Exhibit 10.43
AMENDMENT NO. 2 TO
OEM PURCHASE AGREEMENT
This Amendment No. 2 (the "Amendment") to the OEM Purchase Agreement (the
"Agreement") dated April 20, 2001 by and between HEWLETT-PACKARD COMPANY, a
Delaware corporation ("HP") and BROCADE COMMUNICATIONS SYSTEMS, INC., a Delaware
corporation, having its principal place of business at 1745 Technology Drive,
San Jose, California 95110, and Brocade Communications Systems Switzerland SarL,
a corporation organized under the laws of Geneva, and having its principal place
of business at 29-31 Route de l'Aeroport, CH-1205 Geneva, Switzerland
(collectively "Supplier") is entered into by HP and Supplier effective as of
November 6, 2001, (the "Effective Date"). This Amendment is a Product Addendum
as described in Section 2.18 of the Agreement. The parties hereby agree as
follows.
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 meaning set forth
in the Agreement. In the event a conflict between the Agreement and this
Amendment, the terms of this Amendment shall govern.
WHEREAS, HP and Supplier wish to add additional OEM Products, and terms specific
to those additional products.
NOW THEREFORE, the parties hereto agree as follows:
1. TRAINING
1.1 Technical & Presales Training. Supplier shall provide to HP, at [ * ]
in Supplier's technical training course on installation and
configuration of the Silkworm 3800. Such training shall take place at
Supplier's San Jose location and within [ * ] prior to, and [ * ]
after HP's product launch. In addition, Supplier shall provide to HP,
at [ * ] per HP's [ * ] for the term of this Agreement, in Supplier's
technical training course on installation and configuration of the
Silkworm 3800.
All such training provided by Supplier will be [ * ] by Supplier to
HP. Supplier will maintain a designated training contact for HP
University personnel, and will provide technical support for, and a
qualified Supplier training resource to participate in, the first [ *
] taught by HP utilizing the training provided hereunder by Supplier.
Such classes will be up to [ * ] in length. HP will be responsible for
reasonable travel and expenses incurred by the Supplier training
resource. Other training (including without limitation [*] technical
training) will be provided upon mutually agreed terms and conditions.
1.2 HP's License to Training Materials. Subject to the provisions of
Article (19) of the Agreement Supplier will provide to HP, [ * ]
portions referred to as "Training Materials"). Supplier will provide
[ * ]
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
[ * ] of the Silkworm 3800 to HP [ * ]. HP will then indicate to
Supplier which of the portions of such materials HP would like to
license. Once the [ * ] for which HP will receive a license,
Supplier will provide the Training Materials [ * ] Supplier shall
provide such Training Materials to HP no later than November 30, 2001.
Supplier hereby grants to HP, under Supplier's copyright and trade
secret rights, a non-exclusive, worldwide license to [ * ] of the
Training Materials solely for use in conjunction with HP's delivery of
internal training relative to the Silkworm 3800. The right to [ * ] is
granted solely for the purpose of combining the Training Materials
with HP produced instructional materials, and formatting and preparing
the Training Materials for training delivery. Except as provided in
this Section 1.2, HP may [ * ] No portion of the Training Materials
may be offered for resale by HP or used by HP to offer courses other
than to HP employees.
1.3 HP Trainer Certification. HP shall use reasonable [ * ] to ensure that
[ * ] HP SNS personnel take and pass Supplier's "Fabric Professional"
certification examination, no later than February 1, 2002. Such
examinations will take place at a VUE location of HP's choice.
Supplier will provide [ * ] to HP [ * ] vouchers valid for [ * ] each.
If at least [ * ] of HP University's training personnel have not
passed Supplier's "Fabric Professional" certification examination by
March 15 1, 2002, Supplier may, at its sole option, suspend HP's
license to Supplier's training materials, granted in article 1.2
herein, until such time as at least [ * ] of HP University's training
personnel pass the examination.
1.4 HP Training Requirement. HP shall use its reasonable [ * ] to conduct,
no later than March 15, 2002, internal training courses on the
Silkworm 3800 sufficient to cover no less than [ * ] HP personnel in
order to allow HP to become fully familiar with the Silkworm 3800 and
its market. The HP resources may include but will not be limited to
field and inside sales personnel, customer engineers, technical
consultants, and HP University Trainers.
1.5 HP TRAINING DEMONSTRATION HARDWARE. HP SNS will make its reasonable
[ * ] to provide Supplier with [ * ] of HP Demonstration Equipment to
be hosted in Supplier's [ * ] facilities. For the purpose of this
Agreement, HP Demonstration Equipment shall refer to HP [ * ]
Hardware, of the current or recent generation of the applicable HP
product. Each piece of HP Demonstration equipment will be provided
under the terms of a separately executed HP Equipment Loan Agreement,
the term of which shall be no less than [ * ].
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
2. DOCUMENTATION
2.1 Preparation of Documentation. Supplier shall prepare for HP and
provide a [ * ] of Supplier's standard documentation for
the Silkworm 3800 ("Documentation") [ * ] and in accordance with the
provisions of Exhibit (A-5). Such Documentation will include planning,
installation and operation, service and user guides, as enumerated in
Exhibit (A-5). Supplier shall retain ownership of such Documentation.
2.2 License to Documentation. Supplier shall provide HP with master copies
of the Documentation in both hard copy and electronic form. Except as
otherwise provided and subject to the retention of all copyright
notices and/or confidentiality legends, HP shall have the right to
[ * ] for use internally by its employees, contract employees, and
Resellers. HP shall have the right to [ * ] from the masters supplied
to it by Supplier for distribution to purchasers of the HP version of
the Silkworm 3800. HP shall not have the right to [ * ] except to
[ * ] HP part numbers and or product names. HP shall provide Supplier
with a copy of such [ * ] Product documentation for verification, and
Supplier agrees to perform such verification on the first version of
any release within [ * ] of receipt of such [ * ] Supplier's
verification of the [ * ] Documentation is for Supplier's internal
purposes only, and HP will not rely on such verification for any
purposes. Further, HP shall have the right to distribute such Product
documentation and software media to its Resellers and End User
Customers. Such License shall continue during the Term of this
Agreement and for [ * ] after the date of last shipment by HP of the
Products purchased under this Amendment.
3. DEVICE PLUG-IN LICENSE
In the event that Supplier incorporates the same Management Information Base
("MIB") structure on the 3800 as is on the 2800 utilizing the same strategy of
distinguishing between Supplier's existing devices, HP will use its reasonable
[ * ] to perform the development and testing of a Device Plug-in ("DPI")
applicable to HP's OpenView Storage software products to support the 3800,
[ * ]. Supplier shall maintain a designated development contact for HP, and will
provide reasonable technical support [ * ] and discretion for HP's development
of a DPI for the Silkworm 3800.
