Amendment No. 14 to SOW#1 of IBM/Brocade Goods Agreement ROC-P-68

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Summary

This amendment, dated January 9, 2004, is between IBM and Brocade Communications Systems, Inc. It updates the specifications, product descriptions, and pricing for certain hardware and software products under their existing Goods Agreement (ROC-P-68). The amendment replaces previous tables and attachments with new versions, reflecting changes in product offerings and prices. All other terms of the original agreement remain unchanged. Both parties must sign to accept the amendment, which becomes effective on the stated date.

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EX-10.59 6 f97059orexv10w59.txt EXHIBIT 10.59 EXHIBIT 10.59 [IBM LOGO] 3039 Cornwallis Road RTP, NC 27709 January 9, 2004 Brocade Communications Systems, Inc. 1745 Technology Drive San Jose, CA 95110 Attention: Mr. Michael Harrison Subject: Amendment 14 to SOW#1 of the IBM/Brocade Goods Agreement ROC-P-68 Dear Michael: This letter (the "Amendment") serves as Amendment Number 14 to SOW#1, including all amendments thereto ("SOW#1") of the Goods Agreement ROC-P-68, including all amendments thereto (the "Goods Agreement"), which the parties hereto do mutually agree to amend as follows: 1. Delete the table in Section 1.1, "Specifications," and replace with the following table:
IBM SPECIFICATION/ATTACHMENTS (IF APPLICABLE) ENGINEERING CHANGE LEVEL DESCRIPTION --------------- ------------------------ ----------- NA Version 1.0 SilkWorm 2000 Family Product Specification 90-0000001-01 Attachment B Dated 8/06/2001 Supplier Quality Attachment GA-219261-11 Version 10 Packaging and Materials Handling Specification Attachment A Dated 10/27/03, part number IBM SAN CSP Specification 22R0129 NA Version 2.0 Brocade Fabric OS Publication 53-0001487-03 NA Version 2.1 Brocade WebTools Reference Manual Publication 53-0001490-02 NA Version 2.0 Brocade Zoning Reference Manual Publication 53-0001488-02 NA Version 1.0 SilkWorm 3800 Product Specification - 90-0000077-01 NA Version 1.1 SilkWorm 3900 Product Specification - 79-0000002-01 NA SilkWorm 3200 Product Specification - Reference the Silkworm 3800 Product NA Dated: March 8, 2002 SilkWorm 12000 Product Specification - 79-0000001-01 NA Version 4.1.2 Brocade Fabric OS Reference 53-0000519-06 NA Version 3.1.0 Brocade Fabric OS Reference 53-0000500-02
Amendment #14 to SOW#1 of IBM/Brocade Agreement ROC-P-68 January 9, 2004 Confidential Information 1 2. Delete Attachment A, "IBM CSP Requirements" and replace in its entirety with "IBM SAN CSP Specification". 3. Delete pricing table in its entirety in Section 2.1, "Pricing" and replace with the following:
IBM P/N / NUMA-Q P/N ROCADE P/N DESCRIPTION UNIT PRICE - ------------------------------------------------------------------- [*] [*] 8-Port [*] Fibre Channel Switch Single Power Supply (SW2400) Includes SES, Web tools, Zoning and Fabric Watch - whole unit switch Product [*] [*] 16 Port [*] Fibre Channel Switch Single Power Supply (SW2800) Includes SES, Web tools, Zoning and Fabric Watch - whole unit switch Product [*] [*] Silkworm 2000 [*] Power Supply [*] [*] Mainboard, SW [*] 2400 (8-port) [*] [*] Fan Tray, SW [*] 2400 (8-port) [*] [*] Chassis, SW [*] 2400 (8-port) [*] [*] Mainboard, SW [*] 2800 (16-port) [*] [*] Fan Tray, SW [*] 2800 (16-port) [*] [*] Chassis, SW [*] 2800 (16-port) with operator panel / LCD [*] [*] Quick Loop [*] License [*] [*] Fabric Watch [*] License [*] [*] Extended Fabrics [*] [*] [*] Extended Fabrics [*] [*] [*] Remote Switch [*] [*] [*] Remote Switch [*] [*] [*] 8 Port Fibre [*] Channel Switch Single Power Supply (SW3200) Includes Web Tools and Advance Zoning (to be included prior to 10/28/03 for availability for Buyer customer shipments)
- --------------------------------- * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. Amendment #14 to SOW#1 of IBM/Brocade Agreement ROC-P-68 January 9, 2004 Confidential Information 2 [*] [*] 8 Port Fibre Channel [*] Switch Single Power Supply (SW3200) Includes Web Tools, Full Fabric Upgrade Zoning and Fabric Watch [*] [*] Full Fabric Upgrade [*] Includes Advance Zoning and Fabric Watch [*] [*] 16 Port Fibre [*] Channel Switch Single Power Supply (SW3800) Includes Web tools, Advance Zoning and Fabric Watch - whole unit switch Product [*] [*] Fan (SW3800) [*] [*] [*] Power Supply (SW3800) [*] [*] [*] Mainboard FRU (SW3800) [*] [*] [*] 32 Port Fibre Channel [*] Switch Double Power Supply (SW3900) Includes, Webtools, Advance Zoning, Fabric Watch, Trunking, and Performance Monitor - whole unit switch Product [*] [*] Fan (SW3900) [*] [*] [*] Power Supply (SW3900) [*] [*] [*] Mainboard FRU (SW3900) [*] [*] [*] Secure Fabric OS [*] (SW3200) [*] [*] Secure Fabric OS [*] (SW3800) [*] [*] 1Gb Secure Fabric OS [*] [*] [*] Secure Fabric OS [*] (SW3900) [*] [*] Secure Fabric OS [*] (SW12000) [*] [*] Performance Bundle [*] (Trunking and Performance Monitoring)
- ------------------- * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. Amendment #14 to SOW#1 of IBM/Brocade Agreement ROC-P-68 January 9, 2004 Confidential Information 3
[*] [*] Performance Bundle [*] (Trunking and Performance Monitoring) [*] [*] 32 Port Fibre [*] Channel Core Switch (SW12000) Includes 2 Stiletto Port Blades, 2 CP Blades, 4 Power Supplies, 3 Blowers, 6 Port Blade Filler Panels, 1 Cable Management Pillar, Fabric OS, Advanced Web Tools, Advanced Zoning, Fabric Watch, Performance Monitoring, Trunking. [*] [*] Rack Mounting Kit [*] 14U, FRU [*] [*] Switch Blade 16 port, [*] 2GB [*] [*] Switch Blade 16 port, [*] 2Gb, FRU [*] [*] Chassis Door, [*] Includes Plastic and Metal door Components and IBM Front Badge [*] [*] Control Processor [*] Blade [*] [*] Stiletto Port Blade Slot [*] Filler Panel, SW12000, FRU [*] [*] Power Supply , 180- [*] 264VAC, 1000W, FRU [*] [*] Blower Assembly, [*] FRU [*] [*] Cable Management [*] Pillar, FRU [*] [*] WWN Card [*] [*] [*] Power Plug, Switch [*] and Distribution Panel [*] [*] Chassis FRU, includes [*] backplane, blower and power supply backplane, AC and blower harness. [*] [*] Rear WWN Bezel [*] Assy [*] [*] Cable Management [*] Tray [*] [*] AC Power Cord, FRU [*]
- ------------------------- * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. Amendment #14 to SOW#1 of IBM/Brocade Agreement ROC-P-68 January 9, 2004 Confidential Information 4 [*] [*] AC Power Cord, [*] UK/Ireland, 250V, FRU [*] [*] AC Power Cord, Cont. [*] Europe CEE7/7, FRU [*] [*] AC Power Cord, [*] AUST/INZ, 250V [*] [*] AC Power Cord, Intl IEC [*] [*] [*] Remote Switch software [*] [*] [*] Extended Fabric software [*] [*] [*] Fabric Manager 3.x [*] [*] [*] Fabric Manager [*] 4.x-Enterprise[*] [*] [*] Fabric Manager 4.x -3.0 [*] to 4.x Upgrade to Enterprise[*] [*] [*] Fabric Manager 4.x [*] with 10 Domains [*] [*] Fabric Manager 4.x [*] Upgrade from 10 Domains to Maximum Domains [*] [*] ISL Trunking (SW3200) [*] [*] [*] ISL Trunking (SW3800) [*]
All prices are in U.S. dollars. Please have your authorized representative indicate acceptance thereof by signing both copies of the Amendment and returning one copy to the attention of: Rob Tice Bldg 060/A119 3030 Cornwallis Road RTP, NC 27709 The effective date of this Amendment shall be the date on the top of this Amendment (the "Effective Date"). The parties acknowledge that they have read this Amendment, understand it, and agree to be bound by its terms and conditions. All capitalized terms not defined herein shall have the meaning set forth in the Goods Agreement or the SOW #1. All other terms and conditions of the Goods Agreement and SOW#1 that are unaffected by the revisions set forth in this Amendment shall remain in full force and effect. Further, the parties agree that this Amendment and the Goods Agreement and SOW#1 are the complete and exclusive - ----------------- * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. Amendment #14 to SOW#1 of IBM/Brocade Agreement ROC-P-68 January 9, 2004 Confidential Information 5 statement of the agreement between the parties, superseding all proposals or other prior agreement, oral or written, and all other communications between the parties relating to this subject. Amendment #14 to SOW#1 of IBM/Brocade Agreement ROC-P-68 January 9, 2004 Confidential Information 6 ACCEPTED AND AGREED TO: ACCEPTED AND AGREED TO: INTERNATIONAL BUSINESS MACHINES CORPORATION BROCADE COMMUNICATIONS SYSTEMS, INC. By: /s/ Robert J. Tice 1/21/04 By: /s/ Jack Cuthbert 1/16/04 ----------------------------- -------------------------------- Authorized Signature Date Authorized Signature Date Robert J. Tice for Mark Scheftel Jack Cuthbert - ---------------------------------- ------------------------------------- Type or Print Name Type or Print Name OEM Procurement Team Lead V.P. OEM Sales - ---------------------------------- ------------------------------------- Title & Organization Title & Organization
Amendment #14 to SOW#1 of IBM/Brode Agreement ROC-P-68 January 9, 2004 Confidential Information 7