Emulex Product definition

Emulex Product means (i) the Emulex XE201 product (“Lancer”); (ii) [**]or (iii) any Emulex product that is capable of [**], in each case of (i) through (iii), including associated firmware and drivers for each such product (consistent with the above functional descriptions of such product), [**]. For the avoidance of doubt: (a) any product that implements FCoE but not Fibre Channel is excluded from this definition; and (b) [**], shall not itself (or cumulatively) disqualify a product from meeting the definition of an “Emulex Product.”
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Emulex Product means the Emulex cLAN Falcon ASIC (GNNA100-01), cLAN5300 Board Stack Assembly (891000002), and cLAN1000 Host Bus Adapter (cLAN1000). The term "Emulex Product" shall include the Software, as defined below, unless context indicates otherwise.
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Emulex Product shall include the Software, as defined below, unless context indicates otherwise.
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Examples of Emulex Product in a sentence

  • The foregoing release does not extend to any Emulex Product capable of processing Ethernet communications that is used as a server-based device that sends requests to storage devices or other servers, [**].

  • Regardless of any disclosure made by Egenera to Emulex of any ultimate destination of the Emulex Products, Egenera will not export, re-export or re-sell any Emulex Product without first obtaining prior written authorization from the U.S. Department of Commerce or any other Agency or Department of the United States Government, as and if required.

  • Emulex shall indemnify and defend Egenera against all claims, suits, losses, expenses, and liabilities for bodily injury, death, and property damage caused by use of the Emulex Product, or through the negligence of Emulex or any person for whose actions Emulex is legally liable.

  • Subject to payment of the royalties as described in Section 5, Emulex hereby licenses Egenera to manufacture, use, and sell or otherwise distribute the Emulex Product in accordance with the terms and conditions of this Agreement.

  • Emulex also grants Egenera the right to reproduce or have reproduced the Software for distribution in binary code form for use with the Emulex Product.

  • If Egenera elects, under this Section, to have the Emulex Product manufactured by a contract manufacturer other than MSL, Egenera shall provide Emulex with timely written notice of such change, including name and address of the new contract manufacturer and the reason for the change.

  • The definitions shall be equally applicable to the singular and plural forms of the terms defined.

  • At the end of each calendar quarter, Egenera shall furnish a report to Emulex summarizing its Emulex Product manufacturing activities, including at a minimum, the number of Emulex Products manufactured and related royalty calculations.

  • Emulex hereby represents that the Emulex Product costs are negotiated with MSL quarterly; and that since Egenera's royalty payments are based on those costs, the total royalty payments due from Egenera to Emulex will change in accordance with any change in Emulex Product costs.