Software License

Product names mentioned herein may be trademarks and/or registered trademarks of their respective companies. Efficient Networks, Inc. shall not be liable for technical or editorial errors or omissions in this document; nor for incidental or consequential damages resulting from the furnishing, performance, or use of this material.

Efficient Networks, Inc. – End User Software License and Limited Warranty

INSTALLATION OF THE HARDWARE AND SOFTWARE PROVIDED BY EFFICIENT NETWORKS, INC. (“EFFICIENT”) CONSTITUTES ACCEPTANCE BY YOU OF THE TERMS OF THE FOLLOWING SOFTWARE LICENSE AND LIMITED WARRANTY. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE RETURN THE HARDWARE AND SOFTWARE IN ITS ORIGINAL PACKAGING TO THE STORE OR OTHER 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 premises equipment (“Hardware”) and the limited warranty that EFFICIENT provides on its Software and Hardware.

The Software is protected by copyright laws and international copyright treaties. The Software is licensed and not sold to you. Accordingly, while you own the media (CD ROM or floppy disk) on which the Software is recorded, EFFICIENT retains ownership of the Software itself.

1.Grant of License. You may install and use one (and only one) copy of the Software on the computer on which the Hardware is being installed. If the Hardware is being installed on a network, you may install the Software on the network server or other server-side device on which the Hardware is being installed and onto the client-side devices connected to the network as necessary.

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 Assurance. You acknowledge that the Software may be subject to export control laws and regulations of the U.S.A. You confirm 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.

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 destroy 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 systems. Given the wide range of third-party hardware and applications, EFFICIENT does not warrant the compatibility or uninterrupted or error free operation of our Software with the end user’s system.

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 (30) 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:

A. 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 support@efficient.com 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.

B. After receiving an RMA, the end user shall ship the product, including power supplies and cable, where applicable, freight or postage prepaid and insured, to EFFICIENT at 4849 Alpha Road, Dallas Texas 75244, U.S.A. Within five (5) days notice from EFFICIENT, the end user shall provide EFFICIENT with any missing items or, at EFFICIENT’s sole option, EFFICIENT will either (a) replace missing items and charge the end user or (b) return the product to the end user freight collect. The end user shall include a return address, daytime telephone number and/or fax. The RMA number must be clearly marked on the outside of the package.

C. Returned Products will be tested upon receipt by EFFICIENT. Products that pass all functional tests will be returned to the end user.

D. EFFICIENT will return the repaired or replacement Product to the end user at the address provided by the end user at EFFICIENT Network’s expense. For Products shipped within the United States of America, EFFICIENT will use reasonable efforts to ensure delivery within five (5) business days from the date received by EFFICIENT. Expedited service is available at additional cost to the end user.

E. Upon request from EFFICIENT, the end user must prove the date of the original purchase of the product by a dated bill of sale or dated itemized receipt.

5.Limitations.

The end user shall have no coverage or benefits under this limited warranty if the product has been subject to abnormal use, abnormal conditions, improper storage, exposure to moisture or dampness, unauthorized modifications, unauthorized repair, misuse, neglect, abuse, accident, alteration, improper installation, or other acts which are not the fault of EFFICIENT, including acts of nature and damage caused by shipping.