IBM Switzerland Ltd. Statement of Work IBM Software Support Services IBM Enhanced Technical Support for Linux installed on Intel and AMD Edition July 2016 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" Statement of Work (called the "ETS Basic SOW") and is subject to that SOW. The subject of the Service is the provision of the extended support services described below and in the ETS Basic SOW for • the Eligible Programs included in the "ETS4 - Linux Intel" Support Group installed on the Eligible Machines and • the machines on which the Eligible Programs have been installed on. The respective manufacturer has specified these Eligible Machines as compatible with the Eligible Programs. 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 and 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: • • The Eligible Machines are subject to IBM's warranty (limited warranty) or must be covered by a Basic Support Agreement. The Eligible IBM Programs licensed under the IBM Passport Advantage License Agreement will be covered by a relevant Basic Support Agreement concluded separately. 4. Scope of Services The services described below will be provided in addition to those specified in the ETS Basic SOW. 4.1 Software Support IBM will provide remote support for the Eligible Programs (by telephone from the IBM Support Center) for the following requirements of the Client • answers to basic questions or questions concerning the installation, use or configuration of these programs that can be answered within a short time; • • • • • answers to questions concerning patches, drivers or firmware; • for known errors: the provision of information about bug and program fixes (PTFs) to which the Client is entitled because it has acquired the licenses for the software (license) * answers to questions concerning the compatibility or interoperability of products; answers to questions on IBM's publications; answers to questions on code-related errors relating to Eligible IBM Programs; * checking of diagnostic information about support for the isolation of the cause of a problem (such as support for the interpretation of traces and dumps in the case of installation or code-related errors); *) * The costs incurred for the IBM programs will be covered by the relevant Basic Support Agreements 1 IBM Switzerland Ltd. IBM will assist the Client in isolating the cause of the problem and will provide any information about error recovery from the respective manufacturer if the Client has reported a problem relating to an Eligible non-IBM Program. IBM will provide the Client with corrective service information and program fixes (if available) provided that IBM is authorized to do so and 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 Client. The Client 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 and will also inform the Client 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 Client. IBM will not be obliged to develop bug fixes or program fixes for problems relating to Open Source software, to provide the Client with such bug fixes or to integrate the relevant Open Source software under all circumstances. IBM may feel free to inform the Client 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 Client of whether any infringement of third-party rights has arisen or not, or to provide the Client 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. Specific rules apply for the supported Enterprise releases of the Linux operating system open source components for IBM supported Linux distributions in the Linux Support Groups. IBM is not authorized to create or make available new fixes. IBM is not a Linux distributor and does not distribute patches, maintenance updates or refreshes. Client must receive maintenance updates and refreshes directly from the Linux distributor under the distributor’s terms. Excluded from this are emergency source code fixes for the Linux Enterprise server distributions of SUSE and Red Hat which IBM can make available in emergency cases if new defects are reported. IBM will make these new emergency source code fixes available to the Linux distributor and the open source maintainer for inclusion and distribution as errata updates and patches (officially listed 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’s support requirement is fulfilled. 4.2 Proactive Support The remote Account Advocate Team (rAAT) will provide the following during the quarterly conferences calls with the Client's Primary Technical Contact: • • • information about the current status of reported problems and appropriate action plans; • • • information about new releases or upgrades for the Eligible Programs installed at the Client's site at the Client's request; information about microcode and firmware updates that may affect Eligible Machines; warning messages concerning known problems that may affect the Eligible Machines or Programs installed at the Client's site, as well as any information about program fixes or measures to prevent such problems; information about the scheduled end of the service period for the Eligible Programs installed at the Client's site; hints and technical information about the Eligible Machines and Programs installed at the Client's site. 4.3 Extended Support for Operating System Upgrade(s) IBM will provide remote support to the Client 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 and agreed between the Client's Primary Technical Contact and the rAAT at least two (2) weeks in advance. The rAAT will inform the Client 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 Client back within thirty (30) minutes after the receipt of a service request from the Client 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 Client will be solely responsible for these activities. 2 IBM Switzerland Ltd. 5. Optional Services The services described below are optional and 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. 5.1 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: • • • • • • status of the service processor (system management); status of the management module in the Blade Center environment; disk controller; hard disk space; hard disk space of file systems status of the Eligible Linux Programs, including: • • • kernel logs and general system parameters; applications; 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 and will provide the Client with the results of the analysis in the next scheduled ETS status report, including any additional recommendations for the potential optimization of the Eligible Machines installed at the Client's site and 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 and 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 and will provide the Client with the results of the analysis and any additional recommendations for the potential optimization of the Eligible Machines installed at the Client's site and 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 and 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: • • • • the design and development of applications; the use of Programs in any operating environment other than the Specified Operating Environment; consulting activities and performance-related analyses. 6. Additional Client Responsibilities The following responsibilities will apply to Optional Services and in addition to the Client's responsibilities specified in the ETS Basic SOW. System Health Check(s) Option : • The Client will inform the rAAT about the machine types and serial numbers of the Eligible Machines covered by the optional System Health Check service, in accordance with the agreed number of machines; 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. 3 IBM Switzerland Ltd. 8. Termination and Withdrawal The other contract terms specified on the Order Form will apply. If the Client terminates the ETS Service for Linux Intel/AMD accordingly depending Service Options as for example “Linux Subscription for IBM Linux Support” will be stopped as well. The details are described in the related Statements of Works of the Service Options. 4