X0202 4 2005-06-30 0 0001104332 SUMMUS INC SMMU 0001321711 Empire Capital Management, L.L.C. C/O EMPIRE GP LLC 1 GORHAM ISLAND WESTPORT CT 06880 0 0 1 0 Common Stock 2005-06-30 4 P 0 5500 3.53 A 1777750 I See Note Common Stock 2005-07-01 4 P 0 2000 3.53 A 1779750 I See Note The shares of Common Stock this note relates to are held directly by Empire Capital Partners, L.P. ("Empire Capital"), with respect to the 1,213,100 shares, Empire Capital Partners, Ltd. a Cayman Islands exempted company ("Offshore") as to 336,618 shares, Empire Capital Partners II, Ltd., a Cayman Islands exempted company ("Offshore II") as to 61,186 shares, Charter Oak Partners, LP a Delaware Limited Partnership ("Charter Oak") as to 153,859 shares and Charter Oak Partners II ("Charter Oak II" and collectively with Empire Capital, Offshore, Offshore II, and Charter Oak, "the Empire Funds") as to 14,987 shares of Common Stock directly owned by it. Empire Capital Management L.L.C. (the "Investment Manager") serves as the Investment Manager and has investment discretion over the securities held by Offhsore, Offshore II, Charter Oak and Charter Oak II. Empire Capital GP, L.L.C. ("Empire GP"), serves as general partner of Empire Capital. Mr. Scott Fine and Mr. Peter Richards are managing members of the Investment Manager and Empire GP. The Investment Manager, Empire GP and the Empire Funds, disclaim beneficial ownership of any of the Issuer's securities to which this Form 4 relates for the purposes of Section 16 of the Securities Exchange Act of 1934, as amended (the "Act"), except as to such securities in which each such person may be deemed to have a pecuniary interest pursuant to the Act. /s/ Scott A. Fine, Member of Empire Capital Management, L.L.C. 2005-07-06