In the event that Supplier incorporates a different MIB structure than the 2800,
Supplier will use all reasonable efforts to support the Fibre Alliance MIB 3.0.
4. ENVIRONMENTAL
Notwithstanding the provisions of section 16 of the Agreement Supplier agrees
that the Silkworm 3800 and its packaging will comply with HP's General
Specifications for Environment, [ * ]
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
[ * ], attached hereto as Exhibit (B) provided however that those provision(s)
of HP's General Specifications for Environment relating to batteries should not
apply.
5. HP EQUIPMENT [ * ]:
Upon the effective date of this Amendment, and continuing for a period of not
less than [ * ], HP shall extend to Supplier a [ * ] of [ * ] of HP's [ * ] for
[ * ] and related products, and [ * ] and related products. These [ * ] levels
shall extend only to products procured by Supplier direct from HP's sales
organization, for Supplier's internal production or testing use.
6. HP [ * ]:
For the term of the Agreement, HP shall [ * ] Supplier, on a [ * ], "[ * ] Data"
relative to the OEM Products. Within [ * ] after the end of each [ * ]
(beginning with January 2002), HP shall provide a [ * ] Data report covering
[ * ] during that [ * ]. For the purposes of this Agreement, "[ * ] Data" shall
refer only to: the [ * ], separated by [ * ] and by [ * ] (and if possible,
[ * ] domestically, of each of the OEM Products [ * ] (as determined by the
[ * ] [ * ]); the HP [ * ] for each of the Products [ * ] and the total [ * ]
the Products [ * ] Such [ * ] shall be provided subject to the provisions of
Article (19) of the Agreement.
For the purposes of this Amendment, [ * ] Data shall not include any [ * ]
specific information.
7. HP MARKETING [ * ]
In [ * ] of Supplier's marketing activities related to Supplier's 2Gb fibre
channel switching technology, HP shall provide [ * ] in the form of (1) an HP
[ * ] in [ * ] of Supplier's 2Gb technology, which [ * ] shall be delivered in
accordance with HP's standard [ * ] policy and no later than 12/31/01 and (2) an
HP [ * ], delivered to Supplier no later than 11/3/01 in [ * ] of Supplier's 2Gb
technology, which [ * ] may be referenced by Supplier in Supplier's [ * ]
8. HP BUSINESS CONTINUANCE PROGRAM
HP agrees to use its reasonable [ * ] to define a high value "Business
Continuance" marketing program containing HP's XP512, VA7x00's, HP Surestore FC
6164, Extended Fabrics, Remote Switch, and HP's Disaster Recovery applications
for the HPUX and NT environments. Deliverables will include [ * ] or more
disaster recovery solution diagrams/slides utilizing the products and software
applications mentioned above. Additionally, the [ * ]
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
solutions shall include [ * ] positioning information. It is intended that the
components of these solutions are already tested and can be supported by the key
labs and HP support organizations. HP shall use its best reasonable efforts to
complete the Deliverables and deliver the Deliverables to HP's front-end storage
marketing organizations no later than 12/15/01. By 11/20/2001, HP will conduct a
marketing meeting with Supplier to define the Deliverables, and the Deliverables
will be defined within [ * ] after such meeting.
9. TERMINATION
In addition to the provisions in Article 22 of the Agreement, HP agrees that if
this Amendment or the Agreement is terminated due to HP's breach, then HP will
reimburse Supplier for its [ * ] to rework HP-customized Silkworm 3800 units
back to Supplier's standard product, as described in exhibit (A-2) hereto. HP's
duty to reimburse shall extend only to units within the [ * ] and to units for
which HP-requested customization has begun or is completed, up to the number of
units in the HP Forecasts as of the termination date.
10. EXHIBITS
Each of the following Exhibits referred to in this Amendment is incorporated in
full in this Amendment wherever reference to it is made:
AMENDMENT TWO - EXHIBIT (A) -- OEM PRODUCTS AND SPECIFICATIONS
(A-1) Supplier Product Specifications
(A-2) HP Configuration Specification Document
(A-3) HP Supplier Quality System Requirements
(A-4) Packaging
(A-5) Documentation
(A-6) OEM Product Interoperability Requirements
AMENDMENT TWO -- EXHIBIT (B) HP's General Specifications for Environment, [ * ]
AMENDMENT TWO -- EXHIBIT (C) -- PRICING AND FEES
AGREED:
BROCADE COMMUNICATIONS SYSTEMS, INC. HEWLETT-PACKARD COMPANY
By: By:
------------------------------- ---------------------------------
Name: Name:
------------------------------- ---------------------------------
Title: Title:
------------------------------- ---------------------------------
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
BROCADE COMMUNICATIONS
SWITZERLAND, SARL.
By:
-------------------------------
Name:
-------------------------------
Title:
-------------------------------
AMENDMENT TWO - EXHIBIT (A-1)
SUPPLIER PRODUCT SPECIFICATIONS
[PROVIDED IN PDF FORM; TO BE PRINTED IN SIGNATURE VERSION OF DOCUMENT.]
[GRAPHIC IMAGE APPEARS HERE]
AMENDMENT TWO - EXHIBIT (A-2)
HP CONFIGURATION SPECIFICATION DOCUMENT
Configuration Specification
for
Brocade's 3800 Network Switch
[GRAPHIC IMAGE APPEARS HERE]
Brocade 3800 Configuration Specification
Product Number: [ * ]
Model Numbers: [ * ]
Supplier: Brocade
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
1. Scope of Document
This document describes the expectations of how HP expects to receive the 2Gb
Network Switch and all parts, devices and components associated with the switch.
Typical expectations described in this document are:
- Part Numbering and Cross Referencing
- Configuration and revision
- Labeling
- Packaging
This document supercedes any specification described in the Supplier's Product
Specification Documentation.
2. Hewlett-Packard's Product Requirements
2.1 SOURCING MATERIAL AS LOGICAL UNITS
All material shall be sourced as individual logical units as defined in section
3. A logical unit is one that will be consumed as a single item within a single
process area or not consumed within the process area and can be set aside
without impacting the integrity of the end product. See section 3 for definition
and declaration of consumable and non-consumable material.
All logical units must be labeled (human readable and 3x9 barcode for scanning)
with a part number, serial number (if applicable) and quantity (if shipped in
bulk). See bar code information for more details. Individual part labeling is
applicable to all parts except when individual labeling is impractical (e.g.
screws, nuts, bolts, etc.).
ESD sensitive parts and material are to be packaged and labeled per industry
standards.
Shipping cartons shall not contain mixed logical units. Each shipping carton may
contain a maximum of one purchase order line item or part number.
