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Home My WebLink AboutDATA GENERAL 1 QT:on~L ~- SEP-26-2001 To: Contract Number Quote o..t. Print Dat. Reference iTEM. Data General QUOTATION N-2001-181 From: 16:43 DRTR GENERRL Diana Nikkbah 714-647-6514 Santa Ann Public Library 26 Civic Center Plaza Santa Ana, CA 92701 !",! 'j.,. '\ ~...o c, " i i'iI'"I, ; 3-7-01 : 9-26-01 :486191 1 {)- tf-Q' -, '.i DESCRIPTION LLl 2 4540-A THIN ETHERNET CONNECTOR LL2 61000-Sl 520MB SCSJ DISK 1.1._ 61007-SL 4GB SCSI DISK 1,1.4 6677-L J201S25MB OIC ADD-IN U.s 70,7 32MB SIMM MEMORY DAUGHTER CARD 1,1,6 7045. 64MB MEMORY PKG LL7 70593 8500 BASE SYSTfM DUAL CPlJ 1.1.8 741S VME DISTRIIlUTER AIJAPTORl255 1.1,9 7420 VME DlSTRIBUTlJR CWSTlJRlBP 1,1,10 7425-l VME TERMINAL CONTROLLeR U.II G6693W-JA IJ/40lJI14 TBRMINAL 1.1.12 G6762-L 2GB4MM SCSfTAPE LU3 3 (l6802-L 1GB SCSI DISK ADD-IN 1 C..".d: (none) L L CIRP: I 2 3 4 5 6 7 ""'''''C II~ I. -"] C. 1 CI[=:J [ ] [- d IMPORTANT NOTICE pritP:S q\1O\td bt 'Data GI:fI~ral Division of EMC Corpon'llion CDG') ll.re firm mr Ihirty (30) day~ from U..e date ofthc quat!; I,\nlcss: modifiEd in writing by DG before yuo.Ir order is ~c:cepted. Ortlr.nI ror cDuil'lmeot. IInd tOI' serv~ QlIot.e<1 h\l model_umber (lithO' tbll" lOUDDOn M!",~d). .,hllll ~ mJveTDr'" bv tbr. Dd~ouDt PUl'Cbal8(! Al!l'l!f:ment lben in effect bctwer.n ,"Oll ami DC. if Rn'V. otbl;...wif.e bv tbr.l1rovisiorU olDG's Stalldud l'et'ms Slod CondTtions of s.li!.. DG Form 100 Orders fOr lit:.t!n!ed nrc\l:!'t'8ms !l;.hull b(' l!ovl:rntd b, Ihe DrOvkion!C tit DG's Proe-rarn Lit:l!:l1!iC AI!FriltU!llt (PI,A.) DC Form SOO. Order!!. for mi1il'ltJl:flaIK;1; Md 5UpporL !l.llrvicc:! ;sh;).lI he govlltned by the Maintenance and sUpPort ggn:emcnts Ih",Tl in cfl;,c:l I)l!tween yoLJ. .11ld DC, if any, olherwlsc by the provision:; of DG's M~ll!r SUPp<Jl'l' A~cmJel'Jt, DG Forno. 3Q4. Thl;! fonru c:ilr:d above i1Il: a\'ailable up~m rcques\, and their termS may be modified only by wril\~n agreemr:nt Rigned by bath parties. PAGEl 'jC i~OUNCiL . or 203 466 1736 P.03 · -UGC SANTAANA Pleas,. <<:w t\) this n1.UDber in all CQITCSPQndence and orders ;i~ ()Ji'1tDiW,A1VE) Lynn M Baillargeon Data General Corp 444 Faxon Road ea" Haven, CT 06512 USA Phone: 203-467-3518 Fax; 2D3-466-1736 r;'iiDGf.ED . 1.-14 c. ,/ I~"""" VNil~. - EXT~"'Dii;DNE~ PRICE (S) (S) _M'_ ....._h 83.461 166.92 159.60 144.00 168.00 15960 144.00 168.00 1,929_04 3.929.04 109.20 lono 83.52 83,52 321.00 121.00 7904 7.0.04 654.84 654.84 192.60 'S77.80 I L. I _.1___1 [.. .--HWISWLlST: . IIWISW NET: SW SRve: HW MAlNT YR II TOTAL; $6,.392.96 $6,392.96 I .J See www.csc.dg.comlsiteprep.asp for infonnation about preparing for anew A YiiON or CLARiiON System. "--SaleS Rcp ~ignarurc-' TOTRL P.03 PFR-12-2001 16:52 DATA GENERRl 508 229 4836 P.03 41. Data General A O"/Is,un Il[ [Me Master Support Agreement between Data General Division ofEMC Corporation ("DG") and Form 304 - Rev.6100 Customer No. l7'r~-!'-,r . Santa Ana Public Library ("Customer") This Master Support Agreement and the Support Service Descriptions and Schedules incorporated herein comprise "this Agreement" and state the terms and conditions under which DG will provide Hardware and Software Support to CUstomer. The following defmitions shall apply: "Support Service Description" means a DG publication that describes the modes of support available under this Agreement. At least one of the following service modes is available for each DG-supported product: For u orted E ul m n tandardCare .s- X 1 ' PremlerCare BasicCare Shared Care For SUDDorted Software StandardCare PremierCare For Hardware and Software SUDoort OMNiiCARE "Support Services" means the hardware and/or software support services described in the then- current Support Service Descriptions and specified in the Schedule(s). "Schedule means a listing which identifies the Support Services subscribed by Customer with respect to a specific Installation Location, the term of service, the products to which the Support Services relate and the applicable model numbers and prices. Each Schedule is comprised