Total Support for SAP HANA Appliances

Statement of Work for Services 1. Scope of Work Total Support for SAP HANA Appliances IBM will provide the services specified in this Statement of Work: "IBM Total Solution Support for SAP In- Memory Appliances (SAP HANA) (SOW) (called the "Services") for the Eligible Machines as specified in the Schedule as "Eligible Machines for SAP HANA Appliance" used in relation to the "SAP In-Memory Appliances" (SAP HANA) on which the Eligible Programs have been installed. As a prerequisite for provision of Services, each of the Eligible Machines must be a. fully operable upon the commencement of the Services, b. covered by an IBM hardware maintenance agreement or under warranty and warranty service upgrade; and c. have the appropriate software subscription and support license for General Parallel File System (GPFS) and Linux. The Specified Location(s) at which the Services will be provided and other pertinent details relating to the Services are contained in the Schedule. 2. Definitions The following terms set out below in this Statement of Work have the meaning ascribed to them in each case: Eligible Machines and Programs are the products identified at IBM s internet address: www.ibm.com/services/supline/products/ IBM Specialist - is an individual designated by IBM who will perform the remote technical activities agreed between the Primary Technical Contact and IBM's Remote Solution Team (rst). Primary Technical Contact ( PTC ) is the Client contact to whom IBM will forward general technical information regarding this service. Remote Solution Team (rst) - is the dedicated team of technical support specialists. 3. Scope of Services 3.1 Introduction Welcome Call The Remote Solution Team (rst) will perform the following with the Client s PTC: a. schedule and conduct the welcome call by telephone, in order to do the following: (1) review the SOW, and any associated documents related to the Services; (2) obtain an overview of the Client's technical I/T environment with regard to the Eligible Programs and the Eligible Machines to be supported by the Services; (3) discuss the Client's existing support structure; (4) review the IBM support structure, including the IBM processes to open and update service requests; (5) define the critical systems and applications within the Client's I/T environment; b. establish a schedule for the twice yearly remote conference calls to review general service delivery and support provided; and c. document the information discussed during the welcome call and deliver one copy of the Welcome Letter to the Client s PTC via email. 3.2 Integrated Support for hardware and software and single point of contact IBM will provide remote support via telephone or electronic means to the Client for requests specified below as it pertains to Eligible Machines and Programs covered under this SOW: a. answers to basic, short duration installation, usage and configuration questions; Page 1 of 6

b. answers to questions concerning patches, drivers or firmware; c. answers to questions about the compatibility and interoperability of Eligible Machines and Programs; d. answers to questions relating to IBM's Eligible Machines and Program publications; e. answers to questions on code-related errors relating to Eligible IBM Programs; f. diagnostic information review to assist in isolation of a problem cause (for example, assistance interpreting traces and dumps for installation and code related problems); and g. for known defects, available corrective service information and program fixes which you are entitled to receive under the terms of the IBM license. h. For Linux Eligible Programs: (1) When you report a problem with Linux, IBM will provide a primary point of contact for all support requests. IBM will assist you by providing level 1 and level 2 support which includes assistance for installation, usage and configuration questions and provide general guidance on product documentation. IBM will also assist with isolating the problem cause and provide you recovery information, if available, from the vendor. For known defects, IBM will provide corrective service information and program fixes, if available and IBM is authorized to provide to you. If a new (unknown) defect is identified, IBM will report it to the appropriate vendor and notify you of our actions. At this point IBM will consider its support requirement fulfilled since resolution of these defects is the responsibility of the vendor. (2) For the Linux support groups, IBM may make available new fixes for supported enterprise releases of the Linux operating system open source components for IBM supported Linux distributions. IBM may make available emergency source code fixes as new defects are reported. IBM is not a Linux distributor and does not distribute patches, maintenance updates or refreshes. You must receive maintenance updates and refreshes directly from the Linux distributor under the terms of their license. IBM will make these new source code fixes available to the Linux distributor and the open source maintainer for inclusion and distribution as errata updates and patches. IBM will support and maintain these new source code fixes until such time that the Linux distributor or open source maintainer incorporates them or develops an alternate fix and distributes as errata update or patch. At such point IBM will consider its support requirement fulfilled. 3.3 Targeted Response Time Objectives for Re-active Services Severity Prime Shift Off Shift Response Time Response Time Sev 1 30 minutes 2 hours Sev 2 2 hours N/A Sev 3 2 hours N/A Sev 4 2 hours N/A 4. Proactive Services 4.1 Services Introduction The IBM Specialist will contact your PTC to schedule and conduct a remote welcome and planning conference call for up to 30 minutes, on a mutually agreed upon date and time to review: a. the overall objectives of the Services; b. the Eligible IBM Machines supported under this SOW; c. roles and responsibilities; d. Proactive Services including the following: (1) support data which consists of operating system levels; (2) Microcode release levels running in the SAP HANA environment; and (3) Healthcheck technical requirements. Page 2 of 6

