Efficient Networks SpeedStream 3000 Series Installation Manual page 4

8. Licensee Responsibilty And Indemnification. The End User understands and acknowledges that it is solely re-
sponsible for the use it makes of the Software. Accordingly, the End User agrees to indemnify and hold ENI harmless
from any demands, claims or suits by a third party for loss, damages or expenses (including attorney's fees) arising
out of or related to use of the Software by the End User.
9.Enhancements. From time to time ENI may, in its sole discretion, advise the End User of updates, upgrades, en-
hancements or improvements to the Software and/or new releases of the Software (collectively, Enhancements), and
may license the End User to use such Enhancements to the Software upon payment of such prices therefore as may
then be established by ENI and in effect. All such Enhancements to the Software provided to the End User shall also
be governed by the terms of this License.
10.General. This License will be covered by and construed in accordance with the laws of the State of Texas, and
shall inure to the benefit of ENI and its successor, assignees and legal representatives. If any provision of this license
is held by a court of competent jurisdiction to be 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 License will re-
main in full force and effect. Any notices or other communications to be sent to ENI must be mailed by certified mail
to the following address:
Efficient Networks, Inc.
4201 Spring Valley Road, Suite 1200
Dallas, Texas 75244
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all
prior proposals, agreements, representations, statements and undertakings are hereby expressly canceled and super-
seded. This Agreement may not be changed or amended except by a written instrument executed by a duly authorized
officer of ENI.
11.Acknowledgment. By opening this package, you acknowledge that you have read this License, understand it, and
agree to be bound by its terms and conditions. Should you have any questions concerning this License, contact ENI
at the address shown above.
Efficient Networks, Inc. (ENI) warrants SpeedStream 3000 series Network Interface Controller (NIC), SpeedStream
4000 series Universal Serial Bus (USB), and SpeedStream 5000 series Remote Access Unit (RAU) for a period of 5
years against defects in material or workmanship from the date of purchase. SpeedStream 5010 Remote Access Unit
(RAU) is warranted for 13 months against defects in material or workmanship from the date of purchase. These
warranties extend only to the original consumer of this product. If the NIC, USB or RAU does not function as
warranted during the warranty period, Efficient Networks, Inc. will either repair the defective product or replace it
with a new or remanufactured functionally equivalent product of equal value.
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Efficient Networks, Inc. Hardware Warranty
Efficient Networks, Inc.