IBM Software Support Services IBM Enhanced Technical Support for Linux installed on Intel and AMD - Acquired from an IBM Business Partner

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1 IBM Deutschl GmbH Statement of Work IBM Software Support Services IBM Enhanced Technical Support for Linux installed on Intel AMD - Acquired from an IBM Business Partner Version: February 2011 (change October 2013) 1. Subject This Statement of Work describes the specific services for the Linux x86 32/64 bit operating system platform in relation to the IBM Enhanced Technical Support Services (ETS), if the ETS service for Linux Intel/AMD has been specified in the service list on the order form. The present Statement of Work will apply in addition to the "IBM Software Support Services IBM Enhanced Technical Support - Acquisition through an IBM Business Partner" Statement of Work (called the "ETS Basic SOW") is subject to that SOW. The subject of the service is the provision of the extended support services described below in the ETS Basic SOW for the Eligible Programs included in the "ETS4 - Linux Intel" support group, if they have been installed on machines specified as compatible with the Eligible Programs by the respective manufacturer; the Eligible Machines included in the "ETS4 - Linux Intel" support group installed on which the Eligible Programs have been installed; the Eligible DAS Systems included in the "ETS4 - Linux Intel" support group, if the "DAS Support" option has been specified under the ETS Service for Linux Intel/AMD in the service list on the order form. The services described below will be provided on the basis of the contract terms specified on the order form. 2. Definitions The terms used in this Statement of Work have the meaning specified below will apply in addition to the terms defined in the "Definitions" sections of the ETS Basic SOW: Price Group means a price category based on the number of Eligible Machines (for example: the range from x to y servers). 3. Technical Requirements This service is subject to the requirement that the following conditions are fulfilled during the entire service period: 1. The Eligible Machines are subject to IBM's warranty (limited warranty) or must be covered by a Basic Support Agreement. 2. The Eligible IBM Programs licensed under the IBM Passport Advantage License Agreement will be covered by a relevant Basic Support Agreement concluded separately; _ Page 1 of 5

2 3. The Eligible DAS Systems are subject to IBM's warranty (limited warranty) or must be covered by a Basic Support Agreement, if the "DAS Support" option has been specified in the service list. 4. Scope of Services The services described below will be provided in addition to those specified in the ETS Basic SOW Software Support IBM will provide remote support for the Eligible Programs (by telephone from the IBM Support Center) for the following requirements of the Customer: 1. answers to basic questions or questions concerning the installation, use or configuration of these programs that can be answered within a short time; 2. answers to questions concerning patches, drivers or firmware; 3. answers to questions concerning the compatibility or interoperability of products; 4. answers to questions on IBM's publications; 5. answers to questions on code-related errors relating to Eligible IBM Programs; 6. checking of diagnostic information about support for the isolation of the cause of a problem (such as support for the interpretation of traces dumps in the case of installation or code-related errors); *) 7. for known errors: the provision of information about bug program fixes (PTFs) to which the Customer is entitled because it has acquired the licenses for the software (license) *) * The costs incurred for the IBM programs will be covered by the relevant Basic Support Agreements. IBM will assist the Customer in isolating the cause of the problem will provide any information about error recovery from the respective manufacturer if the Customer has reported a problem relating to an Eligible non-ibm Program. IBM will provide the Customer with corrective service information program fixes (if available) provided that IBM is authorized to do so the errors discovered are not regarded as Open Source software errors. For known errors in relation to Open Source software, for which IBM has found that bug fixes or program fixes are available on the Internet, IBM will communicate the relevant URL links to the Customer. The Customer will be solely responsible for obtaining or downloading any bug fixes or program fixes from the Internet on its own initiative. If any new error (not known so far) has been discovered, IBM will notify the respective manufacturer of such an error will also inform the Customer about the measures taken by IBM in this case. IBM's support services will be deemed as provided by the taking of the appropriate measures. The manufacturer of the respective product will be responsible for resolving such problems. In the event that the manufacturer has provided a bug fix or program fix for such a new error on the Internet, IBM will communicate the relevant URL link to the Customer. IBM will not be obliged to develop bug fixes or program fixes for problems relating to Open Source software, to provide the Customer with such bug fixes or to integrate the relevant Open Source software under all circumstances. IBM may feel free to inform the Customer of any infringement or potential infringement of third-party rights, if IBM has found that a bug fix or program fix, or the Open Source software to be integrated into such bug fixes or program fixes, has infringed any third-party rights or might infringe such rights. IBM will not be obliged to inform the Customer of whether any infringement of third-party rights has arisen or not, or to provide the Customer with additional information, such as URL links to bug fixes or program fixes on the Internet, with regard to such Open Source software in such a case Proactive Support The remote Account Advocate Team (raat) will provide the following during the quarterly conferences calls with the Customer's Primary Technical Contact: 1. information about the current status of reported problems appropriate action plans; 2. information about microcode firmware updates that may affect Eligible Machines; Page 2 of 5