2.2 BAR CODE REQUIREMENTS
- The bar code symbol bar shall be Code 39 (also known as "Code 3
of 9") as specified by the AIM Uniform Symbology Specification
Code 39.
- The symbol bar shall start with a minimum "Quiet Zone" of .25
inches and an asterisk "Start" character ( * in Code 39) where
applicable (no adjacent labels). The symbol shall end in the
asterisk followed again by a minimum .25 inches of "Quiet Zone".
- The bar code height shall be .125 inches (minimum).
2.3 POWER CORDS
Power cords have strict sourcing requirements. Power cords may only be sourced
from HP specified vendors and only under the HP part number. No other power cord
shall be considered. Because of these requirements, it is not necessary to
include power cords with the 6400 switch.
3.0 NSSO Purchased Parts
MODEL NUMBER: [ * ]
MODEL NUMBER [ * ] PART NUMBER: [ * ]
PART NUMBER: [ * ] DESCRIPTION: PERFORMANCE UPGRADE
DESCRIPTION: BASE UNIT OPT 001
- ----------------------------- ------------------------------- ----------------------------------
LICENSES
Webtools [ * ] [ * ]
Zoning [ * ] [ * ]
Quickloop [ * ] [ * ]
Fabric Watch [ * ] [ * ]
Trunking [ * ]
Perf. Monitoring [ * ]
Extended Fabric [ * ]
Remote Switch [ * ]
HARDWARE
Accessory Kit [ * ] [ * ]
Rails [ * ] [ * ]
Power Cords [ * ] [ * ]
Manuals [ * ] [ * ]
SWITCH CONFIGURATION
Chassis Color [ * ] [ * ]
Bezel Color [ * ] [ * ]
Badge [ * ] [ * ]
Firmware [ * ] [ * ]
IP Address default [ * ] [ * ]
Subnetmask [ * ] [ * ]
4.0 Labels
Label Description Location
-------------------- ------------------------------------ ------------------------
Serial Number HP Format (SN and bar code) Switch: top, rear,
right dimple; centered
Base Unit:
[ * ]
Performance Upgrade:
[ * ]
See section 5.1 for details
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
Agency HP customized Switch: bottom, front in dimple;
See section 5.2 centered.
3800 Product label HP Part Number and Bar code Switch: top, rear, left dimple;
centered.
Base Unit:
[ * ]
[GRAPHIC IMAGE APPEARS HERE]
Performance Upgrade
[ * ]
[GRAPHIC IMAGE APPEARS HERE]
See section 5.3
Shipping label Ship to Address Packaging: 2 labels per switch
Description placed in opposite sides of
HP Serial Number packing box in upper right
Revision corner.
HP Purchase Order
Brocade PN
CE mark
GOST mark
See section 5.7
3800 P/S rating label [ * ] Switch (power supply):
Top of power supply bezel,
centered.
Over pack label No change Upper right corner of pallet on
top of shrink wrap
IP address label [GRAPHIC IMAGE APPEARS HERE] Question: Will text be pad
printed where IP label is placed?
Front panel overlay label Background: Brocade default Switch: Front of unit
Text: Brocade default
[GRAPHIC IMAGE APPEARS HERE]
Brocade Serial Number No change Switch: Vertically placed to
left of left power supply.
Top cover Background: Brocade default Switch: Centered in recessed
removal/insertion label Text: Brocade default area on top cover of enclosure
[GRAPHIC IMAGE APPEARS HERE]
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
LED label Background: Brocade default Switch: On back of enclosure
Text: Brocade default between cooling trays
[GRAPHIC IMAGE APPEARS HERE]
Warning label [GRAPHIC IMAGE APPEARS HERE] Switch: Right side, towards
front between screw thread holes.
Accessory Kit label Accessory Kit, 2Gb 16 Port Switch Located on accessory kit box.
[ * ] Must contain:
[GRAPHIC IMAGE APPEARS HERE] - Description
- HP P/N
- Bar code of P/N.
5.0 Labels
5.1 HP SERIAL NUMBER LABEL
See 2.3 for more details.
BASE UNIT
[ * ]
where US = Country of Manufacture
B = Supplier ID, Brocade
0 = Revision Number 0
R = HP Product Name abbreviation
XXXXX = sequential numeric counter to start with
00001 and not reset when revision number is
changed.
PERFORMANCE UPGRADE
[ * ]
where US = Country of Manufacture
B = Supplier ID, Brocade
0 = Revision Number 0
S = HP Product Name abbreviation
XXXXX = sequential numeric counter to start with
00001 and not reset when revision number
is changed.
CONTENT:
HP Serial Number format
Bar code (3x9) of serial number
Examples:
Base Unit Performance Upgrade
--------- -------------------
[ * ] [ * ]
[GRAPHIC IMAGE APPEARS HERE] [GRAPHIC IMAGE APPEARS HERE]
LOCATION:
Switch: Top, rear (power supply side) of unit, in dimple to right
of unit.
FONT: Same as HP part number label. 11 font.
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
5.2 AGENCY LABEL
Note: These drawings are for reference only. The text of the label now
states "surestore fc 1Gb/2Gb switch 16B" not "surestore fc switch 4316" as
shown.
The label below shall be used once Korean Regulatory Approval is obtained.
[GRAPHIC IMAGE APPEARS HERE]
The label below shall be used until Korean Regulatory Approval is obtained.
[GRAPHIC IMAGE APPEARS HERE]
AGENCY LABEL PLACEMENT:
Bottom of unit, rear (towards power supplies) centered in dimple.
[GRAPHIC IMAGE APPEARS HERE]
5.3 3800 PRODUCT LABEL
CONTENT
HP Part Number Human Readable (either A7430-63001 or A7340-63004) Bar
code (3x9) of HP part Number
Examples for:
Base Unit Performance Upgrade
--------- -------------------
[ * ] [ * ]
[GRAPHIC IMAGE APPEARS HERE] [GRAPHIC IMAGE APPEARS HERE]
LOCATION
Switch: Top, rear (power supply slide) of unit in dimple to left of
unit.
SIZE:
2.25"(h) x 2"(w) (maximum)
FONT: 11 and same as 3800 product label.
5.4 RATING LABEL
[GRAPHIC IMAGE APPEARS HERE]
Place rating label on top of power supply bezel, centered. Present location
is left side of recessed area at the front of the power supply. It is
obstructed and difficult to read in this location.
