Efficient Networks SpeedStream 5200 Series Quick Start Manual page 3

SpeedStream 5200 Series Bridge
Limitations
The limited warranty does not apply to any damage or failure caused by misuse, abuse, acts of nature, accidents (for example dropping
or spilling fluids on the Hardware), or the like.
ENI will not honor, and will consider the warranty voided, if: (1) the seal or serial number on the Product have been tampered with; (2)
the Product's case has been opened; or (3) there has been any attempted or actual repair or modification of the Product by anyone other
than an ENI authorized service provider.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY ENI MAKES FOR THE PRODUCT AND SOFTWARE. TO THE
EXTENT ALLOWED BY LAW, NO OTHER WARRANTY APPLIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Beneficiary. To the extent allowed by applicable law, this limited warranty is made only to the first purchaser of the Hardware/licensee
of the Software. There are no third party beneficiaries of this limited warranty.
Out of Warranty Repair. Out of warranty repair is available for fixed fee. Please contact ENI at the numbers provided above to
determine the current out of warranty repair rate. End users seeking out of warranty repair should contact ENI as described above to
obtain an RMA and to arrange for payment of the repair charge.
General Provisions
The following general provisions apply to the foregoing Software License and Limited Warranty:
1. No Modification. No oral or written information or advice given by ENI or its 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 the parties with respect to the subject matter hereof, and all prior proposals, agreements,
representations, statements and undertakings are hereby expressly canceled and superseded. This Software License and Limited
Warranty may not be changed or amended except by a written instrument executed by a duly authorized officer of ENI.
2. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE FULL EXTENT
PERMITTED BY LAW, IN NO EVENT SHALL ENI BE LIABLE, WHETHER UNDER CONTRACT, WARRANTY, 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 INTERRUPTION, PERSONAL INJURY,
LOSS OR IMPAIRMENT OF DATA OR BUSINESS INFORMATION, EVEN IF ENI HAS BEEN NOTIFIED OF THE
POSSIBILITY OF SUCH DAMAGES. ENI'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, and shall inure to the benefit of ENI 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 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 ENI must be mailed by
certified mail to the following address:
Efficient Networks, Inc.
4849 Alpha Road
Dallas, TX 75244
Attn: Customer Service
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