Lucent Technologies 5800 Series - Manual (Page 5)

Efficient Networks
®
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 EF-
FICIENT 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 con-
stitutes the entire agreement between EFFICIENT and the end user, and supersedes all prior and con-
temporaneous representation, agreements or understandings, 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 Lim-
ited 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 de-
fined 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 WHATSOEV-
ER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS IN-
TERRPUTION, PERSONAL INJURY, LOSS OR IMPAIRMENT OF DATA OR BUSINESS INFOR-
MATION, EVEN IF EFFICIENT HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAM-
AGES. 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 representatives. If any provision of this
Software License and Limited Warranty is held by a court of competent jurisdiction to be a invalid or
unenforceable 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