OEM PURCHASE AGREEMENT
This Second Amendment ("Amendment") effective as of the 25th day of October 2004 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 Brocade have entered into the Agreement pursuant to which HP agreed to purchase and
Brocade agreed to sell OEM Products in accordance with the terms and conditions set forth therein; and
WHEREAS, HP and Brocade desire to add an additional product to the Agreement pursuant to the attached
Exhibit so that HP may offer such OEM Products for sale to HP customers.
NOW THEREFOR, 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 Brocade agree as follows:
Terms used in this Amendment that are not defined herein shall have the same meaning given thereto in the
2. Confirmation and Ratification
Except as expressly amended herein, all unmodified and remaining terms and conditions of the Agreement shall
remain in full force and effect. All capitalized terms not defined in this Amendment shall have the same meaning as
set forth in the Agreement. In the event of a conflict between the Agreement and the Amendment, the terms of the
Amendment shall govern.
HP and Brocade hereby agree that the Agreement is hereby amended to include the following items:
Exhibit A-2-A is added to Exhibit A of the Agreement. Section 10 of Exhibit A-2-A is added to Exhibit C of the
The parties have caused this Amendment to be executed by their duly authorized representatives as indicat