THIS PURCHASE AGREEMENT (“Agreement”) is made and entered into effective as of October 7, 2005
(“Effective Date”) by and between Voltaire Ltd., an Israeli corporation, with its principal place of business at 9
Hamenofim Street, Herzeliya 46725, Israel (“Purchaser”), and MELLANOX TECHNOLOGIES LTD., an Israeli
corporation, with its principal place of business at Hermon Building, Yokneam, Israel 20692 (“Mellanox”).
1. DEFINITIONS . As used in this Agreement, these terms shall have the following definitions:
1.1 “ Accepted Order ” means an Order as to which Mellanox has issued its Acknowledgment accepting
the Order as set forth in Section 2.3.
1.2 “ Confidential Information ” means any confidential or proprietary information of either party, including
any source code, tools, designs, schematics, plans or any other information relating to any product, research
project, work in process, future development, scientific, engineering, manufacturing, marketing or business plan,
or financial or personnel matter relating to the disclosing party, its present or future products, sales, suppliers,
customers, employees, investors or business, and identified by the disclosing party as propriety or confidential,
whether in oral form, or in written, graphic or electronic form. Without limiting the foregoing, all Product
Specifications and pricing information regarding the Products shall be deemed the Confidential Information of
Mellanox (or of Purchaser to the extent provided by Purchaser) regardless of any marking requirement or failure
to identify such information as confidential or proprietary at the time of disclosure.
1.3 “ Custom Product ” means a Product that is customized by Mellanox to meet particular Purchaser
specifications and requirements.
1.4 “ Delivery Date ” means the date specified in an Accepted Order for the delivery of Product by
1.5 “ Documentation ” means the end user technical documentation pr