IBM Switzerland Ltd.
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Statement of Work
Software Maintenance
Edition April 2014
1. Subject Matter
The subject matter of this Service is the provision of software maintenance for Eligible Programs, as specified in this service
description. The Software Maintenance is available for IBM System i and System p (e. g: OS/400, i5OS, AIX, HACMP, PSSP,....),
IBM System Storage as well as IBM WebSphere DataPower and contains product-specific Services such as Support and
Subscription.
2. Specific Definitions
The following definition of terms supplements those in chapter “General Definitions“ from the associated Supplementary Conditions
for the Services defined in this chapter.
Eligible Program is a program licensed by the Customer listed in the Service List of the Order Form for this service description or
which has been added to the scope of Services subsequently, in accordance with the chapter "Automatic Inventory Management".
An overview of all programs for which "Software Maintenance" is available can be downloaded from the Internet at:
http://www-03.ibm.com/services/supline/products/.
The System i programs listed on the Internet site mentioned above are Eligible Programs for the Eligible Machines covered by
"Software Maintenance" for System i, provided that this Service has been specified in the Order Form.
All other programs listed on the above-mentioned Internet site must be specifically named in the Order Form and identified as
Eligible Programs.
IBM will also provide the Customer with the list of programs available on the above-mentioned Internet site upon request.
A licensed unit denotes a unit for which an eligible program is licensed based on IBM Software Maintenance. Licensed units are, for
example, machines, cores (also called „processors“), an installed quantity of an eligible program („per install“), connected and
managed chassis, storage devices or storage amounts („terabytes“).
3. Technical Requirements
The following requirements apply for IBM Software Maintenance:
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The IBM Software Maintenance Service for AIX-based license programs requires an active IBM Software Maintenance Service
contract for AIX over the entire term.
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The IBM Software Maintenance Service for the IBM i-based license programs (previously also known as i5/OS or OS/400)
requires an IBM Software Maintenance Service contract for iSeries or i5/OS over the entire term.
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The IBM Software Maintenance Service for an eligible program requires all licensed units to be covered under Software
Maintenance.
A comparable IBM Linux support service is strongly recommended for all Linux-based license programs.
4. Scope of Services
IBM will provide the Customer with the following for the eligible programs on the eligible machines for the duration of the term of the
Software Maintenance, as stated in the order form:
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program updates (including new versions and releases) announced during the term of the contract, as soon as these updates
are generally available and have been requested by the Customer;
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remote support for the following Customer requests:
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replies to fundamental questions and those about installation, usage and configuration that can be answered within a short
time;
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replies to questions concerning IBM publications in relation to the eligible programs;
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replies to questions on code-related errors.
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verification of the diagnostics information to provide support for the isolation of the cause of a problem (for example, support for
the interpretation of traces and dumps in the case of installation or code-related errors);
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in the case of identified errors, the provision of information about bug fixes and program temporary fixes (PTFs), for which the
Customer is entitled to by obtaining the usage rights for the software (license).
These services will not include support for
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the design and the development of applications;
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the usage of programs in an environment other than the prescribed operating environment; or
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errors caused by products for which IBM is not responsible;
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problem analyses in relation to the product, the system and the manufacturer;
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coordination of support activities.
IBM will provide the Customer’s employees responsible for the technical support of the Customer’s information systems with
telephone support, and if necessary electronic support, during IBM's normal business hours for the IBM Support Center.
IBM will provide support to the Customer round-the-clock in the case of Customer-critical problems.
Usually, IBM will call the Customer back within two hours after the receipt of a service request from the Customer during IBM's
normal business hours and for customer-critical problems, it will do so around the clock. If the problem cannot be solved during the
first telephone call, it will be determined on the basis of the telephone call what other measures are necessary to find a technical
solution to the problem in question. IBM will usually start processing the problem within two hours after the receipt of a service
request outside normal business hours and in the case of Customer-critical problem.
All Services provided during IBM's normal business hours and outside normal business hours in the case of Customer-critical
problems are included in the services charges.
