AGREEMENT NUMBER XXXX-XXXXXX
This Short Form Product Purchase Agreement (“Agreement”) is made and entered into as of the 8th day of
October, 2004, (the “Effective Date”) by and between Hewlett-Packard Company (“HP”), a Delaware
Corporation having its principal place of business at 3000 Hanover Street, Palo Alto, California 94304, and
Voltaire, Inc. (“Supplier”), having a principal place of business at 6 Fortune Drive, Billerica, MA 01821; herein
collectively referred to as the “Parties”.
“Accepted Order” means an Order as to which Supplier has issued its Acknowledgment accepting the
Order or which is deemed accepted as set forth in Section 6.3 or which otherwise constitutes a contract
under Applicable Law, is legally binding or legally enforceable.
“Acknowledgment” means a written or electronic acknowledgment or confirmation issued by Supplier in
response to and following Supplier’s receipt of an Order issued by HP or an Eligible Purchaser to Supplier
for Delivery of Product.
“Affiliate” means an entity whose voting shares are owned less than fifty percent (50%), but at least ten
percent (10%), by a party to this Agreement and which is not controlled by, or under common control with,
a party to this Agreement as its Subsidiary.
“Applicable Law” means all constitutions, laws, statutes, codes, ordinances, orders, judgments, decrees,
injunctions, rules, regulations, permits and legally binding requirements of all federal, state and local
governmental authorities applicable to any party’s performance under this Agreement.
“Business Day” (whether initial letters are capitalized or not) means a Day other than a Saturday, Sunday or
a Day on which U.S. commercial banks in California, or, if different, commercial banking institutions in the
location at which performance of an act or obligation under this Agreement is to occur, are closed or
required to close under Applicable Law.
“Confidential Information” has the meaning set forth in Section 15.1