Service Option Attachment - Acquired from an IBM Business Partner Enhanced Technical Support for IBM i This Service Option Attachment (SOA) specifies an optional service selected by you on the Schedule of a related IBM Statement of Work (SOW). This SOA is subject to the terms of the related SOW. 1. Scope of Service IBM will provide you the activities as specified in this SOA (hereinafter referred to as the Service ) for: (1) the IBM Power Systems, IBM System i5, IBM eserver iseries and IBM AS/400 machines that are specified as ETS Eligible Machines in the related Schedule; (2) the ETS Eligible Programs listed within the ETS Support Group ETS4 - IBM i that are specified in the related Schedule and installed on these ETS Eligible Machines; and (3) the DAS Eligible Machines listed within the ETS Support Group "ETS4 IBM i", when the Storage Service Option is selected on the related Schedule. 2. Definitions The following definitions are in addition to those listed in the Definitions section of the related SOW: DAS Eligible Machines the Direct Attached Storage devices which are part of the ETS Eligible Machine and are connected to IBM Power Systems, IBM System i5, IBM eserver iseries or IBM AS/400 that are specified as ETS Eligible Machines in the related Schedule. Direct Attached Storage (DAS) - a storage device directly attached to a server, without any type of Storage Area Network (SAN) or Network Attached Storage (NAS) in between. IBM Service Agent - an IBM software tool that resides on the customer's system to monitor, capture, and periodically transmit to IBM hardware error logs and system inventory information. IBM Performance Management services (PM) web-based IBM tool which collects data from IBM Power Systems, IBM System i, IBM System i5, IBM eserver iseries, IBM System p, IBM System p5, and IBM eserver pseries products in order to provide performance reports. Logical Partition (LPAR) - a subset of computer's hardware resources, virtualized as a separate computer, each housing a separate operating system. Neutralization of a Customer Critical Problem - provisional/temporary neutralization of the impact of a Customer Critical Problem in order to make use of an ETS Eligible Program possible again or to enable this with justifiable detrimental influences. Neutralization Time - the time between you reporting a Customer Critical Problem by telephone to the IBM problem entry desk for software and IBM informing your Primary Technical Contact of a measure to neutralize the Customer Critical Problem. IBM will open a problem management record (hereinafter referred to as a 'PMR') in the IBM problem management system. Times will be documented in the PMR and can be inspected by both parties. PM Collection Agent - program or operating system component which collect the performance data from an IBM Server to be used by IBM Performance Management services. Page 1 / 7
3. Technical Requirements As a preliminary, the Service requires the following conditions: (1) ETS Eligible Machines and ETS Eligible Programs must be under current warranty or have in place appropriate Base Support Contracts either in the related SOW or via a separate applicable agreement; (2) the IBM Service Agent should be installed and enabled on each entitled LPAR of the ETS Eligible Machine(s) in order to deliver the Customized Proactive Maintenance services and the IBM Performance Management services; and (3) the PM Collection Agent should be installed and/or enabled on each entitled LPAR of the ETS Eligible Machine(s) in order to deliver the IBM Performance Management services. If the Technical Requirements are not fulfilled, IBM is exempt from its responsibility to deliver the Service or any affected Service component. 4. IBM Responsibilities The following responsibilities are in addition to those listed in the related SOW: 4.1 Customized Proactive Maintenance services Via quarterly conference calls with your Primary Technical Contact, the Remote Account Advocate Team will provide: (1) the status of your reported problems and related action plans; (2) the list of PTF, microcode and firmware maintenance levels currently installed on your ETS Eligible Machine(s) versus the latest maintenance levels available from IBM; (3) warnings of known problems which may affect your ETS Eligible Machines and Programs and information on fixes or actions to potentially prevent them; (4) information on new releases or upgrades related to your ETS Eligible Programs upon request by you; (5) information on approaching end of service dates when related to your ETS Eligible Programs; and (6) tips and techniques associated with your ETS Eligible Machines and Programs. 4.2 IBM Performance Management services For the entitled LPARs, IBM will: (1) collect performance data related to the ETS Eligible Machines and IBM i Operating System which is part of the ETS Eligible Programs; (2) provide you help and advice on how to operate the PM Collection Agent tools on the Eligible Machines and LPARs; (3) provide an Internet address in order to enable your own secure access to detailed information on performance and capacity of your ETS Eligible Machine(s). The respective reports can be also provided to you, at your request, within the regular conference calls between the Remote Account Advocate Team and your Primary Technical Contact; (4) assist you in the interpretation of PM reports; and (5) assist you, on your request, in defining necessary actions to correct identified performance problems. For ETS Eligible Machines which implement the LPAR functional capability, the IBM Performance Management service will be provided on the operating system running on the main partition. As an option to be selected on the related Schedule, the services may be extended to additional LPAR(s). The number of additional LPAR(s) will be defined in the related Schedule and identified by your Primary Technical Contact during the initial call or subsequent conference calls. Page 2 / 7
