Common use of IBM Services Clause in Contracts

IBM Services. 4.1 CUSTOMER retains IBM under this SOW to perform the following Installation Services: a. IBM will install, integrate and configure the IBM Products identified in Section A1 of Schedule A. b. IBM will install, integrate and configure the Blue Gene/Q Programs identified in Section A2 and the Other IBM Programs identified in Section A3 of Schedule A. c. IBM will install, integrate and configure the CUSTOMER Hardware Deliverables, if any, identified in Section B1 of Schedule B and provided by the CUSTOMER at or before delivery of the IBM Machines. d. IBM will install, integrate and configure the CUSTOMER Software Deliverables, if any, identified in Section B2 of Schedule B and provided by the CUSTOMER at or before delivery of the IBM Deliverables. e. IBM will install, integrate and configure software licensed and distributed to CUSTOMER by open source software distributors and/or respective copyright holders (“Right Holders”) under the Right Holders’ terms and conditions. IBM performs this service on CUSTOMER’S behalf. By performing these services, IBM is neither a party to the Right Holders’ terms and conditions nor a distributor of the CUSTOMER Deliverable software. f. Notwithstanding anything to the contrary set out in the CDA, IBM will install any Customer Set-up Machines identified in this CDA. 4.2 The “Date of Installation” of IBM Deliverables and completion of Installation Services described in Section 4.1 shall be the business day after the day IBM completes the following criteria: a. Host System (Service and Front End Nodes, Functional and Service Switches, Storage Subsystem) are physically installed and functionally operational; b. Blue Gene Compute Rack(s) are physically placed in position; c. Cabling is complete (including power, Ethernet and integrated networks cables); d. Blue Gene Compute Rack(s) are powered on; and e. All hardware is displayed as available in the Blue Gene Navigator. f. Service Node powers on and off and reports the system status; g. Rack and system diagnostic runs have completed; h. The ability of the Front End Node to submit the Linpack application to a target 512 Compute Node partition has been demonstrated; i. Linpack has run on a maximum system partition; j. The ability to submit multiple Linpack jobs to multiple partitions simultaneously has been demonstrated; and k. The ability to route Ethernet traffic to a destination TCP/IP has been demonstrated. 4.3 The warranty period for IBM Products and IBM Programs delivered under this SOW shall be one year commencing upon “Date of Installation.” 4.4 Subject to CUSTOMER making payment for post-warranty maintenance, IBM will provide post-warranty maintenance Services (“Maintenance Services”) during the period(s) shown in Transaction Document 9: Schedule D. 4.5 During the warranty period and the Maintenance Service period, IBM will provide CUSTOMER with Services for IBM Machines pursuant to the terms of the ICA; and with Services for IBM Programs pursuant to the terms of Attachment V. Notwithstanding anything to the contrary in the ICA and the SWMA, IBM will provide; a. On-Site Repair/Exchange of failed IBM hardware parts - Monday through Friday (except Holidays), 8:00am to 5:00pm local time (optional at additional cost: 7 days a week, 24 hours/day); b. Remote Troubleshooting for IBM Products and IBM Programs problem determination - Monday through Friday (except Holidays), 7:00am to 7:00pm Central Standard/Daylight Time (and 9:00am to 5:00pm British Standard//Daylight Time for CUSTOMER locations outside the U.S.); c. Enhanced Technical Support - Monday through Friday (except Holidays), 9:00am to 5:00pm Central Standard//Daylight Time; and d. Access to fixes for IBM software bugs if and when implemented by IBM and access to IBM software maintenance releases if and when they are available. 4.6 CUSTOMER agrees to report all operational problems and technical issues related to the Blue Gene/Q System delivered under this SOW by entering service requests via telephone or internet at numbers and web addresses provided by IBM; and to provide IBM assistance in problem identification. 4.7 IBM will respond with an estimated time of disposition for identified problems or issues within twenty-four (24) business hours of CUSTOMER appropriately notifying IBM. 4.8 IBM will notify CUSTOMER of releases or version upgrades to IBM Programs and CUSTOMER Software Deliverables that are mandatory. CUSTOMER agrees to obtain (including from third parties) and install any such releases or version upgrades within ninety (90) days of IBM's request to do so. Otherwise, IBM may suspend the Maintenance Service obligations described in this SOW effective upon written notice. 4.9 Maintenance for CUSTOMER Hardware and Software Deliverables, if any, are not included in this SOW. No Services, other than those specifically outlined in Section 4.1 above are included for Customer Hardware and Software Deliverables.