confidential materials have been omitted from this exhibit pursuant to a request for confidential treatment and have been filed separately with the securities and exchange commission. asterisks denote omissions. signature version exhibit 10. 4 semiconductor custom manufacturing attachment no. 3 custom sales agreement no. 000569 when signed by the parties where provided below, this attachment shall be incorporated into custom sales agreement no. 000569 as semiconductor custom manufacturing attachment no. 3 ( “ attachment ” ) and shall be effective as of the date identified below by the second party to sign this attachment ( the “ effective date ” ) ; however, if customer fails to identify a date of signing, then the effective date shall be the date of signing identified by ibm. attachments are governed by the terms and conditions of the base agreement. statement of work unique terms and conditions the following terms and conditions are applicable to this attachment only. referring to the base agreement : ( a ) modify the following terms and conditions : delete section 4. 1 in its entirety and replace it with the following : 4. 1 [ * * * ]. products will be : ( 1 ) integrated or incorporated into systems sold by customer unless otherwise specified by ibm in writing ; or ( 2 ) distributed in incidental additional quantities for use as service or upgrade parts in systems customer has sold. delete section 5. 3 in its entirety. delete section 8. 1 in its entirety and replace it with the following : 8. 1 ibm warrants that each unit of product will be free from defects in material and workmanship for [ * * * ] after delivery. for purposes of this provision only, delivery to customer of each unit of product is deemed to occur five ( 5 ) calendar days after shipment from ibm. this warranty does not include repair of damage resulting from failure to provide a suitable installation environment, any use for other than the intended purpose, accident, disaster, neglect, misuse, transportation, alterations, or non - ibm repairs or activities. customer acknowledges that the functionality of products is contingent on customer ’ s designs and, therefore, such warranty does not apply to the functionality of products fabricated under this agreement. ibm warrants services will be performed using reasonable care and skill. delete section 8. 4 in its entirety and replace with the following : 8. 4 if ibm determines such products do not meet the warranty, ibm will, at its option, repair or replace the products or issue a credit in accordance with the purchase