of Customer's orders and change orders, .and the DG quotations and acknowledgments related to such orders, and is deemed part of this Agreement. "Supported Equipment" means hardware devices that satisfy the Eligibility section of the Terms and Conditions and are listed in a Schedule. "Supported Software" means licensed programs that satisfy the Eligibility section of the Terms and Conditions and are Iisred in a Schedule. "System" means a combination of computer hardware devices, connected by power or signal con- nections, which includes a central processing unit ("CPUn), peripheral devices meeting DG standards for loading, running and printing the output of diagnostic software, and minimum memory based on CPU type, in accordance with DG policy at the time the System is accepted for support. "Installation Location" means the site where Supported Equipment or Supported Software identified in a Schedule is installed. JUN-20-2001 08:37 DATA GENERAL 1. ELIGIBILITY A. A compnter hardware device or System located within the USA is eligible for Support Services if it is a DG product, or a ptoduct accepted under DG's Multi-Vendor SuPPOrt Program ("MVS Product"). B. Unless otherwise agreed in writing by DO, devices which are neither DG products nor MVS Products shall not be maintained under this Agreement eVen though interconnected or integral to a supponed System. DG reserves the right to terminate Support Service of a System with f'uteen (15) days notice if, in DG's reasonable jUdgment, any such device adversely affects DO's ability to maintain the System and Customer decliues to removc the device from the System. , C. A softwarcproduct is eligible for Support Service if DO offers support for that product on the 'configuratiou on which it is to be run, and the product is, or runs under, an operating system that DG supports. 2. PRE-CONTR.ACT !NSPECTlON If Customer !e'luests support for equipment tbat is not newly purchased from DG, or covered by a DG warranty or maintensuce contract immediately before coverage is to begin. DG may require pre'contract inspection of the equipment. DG may !"'luire a pre-contract software audit to establish that the Customer is running current revisions, properly licensed. Coverage may be withheld or delayed if pre-contract inspection reveals that a device does not conform to an applicable quotation or order, or requires refurbishment, or if installation of software revisions or updates is deemed necessary by DG. Customer agrees to pay DG's charges for any required pre-Contract inspection or audir, aud for auy repair, refurbiShment, adjustment and illstallatiou of updates and ellgineering cltangc orders (~ECOs") anthorized by Customer, invoiced according to COnaact time and materials rates and policies in effect when the service is performed. 3. TER...lU: OF AGREEMENT Each Schedule shall continue in effect for the term specified in the Schedule, and thereafter until terminated. Either party may terminate a Schedole as of any dste after the expiration of its specified term by giving sixty (60) days wrillen notice to the other party, This Agreement shall remain in force for so long as any Schedule made under this Agreement remains in effect. Master SlIpj)Orr '~=nr 508 229 4836 P.03 4. CHAR.GES AND PAYlI1:ENT A. Charges, surcharges (if any) and discounts (if any) for Support Services shall be as quoted by DG in connection with tbe pertinent Schedule. B. PAYMENT TERMS. DG will invoice annually in advance, nuless at the inception of this Agreement or as of any anniversary thereof, D G elects to invoice on a quarterly or monthly basis. Invoices are due thirty days aiter invoice date. Interest shall accrue On past due amounts at 1.5% per month (allilual rate 18%) or the highest lawful rate, whiehever is less. C. PRICE INCREASES. Prices for SUpporr Services shall not be increased during the first twelve months of the term of a Schedule, or for any periOd for which Customer has pre.paid. DG's current Price Lis! shall apply thereafter, provided that DG notifies Customer at leas! ninety (90) days in advance