Based on the remote conference call as described above the Client will agree to upload and send the required Proactive Services technical support data to the IBM Support Center electronically (at: https://www.ecurep.ibm.com/app/upload). The Client hereby also acknowledges that if the required technical support data is not sent to IBM, that IBM may be limited in its ability to fully provide the Proactive Services as described under this section of this SOW. 4.2 Microcode and Release Management The IBM Microcode and Release Management will consist of supporting the installed microcode releases for the Eligible IBM Machines and installed releases of Eligible Programs. In addition, IBM will also remotely assist and consult with the Client once a year to review availability management preferences along with a summarized list of recommended updates. The assistance from the IBM team must be planned three weeks in advance on a mutually agreed upon time with the Client. 4.2.1 Analysis and recommendations IBM will perform, based on data provided by the Client, a remote analysis and verification of the code levels currently installed on the Eligible IBM Machines to determine if the levels are up-to-date, taking into account any dependencies on the operating system and driver levels. The remote analysis and verification does not include coverage for the connected network components. Such network component analysis and verification will need to be handled via a separate services agreement. Once the remote analysis and verification is complete IBM will document and deliver a list of recommendations and updates as part of the Microcode Release Management Report which will be sent to the PTC electronically. The Client is responsible for reviewing the recommendations made by IBM and the implementation of changes, if any, to their Eligible Machines and Programs environment. Questions regarding the recommendations may be submitted to IBM as required. Additionally, a detailed review of the recommendations will be a part of the twice yearly status meetings as documented in this SOW. Any additional Microcode Release Management analysis will be performed for an additional charge and such charges will be issued through a new Schedule. 4.3 Health Check If approved by the Client, IBM will perform a single remote health check of the SAP In-Memory Appliance(s)" as listed on the Schedule. Such a health check will set a base line for how the "SAP In- Memory Appliance" environment has been implemented, allow IBM to understand what changes have arisen with regard to the respective requirements and the configuration over time, and understand how the supported I/T environment is operated. The execution of the health check must be planned at least three weeks in advance and will be agreed between the Client and IBM (rst). The baseline health check will include a check of the entire "SAP In-Memory Appliance" installation based on the following elements, IBM s experience with the Eligible Machines and Programs as well as the recommendations of SAP: a. analysis and evaluation of hardware defects and the temperature curve; b. check of the system drivers and their releases; c. evaluation of the disk status and system configuration; d. analysis and evaluation of the GPFS and Linux log files; e. highlighting of any potential problem areas; f. recommendations for solutions to any problems. The results of the health check will be documented and included in the Health Check Service Report. The Client is responsible for reviewing the recommendations made by IBM and the implementation of changes, if any, to their Eligible Machines and Programs environment. Questions regarding the recommendations may be submitted to IBM as required. The IBM Specialist will contact your PTC to review the proactive results of the Microcode Release Management analysis and the results of the Health Check as documented in the report (s). Any additional Health Checks will be performed for an additional charge and such charges will be issued through a new Schedule. Page 3 of 6

4.4 Standby Support for software only IBM will provide remote Standby Support for problems such as those as a result of an upgrade to the supported "SAP In-Memory Appliance" environment covered under this Service. A maximum of two Standby Support periods per contract year are included in the scope of this SOW. Each Standby Support period will cover support for up to a period of 1 full calendar day (24 hours). Each Standby Support period must be planned and agreed between the Client and IBM (rst) at least three weeks in advance of the planned upgrade. IBM will provide standby contact details to the Client at least two days prior to the commencement of the Standby Support period. IBM will use reasonable efforts to contact the Client within (30) minutes after the receipt of a service request from the Client during the Standby Support period. The Standby Support does not include any installation or upgrade activities as part of the services delivered under this SOW. All installation and upgrade activities, including the configuration of the system parameters are the Client s responsibility. 4.5 Annual Extension Planning IBM will organize a conference call at a mutually agreed upon time at least three weeks in advance with the Client no more than once per contract year in consultation with the Client. IBM will review the following during the Client call: a. current performance of the SAP HANA Appliance; and b. future requirements to support the SAP HANA Appliance. 5. Client Responsibilities The Client will: a. pay all the communication charges incurred by the Client in relation to the use of services, unless agreed otherwise; b. be responsible for all necessary permissions for any content provided to IBM and Client grants IBM permission to use content in the delivery of the Services; c. ensure that a valid license, has been obtained for all Eligible Programs for which support services have been requested; d. notify IBM of the name of a Primary Technical Contact - within three business days after the commencement of the service provision, who will (1) be the contact for the rst regarding any questions relating to the Services; (2) participate in all conference calls with the rst; and (3) be authorized to make decisions on behalf of the Client with regard to all matters relating to the Services covered by this SOW. e. ensure that the PTC and each caller has sufficient technical knowledge of the Client's Eligible Programs and Machines, in order to ensure effective communication with the IBM Support Center. f. report any Client critical problems (Severity 1) related to an Eligible Program or Eligible Machine by telephone (and not electronically) and will ensure that all the details relevant to the problem submission are made available to IBM at the time the problem is submitted. For the Eligible Machine it includes the relevant machine type and serial number and problem description. g. retrieve and review the latest Eligible Machines and Programs on a regular basis to verify whether there have been any additions or deletions. Any questions relating to such changes can be sent to the rst; h. ensure that all access codes that IBM provides will only be used by the designated authorized requestors. i. provide IBM with the necessary remote access to the Client's Eligible Machines to assist you in isolating the problem cause. The Client remains responsible for adequately protecting the Eligible Machine and all data contained therein whenever IBM remotely accesses it with the Client s permission. Page 4 of 6

