Lucent Technologies 5800 Series Efficient Networks, Inc. End User Software License and Warranty

Efficient Networks®

Efficient Networks and SpeedStream are registered trademarks, and the Efficient Networks logo is a trade-

mark 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 speci-

fications without notice.

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

INSTALLATION OF THE HARDWARE AND SOFTWARE PROVIDED BY EFFICIENT NET-

WORKS, 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 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 Us-

er.

Software License

The Software is protected by copyright laws and international copyright treaties. The Software is licensed

and not sold to you. The definition of Software includes, but is not limited to, system and operating software

marketed by Efficient, including firmware, embedded software, software provided on media, downloadable

software, software for configurable or programmable logic elements, and all Efficient maintenance and di-

agnostic 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 owner-

ship 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 re-

quired. 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 de-

vices 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 me-

dia (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 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 se-

cret, 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.

8. 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 se-

cret, or other proprietary rights of EFFICIENT or its licensors.