5. Automatic Inventory Management
Inclusion of new programs
In the event that an agreement concerning "Software Maintenance" concluded at the time the Eligible Program was acquired has
expired, the Eligible Program installed on the Eligible Machine may be included in the Service List for this Order Form automatically
with the automatic update of the inventory for "Software Maintenance", provided that the Eligible Machine has been specified in the
Machine List for this Order Form. IBM will inform the Customer of this in advance.
The Customer may revoke in writing the automatic increase in the inventory within one month after receipt of the invoice for
"Software Maintenance" for the Eligible Program installed on the Eligible Machine. However, the Customer will be obliged to pay for
these Services if IBM has already provided them at the Customer’s request.
The automatic increase in the inventory may, however, not be revoked if the program concerned is an upgrade, a new feature, a new
release or a new version of an existing Eligible Program or a further copy of an existing Eligible Program installed on an Eligible
Machine. The program will continue to be considered as the subject matter of the service description, and the same service level as
for the existing Eligible Program will apply.
6. Specific Customer Obligations
The following Customer responsibilities supplement those in the chapter “General Customer Obligations“ from the associated
Supplementary Conditions for the Services defined in this chapter.
The Customer agrees to
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check the current list of the Eligible Programs on the Internet site specified in chapter “Specific Definitions“ at regular intervals,
in order to ascertain whether program versions/releases have been added and/or deleted;
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install the devices and/or programs required for remote access agreed and necessary for the “Software Maintenance“ at the
place of installation;
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allow IBM remote access to the Customer’s Eligible Machines and provide the necessary user IDs, passwords or further access
authorizations required for the “Software Maintenance“ in order to enable IBM to provide support for the isolation of the cause of
a problem and for the provision of its services.
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7. Service Charges
Service charges are calculated on the basis of the list price of the licenses acquired by the Customer and of the licensed units of the
selected eligible programs and eligible machines as well as the number and capacity of the processors. Specific service
constellations existing at the time of the offer preparation can be taken into account to reduce prices when calculating the final
service charge. If these constellations change, IBM is entitled to modify the service charges (e.g. to list price level) if any price
reductions are no longer applicable as a result of these changes.
In the case of a resumption of Software Maintenance following a suspension of the Services (no continuous extension of Software
Maintenance following the expiry of the last support period) as well as with the acquisition of Software Maintenance for a new license
more than 30 days after the acquisition of the license (e.g. in the context of the purchase of a used machine), a one-off „After
License Charge“ is imposed.
8. Supplementary Termination Terms
The following termination terms supplement those in the suitable chapter “Term and Termination..” from the associated
Supplementary Conditions for the Services defined in this chapter.
IBM may withdraw the Software Maintenance Service for an eligible program, as listed in the Service list, three months after
informing the customer in writing.
IBM reserves the right to change the list of the serviced program versions/releases specified on the Internet site mentioned in the
chapter "Specific Definitions" at regular intervals, i.e. to add and/or remove program versions/releases from this list. This may result
in corresponding changes relating to the inventory of the Customer’s Eligible Machines and Eligible Programs covered by 'Software
Maintenance'
No credit will be given for the withdrawal of a service for individual program versions/releases on the Internet site and for prepaid
services that have not been used.
Advanced payments for a service terminated by the Customer or withdrawn or terminated by IBM are credited to the Customer pro
rat-a by the IBM Business Partner taking into account the compensation amounts.
9. Required Consents
The Customer will provide IBM with all consents required by IBM for the provision of the services in accordance with this service
description. This will include all consents entitling IBM or its subcontractors to access, use or modify the hardware, software,
firmware or other products used at the Customer’s location (including the creation of derivative works), without infringing any rights
(including patents and copyrights) of vendors or owners of these products.
The Customer will defend and indemnify IBM, its affiliated companies and subcontractors against any claims, claims arising from
contract or tort, or damage (including legal defence costs of a reasonable amount), which may arise from claims enforced against
IBM (including any claims based on patent or copyright infringements) and which have been justified by the absence of such
consents.
IBM will be released from all its obligations that may be affected by the absence or untimely provision of the required consents.
