Amendment No. 6 to Purchase Agreement between Brocade Communications Systems, Inc., Brocade Communications Switzerland SarL., and EMC Corporation
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This amendment updates the existing purchase agreement between Brocade Communications Systems, Inc., Brocade Communications Switzerland SarL. (collectively the supplier), and EMC Corporation. The amendment replaces the previous product and pricing exhibit with a new version, reflecting changes such as the addition of new products, price adjustments, and removal of discontinued items. All other terms of the original agreement remain unchanged. The amendment is effective upon execution by all parties and includes provisions for software maintenance and hardware warranty terms.
EX-10.72 3 f99620exv10w72.txt EXHIBIT 10.72 Exhibit 10.72 AMENDMENT NO. 6 PURCHASE AGREEMENT This Amendment No. 6 ("the Amendment") to the Purchase Agreement (the "Agreement") dated January 25, 2000 by and among Brocade Communications Systems, Inc., a corporation organized under the laws of the State of Delaware, U.S.A., and having its principal place of business at 1745 Technology Drive, San Jose, California 95110 ("Brocade-US"), and Brocade Communications Switzerland SarL., a corporation organized under the laws of Geneva, and having its principal place of business at 29-31 Route de l'Aeroport, Case Postale 105 CH-1215 Geneva 15, Switzerland ("Brocade-Switzerland"), (collectively "SUPPLIER") and EMC Corporation, ("EMC"), a Massachusetts corporation, is made this 8th day of April 2004 by and between SUPPLIER and EMC and commences on the date accepted and executed by SUPPLIER ("Effective Date"). [*]. WHEREAS, the parties wish to amend the Agreement to [*] EMC [*]. NOW THEREFORE, IN CONSIDERATION OF THE ABOVE AND THE OTHER RESPECTIVE PROMISES OF THE PARTIES SET FORTH HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS: 1) Exhibit A, [*], is hereby deleted and replaced with the attached Exhibit A, [*]. 2) No Other Changes. All Other terms and conditions of the Agreement shall remain unchanged. 3) Counterparts. This Amendment may be executed in two or more counterparts, all of which, taken together, shall be regarded as one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 6 to OEM Purchase and License Agreement by their duly authorized representatives. Such execution of the Amendment may be in three counterparts, each of which shall be an original and together which shall constitute one and the same instrument.
- ------ ** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. EMC/BROCADE CONFIDENTIAL Page 1 of 3 Brocade Communications Switzerland, SarL. ("Supplier") Signature: /s/ Ian Whiting ------------------------- Name: Ian Whiting ------------------------------ Title: Managing Officer ------------------------------ Place: Geneva, Switzerland ------------------------------ Date: 27-April -2004 ------------------------------ EMC/BROCADE CONFIDENTIAL Page 2 of 3 EXHIBIT A PRODUCTS AND PRICING EMC/BROCADE CONFIDENTIAL Page 3 of 3 EMC EXHIBIT A: PRODUCT PRICE SHEET - REVISED 4/15/04 REVISIONS: Addition of new Dazzler and Meteor products, Reduction on certain software options, Removal of EOL'd SFP FRUs (PN#100619005, 118032135).
Note (A): The annual fee for Software Maintenance is $80. The above price includes the purchase of Software Maintenance for an initial term of one year, commencing on the date of purchase, and an automatic renewal for a subsequent one year term. Fees for Software Maintenance during these periods are non-refundable. Thereafter, Software Maintenance may be renewed for additional one year periods, at EMC's discretion, for an annual fee of $80. The above price also includes the purchase of an Extended Hardware Warranty for a term of one year commencing on the first anniversary of the date of purchase.
Note (B): The annual fee for Software Maintenance is $190. The above price includes the purchase of Software Maintenance for an initial term of one year, commencing on the date of purchase, and an automatic renewal for a subsequent one year term. Fees for Software Maintenance during these periods are non-refundable. Thereafter, Software Maintenance may be renewed for additional one year periods, at EMC's discretion, for an annual fee of $190. The above price also includes the purchase of an Extended Hardware Warranty for a term of one year commencing on the first anniversary of the date of purchase.
- ------ ** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Note (C): The annual fee for Software Maintenance is $200. The above price includes the purchase of Software Maintenance for an initial term of one year, commencing on the date of purchase, and an automatic renewal for a subsequent one year term. Fees for Software Maintenance during these periods are non-refundable. Thereafter, Software Maintenance may be renewed for additional one year periods, at EMC's discretion, for an annual fee of $200. The above price also includes the purchase of an Extended Hardware Warranty for a term of one year commencing on the first anniversary of the date of purchase.
Note (D): The annual fee for Software Maintenance is $400. The above price includes the purchase of Software Maintenance for an initial term of one year, commencing on the date of purchase, and an automatic renewal for a subsequent one year term. Fees for Software Maintenance during these periods are non-refundable. Thereafter, Software Maintenance may be renewed for additional one year periods, at EMC's discretion, for an annual fee of $400. The above price also includes the purchase of an Extended Hardware Warranty for a term of one year commencing on the first anniversary of the date of purchase. Note (E): The annual fee for Software Maintenance is $580. The above price includes the purchase of Software Maintenance for an initial term of one year, commencing on the date of purchase, and an automatic renewal for a subsequent one year term. Fees for Software Maintenance during these periods are non-refundable. Thereafter, Software Maintenance may be renewed for additional one year periods, at EMC's discretion, for an annual fee of $580. The above price also includes the purchase of an Extended Hardware Warranty for a term of one year commencing on the first anniversary of the date of purchase. Note (F): The annual fee for Software Maintenance is $200. The above price includes the purchase of Software Maintenance for an initial term of one year, commencing on the date of purchase, and an automatic renewal for a subsequent one year term. Fees for Software Maintenance during these periods are non-refundable. Thereafter, Software Maintenance may be renewed for additional one year periods, at EMC's discretion, for an annual fee of $200. The above price also includes the purchase of an Extended Hardware Warranty for a term of one year commencing on the first anniversary of the date of purchase. FABRIC MANAGER
- ------ ** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Note: The above prices include the purchase of Software Maintenance for an initial term of one year, commencing on the date of purchase, and an automatic renewal for a subsequent one year term. Fees for Software Maintenance during these periods are non-refundable. Thereafter, Software Maintenance may be renewed for additional one year periods, at EMC's discretion, for an annual fee as follows: EM-FMG4-0000-S $1,200; EM-FMG4-0004-S $450; EM-FMG4-0010-S $900; EM-FMG4-7000-S $675; EM-FMG4-9000-S $300; EM-FMG4-9004-S $750; EM-FMG4-9010-S $450. - ------ ** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