3 3. warning messages concerning known problems that may affect the Eligible Machines or Programs installed at the Customer's site, as well as any information about program fixes or measures to prevent such problems; 4. information about new releases or upgrades for the Eligible Programs installed at the Customer's site at the Customer's request; 5. information about the scheduled end of the service period for the Eligible Programs installed at the Customer's site; 6. hints technical information about the Eligible Machines Programs installed at the Customer's site Extended Support for Operating System Upgrade(s) IBM will provide remote support to the Customer for a maximum of twenty-four (24) successive hours ("Extended Support Period") during each contract year in the case of any problems arising during the upgrading of an Eligible Linux Operating System by the IBM Support Center. The Extended Support Period must be planned agreed between the Customer's Primary Technical Contact the raat at least two (2) weeks in advance. The raat will inform the Customer about how to contact IBM during the Extended Support Period at least two (2) days before the commencement of Extended Support for an Operating System Upgrade service. IBM will usually call the Customer back within thirty (30) minutes after the receipt of a service request from the Customer regarding an Operating System Upgrade during the Extended Service Period. If the problem cannot be resolved during this first telephone call, it will be determined on the basis of this telephone call what additional actions by IBM are required, in order to achieve a technical resolution to the problem in question. The "Extended Support for an Operating System Upgrade" service will not include any installation or upgrade activities. The Customer will be solely responsible for these activities. 5. Optional Services The services described below are optional are subject to additional charges. These services will be provided if they have been specified separately under the ETS Service for Linux Intel/AMD in the service list on the order form. The service charges will be invoiced by the IBM Business Partner. Possible adjustments to the charges due to changes must be checked by the Customer jointly with its IBM Business Partner System Health Check Option IBM will carry out a certain number of system status checks (called "System Health Checks") on a selected number of Eligible Machines (price group). The System Health Check Service will include verification of the following aspects: 1. status of the service processor (system management); 2. status of the management module in the Blade Center environment; 3. disk controller; 4. hard disk space 5. hard disk space of file systems; 6. status of the Eligible Linux Programs, including: a) kernel logs general system parameters; b) applications; c) file system access. The data required for this analysis will be collected by remote access. The raat will analyze the collected data after the completion of the above activities will provide the Customer with the results of the analysis in the next scheduled ETS status report, including any Page 3 of 5

4 additional recommendations for the potential optimization of the Eligible Machines installed at the Customer's site Linux operating systems that are covered by the "System Health Check" option. The additional charge for the "System Health Check" option will be based on the relevant price group the number of System Health Checks for each Machine per contract year, as specified in the service list on the order form. The number of System Health Checks to be performed will be reduced on a pro rata basis, if this option is included in the course of a contract year. The raat will analyze the collected data after the completion of the above activities in the next scheduled ETS status report will provide the Customer with the results of the analysis any additional recommendations for the potential optimization of the Eligible Machines installed at the Customer's site the Linux operating systems that are covered by the "System Health Check" option. The additional charge for the "System Health Check" option will be based on the relevant price group the number of System Health Checks for each Machine per contract year, as specified in the service list on the order form. The number of System Health Checks to be performed will be reduced on a pro rata basis, if this option is included in the course of any current contract year. Delimitation of services: The System Health Check Service will not include assistance for 1. the design development of applications, 2. the use of Programs in any operating environment other than the Specified Operating Environment, 3. consulting activities 4. performance-related analyses DAS Support Option IBM will provide the services described below for the Eligible DAS Systems specified in the service list. IBM will 1. provide the Customer with remote support regarding answers to basic questions that can be answered within a short time concerning the installation, use configuration; 2. inform the Customer proactively about identified problems that may have a detrimental effect on the Customer's Eligible DAS Systems will also provide the Customer with information on updates /or action plans to be carried out by the Customer, in order to prevent such problems; 3. provide the Customer with the following information related to proactive support: a) information on the status of reported problems with appropriate action plans; b) technical notifications recommendations that may be applicable to the Eligible DAS Systems; c) relevant information about the Service Level of the Eligible DAS Systems; d) information about the scheduled end of the service period for the Customer's Eligible DAS Systems. The additional charge for optional DAS support will be based on the number of Eligible DAS Systems. This charge will be adjusted if IBM has included a new Eligible DAS System into the scope of services of the optional DAS support, upon the Customer's written request. 6. Additional Customer Responsibilities The following responsibilities will apply to optional services in addition to the Customer's responsibilities specified in the ETS Basic SOW. System Health Check(s) Option: Page 4 of 5

5 The Customer will inform the raat about the machine types serial numbers of the Eligible Machines covered by the optional System Health Check service, in accordance with the agreed number of machines. DAS Support Option: The Customer will provide the raat with a list of the respective machine types serial numbers of the Eligible DAS Systems covered by optional DAS Support. 7. Charges The charges for this service will be based on the number of Linux server or client licenses. Beyond that, the other contract terms specified on the order form will apply. The charges will be invoiced by the IBM Business Partner. * * * Page 5 of 5