IBM High Performance Services for Hadoop

Transcription

1 IBM Terms of Use SaaS Specific Offering Terms IBM High Performance Services for Hadoop The Terms of Use ( ToU ) is composed of this IBM Terms of Use - SaaS Specific Offering Terms ( SaaS Specific Offering Terms ) and a document entitled IBM Terms of Use - General Terms ( General Terms ) available at the following URL: In the event of a conflict, the SaaS Specific Offering Terms prevail over the General Terms. By ordering, accessing or using the IBM SaaS, Customer agrees to the ToU. The ToU is governed by the IBM International Passport Advantage Agreement, the IBM International Passport Advantage Express Agreement, or the IBM International Agreement for Selected IBM SaaS Offerings, as applicable ( Agreement ) and together with the ToU make the complete agreement. 1. IBM SaaS The following IBM SaaS offerings are covered by these SaaS Specific Offering Terms: IBM High Performance Hadoop Services Management Server IBM High Performance Hadoop Services Data Node IBM High Performance Hadoop Services HBase Server IBM High Performance Hadoop Services Namenode Server IBM High Performance Hadoop Services Gateway Server IBM Hortonworks Data Platform Enterprise IBM Hortonworks Data Platform Enterprise Plus IBM High Performance Hadoop Services Monitoring and Enhanced Support IBM Vyatta Gateway Appliance 1G IBM Vyatta Gateway Appliance 10G IBM Shared Storage IBM Dedicated Rack ((Virtual Data Center)) IBM High Performance Hadoop Services Server Hourly Pay Per Use 2. Charge Metrics The IBM SaaS is sold under one of the following charge metric(s) as specified in the Transaction Document: a. Access is a unit of measure by which the IBM SaaS may be obtained. An Access is the rights to use the IBM SaaS. Customer must obtain a single Access entitlement in order to use the IBM SaaS during the measurement period specified in Customer's Proof of Entitlement (PoE) or Transaction Document. b. Connection is a unit of measure by which the IBM SaaS can be obtained. A Connection is a link or association of a database, application, server, or any other type of device to the IBM SaaS. Sufficient entitlements must be obtained to cover the total number of Connections which have been or are made to the IBM SaaS during the measurement period specified in Customer's Proof of Entitlement (PoE) or Transaction Document. c. Instance is a unit of measure by which the IBM SaaS can be obtained. An Instance is access to a specific configuration of the IBM SaaS. Sufficient entitlements must be obtained for each Instance of the IBM SaaS made available to access and use during the measurement period specified in Customer's Proof of Entitlement (PoE) or Transaction Document. d. Terabyte is a unit of measure by which the IBM SaaS can be obtained. A Terabyte is 2 to the 40th power bytes. Sufficient entitlements must be obtained to cover the total number of Terabytes processed by the IBM SaaS during the measurement period specified in Customer's Proof of Entitlement (PoE) or Transaction Document. I (02/2015) Page 1 of 6

2 3. Charges and Billing 3.1 Set-Up The amount payable for the IBM SaaS is specified in a Transaction Document. Set-up charges will be specified in a Transaction Document. 3.2 Partial Month Charges The partial month charge is a pro-rated daily rate that will be charged to Customer. The partial month charges are calculated based on the remaining days of the partial month starting on the date Customer is notified by IBM that their access to the IBM SaaS is available. 3.3 Pay Per Use Charges Pay Per Use On-Demand options will be invoiced in the month the on-demand option is ordered by Customer at the rate set forth in the Transaction Document. 4. Pay Per Use Services 4.1 IBM High Performance Hadoop Services Management Server Provides additional Management Server Instances for Customer to use during the requested calendar month. The additional Instances expire at the end of the calendar month. 4.2 IBM High Performance Hadoop Services Data Node Provides additional Data Node Instances for Customer to use during the requested calendar month. The additional Instances expire at the end of the calendar month. 4.3 IBM High Performance Hadoop Services HBase Server Provides additional HBase Server Instances for Customer to use during the requested calendar month. The additional Instances expire at the end of the calendar month. 4.4 IBM High Performance Hadoop Services Namenode Server Provides additional Namenode Server Instances for Customer to use during the requested calendar month. The additional Instances expire at the end of the calendar month. 4.5 IBM High Performance Hadoop Services Gateway Server Provides additional Gateway Server Instances for Customer to use during the requested calendar month. The additional Instances expire at the end of the calendar month. 4.6 IBM Hortonworks Data Platform Enterprise Provides additional Hortonworks Data Platform Enterprise Instances for Customer to use during the requested calendar month. The additional Instances expire at the end of the calendar month. 4.7 IBM Hortonworks Data Platform Enterprise Plus Provides additional Hortonworks Data Platform Enterprise Plus Instances for Customer to use during the requested calendar month. The additional Instances expire at the end of the calendar month. 4.8 IBM High Performance Hadoop Services Monitoring and Enhance Support Provides additional Monitoring and Enhanced Support Instances for Customer to use during the requested calendar month. The additional Instances expire at the end of the calendar month. 4.9 IBM Vyatta Gateway 1G Provides additional Vyatta Gateway 1G Connections for Customer to use during the requested calendar month. The additional Connection expire at the end of the calendar month IBM Vyatta Gateway 10G Provides additional Vyatta Gateway 10G Connections for Customer to use during the requested calendar month. The additional Connection expires at the end of the calendar month IBM Shared Storage Provides additional Terabytes of Shared Storage for Customer to use during the requested calendar month. The additional Terabytes will be reclaimed at the end of the calendar month. I (02/2015) Page 2 of 6

