowledge that the Software may be subject to export control laws and regulations of the U.S.A. You con-
firm that you will not export or re-export the Software to any countries that are subject to export restrictions.
6. No Other Rights Granted. Other than the limited license expressly granted herein, no license, whether express or implied, by estoppel or
otherwise, is granted to any copyright, patent, trademark, trade secret, or other proprietary rights of EFFICIENT or its licensors.
7. Termination. Without limiting EFFICIENT’s other rights, EFFICIENT may terminate this license if you fail to comply with any of these
provisions. Upon termination, you must return the Software and all copies thereof.
Limited Warranty
The following limited warranties provided by EFFICIENT extend to the original end user of the Hardware/licensee of the Software and are not
assignable or transferable to any subsequent purchaser/licensee.
1. Hardware. EFFICIENT warrants that the Hardware will be free from defects in materials and workmanship and will perform substantially
in compliance with the user documentation relating to the Hardware for a period of one year from the date the original end user received the
Hardware.
2. Software. EFFICIENT warrants that the Software will perform substantially in compliance with the end user documentation provided with
the Hardware and Software for a period of ninety days from the date the original end user received the Hardware and Software. The end user is
responsible for the selection of Hardware and Software used in the end user’s network. Given the wide range of third-party hardware and appli-
cations, EFFICIENT does not warrant the compatibility or uninterrupted or error free operation of our Software with the end user’s systems or
network.
3. Exclusive Remedy. Your exclusive remedy and EFFICIENT’s exclusive obligation for breach of this limited warranty is, in EFFICIENT’s
sole option, either (a) a refund of the purchase price paid for the Hardware/Software or (b) repair or replacement of the Hardware/Software with
new or remanufactured products. Any replacement Hardware or Software will be warranted for the remainder of the original warranty period
or thirty days, which ever is longer.
4. Warranty Procedures. If a problem develops during the limited warranty period, the end user shall follow the procedure outlined below:
Α.
Prior to returning a product under this warranty, the end user must first call EFFICIENT at (888) 286-9375, or send an email to EFFICIENT
at [email protected] to obtain a return materials authorization (RMA) number. RMAs are issued between 8:00 a.m. and 5:00 p.m. Central
Time, excluding weekends and holidays. The end user must provide the serial number(s) of the products in order to obtain an RMA.
Efficient Networks
®
Software License and Limited Warranty
