Statement of Work
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IBM and Brocade
Statement of Work
Base Agreement #ROC-P-68
SOW# 7 (Contract Number 4907015087.0)
This Statement of Work (“SOW”) #7 (Contract Number 4907015087.0) adopts and incorporates by reference the terms and conditions of Goods Agreement #ROC-P-68 (“Base Agreement”) between International Business Machines Corporation (“Buyer”) and Brocade Communications Systems, Inc. with offices at 1745 Technology Drive, San Jose, CA 95110 and Brocade Communications Switzerland, SarL, with an office located at 29 REoute de l’Aeroport, Case Postale 105, CH-1215, Geneva 15, Switzerland (individually and collectively “Supplier”). This SOW is effective beginning on October 1, 2007 and will remain in effect until through September 30, 2008 (“Initial Term”). Upon expiration of the Initial Term and each renewal term thereafter, this SOW will be automatically renewed for an additional one (1) year term (“Renewal Term”) unless terminated by either party upon ninety (90) days’ notice prior to the expiration of the Initial Term or any Renewal Term. The Initial Term and the Renewal Term shall be collectively referred to as the Term. Transactions performed under this SOW will be conducted in accordance with and be subject to the terms and conditions of this SOW, the Base Agreement, the PA and any applicable Work Authorizations (“WAs”). This SOW is not a WA.
1.0 Scope Of Work
Buyer licenses from Supplier a computer software program known as StorageX/VFM as described Section 3.0 of this SOW. Supplier will also provide to Buyer the Services and Deliverables described in Section 5.0 of this SOW.
2.0 Definitions
“Code” means computer programming code, including “Object Code” (computer programming code substantially in binary form that is directly executable by a computer after processing, but without compilation or assembly)
“Deliverables” means items that Supplier prepares for or provides to Buyer as described in a SOW and/or WA. Deliverables include Licensed Works and Tools.
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