Dell v 2.6 7-6-07

On-site Wireless Network Set Up Page 4 of 6

v 2.6 7-6-07

Services Do Not Include Network Security. Customer acknowledges and agrees that the Services provided

under this Service Description do not include system and/or network security, and that system and/or network

security are Customer’s responsibility.

LIMITATION OF LIABILITY. DELL WILL HAVE NO LIABILITY BEYOND THE REMEDIES SET FORTH

HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR LOSS OR CORRUPTION OF DATA OR

SOFTWARE, LOSS OF USE, LOST PROFITS OR LOSS OF BUSINESS. EXCEPT AS EXPRESSLY

PROVIDED HEREIN, DELL WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR

PUNITIVE DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM

BY ANY THIRD PARTY. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE SERVICES,

DELL IS NOT LIABLE OR RESPONSIBLE, FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT PAID

FOR THE SERVICES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE

REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR

ESSENTIAL PURPOSE.

Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY

CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER

PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE

CLAIMS) BETWEEN CUSTOMER AND DELL arising from or relating to this Service Description, its

interpretation, or the breach, termination or validity thereof, the relationships which result from this

Service Description, Dell's advertising, or any related purchase SHALL, TO THE MAXIMUM EXTENT

PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT

REGARD TO CONFLICTS OF LAWS RULES.

Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR

OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON

LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL, its agents,

employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "Dell") arising

from or relating to this Service Description, its interpretation, or the breach, termination or validity thereof, the

relationships which result from this Service Description (including, to the full extent permitted by applicable law,

relationships with third parties who are not signatories to this Service Description), Dell's advertising, or any

related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION

ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (“NAF”) under its Code of Procedure then in effect

(available via the Internet at http://www.arb-forum.com, or via telephone at 1-800-474-2371). The arbitration will

be limited solely to the dispute or controversy between Customer and Dell. NEITHER CUSTOMER NOR DELL

SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR

ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY

GENERAL CAPACITY. This transaction involves interstate commerce, and this provision shall be governed by

the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on

each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Dell will be

responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent such fees

exceed the amount of the filing fee for initiating a claim in the court of general jurisdiction in the state in which

Customer resides. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party

prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement

providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee

shifting provided by law. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191,

Minneapolis, MN 55405.

Terms and Conditions. Dell is pleased to provide these Services in accordance with this Service

Description and Dell’s standard invoice terms and conditions of sale (see