IBM Corporation/ Voltaire Networks Amendment #7 to SOW 4904RL1344 9/13/2007
Exhibit 4.17
IBM Corporation/ Voltaire Networks
Amendment #7 to
SOW 4904RL1344
9/13/2007
Amendment #7 to
SOW 4904RL1344
9/13/2007
This amendment and its attachments, which are incorporated by reference, (“Amendment
# 7”) is entered into and made effective at the date of the last signed signature, by
and between Voltaire, Inc. (“Voltaire”) and International Business Machines
Corporation, a New York corporation (“IBM”) having an office for the transaction of
business at 0000 Xxxxxxxxxx Xxxx, Xxxxxxxx Xxxxxxxx Xxxx, XX 00000 whereby Voltaire
and IBM (“the Parties”) mutually agree to the following terms and conditions.
The Parties hereby agree to modify and amend Statement of Work #4904RL1344 (“SOW”) as
set forth herein in exchange for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged. All other terms and conditions of the
Agreement shall apply and remain in full force and effect.
1.0 Amend SOW by deleting the 2nd sentence in the preamble and replacing
it with the following:
“This SOW is effective beginning on November 19, 2004 and will remain in effect until
November 19, 2010.”
2.0 Amend SOW by deleting Section 1.0 in Product Unique Attachment (“PUA”) #6 in its
entirety and replacing it with the following:
“1.0 | PRODUCT DESCRIPTION |
The Products set forth in this PUA include the following Supplier Products:
(1). Voltaire 9024S 24-port Externally Managed SDR IB Switch Bundle and supporting
FRUs; and
(2) Voltaire Infiniband Pass Thru Module Code. Buyer shall either (i) provide a copy
of the Voltaire Software License Agreement (a copy which is attached hereto as
Exhibit A to PUA#6) to each Customer or (ii) direct each Customer to a Supplier URL
Link to the then current Software License Agreement. For the avoidance of doubt, the
Software License Agreement will survive termination or expiration of this SOW.”
The Product (including Product code and documentation) will be available in the
following languages: English.
Notwithstanding Section 9.0 of Base Agreement #4904RL1168, Voltaire grants IBM with
respect to the Product(s) set forth in this Amendment, a worldwide, non-exclusive,
irrevocable, non-transferable and royalty free right and license to use the
trademarks, trade names and/or service marks and logos used by Voltaire to identify
and promote the Products, including any portions thereof.”
IBM Corporation/ Voltaire Networks
Amendment #7 to
SOW 4904RL1344
9/13/2007
Amendment #7 to
SOW 4904RL1344
9/13/2007
This Amendment #7 may be signed by each Party’s respective duly authorized
representative in one or more counterparts, each of which shall be deemed to be an
original and all of which when taken together shall constitute one single agreement
between the Parties. Any signed copy of this Amendment #7 made by reliable means
(e.g. photocopy or facsimile) shall be considered an original.
IN WITNESS WHEREOF, the parties have duly executed this Amendment #7 as of the date
first written above.
ACCEPTED AND AGREED TO: | ACCEPTED AND AGREED TO: | |||||
INTERNATIONAL BUSINESS MACHINES CORPORATION |
Voltaire, Inc. | |||||
/s/ Xxxxx Xxxxxxxxxx
|
9/13/07 | /s/Xxxx Xxxxxxx | 10/10/07 | |||
Authorized Signature
|
Date | Authorized Signature | Date | |||
Xxxxx Xxxxxxxxxx | ||||||
Xxxxxxx X’Xxxxx | Xxxx Xxxxxxx | |||||
Dir. Elect. Proc. | ||||||
Networking & Comm. Manager Buyer Address: 0000 Xxxxxxxxxx Xxxx XXX, XX 00000 |
President, Voltaire Inc Supplier Address: 0 Xxxxxxx Xxxxx, 0xx Xxxxx Xxxxxxxxx, XX 00000-0000 XXX |