4.3 Extended Support for Operating Systems Upgrade IBM will provide you with access to its remote support centers for a maximum of twenty four (24) consecutive hours for each Annual Service Period (the Extended Support Period ) in order to assist you with problems arising during the upgrade of your IBM i Operating Systems which are part of the ETS Eligible Programs. The Extended Support Period must be planned and agreed two (2) weeks in advance between your Primary Technical Contact and the Remote Account Advocate Team. The Remote Account Advocate Team will inform you how to contact IBM during the Extended Support Period at least two (2) days before the beginning of the Extended Support for Operating System Upgrade service. During the Extended Support Period, IBM will use commercially reasonable effort to respond, by telephone, to calls relating to the Operating System Upgrade subject of this service within thirty (30) minutes during the agreed period. IBM's initial response may result in technical resolution of your problem or it may constitute the basis for determining, where applicable, if and what additional IBM s actions are required. The Extended Support for Operating Systems Upgrade service does not include installation or upgrade activities which remain your sole responsibility. 4.4 Electronic Service Portal IBM will provide access to an Internet portal with the following functionalities: (1) proactive notification regarding the ETS Eligible Machine system maintenance, security and performance; (2) access to IBM Performance Management services web site for detailed information on performance and capacity of your ETS Eligible Machines; (3) up-to-date maintenance information for your ETS Entitled Machines running i5/os or IBM i operating systems; and (4) view and reports of your ETS Eligible Machine configuration data. 5. Optional services 5.1 System Health Check As an option to be selected on the related Schedule, IBM will perform up to four (4) System Health Checks on the selected number of LPARs when installed on ETS Eligible Machines. The System Health Check service includes the following tasks: (1) System values and IPL attributes check (2) Firmware version check (3) Basic user profiles settings check (4) Disk space and utilization check for the DAS Eligible Machines entitled to the Storage Service Option (5) Problems logged and error log check (6) Main Storage Dump check (7) Temporary storage check (8) Auditing settings check (9) Cleanup settings check (10) Job table entries check (11) Service agent and PM/400 status check Page 3 / 7
The data required for the System Health Check analysis will be collected either remotely or onsite at the Specified Location(s) as appropriate and as mutually agreed between you and the Remote Account Advocate Team. Upon the end of the System Health Check activities the Remote Account Advocate Team will analyze the data collected and will provide you the finding and any additional recommendations that may apply for the optimization of your ETS Eligible Machines and IBM i Operating Systems covered by this System Health Check with the first scheduled ETS Review Report. The charge for the System Health Check is based on the number of LPAR and System Health Check. The selected number of LPARs and System Health Check for each Annual Service Period is defined in the related Schedule. The System Health Check service does not include assistance for: (1) the design and development of applications; (2) your use of Programs in other than their specified operating environment; (3) consultancy activities; or (4) performance related analysis. 5.2 Storage Service Option As an option to be selected on the related Schedule, IBM will provide you the following on the selected number of DAS Eligible Machines: (1) remote assistance in response to your requests for basic, short duration installation, usage, and configuration questions; (2) proactive alert on known problems which may impact your DAS Eligible Machines and information regarding updates and/or actions you may choose to take in order to potentially avoid them; (3) inclusion of the following tasks on the Customized Proactive Maintenance services defined in this SOA: (a) status of your reported problems and related action plans; (b) technical alerts and recommendations that may apply to the DAS Eligible Machines; (c) relevant information in relation to the DAS Eligible Machines maintenance level; and (d) information on planned end of service dates related to your DAS Eligible Machines. The charge for the Storage Service is based on the number of DAS Eligible Machines. This charge for the Storage Service will be adjusted by IBM whenever you require to IBM, in writing, to add a new DAS Eligible Machine to the Service covered by this Storage Service. If you have acquired the Service from an IBM Business Partner, check with your IBM Business Partner if any change applies to your charge. 5.3 Committed Recovery services for Software As an option to be selected on the related Schedule, and in case of a software Customer Critical Problem reported by telephone by you, IBM will define suitable measures for Neutralization of a Customer Critical Problem and will inform your Primary Technical Contact of such measures within 12 hours during Full Shift. The following actions will be deemed to be measures for Neutralization of a Customer Critical Problem: (1) provision of available program corrections or software patches to resolve a software problem; Page 4 / 7
(2) provision of an operative and/or configurative measure such as: (a) modification of a configuration/a configuration parameter (b) definition of checklists containing operative tasks (c) modification of operative processes (3) provision of a temporary workaround such as resetting the system to a defined state and installing a backup. Measures for Neutralization of a Customer Critical Problem may result in additional operational effort for your Primary Technical Contact. 6. Customer Responsibilities 6.1 Data availability to IBM You agree that IBM may use the data collected by the PM Collection Agent tool within the IBM enterprise for problem determination purposes or to assist you with performance and capacity problems, notifying you of existing or projected resource constraints. You also agree that your performance data may be transferred to any IBM enterprise based in any country whether or not a member of the European Union. 6.2 Data availability to IBM Business Partners You agree that IBM may share, where needed, your data with your IBM Business Partner to make him aware of your performance and capacity demands and to enable him to provide you with a higher level of service.. 