* Detailed program terms and conditions: 1. Definitions: ""Program"" shall mean the program pursuant to which Company receives the D-Link Product. ""Product"" shall mean a particular switch that is the subject of the Program or any switch delivered to Company as a result of this Program. ""Device"" shall mean that particular network switch that was provided by or on behalf of a competitive manufacturer, (e.g. 3Com, Linksys, NetGear, HP or Cisco) which is being replaced by Company pursuant to this Program. ""Company"" shall mean the entity 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. ""Guarantee"" shall mean that if Company is not completely satisfied with the Product during the first 30 days after installation, it may return the Product to D-Link and D-Link will pay the cost of shipping the Product back to D-Link. 2. Company's Use of Product: Company acknowledges that the Product is being delivered to Company free of charge, subject to section 6, and that the Product cannot be returned to D-Link or its distributors for a monetary refund or credit. In addition, Company shall not sell or transfer the Product to any third party for a period of 1 year after delivery. 3. Disposal or Destruction of Device: Company acknowledges and certifies that after 30 days, if it is satisfied with the Product, Company will properly dispose of or destroy the Device in accordance with all applicable state and federal laws. D-Link takes pride in being an eco-friendly company, and asks end-users of its products to do their part to protect the environment. 4. Use of Company as a Reference: Company agrees that by participating in the Program, it grants D-Link, at D-Link's sole discretion, the right to use Company as a reference in future advertising materials. In addition, if Company supplies any feedback regarding D-Link and/or the Product, Company grants D-Link a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such feedback (including your identity, picture, portrait, likeness, voice and/or other information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so, without further compensation. 5. Installation of the Product: Company 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. 6. Taxes: All federal, state, and local taxes are the sole responsibility of Company. In addition, Company is responsible for any tax forms that may need to be filed. 7. Warranties: EXCEPT FOR ANY EXPRESS WARRANTIES THAT MAY ACCOMPANY THE PRODUCT, COMPANY 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. 8. Indemnification: COMPANY AGREES THAT D-LINK, ITS SUBSIDIARIES, AGENTS, AFFILIATES, PARENT, EMPLOYEES, OFFICERS AND DIRECTORS SHALL HAVE NO LIABILITY WHATSOEVER FOR, AND COMPANY 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. 9. 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 COMPANY 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, COMPANY'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. 10. Miscellaneous: This Program is open to End Users who are located in the United States. Void where prohibited by law or company policy. There is a limited supply of the Program Products. Limited to one (1) Product per Company. 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. Company shall not export, either directly or indirectly, the Product without first obtaining any required license or other approval from the applicable governmental authorities, and Company shall ensure that the export/reexport 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. Company 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.

** Other switches may be available on a case by case basis.