[GRAPHIC IMAGE APPEARS HERE]
5.5 ACCESSORY KIT LABEL
Accessory kit box must be labeled with the following:
- Description: Accessory Kit, 2Gb 16 Port Switch
- Part Number: [ * ]
- Bar Code of part number: [GRAPHIC IMAGE APPEARS HERE]
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
BROCADE/HP CONFIDENTIAL
5.6 BROCADE SHIPPING LABEL
The shipping label for A7340-63001 and A7340-63004 must contain the
following fields:
- Ship to Address
- Description
- HP Serial Number
- Revision
- Purchase Order
- Brocade Part Number
- CE mark
- GOST mark
Example:
[GRAPHIC IMAGE APPEARS HERE]
Label location [GRAPHIC IMAGE APPEARS HERE]
6.0 Bezel Graphics
AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens
BROCADE/HP CONFIDENTIAL
[GRAPHIC IMAGE APPEARS HERE]
Note: Brocade default color with Quartz Gray lettering
7.0 FRUs
Supplier Part HP Replacement HP Exchange
Description Number Part Number Part Number
- --------------------- ----------------------- ------------------------- ------------------
Switch [ * ] [ * ] [ * ]
Power Supply [ * ] [ * ] [ * ]
Fan Module [ * ] [ * ] [ * ]
Serial Cable [ * ] [ * ] [ * ]
8.0 CD-ROM Artwork
[GRAPHIC IMAGE APPEARS HERE]
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens
BROCADE/HP CONFIDENTIAL
AMENDMENT TWO - EXHIBIT (A-3)
HP SUPPLIER QUALITY SYSTEM REQUIREMENTS
-- HEWLETT-PACKARD CO. --
This page provides a running history of changes for a multi-page drawing. List
all changes below, referencing page number and section number, if applicable. Be
concise when describing changes. If extensive revisions have been made, a
general statement that the document has been "revised and redrawn" is
permissible.
INITIALS
LTR. REVISIONS DATE OEM ENGINEER
---- --------- -------- ------------
A Preliminary Draft 9/6/01 [ * ]
B Updated Draft 11/02/01 [ * ]
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens
BROCADE / HP CONFIDENTIAL
[HEWLETT PACKARD LOGO]
HP PROPRIETARY
This document is the property of Hewlett-Packard Company (HP) and contains
confidential and proprietary information of HP. Neither it, nor the information
contained herein shall be disclosed to others, or duplicated, or used by other
except as authorized by HP writing.
HP P/N: [*]
-----------------------------------------
DATE: NOVEMBER 2, 2001 DESCRIPTION:
16 PORT 2GB 3800 SWITCH
SUPPLIER QUALITY/RELIABILITY REQUIREMENTS
BY: [ * ] DOCUMENT: QUALITY PLAN
BROCADE 3800 2Gb SWITCH
SUPPLIER QUALITY/RELIABILITY
REQUIREMENTS DOCUMENT
Model Numbers:
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens
BROCADE / HP CONFIDENTIAL
A7340A/AZ -- 16 Port 2Gb 3800 Switch
Supplier: Brocade
DOCUMENT REVISION HISTORY
REVISION # DATE DESCRIPTION
- ---------- --------- --------------
00 09/06/01 - Initial Release
01 11/02/01 - [ * ]
[ * ]
[ * ]
[ * ]
[ * ]
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens
BROCADE / HP CONFIDENTIAL
TABLE OF CONTENTS
1. PURPOSE 6
2. DEFECTIVE PRODUCT: 6
2.1. [ * ] 6
3. [ * ] TEST PROCESS 7
3.1. [ * ] 7
3.2. HP INCOMING [ * ] 7
3.3. DOCK-TO-STOCK 8
3.4. OOBA INSPECTION 8
4. FIELD QUALITY / RELIABILITY 9
4.1. AFR (ANNUAL FAILURE RATE) 9
5. FAILURE ANALYSIS EXPECTATIONS 9
6. QUALITY DATA EXPECTATIONS 10
6.1. HP'S RESPONSIBILITY 10
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens
BROCADE / HP CONFIDENTIAL
6.2. SUPPLIER'S RESPONSIBILITY 10
[ * ] REPORTS 10
OTHER REPORTS 27
7. COMMUNICATION EXPECTATIONS 11
7.1 PRODUCT CHANGES REQUIRING HP APPROVAL 11
7.2 PROCESS CHANGES REQUIRING HP APPROVAL 11
7.3 SHIPMENT HOLD NOTIFICATION 11
7.4 [ * ] 11
8.0 SUPPLIER QUALITY SYSTEM 11
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens
PURPOSE
The purpose of this Quality/Reliability Requirements Document is to establish an
understanding and agreement between Hewlett-Packard (HP) and the Supplier with
regard to quality and reliability expectations and responsibilities. The terms
Supplier and Seller are used interchangeably in this Quality/Reliability
Requirements Document.
It is HP's objective to receive product of the [ * ]. The product must
consistently [ * ] the requirements of this document and the individual
specifications applicable to each Product. It is HP's expectation that Brocade
shall strive to ship defect-free, fully tested product as measured at the first
operational test at HP. Repaired units are subject to the same product
specifications as when originally shipped.
HP's objective is to work in close cooperation with Brocade to resolve any
quality issue and expects Brocade to work diligently to resolve any quality
issue.
DEFECTIVE PRODUCT:
HP shall inform Brocade of any units or lots that fail, and provide Brocade with
yield percentages. Defective units or lots will be shipped to Brocade's facility
as instructed by Brocade. Brocade shall test and verify all failed units, and
provide the data of failure symptoms observed or NTF (No Trouble Found), on all
units returned from HP worldwide manufacturing sites.
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens
BROCADE / HP CONFIDENTIAL
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ] TEST PROCESS
[ * ] [ * ]
First production shipment to HP will be [ * ] at [ * ] listed in HP's
Configuration Specification for the 3800 switch. The [ * ] [ * ] will
include a review of the following items:
a) Packaging (check for damage during shipment)
b) Identification (labeling of product and package)
c) Content (proper components in the package)
d) Configuration (correct revisions, jumper settings, etc)
HP INCOMING [ * ]
Brocade's process control must be demonstrated through a [ * ] of all new
product. HP shall [ * ] [ * ]units received from Brocade. If there are any
functional failures or cosmetic failures HP has the right to [ * ]
Brocade's [ * ].
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens
BROCADE / HP CONFIDENTIAL
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
All failures require a [ * ] report completed by Brocade within [ * ] after
notification. If Brocade needs the defective unit to determine the root
cause, then Brocade shall complete a [ * ] report within [ * ] after
receipt of the defective unit(s). The report shall contain detailed
explanation of the root cause and [ * ] performed. HP shall verify the
report during the [ * ]
DOCK-TO-STOCK
The 3800 switch will move to Dock-To-Stock status after successful
completion of [ * ] as listed in Section 3.2. Upon successful completion of
[ * ] and [ * ] subsequent shipments will not be inspected as they are
received by HP-NSSO.