6.3 Additional responsibilities In addition to your responsibilities as specified in the related SOW, you agree to: (1) activate, per IBM s instructions, the IBM Service Agent and the PM Collection Agent on the entitled LPAR(s) of the ETS Eligible Machine(s); (2) if the Storage Service Option has been selected on the related Schedule, you agree to provide to the Remote Account Advocate Team the list of machine types and serial numbers of the DAS Eligible Machines subject of the Service; and (3) if the Committed Recovery services for Software option has been selected on the related Schedule, you agree to: (a) submit the support requests for Customer Critical Problems according to IBM procedures provided to you by the Remote Account Advocate Team. All Customer Critical Problems concerning an ETS Eligible Program must be reported by telephone along with details of the affected software component and also the machine type and serial number. A problem will be deemed not to have been reported if all this information is not provided by you; (b) be responsible for the creation, test and ongoing maintenance of a backup concept. A review of this concept by IBM is not covered by this SOA but can be agreed between you and IBM separately; (c) update your operating manual according to the process of remote access agreed with the Remote Account Advocate Team. Be responsible for the implementation of the changes; (d) be committed to always use the current service level (n) or the previous version of the service level (n-1) of the ETS Eligible Programs installed on the ETS Eligible Machines subject of the Service; (e) when Customer Critical Problems are reported, ensure that your Primary Technical Contact or related delegate with adequate technical knowledge of the ETS Eligible Machines and ETS Eligible Programs is available around the clock; (f) grant IBM remote access to the ETS Eligible Machines (including the necessary authorisations) whenever a Customer Critical Problems has been reported. In the event of authorised remote access to the ETS Eligible Machines by IBM, you will Page 5 / 7
(g) (h) be responsible for adequate protection of the ETS Eligible Machines and of all programs and data stored on them; actively cooperate in analysis of reported Customer Critical Problems. If you are requested to provide further information and data, this must be done at the latest within 30 minutes (receipt by IBM), unless a different agreement is reached and documented in the PMR. Waiting times in excess of this will not be included in the Neutralization Time; and accept and invest the justifiable additional operational effort that may arise during implementation of a measure for neutralization of a Customer Critical Problems. 7. Claims for Non Compliance with the Committed Recovery Service for Software 7.1 Calculation of Credits If the Committed Recovery services for Software option has been selected on the related Schedule, the following section will apply. If IBM fails to meet the agreed Neutralization Time of 12 hours then your are entitled to claim a service credit from IBM equivalent to 4% of IBM s published ETS annual service charge (i.e. outside any applicable adjustment or discount) of the affected ETS Eligible Machine for which this option is selected. This IBM s published ETS annual service charge is available, upon your request, from IBM or from your IBM Business Partner. If a single event causes an outage resulting in failures on multiple ETS Eligible Machines, you will be eligible to receive the service credit for only one (1) of the affected ETS Eligible Machines and the service credit will be the greatest amount and not the aggregate amount of credits for the multiple affected ETS Eligible Machines. You are entitled to no more than two (2) service credits per ETS Entitle Machine per Annual Service Period. 7.2 Reports Upon your request, IBM will provide a report in relation to the Customer Critical Problem for which you wants to claim for a credit. 7.3 Exclusions Service credits shall not apply for any ETS Eligible Program failure beyond IBM s control or due to any of, but not limited to, the following: (1) failure due to problems with your provided content or programming errors including, but not limited to, content installation and integration; (2) failure due to system administration, commands, file transfers performed by your representatives; (3) failure due to work performed at your request or due to other activities you directs; (4) denial of service attacks, natural disasters, changes resulting from government, political, or other regulatory actions or court orders, strikes or labor disputes, acts of civil disobedience, acts of war, acts against parties (including carriers and IBM s other vendors), and other force major events; (5) failure due to not fulfilling Your Responsibilities; and (6) failures or periods of non-availability due to other parties.. 7.4 Exclusivity of Remedies You and IBM agree that credits are liquidated damages and that such credits will constitute your sole and exclusive remedy with respect to the ETS Eligible Program failure for which the credits are due. If you have purchased the Service from an IBM Business Partner, this SOA does not give you any entitlement to claim against the IBM Business Partner. Page 6 / 7
7.5 Settlement of Credits In order to receive a credit, you must notify IBM no later than fifteen (15) days after the last day of the calendar month in which you believe the Committed Recovery services for Software for a Qualified Call has not been met by IBM or, in case of termination of the related SOW, prior to the termination date. Failure to so notify IBM within this time period will result in loss of your eligibility for the subject credit. After investigation of your claim, IBM will notify you of any service credit due and you will be entitled to receive a payment for the related sums. Any credits owed from IBM to you upon the expiration or termination of this SOA will be settled within one (1) month following the effective date of expiration or termination. You are entitled to receive a service credit only if you had paid for the Service. Page 7 / 7