OEM PURCHASE AGREEMENT
This EIGHTH Amendment (“Amendment”) effective as of the date of the last signature hereto (the “Effective
Date”) amends the OEM Purchase Agreement dated December 16, 2002 (“Agreement”) by and between
Hewlett-Packard Company a Delaware Corporation having a place of Business located at 20555 SH 249
Houston, Texas 77070, (“HP”) and Brocade Communications Systems, Inc., a Delaware corporation having its
principal place of business located at 1745 Technology Drive, San Jose, California 95110 (“Brocade”).
WHEREAS, HP and Supplier have entered into the Agreement pursuant to which HP agreed to purchase, and
Supplier agreed to sell OEM Products in accordance with the terms and conditions set forth therein; and,
WHEREAS, HP and Supplier desire to enter into this Eighth Amendment to amend certain provisions of the
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and
valuable consideration the receipt and sufficiency of which are hereby acknowledged, HP and Supplier agree as
13.16 Requirements of Third Party Licenses. Supplier shall deliver or make available to HP all materials
required to meet the requirements of any licenses for third party open source software that is included in
the deliverables. For example, supplier shall deliver or make available to HP the source code for any
software licensed under an open source license that has a source availability requirement (such as the
GNU General Public License). If the source code is not included with the material that supplier has
previously delivered to HP, at HP’s request, supplier shall deliver or make available to HP the source
code for any software licensed under an open source license that has a source availability requirement.
This will be sent or made available to HP within [**] after HP’s request. Supplier shall grant HP the
right [**] as necessary to meet customer requirements.