Scott,

I must disagree with your claims. Our used equipment policy is clearly documented, and is not as you stated. I suggest you read it at: http://www.netapp.com/support/ues.html

Dan Warmenhoven ------------------------------------------------------------------------------ Dan Warmenhoven dan@netapp.com Chief Executive Officer phone: 408-822-6600 Network Appliance, Inc. fax: 408-822-6603 ------------------------------------------------------------------------------

-----Original Message----- From: ScottUCE@aol.com [mailto:ScottUCE@aol.com] Sent: Sunday, March 09, 2003 2:47 PM To: toasters@mathworks.com Cc: scott@unioncomputer.com Subject: Network Appliance's used equipment policies

An active secondary market is developing for NetApp systems, parts, add-ons and maintenance. This market is enabling NetApp users to save money on current products as well as to secure out-of-production features, parts and add-ons that are no longer available from Network Appliance.

Unfortunately -- and with increasing frequency -- we are hearing of NetApp sales reps making false statements about NetApp's used equipment policies. Examples are:

1) "The installation of used NetApp add-ons will void your filer's maintenance service agreement"

2) "If you buy used NetApp add-ons, you will be required to pay NetApp's recertification fee, even if you elect not to place these add-ons under your existing NetApp service contract"

3) "Used NetApp gear can only be purchased from "authorized" NetApp dealers"

4) "3rd party maintenance coverage is not allowed, as it will void your filer's software license agreement"

5) "Allowing hardware or software coverage to lapse will void your filer's software license agreement"

6) "NetApp has never negotiated transferable protocol licenses on new filer purchases."

Should you ever be confronted with claims such as these, you might want to ask your NetApp rep to put them in writing ;-)

Scott Fischmann Union Computer Exchange, Inc. 6233 Idylwood Lane Minneapolis, MN 55436 email: scott@unioncomputer.com phone: 952 935 7282 | fax: 952 935 5056

"Helping our customers make each dollar go further -- since 1991!" www.unioncomputer.com