3 4.12 IBM Dedicated Rack (Virtual Data Center) Provides additional Virtual Data Center Instances for Customer to use during the requested calendar month. The additional Instances expire at the end of the calendar month IBM High Performance Hadoop Services Server Hourly Pay Per Use Provides Server Instances on an hourly basis for Customer to use. The Instances expire at the end of the hour. 5. IBM SaaS Subscription Period Renewal Options Customer s PoE will set forth whether the IBM SaaS will renew at the end of the Subscription Period, by designating one of the following: 5.1 Automatic Renewal If Customer s PoE states that Customer s renewal is automatic, Customer may terminate the expiring IBM SaaS Subscription Period by written request to Customer s IBM sales representative or IBM Business Partner, at least ninety (90) days prior to the expiration date as set forth in the PoE. If IBM or its IBM Business Partner does not receive such termination notice by the expiration date, the expiring Subscription Period will be automatically renewed for either one year or the same duration as the original Subscription Period as set forth in the PoE. 5.2 Continuous Billing When the PoE states that Customer s renewal is continuous, Customer will continue to have access to the IBM SaaS and will be billed for the usage of the IBM SaaS on a continuous basis. To discontinue use of the IBM SaaS and stop the continuous billing process, Customer will need to provide IBM or its IBM Business Partner with ninety (90) days written notice requesting that Customer s IBM SaaS be cancelled. Upon cancellation of Customer s access, Customer will be billed for any outstanding access charges through the month in which the cancellation took effect. 5.3 Renewal Required When the PoE states that Customer s renewal type is terminate, the IBM SaaS will terminate at the end of the Subscription Period and Customer s access to the IBM SaaS will be removed. To continue to use the IBM SaaS beyond the end date, Customer will need to place an order with Customer s IBM sales representative or IBM Business Partner to purchase a new Subscription Period. 6. Technical Support Technical support is provided for the IBM SaaS offering and Enabling Software, as applicable, during the Subscription Period. Such technical support is included with the IBM SaaS and is not available as a separate offering. Technical support is limited to providing product-specific issues and outages, and is not extended to providing system administration level support for the environments hosted by the customer on IBM SaaS. More specifically, Technical support does not include any product specific training or knowledge transition activities. All customer or third party application on-boarding, porting and migration activities are also not included as part of Technical Support. Technical Support information can be found at 7. IBM SaaS Offering Additional Terms 7.1 Derived Benefit Locations Where applicable, taxes are based upon the location(s) Customer identifies as receiving benefit of the IBM SaaS. IBM will apply taxes based upon the business address listed when ordering an IBM SaaS as the primary benefit location unless Customer provides additional information to IBM. Customer is responsible for keeping such information current and providing any changes to IBM. I (02/2015) Page 3 of 6

