Efficient Networks SB5830, SB5835

Efficient Networks, Inc.®

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") CONSTITUTES 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 PACK-

AGING TO THE VENDOR FROM WHICH YOU PURCHASED IT FOR A FULL REFUND OF THE PUR-

CHASE PRICE.

The following describes your license to use the software (the"Software") that has been provided with your EF-

FICIENT 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, software 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 Software 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 soft-

ware 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 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 ex-

press 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/lic-

ensee 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 applications, EFFI-

CIENT does not warrant the compatibility or uninterrupted or error free operation of our Software with the end