OOBA INSPECTION
OOBA is performed after a [ * ] Final Inspection at Brocade's manufacturing
line. The focus of OOBA is to screen for failures, rectify any lots with
problems, and implement [ * ] based on the observed failures.
The In-Process Acceptance Limit has been established and specified in the
following chart. The In-Process Lot Sample Inspection shall be used when
determining the Q1 score for the TQRDC/E review.
DPM
PART DESCRIPTION PART NUMBER UPPER LIMIT
---------------- ----------- -----------
[ * ] [ * ] [ * ]
If the DPM goal is not met, Brocade will provide [ * ] and [ * ]the
manufacturing process (and/or contract supplier process if necessary) and
hold [ * ] until [ * ] the stated goal.
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens
BROCADE / HP CONFIDENTIAL
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
FIELD QUALITY / RELIABILITY
AFR (ANNUAL FAILURE RATE)
AFR is calculated as number of verified failures per annual installed
based. The Field Failure Rate (AFR) Limit shall be used when determining
the Q2 score for the TQRDC/E review.
HP REPLACEMENT FIELD FAILURE
PART DESCRIPTION PART NUMBER RATE (AFR) LIMIT
- ---------------- -------------- ----------------
[ * ] [ * ] [ * ]
AFR limit does not include [ * ].
FAILURE ANALYSIS EXPECTATIONS
Supplier shall test and verify all unit failures returned by HP worldwide
manufacturing organizations, HP field and failures found at Brocade's
manufacturing line. Brocade shall promptly institute the [ * ] report and [ * ]
that may be required to prevent any further rejects for such cause.
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens
BROCADE / HP CONFIDENTIAL
[ * ] first evaluation shall be completed to the component level within [ * ]
after receipt of the unit at Brocade. If problem cannot be detected with typical
diagnostic tests and burn-in/stress testing is required, then an evaluation
report will be sent within [ * ] of receipt of unit. Complete [ * ] report will
be completed in [ * ] and sent to HP's Material Engineer.
QUALITY DATA EXPECTATIONS
Brocade's quality data shall include, but not be limited to, [ * ] and [ * ]
regarding failures.
HP'S RESPONSIBILITY
HP shall inform Brocade of In-Process Failures that occur at [ * ] on a
[ * ] basis.
SUPPLIER'S RESPONSIBILITY
[ * ] REPORTS
Supplier shall provide the following reports to HP-NSSO's OEM Engineer on a
[ * ]basis:
- [ * ] of all reports contained in following [ * ] report section.
[ * ] REPORTS
Brocade shall provide the following reports to HP-NSSO's Mass Storage OEM
Engineers on a monthly basis:
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens
BROCADE / HP CONFIDENTIAL
OTHER REPORTS
Brocade shall provide the following additional information to the HP's
Material Engineer.
- [ * ] upon completion.
COMMUNICATION EXPECTATIONS
7.1 PRODUCT CHANGES REQUIRING HP APPROVAL
The evaluation period for changes is covered in the HP/Brocade Purchase
Agreement. The intent is to allow HP [ * ] to review the proposed change
and supplier [ * ] and to perform [ * ], if necessary. Brocade must [ * ]
[ * ] of upcoming changes in order to assure a smooth implementation.
Changes must be communicated in writing in the form of an Engineering
Change Request (ECR) document and sent to the OEM Engineer. Changes that
must be communicated in writing are:
1. [ * ]
[ * ]
[ * ]
[ * ]
7.2 PROCESS CHANGES REQUIRING HP APPROVAL
Brocade shall notify HP of any major changes to the manufacturing
process in writing [ * ] prior to proposed implementation. These
include:
[ * ]
[ * ]
[ * ]
[ * ]
7.3 SHIPMENT HOLD NOTIFICATION
Brocade shall notify HP verbally of any line-down or ship hold situations
that will adversely affect HP shipments or HP's installed base within [ * ]
of such situation occurring. A written analysis of HP's inventory exposure
and a recovery plan, if applicable, shall be provided within [ * ] of such
situation occurring.
7.4 [ * ]
Brocade will maintain a [ * ] with HP to address all open issues and will
[ * ]
8.0 SUPPLIER QUALITY SYSTEM
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens
BROCADE / HP CONFIDENTIAL
A. [ * ]
B. [ * ]
C. [ * ]
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens
BROCADE / HP CONFIDENTIAL
AMENDMENT TWO - EXHIBIT (A-4)
PACKAGING
AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens
BROCADE / HP CONFIDENTIAL
[GRAPHIC IMAGE APPEARS HERE]
PARTS LIST
FOAM MATERIAL 2# PLM POLYETHYLENE FOAM
COLOR WHITE
STYLE: CORR/FOAM SNAP CRADLE PACK
PART A) FABRICATED PAD
SIZE: 2n x 4 x 4.4375
QTY: 3 PER SET
PART B) FABRICATED PAD
SIZE: 2n x 4 x 4.4375
QTY: 2 PER SET
PART C) FABRICATED PAD
SIZE: 2n x 30625 x 4
QTY: 4 PER SET
PART D) FABRICATED PAD
SIZE: 2n x 2.75 x 4
QTY: 2 PER SET
PART E) FABRICATED PAD
SIZE: 25n x 55 x 7.3125
QTY: 4 PER SET
PART F) FABRICATED PAD
SIZE: 2.5n x 2.75 x 4
QTY: 2 PER SET
PART G) FABRICATED PAD
SIZE: 2n x 3.1875 x ??
QTY: 4 PER SET
PART H) SPDC
MATERIAL: 200# C FLUTE KRAFT
SIZE: 60 x 22 KNOCKED DOWN
QTY: 1
PART I) OUTER CARTON (NOT SHOWN)
XPEDX
31129 WIEGMAN ROAD HAYWARD, CA 95444
PHONE: 800-468-0204 FAX: (510)-477-6622
QTY. PER CLIENT:
SET:
APPROVAL: DATE: BROCADE COMMUNICATION
TOLERANCE: SCALE: UNITS: CUSTOMER:
1.125 UNLESS NOTED NONE INCH PART#:
MATERIAL/FINISH NOTED AS
APPLICABLE
NOTE: CYLON
XP=DX
UNLESS OTHERWISE NOTED ALL FILE REF#:CYLON
UNITS ARE INCH RULE ASSEMBLY
DIMENSIONS ARE VARIABLE
UNTIL FINAL APPROVAL
DRAFTER:??USTEN
BAUSEWEIN
DATE:08 08 01
PAGE: 1 OF 3 REV#: B0
DO NOT SCALE DRAWING
AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens
BROCADE / HP CONFIDENTIAL
[GRAPHIC IMAGE APPEARS HERE]
[GRAPHIC IMAGE APPEARS HERE]
??
