IBM Software Support Services IBM Enhanced Technical Support for SAN & Storage Environment - 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 SAN & Storage Environment - Acquired from an IBM Business Partner Version: January Subject This Statement of Work describes the specific services relating to the IBM Enhanced Technical Support Services (ETS) for the Customer's SAN & Storage environment, if the ETS service for SAN & Storage Environment 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 Acquired from 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 for the Customer's SAN or Storage environment. 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: Complexity Group means the price category of ETS SAN & Storage Environment. There are 7 stard groups. The determination of the Complexity Group relevant for the customer is based on all installed Eligible Storage Products of the customer their quantities as well as a weight factor of the different devices related to the complexity. Eligible Storage Products means the Machines Programs included in the "ETS4 - IBM SAN & Storage" support group. IBM Data Collector Agent means an IBM software tool installed activated on the SAN Server in order to deliver the Remote Checks of the Service Level service option. Microcode means the supported microcode, firmware Basic Input/Output System ("BIOS") Service Levels (excluding any beta version). SAN Server means a system defined by the Customer with a minimum configuration (available under connected to the Customer s SAN. The system will be used to install run the IBM Data Collector Agent. Service Provider means a non-ibm company /or a service organization that provides technical support for non-ibm products. Storage Area Network (SAN) means a combination of communication paths, machines programs enabling the interconnectivity between data storage devices associated data servers. Switch means a network product that connects storage devices connected data servers. 3. Technical Requirements The ETS service is subject to the requirement that the following conditions are fulfilled during the entire service period: Page1 of 5

2 1. The Eligible Storage products are subject to IBM's warranty (limited warranty) or covered by a Basic Support Agreement during the entire service period. 2. The IBM Data Collector Agent must be installed enabled on the SAN Server if the Remote Check(s) option (Remote checks of the service level) has been specified in the service list. IBM will be released from its responsibility to deliver this service, if the Technical Requirements have not been fulfilled. 4. Scope of Services The services described below will be provided in addition to those specified in the ETS Basic SOW Remote Support for the Installation, Use Configuration IBM will provide remote assistance (by the IBM Support Center by telephone) for the Eligible Storage Products as described below: For Eligible IBM Storage Products: answers to basic questions on the installation, use configuration of these products that can be answered within a short time; answers to questions on code-related problems; answers to questions on publications about the Storage Products; diagnostic information review to assist the Customer in isolating the cause of a problem (e.g. assistance in the interpretation of traces dumps in the case of installation or code-related errors); for known errors: providing available corrective service information program fixes that the Customer is entitled to receive under the terms of IBM's license agreement. For eligible non-ibm storage products: answers to basic questions on the installation, use configuration of the products that can be answered within a short time; answers to questions on publications about such products. IBM will assist the Customer in isolating the cause of a problem will provide any available information on problem resolution from the respective manufacturer to the Customer, if the Customer has reported a problem concerning an Eligible non-ibm Storage Product. For known errors, IBM will provide the Customer with corrective service information (if available) any available program fixes, provided that IBM has been authorized to do so the errors discovered are not regarded as Open Source software errors. IBM will communicate the relevant URL links to the Customer for known errors in relation to Open Source software for which IBM has found bug fixes or program fixes available on the Internet. The Customer will be solely responsible for obtaining or downloading any available bug fixes or program fixes from the Internet on its own initiative. IBM will notify the respective manufacturer of the error will inform the Customer about the measures taken by IBM in this case, if any new error (not known so far) has been discovered. IBM's support services will be deemed as provided at the taking of the appropriate measures. The manufacturer of the respective product will be responsible for resolving such problems. IBM will communicate the relevant URL link to the Customer, if the respective manufacturer has provided a bug fix or program fix on the Internet for the relevant new error. IBM will not be obliged to develop bug fixes or program fixes for any problems relating to Open Source software, to provide the Customer with such bug fixes or to integrate these fixes into the relevant Open Source software under all circumstances. If IBM has found that a bug fix or program fix, or the Open Source software into which such bug fixes or program fixes must be integrated, has infringed or may infringe any third-party rights, IBM may feel free to inform the Customer of the infringement or any potential infringement of such third-party rights. IBM will not be obliged to inform the Customer of whether any infringement of third-party rights has arisen or not in such a case, or to provide the Page 2 of 5

