Common use of Product Warranty to McDATA Clause in Contracts

Product Warranty to McDATA. BROCADE warrants to McDATA that the Products (except for Products which may be refurbished pursuant to Section 15.4) are new , and that, for a period of [*] months after the date of the shipment of the Products to McDATA (the "Hardware Warranty Period") (i) the Hardware will substantially conform to BROCADE's standard manufacturing [*] test processes as set forth in Exhibit J, and (ii) the Products will be Year 2000 compliant. In addition, BROCADE warrants to McDATA that for a period of ninety (90) days after the date of shipment of the Products to McDATA (the "Software Warranty Period") the Licensed Software will substantially conform to the applicable standard BROCADE product specifications for the Licensed Software. For the purposes of this Agreement, "Year 2000 compliant" means that all Products and Documentation provided to McDATA will correctly interpret and manipulate all date-related data, when dates are in the 20th and 21st centuries, and that no delivery or performance of such Products and Documentation shall be materially interrupted or delayed as a result of the occurrence of or processes driven by dates after December 31, 1999, provided that the non-BROCADE hardware, software and other system components with which the Products and Documentation interact, directly or indirectly (including without limitation the McDATA Products and all other third party information, materials, components, hardware and software or any kind), also correctly interpret and manipulate all such date-related data.

Appears in 3 contracts

Samples: Oem and License Agreement (McData Corp), Oem and License Agreement (Brocade Communications Systems Inc), Oem and License Agreement (Brocade Communications Systems Inc)

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Product Warranty to McDATA. BROCADE warrants to McDATA that the Products (except for Products which may be refurbished pursuant to Section 15.4) are new , and that, for a period of [*] months after the date of the shipment of the Products to McDATA (the "Hardware Warranty Period") (i) the Hardware will substantially conform to BROCADE's standard manufacturing [*] test processes as set forth in Exhibit J, and (ii) the Products will be Year 2000 compliant. In addition, BROCADE warrants to McDATA that for a period of ninety (90) days after the date of shipment of the Products to McDATA (the "Software Warranty Period") the Licensed Software will substantially conform to the applicable standard BROCADE product specifications for the Licensed Software. For the purposes of this Agreement, "Year 2000 compliant" means that all Products and Documentation provided to McDATA will correctly interpret and manipulate all date-related data, when dates are in the 20th and 21st centuries, and that no delivery or performance of such Products and Documentation shall be materially interrupted or delayed as a result of the occurrence of or processes driven by dates after December 31, 1999, provided that the non-BROCADE hardware, software * Certain information on this page has been omitted and other system components filed separately with which the Products and Documentation interact, directly or indirectly (including without limitation Commission. Confidential treatment has been requested with respect to the McDATA Products and all other third party information, materials, components, hardware and software or any kind), also correctly interpret and manipulate all such date-related dataomitted portions. Asterisks within brackets denote omissions.

Appears in 1 contract

Samples: Oem and License Agreement (McData Corp)

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Product Warranty to McDATA. BROCADE warrants to McDATA that the Products (except for Products which may be refurbished pursuant to Section 15.4) are new new, and that, for a period of [*] months after the date of the shipment of the Products to McDATA (the "Hardware Warranty Period") (i) the Hardware will substantially conform to BROCADE's standard manufacturing [*] test processes as set forth in Exhibit J, and (ii) the Products will be Year 2000 compliant. In addition, BROCADE warrants to McDATA that for a period of ninety (90) days after the date of shipment of the Products to McDATA (the "Software Warranty Period") the Licensed Software will substantially conform to the applicable standard BROCADE product specifications for the Licensed Software. For the purposes of this Agreement, "Year 2000 compliant" means that all Products and Documentation provided to McDATA will correctly interpret and manipulate all date-related data, when dates are in the 20th and 21st centuries, and that no delivery or performance of such Products and Documentation shall be materially interrupted or delayed as a result of the occurrence of or processes driven by dates after December 31, 1999, provided that the non-BROCADE hardware, software * Certain information on this page has been omitted and other system components filed separately with which the Products and Documentation interact, directly or indirectly (including without limitation Commission. Confidential treatment has been requested with respect to the McDATA Products and all other third party information, materials, components, hardware and software or any kind), also correctly interpret and manipulate all such date-related dataomitted portions. Asterisks within brackets denote omissions.

Appears in 1 contract

Samples: Oem and License Agreement (McData Corp)

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