1) ??
2) ??
3) ??
4) ??
5) ??
6) ??
XPEDX
31129 WIEGHAN ROAD HAYWARD, CA 95444
PHONE: 800-468-0204 FAX: (510)-477-6622
QTY. PER SET: CLIENT:
APPROVAL: DATE: BROCADE
TOLERANCE: SCALE: UNITS: CUSTOMER:
# 125 UNLESS NOTED 1:1 ??
MATERIAL/FINISH NOTED AS PART #:
APPLICABLE
NOTE: NYLON FOAM
UNLESS OTHERWISE NOTED: XP=DX
ALL UNITS ARE INCH RULE
DIMENSIONS ARE VARIABLE
UNTIL FINAL APPROVAL
FILE REF#:CYLON FOAM
DRAFTER:
DATE: 8 08 01
PAGE: 2 OF 3 / REV #: ??
AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens
BROCADE / HP CONFIDENTIAL
Do not scale drawing.
AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens
BROCADE / HP CONFIDENTIAL
[GRAPHIC IMAGE APPEARS HERE]
AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens
BROCADE / HP CONFIDENTIAL
[GRAPHIC IMAGE APPEARS HERE]
??
1.) ??
2.) ??
3.) ??
4.) ??
5.) ??
6.) ??
[ * ]
[ * ]
[ * ]
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens
BROCADE / HP CONFIDENTIAL
[GRAPHIC IMAGE APPEARS HERE]
[ * ]
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens
BROCADE / HP CONFIDENTIAL
EXHIBIT (A-5)
DOCUMENTATION
[ * ]
October 8, 2001
CONTENT CHANGES
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
STYLE AND FORMAT
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
PROCESS
[ * ]
[ * ]
[ * ]
[ * ]
DELIVERY
[ * ]
[ * ]
[ * ]
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens
BROCADE / HP CONFIDENTIAL
EXHIBIT (A-6) (ADDITION)
OEM PRODUCT INTEROPERABILITY REQUIREMENTS
This is an ADDITION to Exhibit (A-6) of the Agreement.
Based on the interoperability specifications and FC standards compliance
outlined in EXHIBIT -- A6, the Supplier will make [ * ] the following
heterogeneous switch configurations involving Brocade-3800 and fc-64 products
[ * ] The configurations below assume same host and target connectivity and port
topologies as defined in the test plan referenced in step 1) below. Supported
features are outlined below.
As a correction to the version of EXHIBIT (A-6) appended to the Agreement as of
the Agreement's Effective Date, if the mutually agreed upon configurations
include a switch not manufactured by Supplier, then HP shall supply such switch.
As an update to the version of EXHIBIT (A-6) appended to the Agreement as of the
Agreement's Effective Date, Supplier and HP acknowledge that the 1 Gbit IOP
testing process specified in Exhibit (A-6) was not completed. Supplier and HP
agree that the configurations specified in this Exhibit (A-6) (Addition), for
which configurations the 5 step process below is successfully completed, will be
supported by Supplier. The combination 1Gbit and 2Gbit configurations in this
exhibit will supersede and replace the 1 Gbit configurations specified in
EXHIBIT (A-6).
Below is the agreed upon process required for Supplier to support configurations
containing fabrics with switches not manufactured by Supplier.
1) HP and Supplier define the mutually agreed upon configuration and test
plan.
2) HP will supply to Brocade detailed test results they have completed.
Detailed results will include but are not limited to:
a) [ * ]
b) [ * ]
c) [ * ]
d) [ * ]
e) [ * ]
f) [ * ]
3) Based on the detailed HP test results, Supplier will then define what
additional testing is required to satisfy support requirements.
4) HP agrees to supply the non-Supplier manufactured switch equipment contained
in the mutually agreed upon configurations for testing and bug replication. The
non-Supplier manufactured switches will be loaned for the period that Supplier
support is required by HP.
5) Once the tests are passed to HP and Supplier's satisfaction, Supplier agrees
to support the configurations to the levels defined in the Agreement. If HP
requests that Supplier support a configuration that includes non-Supplier
manufactured switches that have not been provided to Supplier for test and bug
replication purposes, then HP agrees Supplier will not be held to the Support
response times defined in the Agreement. If these configurations produce
mutually agreed upon test results, HP and Supplier agree to make commercially
reasonable efforts to meet Support requirements in the Agreement.
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens
BROCADE / HP CONFIDENTIAL
[GRAPHIC IMAGE APPEARS HERE]
[ * ]
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens
BROCADE / HP CONFIDENTIAL
[GRAPHIC IMAGE APPEARS HERE]
[ * ]
[ * ] [ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ] [ * ]
[ * ]
[ * ]
[ * ]
[ * ]
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens
BROCADE / HP CONFIDENTIAL
[ * ]
[ * ] [ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
[ * ]
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens
BROCADE / HP CONFIDENTIAL
AMENDMENT TWO - EXHIBIT (B)
HP'S GENERAL SPECIFICATIONS FOR ENVIRONMENT, [ * ]
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens
SPECIFICATION CONTROL DRAWING
1. GENERAL
1.1 This specification provides Hewlett-Packard Company's (HP's) general
requirements for either restricting or prohibiting certain chemical
compounds as constituents of parts, components, materials and products
purchased by HP worldwide, or prohibiting the use of certain compounds
in the manufacture of parts, components materials and products
purchased by HP worldwide.
1.2 This specification also provides HP's general requirements for
recycling and disposal-marking and labeling of HP purchased parts,
components, materials and products; in particular, for batteries.
1.3 This specification is not intended to be a listing of all product
content limitations or restrictions that may be established as a matter
of law. Seller's compliance with this specification does not relieve or
diminish Seller's obligation to comply with all applicable laws.
1.4 This specification is in addition to, and does not in any way limit or
supersede, any other product specifications that may be established by
HP.
1.5 This specification contains the following sections:
1.5.1 General
1.5.2 Purpose
1.5.3 General Product Content Restrictions
1.5.4 Battery Content Restrictions
1.5.5 Packaging Materials Content Restrictions
1.5.6 Product Labeling and Marking Requirements
1.5.7 New Chemical Registration Requirements
1.5.8 Tables
1.5.8.1 Ozone Depleting Substances Prohibited From Product Manufacturing
Process
1.5.8.2 Ozone Depleting Substances Prohibited From Products
1.5.8.3 Polybrominated Biphenyl/Polybrominated Biphenyl Ether/Polybrominated
Diphenyl Oxide (PBB/PBDE/PBDO) Flame Retardants Prohibited from
Products
1.5.8.4 Labeling Requirements for Batteries, and Products and Packaging
Containing Batteries
Date: 09/29/99 GENERAL Page 1 of 8
Changes since previous issue noted SPECIFICATION FOR [ * ]
by approval: [ * ] ENVIRONMENT Rev. D
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THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
SPECIFICATION CONTROL DRAWING
2. PURPOSE
The purpose of this specification is to present HP's general
product content requirements for HP purchased parts, components,
materials and products that HP sells or that are incorporated into the
products HP sells.
3. GENERAL PRODUCT CONTENT RESTRICTIONS
The content restrictions specified in this Section apply to the
specified compound as a constituent of all parts, components, materials
or products purchased by HP. For additional product content
restrictions applicable to batteries only, see Section 4. For
additional product content restrictions applicable to packaging
materials only, see Section 5.
3.1 Asbestos Restrictions
Asbestos must not be present in parts, components, materials or
products.
3.2 Cadmium Restrictions
3.2.1 Cadmium must not be used as a stabilizer, coloring agent or as a
surface coating treatment.
3.2.2 The total concentration of cadmium in parts, components, materials or
products must not exceed 50 parts per million (50 PPM) by weight (50
mg/kg). This cadmium restriction does not apply to batteries.
3.2.3 Lead Restrictions in Paints
Lead carbonates and sulfates must not be used in any paint applied to
parts, components, or products.
3.2.4 Mercury Restrictions
Mercury must not be contained in any part, material, component or
product, including but not limited to switches, relays or electrical
contacts. This mercury restriction does not apply to lamps with less
than 10 mg of mercury.
3.3 Ozone Depleting Substances (ODS) Restrictions.
3.3.1 ODS Use in Product Manufacturing Process.
The ODS substances listed in Table 8.1 must not be used in the
manufacturing process of any parts, components, materials or products.
3.3.1 ODS in Products Parts, Components, Materials and Products
The ODS substances listed in Table 8.2 must not be contained in any
pans, components, materials or products.
Date: 09/29/99 GENERAL Page 2 of 8
Changes since previous issue noted SPECIFICATION FOR [ * ]
by approval: [ * ] ENVIRONMENT Rev. D
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
SPECIFICATION CONTROL DRAWING
3.4 Polybrominated Biphenyls (PBBs) and Polybrominated Biphenyl Ethers
(PBBEs)/ Polybrominated Biphenyl Oxides (PBBOs) Restrictions
Plastic parts, components, materials and products must not contain
polybrominated biphenyls or polybrominated biphenyl ethers, also known
as polybrominated biphenyl oxides, flame retardants. Specific PPBs and
PBBEs, include but are not limited to, those listed in Table 3.3.
3.5 Polychlorinated Biphenyl (PCB) and Polychlorinated Terphenyls (PCT)
Restrictions
Polychlorinated biphenyls (PCB) and polychlorinated terphenyls (PCT)
must not be present in parts, components, materials, or products.
4. BATTERY CONTENT RESTRICTIONS
The content restrictions specified in this Section apply to all
batteries purchased by HP, and to all batteries contained in any parts,
components or products purchased by Hewlett-Packard.
4.1 Mercury Restrictions
4.1.1 Batteries must not contain mercury exceeding 5 part per million (5 PPM)
by weight (5 mg/kg).
4.1.2 Products, parts and components must not contain mercuric oxide
batteries.
4.2 Cadmium Restrictions
The total cadmium content of alkaline-manganese batteries must not
exceed 10 parts per million (10 PPM) by weight (10 mg/kg).
5. PACKAGING MATERIALS CONTENT RESTRICTIONS
The content restrictions specified in this section apply to all
packaging materials purchased by HP and used to package HP products
that are incorporated in the products HP sells.
5.1 ODS Restrictions in Packaging Materials
CFCs and HCFCs listed in Tables 8.1 and 3.2 must not be used in plastic
foam packaging materials, for example, as foaming agents.
5.2 Heavy Metals Restrictions in Packaging Materials.
Packaging materials must not contain any amount of lead, mercury,
cadmium, or hexavalent chromium as an intentionally added element. The
sum concentration of incidental lead, mercury, cadmium, and hexavalent
chromium must not exceed 100 parts per million, 100 PPM, by weight (100
mg/kg).
Date: 09/29/99 GENERAL Page 3 of 8
Changes since previous issue noted SPECIFICATION FOR [ * ]
by approval: [ * ] ENVIRONMENT Rev. D
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
SPECIFICATION CONTROL DRAWING
6. PRODUCT LABELING AND MARKING REQUIREMENTS
6.1 Battery Labeling Requirements
Batteries, rechargeable consumer products with not easily
removable battery, and their packaging must be labeled according to the
requirements specified in Table 8.4.
7. CHEMICAL REGISTRATION REQUIREMENTS
Each chemical substance contained in parts, components, materials and
products sold to HP must comply with chemical registration and
premanufacture notification requirements in those countries which have
enacted such requirements (including but not limited to Australia,
Canada, China, Japan, South Korea, Switzerland, the United States, and
the countries of the European Union). This is in order to permit import
and sale of the parts, components, materials and products sold to HP in
all of these countries.