j. be responsible for the installation of microcode, firmware or program fixes that IBM has recommended. k. acknowledge that IBM is permitted to use global resources (non-permanent residents used locally and personnel in locations worldwide) for the delivery of the Service. l. agree that IBM may process the business contact information of Your employees and contractors and information about You as a legal entity (contact information) in connection with IBM Products and Services or in furtherance of IBM s business relationship with You. This contact information can be stored, disclosed internally and processed by International Business Machines Corporation and its subsidiaries, Business Partners and subcontractors wherever they do business, solely for the purpose described above provided that these companies comply with applicable data privacy laws related to this processing. Where required by applicable law, You have notified and obtained the consent of the individuals whose contact information may be stored, disclosed internally and processed and will forward their requests to access, update, correct or delete their contact information to IBM who will then comply with those requests. m. be responsible as sole Data Controller for complying with all applicable data protection or similar laws such as EU Directive 95/46/EC and laws implementing that Directive that regulate the Processing of any Personal Data and special categories of data that are provided by or through You to IBM as such terms are defined in that Directive. You are solely responsible for determining the purposes and means of processing Customer Personal Data by IBM under this SOW and the Agreement, including that such processing according to Your instructions will not place IBM in breach of applicable data protection laws. Prior to processing, You will inform IBM about any special categories of data contained within Customer Personal Data and any restrictions or special requirements in the processing of such special categories of data, including any cross border transfer restrictions. You are responsible for ensuring that the Services as described in this SOW and the Agreement meet such restrictions or special requirements. IBM will follow Your reasonable data processing instructions and only process Customer Personal Data in a manner which is reasonably necessary to provide the Services and only for that purpose. IBM will apply the security measures as set forth in this SOW and the Agreement or as notified to IBM in writing in advance. You are responsible for determining that these measures provide an appropriate level of protection. On termination or expiry of this SOW or the Agreement, IBM will destroy or return to You all Customer Personal Data. If You or a Customer Data Controller is required by applicable data protection laws to provide information about or access to Customer Personal Data to an individual or to the relevant authority, IBM will reasonably cooperate with You in providing such information or access; n. agree that when IBM reasonably determines it is useful in its provision of the Services, IBM may transfer Your data, including Personal Data, across a country border, to the entities and countries listed in this SOW or the Agreement or previously notified to You. Such transfer may be made to a country outside the European Economic Area (EEA) or to a country that has not been declared by the European Commission to provide an adequate level of data protection (a Third Country ) provided that You have had an opportunity to obtain any mandatory approvals. IBM shall reasonably cooperate with You to meet its legal requirements, including mandatory legal approvals. On this basis You consent to the Services being provided by these entities in these countries and is solely responsible for determining that any transfer of Your data, including Personal Data, across a country border under this SOW and the Agreement complies with the applicable data protection laws. If a transfer is to a Third Country, IBM collaboration may include the execution of one or more processing agreements that contain the EU standard contractual clauses for the transfer of personal data to data processors established in third countries in accordance with Decision 2010/87/EU or any European Commission approved replacement (a Transfer Agreement ). IBM or IBM affiliates would be a Data Importer and You or Your affiliates would be a Data Exporter as defined in a Transfer Agreement. Any disputes or liability arising from any Transfer Agreement, even if executed by affiliates of parties to this SOW and the Agreement, will be treated as if the dispute or liability arose between those parties under the terms of this SOW and the Agreement. 6. Mutual Responsibilities IBM and Client will each comply with applicable export and import laws and regulations, including those of the U.S. that prohibit or limit export for certain uses or to certain end users, and each of us will cooperate with the other by providing all necessary information to the other, as needed for compliance. Each of us Page 5 of 6

shall provide the other with advance written notice prior to providing the other party with access to data requiring an export license. 7. Reports IBM grants you an irrevocable, nonexclusive, paid up license to use, execute, reproduce, display, perform and distribute within your Enterprise only copies of the reports ( Materials ) as specified below, that will be delivered under the Services. IBM or its suppliers will own all right, title and interest including ownership of the copyright in the Materials. All of your pre-existing materials remain your sole property. a. Welcome Letter; b. Microcode and Release Management Report; and c. Health Check Service Report. Page 6 of 6