of the effective date of any price increase. If the aggregate price for any . Installation Location is more than five percent (5%) greater than the aggregate price immediately before the increase, (adjusted for any additions Or deletions) Customer shall have the right to terminate the Schedule pertaining to that Installatiou Location as of the effective date of the price increase, without penalty, by written notice received by DG within thirty (30) d.ays after Customer's receipt of the notice of increase. D. SURCHARGES. Snrcharges, if applic- able, are quoted before the service is delivered or invoiced. Surcharges may be based on such factors as remoteness of the Installation Location from the nearest DO Service Center, extended Coverage hours requested by Customer, Customer's election not to enable on-line remote assistance, and usage of certain printers, E. DISCOUNTS. Discounts, if applicable, are quoted before the service is delivered or invoiced. Disconnts may be based on such factors as multi-year commitments. F. NON-COVERED SERVICE. Charges far services requested by Customer and not covered by this Agreement shall be payable rhiny (30) days after invoice at DG's rime and materials rates in effect when the service is petform~d. G. TAXES. Sales, nSe and like taxes are Customer's responsibility, and will be invoiced as incurred unless Customer bas furnished an exemp- tion certificate satisfactory to the taxing authority in the jurisdiction where the SuppOrt Service is delivered. Rev. 06100 JUN-20-200l 08:37 DATA GENEKAl 5. REPLACEMENT PARTS Parts removed for repI~cement shall be DG's property. Replacement pans supplied by DG for installation on Customer-owned Equipment shall be Cnstomer's property. Replacement par!3 shall be new or functionally equivalent to new. DG shall have the right, witll reaSOnable notice, to modify SUPported Equipment to improve its operation and reliability, or to meet legal requirements. Such wor1<; shall be performed ar DG's expense in a manner that does not unreasonably disturb Customer's operations. 6. CUSTOMER RESPONSIBILITIES A.. Where On-Line Remore Assistance is parr of the Support Service, Customer shall meet DG's requirements for such service, including a designared telephone,line capable of supporting voice and data, and a wall jack which supports a RJlI modem/phone line connection, and shall make them available as needed for remote diag- nosis and correction. Customer's failure to en~ble machine-initiated functions (on Systems equipped witll that feature) and remotc diagnosis and correction shall be subject to a surcharge of twenty percent (20%) of rhe monthly charges for the affected Schedules. Customer sball also permit On-line storage of bG diagnostic programs and PC-LAN remote access software, supply DG with user paSswords as needed for system access, and comply with bG requests to load diagnostic program media. B. Customer agrees to kcep Supported Software and microcode at DG-prescribed revision levels. Unless otherwise agreed, all updates and/or revisions to Supported Software must be installed on the supported System Within one hundred eighty (180) days after tlley become generally available. Cnstomer also agrees to retain a back-up copy of the previous version of the Supported Software. C. When SuppOrt Service is provided at the Cnstomer site, Customer shall provide, at no charge, secure storage space, scratch media (including spare tapes and disk packs), paper and other miscellaneous supplies, a designated work area, and access to a telephone. Customer's represemative shaH be available on site while tlle DG representative is present. D. The use and copying of any and all updates. changes, revisions, patches, data and documentation furnished by DG in connection with Supported Software shall be govetIled by the terms and conditions of the relcvant program Master Sappon Agr=nenr 508 225 4836 P.02 license agreement and this Agreement. E. Customer is solely responsible for backing up its programs and data, and for system recovety following remedial activity by DG on Supportcd Eqnipment, from back-up tapes of software, microcode and data made and retained by Customer. 