Amendment Number 3
OEM Purchase and License Agreement
Between EMC Corporation and Brocade Communications, Inc.
OEM Agreement Number OEM 051208 Dated May 20, 2008
This Amendment Number 3 (“the Amendment”) to the OEM Purchase and License Agreement (the “Agreement”) dated
May 20, 2008 BROCADE Communications Systems, Inc., a Delaware corporation with an office located at 1745 Technology
Drive, San Jose, California 95110, and BROCADE Communications Switzerland SarL., a Geneva corporation with principal offices
at 29 Route de l’Aeroport, Case Postale 105, CH-1215, Geneva 15, Switzerland, and BROCADE Communications Services
Switzerland, SarL,, a Geneva corporation with principal offices at 29 Route de l’Aeroport, Case Postale 105, CH-1215, Geneva 15,
Switzerland (collectively, “ BROCADE ”), and EMC Corporation, 176 South Street, Hopkinton, MA 01748 together with its
designated Subsidiaries (“EMC”), and commences on the date accepted and executed by BROCADE (“Effective Date”).
WHEREAS, the parties wish to amend the Agreement so as to add Brocade-branded IP Products for EMC resale to the
WHEREAS, the parties agree to enter into good-faith negotiations to enter into the EMC Select Reseller Agreement within [**]
of the effective date of this Amendment 3 for complete terms and conditions for resale of such Products;
NOW THEREFORE, in consideration of the above and the other respective promises of the parties set forth herein, the parties
hereto agree as follows:
IN WITNESS WHEREOF, the parties hereto have executed this Amendment Number 3 to OEM Purchase and License
Agreement by their duly authorized representatives.
[**] 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.
1.0 Add Exhibit M, Terms and Conditions for EMC Resale of Brocade-branded IP Products, attached hereto.
Executed and agreed to: