The following provisions apply to information Force10 Software learns about or obtains from you when you visit the Site. You should check this Privacy Policy frequently for any changes, but in any case your continued access or use of the Site shall constitute acceptance of any modifications. You may see information collected about you via the Site, and delete or modify any personally identifiable information, such as your name, e-mail address or home address or telephone number ("Personal Information") by following our Correct/Update Procedure below.

Controller of Personal Information. Any personal information provided to, or collected by, Force10 Software is controlled by Force10 Software at 2845 30th Ave. W. Seattle, WA 98199

Information We Collect. Force10 Software may ask you to provide certain information, including personally identifiable information such as your name and e-mail address, so that we can identify you and provide better service to you on this and future visits. Additionally, in the event you request information, apply for credit, or purchase products or services from Force10 Software, you may need to disclose personal or financial information. Force10 Software may also collect aggregate information which does not indicate the identity of any particular visitor, but describes the habits, usage patterns and/or demographics of users as a group. You do not have to provide this information; however failure to provide the information may affect Force10 Software ability to provide you with services, or your ability to access certain portions of the site or download material or data from the site.

Force10 Software may, but is not obligated to, retain the content of any e-mails you send Force10 Software, or information or data you provide by other means, including your e-mail address and other personally identifiable information, so that Force10 Software may respond to your requests for information or questions, and comply with any legal requirements. Force10 Software may use such information for a variety of purposes, including analysis of use of the Site, development and marketing of products and services, improving site content and usability, and future e-mails, calls, mailings or other communications regarding site updates, payments due, new products and services, and upcoming events which may be of interest to you.

In addition to information you provide, Force10 Software may use "cookies" (see definition below) or other passive means to collect the name of the domain and host from which you access the Internet; the IP address of the computer you are using; and the browser and operating system you are using; the date and time you access the site; and the Internet address of the Web site from which you linked to the site.

Force10 Software uses cookies so that you won't have to reenter information each time you visit the site. A cookie is a small text or image file that the Site sends to your computer to collect information about your activities on the site, or to make it possible for you to purchase products or services from the site and to track such purchases. The cookie transmits this information back to the site each time your browser requests a page from the site, and the information is stored to help facilitate your use of the site the next time you visit. If you do not want to receive cookies from the site, you can set your browser to not accept cookies, or to notify you when a cookie set. If you choose to reject all cookies, you may be unable to use certain portions of the Site.

If you want to see personally-identifiable information we have collected about you, or to update or correct such information or ask that it be removed from our database, please see the Correct/Update and Contact provisions below. This does not apply to information collected by cookies and used internally to recognize you and/or facilitate your visits to the site.

How Force10 Software Uses and/or Discloses Information. Force10 Software uses the information you provide and we collect to:

• Administer the Site and diagnose problems with our server;

• Verify your identity;

• If you have given us permission, we may use your email and other personally-identifiable information to provide you with information about the Site and Force10 Software and our products and services;

• Measure the number of visitors to the site and how the site is used, in order to make the site as useful as possible to our visitors;

• As necessary for performance of Force10 Software obligations, and enforcement of Force10 Software rights, under these Terms and any Agreement;

• As required under applicable law, statute or regulation; and

• As you may otherwise agree.

Force10 Software may disclose the information you provide and we collect to our parent and/or subsidiaries or affiliates, and as described below:

• Other companies and individuals who perform services and other functions on Force10 Software behalf, including delivery services, analyzing Force10 Software data, processing credit requests and payments and providing customer service;

• In the event Force10 Software transfers some or all of its business assets to another entity, or Force10 Software itself is acquired by a third party, information will likely be one of the transferred assets, but should remain subject to existing privacy terms as required by applicable laws, statutes and regulations;

• As Force10 Software may decide is necessary to comply with applicable law, enforce these Terms or protect the rights of Force10 Software or third parties, including for purposes of fraud protection and reduction of credit risk; and

• As you may otherwise agree.

You may correct, change or delete your personal information by following the steps below. Personally identifiable information collected and transferred to back-up or archival storage may, however, be retained indefinitely. Force10 Software will also retain information regarding transactions as necessary for Force10 Software business records, and as required under applicable law.

Opt In. Before Force10 Software uses your email address or other personal information to send you information or otherwise communicate with you, we ask that you indicate you wish to receive such communications by "opting in" to inclusion on our mailing lists. You can "opt in" at the time you provide the information, or by sending an email to Email: info@force10soft.com

Updates/Corrections. You can correct or change your personal information, or remove your information from our mailing list, by sending an email to Email: info@force10soft.com, or by mail to Sales Force10 Software 2845 30th Ave. W. Seattle, WA 98199. Force10 Software reserves the right to verify the identity of all persons making such requests; provided that Force10 Software shall have no liability whatsoever resulting from false or erroneous requests.

Changes in Policy. In the event Force10 Software decides to modify this Privacy Policy, or is required to do so under applicable law, Force10 Software will attempt to provide advance notice by posting such changes to the Site at least 30 days prior to implementation, or such shorter period as is necessary in accordance with applicable law and/or business conditions. Unless otherwise stated, the current Privacy Policy applies to all information Force10 Software has collected or you have provided at any time.

Links. The Site may contain links to other sites. These links are for the convenience of visitors to the Site only, and Force10 Software makes no representations whatsoever regarding such other sites. You should review the privacy policies of other sites carefully before providing any information to such sites. Force10 Software is not responsible for the privacy policies or procedures or the content of any other site.

Security. The Site has reasonable security measures in place to protect against the loss, misuse or alteration of information under Force10 Software control. While Force10 Software strives to protect your personal information, Force10 Software cannot ensure, and does not warrant, the security of any information. Communication via the Internet is not failsafe, and there is always a possibility that data may be lost, or intercepted by unauthorized parties during such transmission or after receipt by Force10 Software. You agree that Force10 Software shall have no liability whatsoever in connection with such lost or intercepted data.

Subpoenas. Force10 Software does not disclose the identities of visitors or users of the Site unless legally required to do so. Force10 Software will respond to any subpoena received from a government agency (i.e., the Securities and Exchange Commission or law enforcement agencies) without prior notice to you. Unless prohibited by law or by a valid court order, Force10 Software will notify you of any subpoena received from any other party (i.e., for civil litigation) which requires Force10 Software to disclose your identity, and will wait ten (10) days, or a lesser amount of time as required by the deadline in the subpoena, before providing the information requested by the subpoena.

Conditions of Use. Your access and use of the Site is subject to this Privacy Policy and the applicability of the law of the State of Washington.

Contacting Force10 Software. If you have questions about this Privacy Policy, the Website Terms and Conditions, or any other questions concerning the Site, please contact:

Force10 Software
2845 30th Ave. W.
Seattle, WA 98199
(206) 499-0154