3 Customer with any additional information, such as URL links to bug fixes or program fixes on the Internet, with regard to this Open Source software 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. warning messages on known problems that may affect the Customer's Eligible Storage Products or information about program fixes, updates or measures to be taken, in order to prevent such problems; 3. relevant information about the Service Levels of the Eligible Storage Products; 4. technical warning messages recommendations that may be applicable to the Eligible Storage Products; 5. information about the scheduled end of the service period for the Eligible Storage Products installed at the Customer's site Problem Isolation at the SAN Level IBM will provide assistance in isolating a problem reported by the Customer, if the problem relates to the Customer's SAN at its Specified Customer Site(s) where its systems are installed. If IBM has identified any potential defect in a non-eligible storage product, it will provide the Customer with any relevant technical information available will also provide assistance, in order to report the problem to the respective Service Provider. The Customer the Service Provider will be responsible for ensuring the coordination of the cooperation with the Service Provider resolution of the problem. Beyond that, the Customer will also be responsible for the implementation of recommendations given by the Service Provider. 5. Optional Services The services described below are optional services subject to additional charges. These services will be provided if they have been specified accordlingly in the ETS Service for SAN & Storage Environment section 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 On-Site Checks of the Service Levels IBM will carry out up to four on-site checks of the microcode service levels of the Eligible Storage Products during the contract year if the component Environm. Supp. mit Onsite Chk has specified in the service list. An IBM specialist will collect the necessary configuration data at the Customer's Specified Site where its systems are installed, as agreed between the Primary Technical Contact the raat. The raat will perform an analysis of the collected data will provide the Customer with the results of the analysis in its first scheduled ETS status report also give additional recommendations for potential optimization of the Customer's Eligible Storage Products. The maximum number of on-site checks to be performed will be reduced on a pro rata basis, if this option has been included in the course of a current contract year. All travel costs related to the on-site collection of configuration data will be included in the charges for this service option. Delimitation of services: This optional 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, Page 3 of 5

4 3. performance measurements, performance analysis optimization, as well as capacity planning 4. consulting activities Remote Checks of the Service Levels IBM will carry out up to four remote checks of the microcode service levels of the Eligible Storage Products during the contract year if the component Environm. Supp. mit Remote Chk has been specified in the service list. IBM will install the IBM Data Collector Agent on the SAN Server designated by the Customer. An IBM specialist will collect the necessary configuration data by using the IBM Data Collector Agent, as agreed between the Primary Technical Contact the raat. The raat will perform an analysis of the collected data will provide the Customer with the results of the analysis in its first scheduled ETS status report also give additional recommendations for potential optimization of the Customer's Eligible Storage Products. The maximum number of remote checks to be performed will be reduced on a pro rata basis, if this option has been included in the course of a current contract year. Delimitation of services: This optional 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. performance measurements, performance analysis optimization, as well as capacity planning 4. consulting activities. 6. Additional Customer Responsibilities The following responsibility will apply in addition to those listed in the ETS Basic SOW: The Customer will check the ETS status report, all processes technical procedures in relation to the service for the Eligible Storage Products. IBM will provide its knowledge of experience with the ETS status report. However, IBM is only aware of those microcode service levels of the Machines supported under this service. The Customer will therefore be obliged to ask the manufacturer of these machines about any potential impact of changes carried out by the Customer on the Machines in question. Additional Customer Responsibilities for the option Remote Checks of the Service Level The Customer will 1. make available the SAN server with the required minimum configuration (see the required accesses as defined by IBM for the duration of this service option; 2. approve the use of programs enabling IBM to query the Microcode levels or the required data acknowledge that the customer remains solely responsible for security of the network; 3. be responsible for any data the content of any database the customer makes available to IBM in connection with this service option, the selection implementation of procedures controls regarding access, security, encryption, use, transmission of data, backup recovery of the database any stored data; 4. remove, per IBM s instructions, the IBM Data Collection Agent software code from the SAN server when this service option is terminated for any reason or the period of this service option is expired; 5. acknowledge that IBM will be using the IBM Data Collector Agent to perform the service option contained in this SOW. IBM retains the right to replace/upgrade or introduce additional tooling processes to help provide the services during the term of the service option. The customer shall have no right to make use of the IBM Data Collector Agent. No right is granted to make any copies of the IBM Data Collector Agent in any form. The customer shall not reverse assemble or reverse Page 4 of 5

5 compile the IBM Data Collector Agent in whole or in part. Use of the IBM Data Collector Agent at the Customer s facilities does not mean that the Customer is granted any licenses or rights, neither directly or indirectly, (including any rights to use patents). 7. Charges The charges for this service will be calculated by the IBM Business Partner on the basis of the Complexity Group determined for the customer. Any changes to the Eligible Storage Products of the Customer may result in an adjustment to the Complexity Group. This must be verified by the Customer jointly with its IBM Business Partner. Beyond that, the other contract terms specified on the order form will apply. * * * Page 5 of 5