Specifications

Efficient Networks, Inc. 7
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 par-
ties with respect to the subject matter hereof, and all prior proposals, agree-
ments, 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canceled and superseded.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 SPE-
CIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER,
INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OR IMPAIR-
MENT OF DATA OR BUSINESS INFORMATION, EVEN IF ENI HAS BEEN
NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. ENI'S LIABIL-
ITY TO YOU (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY
CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE