MANUFACTURING AND PURCHASE AGREEMENT
This MANUFACTURING AND PURCHASE AGREEMENT ("Agreement") is entered into as of March __,
2003 ("Effective Date") by and between Brocade Communications Switzerland SarL., a corporation organized
under the laws of Switzerland, and having its principal place of business at 29, Route de I'Aeroport, Case Postale
105, CH-1215 Geneva 15, Switzerland ("Brocade"), on the one hand, and Solectron Corporation, a Delaware
corporation with an office at 847 Gibraltar Drive, Milpitas, CA 95035, and its subsidiaries and affiliates, including
but not limited to Solectron Technology Singapore Ltd., Solectron Technology Sdn Bhd, and Solectron
Netherlands BV(collectively, "Solectron"), on the other hand (each a "Party" and collectively the "Parties").
1.1 "Ancillary Technology" means all test programs and consigned equipment and related fixtures provided to
Solectron by Brocade.
1.2 "Brocade Technology" means the Technology and all Derivatives thereof (a) provided by Brocade to
Solectron pursuant to this Agreement, or (b) developed by Brocade or Solectron pursuant to this Agreement;
provided, however, that such Technology is not Solectron Technology.
1.3 "Brocade Vendors" means third party producers and suppliers that have been specified by Brocade in writing
(a) on Brocade's approved vendor list ("Brocade AVL") as provided by Brocade to Solectron and as updated
by Brocade from time to time, and (b) as the source of certain FRUs and/or components to be used by Solectron
in the manufacture of the Products.
1.4 "Solectron Vendors" means any Brocade Vendors, which are also included on Solectron's preferred supplier
list ("Solectron PSL"). The version of the Solectron PSL existing as of the Effective Date is attached as Exhibit F.
This Solectron PSL may be modified from time to time without amending Exhibit F or this Agreement.
1.5 "Derivative" means: (a) for copyrightable or copyrighted material, any translation, abridgment, revision or