8. TABLES
Table 8.1 - Ozone Depleting Substances Prohibited From Product Manufacturing
Process
CHLOROFLUOROCARBONS HALONS
[ * ] [ * ]
[ * ] [ * ]
[ * ] [ * ]
[ * ] [ * ]
[ * ]
[ * ]
[ * ] OTHER
[ * ]
[ * ] [ * ]
[ * ] [ * ]
[ * ] [ * ]
[ * ] [ * ]
[ * ]
[ * ]
[ * ]
[ * ]
Date: 09/29/99 GENERAL Page 4 of 8
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by approval: [*] ENVIRONMENT Rev. D
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THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
SPECIFICATION CONTROL DRAWING
Table 8.2 - Ozone Depleting Substances Prohibited From Products
Group I Chlorofluorocarbons, CFCs (includes isomers of listed substances)
[ * ] [ * ] [ * ] [ * ]
[ * ] [ * ] [ * ] [ * ]
[ * ] [ * ] [ * ] [ * ]
Group II Other Fully Halogenated CFCs (includes isomers of listed substances)
[ * ] [ * ] [ * ] [ * ]
[ * ] [ * ] [ * ] [ * ]
[ * ] [ * ] [ * ] [ * ]
[ * ] [ * ] [ * ] [ * ]
[ * ] [ * ] [ * ] [ * ]
Group III Halons (includes isomers of listed substances)
[ * ] [ * ] [ * ] [ * ]
[ * ] [ * ]
Group IV
[ * ]
Group V
[ * ]
Group VI
[ * ]
Date: 09/29/99 GENERAL Page 5 of 8
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by approval: [*] ENVIRONMENT Rev. D
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
SPECIFICATION CONTROL DRAWING
Table 8.2 - Ozone Depleting Substances Prohibited From Products (Continued)
Group VII Hydrobromofluorocarbons, HBFC's (includes isomers of listed
substances)
[ * ] [ * ] [ * ]
[ * ] [ * ] [ * ]
[ * ] [ * ] [ * ]
[ * ] [ * ] [ * ]
[ * ] [ * ] [ * ]
[ * ] [ * ] [ * ]
[ * ] [ * ] [ * ]
[ * ] [ * ] [ * ]
[ * ] [ * ] [ * ]
[ * ] [ * ] [ * ]
[ * ] [ * ]
Group VIII Hydrochlorofluorocarbons, HCFC's (includes isomers of listed
substances)
[ * ] [ * ] [ * ] [ * ]
[ * ] [ * ] [ * ] [ * ]
[ * ] [ * ] [ * ] [ * ]
[ * ] [ * ] [ * ] [ * ]
[ * ] [ * ] [ * ] [ * ]
[ * ] [ * ] [ * ] [ * ]
[ * ] [ * ] [ * ] [ * ]
[ * ] [ * ] [ * ] [ * ]
[ * ] [ * ] [ * ] [ * ]
[ * ] [ * ] [ * ] [ * ]
[ * ] [ * ] [ * ] [ * ]
[ * ] [ * ] [ * ] [ * ]
[ * ] [ * ] [ * ] [ * ]
[ * ] [ * ] [ * ] [ * ]
[ * ] [ * ] [ * ] [ * ]
[ * ] [ * ] [ * ] [ * ]
[ * ] [ * ] [ * ] [ * ]
[ * ] [ * ] [ * ] [ * ]
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Date: 09/29/99 GENERAL Page 6 of 8
Changes since previous issue noted SPECIFICATION FOR [ * ]
by approval: [*] ENVIRONMENT Rev. D
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
SPECIFICATION CONTROL DRAWING
Table 8.3 - Polybrominated Biphenyl and Biphenyl Ether Flame Retardants
Prohibited From Products
NAME CAS NUMBER
[ * ] [ * ]
[ * ] [ * ]
[ * ] [ * ]
[ * ] [ * ]
[ * ] [ * ]
[ * ] [ * ]
[ * ]
[ * ] [ * ]
[ * ] [ * ]
[ * ] [ * ]
[ * ]
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[ * ] [ * ]
[ * ]
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* Polybrominated Biphenyl(s) = Polybromobiphenyl(s) = Polybromodiphenyl(s)
** Polybrominated Biphenyl Ether(s) = Polybrominated Biphenyl Oxide(s)
CAS = Chemical Abstract Service
Date: 09/29/99 GENERAL Page 7 of 8
Changes since previous issue noted SPECIFICATION FOR [ * ]
by approval: [*] ENVIRONMENT Rev. D
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
SPECIFICATION CONTROL DRAWING
Table 8.4 - Labeling Requirements for Batteries, Consumer Products Containing
Batteries, and their Packaging
PRODUCT TYPE SYMBOL WORDING ON LABEL
- ------------ ------ ----------------
Alkaline batteries See Note 1 below - Manufacturer's name and
address
lead-acid (sealed) batteries and [GRAPHIC IMAGE APPEARS HERE] - Manufacturer's name and address
their packaging - Pb
- "BATTERY MUST BE RECYCLED."
Lithium and Lithium ion batteries See Note 1 below - Manufacturer's name and
address
- lithium or lithium ion
Nickel-Cadmium batteries and their [GRAPHIC IMAGE APPEARS HERE] - Manufacturer's name and address
packaging - Ni-Cd
- "BATTERY MUST BE RECYCLED OR
DISPOSED OF PROPERLY."
Nickel metal hydride batteries See Note 1 below - Manufacturer's name and
address
- "CONTAINS NICKEL METAL
HYDRIDE (NIMH) BATTERY."
Rechargeable consumer products [GRAPHIC IMAGE APPEARS HERE] - Manufacturer's name and address
containing not easily removable - "CONTAINS SEALED LEAD
sealed lead acid batteries BATTERY. BATTERY MUST BE
RECYCLED."
Rechargeable consumer products [GRAPHIC IMAGE APPEARS HERE] - Manufacturer's name and address
containing not easily removable - "CONTAINS NICKEL-CADMIUM
Nickel-Cadmium batteries BATTERY. BATTERY MUST BE
RECYCLED OR DISPOSED OF
PROPERLY."
Packaging of rechargeable consumer [GRAPHIC IMAGE APPEARS HERE] - Manufacturer's name and
product containing sealed lead address
battery - "CONTAINS SEALED LEAD
BATTERY. BATTERY MUST BE
RECYCLED."
Packaging of rechargeable consumer [GRAPHIC IMAGE APPEARS HERE] - Manufacturer's name and
product containing nickel-cadmium address
battery - "CONTAINS NICKEL-CADMIUM
BATTERY. BATTERY MUST BE
RECYCLED OR DISPOSED OF
PROPERLY."
NOTE 1: LABELING REQUIREMENT FOR THE NETHERLANDS
This label must be on the packaging of the battery (if sold separate
from the product) or in the manual of the product containing the
battery with statements about removal of the battery.
Date: 09/29/99 GENERAL Page 8 of 8
Changes since previous issue noted SPECIFICATION FOR [ * ]
by approval: [*] ENVIRONMENT Rev. D
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
BROCADE / HP CONFIDENTIAL
BROCADE FABRIC SOFTWARE OEM PRODUCT PER-COPY FEES.
HP PART DESCRIPTION: [HP private-label name pending]
SUPPLIER MODEL NO. / DESCRIPTION: [ * ]
HP per-license fee: [ * ]
HP PART DESCRIPTION: [HP private-label name pending]
SUPPLIER MODEL NO. / DESCRIPTION: [ * ]
HP per-license fee: [ * ]
HP PART DESCRIPTION: [HP private-label name pending]
SUPPLIER MODEL NO. / DESCRIPTION: [ * ]
HP per-license fee: [ * ]
HP PART DESCRIPTION: [HP private-label name pending]
SUPPLIER MODEL NO. / DESCRIPTION: [ * ]
HP per-license fee: [ * ]
HP PART DESCRIPTION: [HP private-label name pending]
SUPPLIER MODEL NO. / DESCRIPTION: [ * ]
HP per-license fee: [ * ]
* CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE
OMITTED PORTIONS.
AMENDMENT NO. 2 -- Rev 8.0 dated 11/07/2001- Tippens