* In-Stat Q2 2007 Wireless LAN Equipment Market Shares Report
** In-Stat 2002-2007 Ethernet Switch Market Analysis.
*** In-Stat 4Q 2007 Wireless LAN Equipment Market Share Report. In-Stat 4Q 2007 Ethernet LAN Switch Market Share Report. In-Stat 4Q 2007 Broadband Equipment Market Share Report.
**** Detailed Program Terms and Conditions: 1. Definitions: "Program" shall mean the program pursuant to which Agency receives the D-Link Product. "Product" shall mean a particular switch that is the subject of the Program or any switch delivered to Agency as a result of this Program. "Agency" shall mean the local, state or federal government agency identified above who shall be receiving the Product. "End User" shall mean any entity that will use the product during its normal course and scope of business. "D-Link" shall mean D-Link Systems, Inc., its affiliates, agents or subsidiaries. 2. Agency's Use of Product: Agency acknowledges that the Product is being delivered to Agency for a free trial, subject to section 4, and that the Product must be purchased or returned to D-Link at the end of the evaluation period. In addition, Agency shall not sell or transfer the Product to any third party during the evaluation period. 3. Installation of the Product: Agency shall have the Product installed by a qualified party of its choosing within 30 days of delivery. D-Link assumes no responsibility or liability for the installation of such Product. 4. Taxes: All applicable federal, state, and local taxes are the sole responsibility of Agency. In addition, Agency is responsible for any tax forms that may need to be filed. 5. Warranties: EXCEPT FOR ANY EXPRESS WARRANTIES THAT MAY ACCOMPANY THE PRODUCT, AGENCY ACKNOWLEDGES THAT D-LINK, ITS SUBSIDIARIES, AGENTS, AFFILIATES, PARENT, EMPLOYEES, DIRECTORS AND OFFICERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ITS QUALITY, MECHANICAL CONDITION, AND FITNESS FOR A PARTICULAR PURPOSE. 6. Indemnification: AGENCY AGREES THAT D-LINK, ITS SUBSIDIARIES, AGENTS, AFFILIATES, PARENT, EMPLOYEES, OFFICERS AND DIRECTORS SHALL HAVE NO LIABILITY WHATSOEVER FOR, AND AGENCY AGREES TO INDEMNIFY AND HOLD HARMLESS SUCH PARTIES FROM, ANY LIABILITY FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING DEATH AND PROPERTY DAMAGE, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRODUCT OR PARTICIPATION IN THE PROGRAM. 7. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, D-LINK, ITS SUBSIDIARIES, AGENTS, AFFILIATES, PARENT, EMPLOYEES, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE TO AGENCY OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ALLEGEDLY SUSTAINED OR ARISING OUT OF THE PROGRAM, AGENCY'S PARTICIPATION IN OR RELIANCE ON THE PROGRAM OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE FROM THE PROGRAM, INCLUDING THE PRODUCT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 8. Miscellaneous: This Program is open to End Users who are located in the United States. Void where prohibited by law, regulation or Agency policy. There is a limited supply of the Program Products. Limited to one (1) Product per Agency. D-Link reserves the right to alter, amend or cancel this Program at anytime without notice. D-Link reserves the right to interpret the Program Terms and Conditions at its sole discretion. All D-Link decisions are final and binding. Agency shall not export, either directly or indirectly, the Product without first obtaining any required license or other approval from the applicable governmental authorities, and Agency shall ensure that the export/re-export or import of the Product is in compliance with all laws, regulations, orders, or other restrictions of the appropriate governmental authorities. These Terms and Conditions shall be deemed to have been entered into, and shall be construed under, the laws of the State of California, without regard to the principles of conflicts of laws thereof and the United Nations Convention on Contracts for the International Sales of Goods. Agency agrees that the courts located in Orange County, California shall have exclusive jurisdiction in any action or proceeding arising under or relating to these Terms and Conditions. If any provision of these Terms and Conditions is declared void, illegal or unenforceable, the remainder of these Terms and Conditions shall be valid and enforceable to the extent permitted by applicable law.

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