Efficient Networks 107-0001-000 manual Limitations

Software License and Limited Warranty

B. After receiving an RMA, the end user shall ship the product or defective component, 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 EF- FICIENT, 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 phone 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 condi- tions, 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.

•EFFICIENT will not honor, and will not consider the warranty voided, if: (1) the seal or serial number on the Product have been tampered with or (2) there has been any attempted or actual repair or modification of the Product by anyone other than an EFFICIENT authorized service provider.

•The limited warranty does not cover defects in appearance, cosmetic, decorative or structural items, including framing, and any non-operative parts.

•EFFICIENT’s limit of liability under the limited warranty shall be the actual cash value of the product at the time the end user returns the product for repair, determined by the price paid by the end user for the product less a reasonable amount for usage. EFFICIENT shall not be liable for any other losses or damages.

•The end user will be billed for any parts or labor charges not covered by this limited warranty. The end user will be responsible for any ex- penses related to reinstallation of the product.

•THIS LIMITED WARRENTY IS THE ONLY WARRENTY EFFICIENT MAKES FOR THE PRODUCT AND SOFTWARE. TO THE EXTENT ALLOWED BY LAW, NO OTHER WARRENTY APPLIES, WETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRENTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

6.Out of Warranty Repair. Out of warranty repair is available for a fixed fee. Please contact EFFICIENT at the numbers provided above to determine out of warranty repair rate. End users seeking out of warranty repair should contact EFFICIENT as described above to obtain an RMA and to arrange for payment of the repair charge. All shipping charges will be billed to the end-user.

General Provisions

The following general provisions apply to the foregoing Software License and Limited Warranty.

1.No Modification. The foregoing Limited Warranty is the end user’s sole and exclusive remedy and is in lieu of all other warranties, express or implied. No oral or written information or advice given by EFFICIENT or tis dealers, distributors, employees or agents shall in any way extend, modify or add to the foregoing Software License and Limited Warranty. This Software License and Limited Warranty constitutes the entire agreement between EFFICIENT and the end user, and supersedes all prior and contemporaneous representation, agreements or under- standings, oral or written. This Software License and Limited Warranty may not be changed or amended except by a written instrument executed by a duly authorized officer of EFFICIENT.

EFFICIENT neither assumes nor authorizes any authorized service center or any other person or entity to assume for it any other obligation or liability beyond that which is expressly provided for in this Limited Warranty including the provider or seller of any extended warranty or service agreement.

The Limited Warranty period for EFFICIENT supplied attachments and accessories is specifically defined within their own warranty cards and packaging.

2.EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND OTHER DAMAGES. TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EFFICIENT OR ITS LICENSORS BE LIABLE, WHETHER UNDER CONTRACT, WARRENTY, TORT OR ANY OTHER THEORY OF LAW FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRPUTION, PERSONAL INJURY, LOSS OR IMPAIR- MENT OF DATA OR BUSINESS INFORMATION, EVEN IF EFFICIENT HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. EFFICIENTS’S OR IT’S LICENSOR’S LIABILITY TO YOU (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND SHALL NOT EXCEED, THE AMOUNT PAID FOR THE HARDWARE/SOFTWARE.

3.General. This Software License and Limited Warranty will be covered by and construed in accordance with the laws of the State of Texas, United States (excluding conflicts of laws rules), and shall insure to the benefit of EFFICIENT and its successor, assignees and legal represen- tatives. If any provision of this Software License and Limited Warranty is held by a court of competent jurisdiction to be a invalid or unenforce- able to any extent under applicable law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Software License and Limited Warranty will remain in full force and effect. Any notices or other communications to be sent to EFFICIENT must be mailed by certified mail to the following address:

Efficient Networks, Inc.

4849 Alpha Road

Dallas, TX 75244

U.S.A.

Attn: Customer Service

Efficient Networks®