THIS SERVICE CONTRACT ACKNOWLEDGEMENT IS PROVIDED TO FACILITATE
PERFORMANCE OF THE CONTRACT BETWEEN BROCADE AND CUSTOMER. UNLESS A
MASTER PURCHASE ARRANGEMENT IS IN EFFECT WITH BROCADE THAT SPECIFICALLY
COVERS THE PURCHASE OF BROCADE PRODUCTS AND/OR SERVICES, ANY CONTRACT
BETWEEN BROCADE AND CUSTOMER IS SUBJECT TO THE TERMS AND CONDITIONS
EXPRESSLY SET FORTH ON BROCADE'S SALES AGREEMENT, A COPY OF WHICH CAN BE
FOUND AT www.brocade.com/termsandconditions. IN THE EVENT THAT A COURT
DETERMINES THAT THIS FORM CONFIRMS A CONTRACT BETWEEN THE PARTIES,
BROCADE'S CONFIRMATION IS EXPRESSLY CONDITIONAL ON CUSTOMER'S ASSENT TO
THE TERMS AND CONDITIONS IN BROCADE'S SALES AGREEMENT.
THIS SERVICE CONTRACT ACKNOWLEDGEMENT DOES NOT ACCEPT ANY OFFER MADE
BY CUSTOMER. BROCADE EXPRESSLY REJECTS ANY OFFER MADE BY CUSTOMER. IN
THE EVENT THAT A COURT DETERMINES THAT THIS FORM IS AN ACCEPTANCE,
BROCADE'S ACCEPTANCE IS EXPRESSLY CONDITIONAL ON CUSTOMER'S ASSENT TO
THE TERMS AND CONDITIONS IN BROCADE'S SALES AGREEMENT.
THIS SERVICE CONTRACT ACKNOWLEDGEMENT DOES NOT ACCEPT ANY PROPOSALS
MADE BY THE CUSTOMER FOR ADDITIONAL OR DIFFERENT TERMS. BROCADE
EXPRESSLY REJECTS ANY TERM THAT VARIES FROM THE TERMS AND CONDITIONS IN
BROCADE'S SALES AGREEMENT. IN THE EVENT THAT A COURT DETERMINES THAT THIS
WRITING ACCEPTS A PROPOSAL FOR ADDITIONAL OR DIFFERENT TERMS, BROCADE'S
ACCEPTANCE IS EXPRESSLY CONDITIONAL ON CUSTOMER'S ASSENT TO THE TERMS
AND CONDITIONS IN BROCADE'S SALES AGREEMENT.