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<br />HPSUPPORTSER~CES <br /> <br />Exhibit SS5 <br /> <br />items including but not limited to, accessories, operating supplies, magnetic media, print <br />heads, ribbons, toner, and batteries. <br /> <br />k) Out of Coverage Hours. Customer requests for Support Services, or for HP installation and <br />configuration services, that are scheduled after HP's locally defined, standard business hours <br />may be subject to HP standard after hours service rates (unless Customer has specifically <br />purchased the applicable after hours coverage for such Support Service). <br /> <br />4. CUSTOMER RESPONSIBILITIES <br /> <br />a) Product List. Customer will be responsible for the overall listing of hardware and software <br />products under Support Services, including the accuracy of such listing, the location of the <br />products, serial m.unbers, the HP-designated system handle (s), and their associated coverage <br />levels, including any subsequent changes to such listing, as required, throughout the <br />applicable Support Services coverage period. <br /> <br />b) Access. customer must provide HP with the following: <br /> <br />1) Access to the products covered under HP Upfront Services and HP system Support. <br /> <br />2) Adequate working space and facilities within a reasonable distance of the products. <br /> <br />3) Access to and use of all information, internal resources, and facilities determined <br />necessary by HP to service the products. <br /> <br />4) For the scheduled support level, Customer must designate a single work area acceptable to <br />HP at Customer site. This area must include shelves or racks for incoming and outgoing <br />products, adequate open bench workspace, adequate power and lighting, and access to a <br />telephone. Before having a product serviced under the scheduled support level, Customer <br />must: <br /> <br />a) Maintain a written log of model number, serial number, and current failure symptoms and <br />be prepared to provide this information to HP upon request. <br /> <br />b} Locate all failed units to be repaired during a scheduled visit at the designated work <br />area before the HP Customer Engineer arrives. <br /> <br />c) Call HP the workday before the day of the scheduled visit to provide information <br />regarding the number and type of products requiring repair. <br /> <br />c) Operating Procedures. Customer must follow routine operating procedures as specified in the <br />manufacturer's product operation manual(s). <br /> <br />d) Diagnostic/Maintenance Software (selected products). HP will require the use of certain system <br />and network diagnostic and maintenance programs (herein after referred to as "Proprietary <br />Service Tools") for delivery of Support Services under certain coverage levels. These <br />proprietary Service Tools which remain the sole and exclusive property of HP, are provided "as <br />is," and include, but are not limited to, remote fault management software, High Availability <br />Observatory ("HAD"), Insight Manager, Instant Support ("IS"), and Instant Support Enterprise <br />Edition ("ISEE"). Such tools may reside on the Customer's system(s) or site(s), and Customer <br />may only use such tools for the purposes covered by HP's permission, and only during the term <br />of the applicable Support Service coverage period. Customer may not sell, transfer, assign, <br />pledge, or in any way encumber or convey these Proprietary Service Tools. Customer will also <br />be required to: <br /> <br />1) allow HP to keep such Proprietary Tools resident on Customer's system(s) or site(s), and <br />assist HP in running these proprietary Service Tools, <br /> <br />2) install, maintain, and support such Proprietary Service Tools, including any required <br />updates and patches, <br /> <br />3) use the electronic data transfer capability to inform HP of events identified by the <br />software, and <br /> <br />4) if required, purchase HP-specified modem <br />diagnosis service. upon termination of <br />proprietary Service Tools and/or allow HP to <br /> <br />and/or data sets for systems having remote <br />Support Services, Customer will return the <br />remove these Proprietary Service Tools. <br /> <br />e) Revision Levels. Customer must maintain all associated system hardware and firmware at the <br />latest HP-specified configuration and code revision level. <br /> <br />f) Telecommunication Charges. Customer is responsible for all telecommunication charges <br />associated with using HP IT Resource Center and with installing and maintaining ISDN links and <br />Internet connection, or HP-approved alternatives, to the HP Response Center, including as they <br />relate to the HAD, or other Proprietary Service Tools. <br /> <br />g) Temporary Procedures. While permanent solutions are being sought, (1) HP or Customer may <br />develop specific, temporary procedures or workarounds and/or (2) HP and Customer may mutually <br />decide they will work together to develop specific, temporary procedures or workarounds. <br />Regardless of who develops temporary procedures or workarounds, Customer is responsible for <br />implementing temporary procedures or workarounds while permanent solutions are being sought. <br /> <br />SS5 City of Santa Ana <br />Fonn Date 0l-nov.2002; Modified lQ-dec-2003 <br /> <br />Page3/5 <br />Revision Number 2 <br />