4 IBM Terms of Use IBM SaaS Specification Appendix A IBM High Performance Services for Hadoop Enhanced Edition is designed to provide hadoop clusters as a service in the cloud. Customers can subscribe to the following offerings: IBM High Performance Hadoop Services Management Server: Customers can instantiate and run hadoop management services on the server. IBM High Performance Hadoop Services Data Node: Customers can instantiate and run core hadoop workload on the server. It also provides data storage on the hadoop file system. IBM High Performance Hadoop Services HBase Server: Customers can instantiate and run HBase workload on the server. IBM High Performance Hadoop Services Namenode Server: Customers can instantiate and run Namenode services on the server. The Namenode server is the centerpiece of the hadoop file system. IBM High Performance Hadoop Services Gateway Server: Customers can instantiate and run hadoop analytics along with real time workloads on the server. IBM Hortonworks Data Platform Enterprise Subscription service: Customers can obtain support for the following Hadoop packages that are included in Hortonworks Data Platform Enterprise: Hadoop (HDFS, YARN, MapReduce), Tez, hive, Pig, Sqoop, Flume, Mahou, Ambari, Oozi, Falcon, Knox and HBase. Support for this service will be provided by Hortonworks in addition to IBM. As a result, customer information may be shared with Hortonworks. IBM Hortonworks Data Platform Enterprise Plus Subscription service: Customers can obtain support for the following Hadoop packages that are included in Hortonworks Data Platform Enterprise Plus: Hadoop (HDFS, YARN, MapReduce), Tez, hive, Pig, Sqoop, Flume, Mahou, Ambari, Oozi, Falcon, Knox, HBase, Accumulo and Storm. Support for this service will be provided by Hortonworks in addition to IBM. As a result, customer information may be shared with Hortonworks. IBM High Performance Hadoop Services Monitoring and Enhanced Support: Customers can obtain additional Monitoring and Enhanced Support for the specific calendar month(s). IBM Vyatta Gateway Appliance 1G: Customers can instantiate a Vyatta gateway appliance with a 1 Gigabyte connection. This enables Customers to connect their on-premise environment to the IBM SaaS. IBM Vyatta Gateway Appliance 10G: Customers can instantiate a Vyatta gateway appliance with a 10 Gigabyte connection. This enables Customers to connect their on-premise environment to the IBM SaaS. IBM Shared Storage: Customers can store virtually any Hadoop workload related data. The stored data will persist through the Subscription Period. Dedicated Rack (Virtual Data Center): Customer can instantiate a single-tenant, dedicated rack to house all servers in their hadoop environment. All inter-server communication will be within the rack. IBM High Performance Hadoop Services Server Hourly Pay Per Use: Customers can instantiate the Hadoop server on an hourly basis. I (02/2015) Page 4 of 6

5 IBM Terms of Use Service Level Commitmen Appendix B IBM provides the following availability service level agreement ( SLA ) for the IBM SaaS and is applicable if specified in Customer s Proof of Entitlement (PoE) or Transaction Document: The version of this SLA that is current at the commencement or renewal of the term of Customer s subscription will apply. Customer understands that the SLA does not constitute a warranty to you. 1. Definitions a. "Availability Credit" means the remedy IBM will provide for a validated Claim. The Availability Credit will be applied in the form of a credit or discount against a future invoice of subscription charges for the IBM SaaS. b. Claim means a claim Customer submits to IBM that a Service Level has not been met during a Contracted Month. c. "Contracted Month" means each full month during the term of the IBM SaaS measured from 12:00 a.m. GMT on the first day of the month through 11:59 p.m. GMT on the last day of the month. d. Downtime means a period of time during which production system processing for the IBM SaaS has stopped and Customer s users are unable to use all aspects of the IBM SaaS for which tthey have permissions. Downtime does not include the period of time when the IBM SaaS is not available as a result of: A scheduled or announced maintenance outage; Events or causes beyond IBM s control (e.g., natural disaster, internet outages, emergency maintenance, etc.); Problems with Customer s or third party applications, equipment, or data; Customer or third party acts or omissions (including anyone gaining access to the IBM SaaS by means of your passwords or equipment); Failure to adhere to required system configurations and supported platforms for accessing the IBM SaaS; or IBM s compliance with any designs, specifications, or instructions provided by Customer or a third party on Customer s behalf. e. Event means a circumstance or set of circumstances taken together, resulting in a failure to meet a Service Level. 2. Availability Credits a. To submit a Claim, Customer must log a Severity 1 support ticket for each Event with the IBM technical support help desk within 24 hours of Customer first becoming aware that the Event has impacted Customer s use of the IBM SaaS. Customer must provide all necessary information about the Event and reasonably assist IBM with the diagnosis and resolution of the Event. b. Customer must submit the Claim for an Availability Credit no later than seven (7) business days after the end of the Downtime that is the subject of the Claim. c. For each 30 continuous minutes of Downtime for an IBM SaaS, IBM shall provide an Availability Credit equivalent to one (1) hour of the Subscription Fee for the relevant IBM SaaS which was subject to the Downtime. For IBM SaaS offerings that are charged on a monthly basis, the equivalent hourly Subscription Fee is the monthly rate divided by 730. d. If a Customer purchased the IBM SaaS from a valid IBM reseller in a remarketing transaction in which IBM maintains primary responsibility for fulfilling the IBM SaaS and SLA commitments, the Availability Credit will be based on the then-current Relationship Suggested Value Price (RSVP) for the IBM SaaS in effect for the Contracted Month which is the subject of a Claim, discounted at a rate of 50%. I (02/2015) Page 5 of 6

6 e. The total Availability Credits awarded with respect to any Contracted Month shall not, under any circumstance, exceed five percent (5%) of the monthly charge paid by Customer to IBM for the IBM SaaS. 3. Exclusions This SLA is made available only to IBM Customers. This SLA does not apply to the following: Beta and trial Services. Non-production environments, including but not limited to, test, disaster recovery, quality assurance, or development. Claims made by an IBM Customer s users, guests, participants and permitted invitees of the IBM SaaS. I (02/2015) Page 6 of 6