7, PROPRIETARY ITEMS DG may install diagnostic and maintenance programs, and related software and documentation uscful for the performance of this Agreement at any Installation Location. Such "Proprietary Items' and all updates and additions thereto shall remain the exclusive property of DG Or its snppliers. Customer agrees (i) not to copy Proprietary Items in whole or in part; (ii) not to disclose or use Proprietary Items or make them available to any person except as expressly authorized by DO in the course of maintaining the Systems for which the materials were provided; (jji) upon DG's request or upon the termination of tllis Agreement, to surrender all snch materials to DG and at DG's request to destroy all such soft- warc and dOCumentation and certify to DG in writing that all copies thereof have heen returned or dostroyed. A copyright notice on any Proprie- tary Item does not constitute OJ evidence a pUblication or public disclosure. 8. INSTALLATION PREPARATION At Customer's expense, Customer shall prepare each Installation Location according to DG site specifications and unpack and position Supported Equipment to be installed by DG. 9. MOVElI-IENT OF INSTALLATION If Supported Equipment is relocated to a site within the USA where DG offers the same lIlodes and levels of Support Service, Cnstomer shall notify DG in writing at least thirty (30) days before the Supported Equipmeut is dismantled. If Cnstomer engages DO to perform tlle move, DG will suspend its charges upon de-installation aud resume service and charges fallowing re-installa- tion at the new location. Otherwise, coverage shall cease when the equipment is dismantled, and shall resume only if DG's inspection at the new location confinns a successful re-installation. Any services requested by CUstomer to correct problems resulting from a move not performed by DG shall be invoiced at DG's time and materials rates in effect when the service is performed. 10. CONFICURA nON CHANGES A. Every DG hardware device which R..-v. 06/00 , .' RPR-12-2001 16:52 DRTR GENERRL becomes part of a supported System must be covered onder the relevant Schedule unless coverage is excluded under the Pre-Contrac! Inspection or Exclusions scctions of this Agreement. Charges shall begin upon installa- tion, subject to any credit granted for conversion of an applicable DG warranty. The charge shall be the rate in effect at the time of installation. B. DG may amend or delete any mode of Hardware Support Service effective not less than sixty (60) days after notice of the change is given to Customer. In that event, Customer shall have the right to terminate Hardware Support Service for all affected installacions without penalty, and receive a pro-rata refund of any amounts pre-paid for terminated services. C. Except for MVS Equipment, Customer may cancel coverage of any item of Supported Equipment effective sixty (60) days after notice of the cancellation is given to DG, if the remainder of the covered equipment constitutes or includes a .System" as defined in the preamble of this Agreement. Customer agrees to separate such items from the System not later than the date coverage ends. In the case of MVS Equipment, the effective date Of cancellation must be on an anniversary of the schedule that added the device, and the notice must precede such anniversary by at least sixty days. D. DG may cancel coverage of any item of Supported Equipment that DG has designated as obsolete, effective not less than one hundred eighty (180) days after notice of the cancellation is given to Customer. E. DO may cancel coverage of any MVS Product effective "pan notice of cancellation, if any diagnostic program, test equipment, $pecial tool, documentation or other maintenance aid needed by DG to maintain the device ceases to be available to DO upon commercially reasonable terms, or if the device ceases to conform to ils former specificalions because of changes by its vendor to internal software Or microcode or for any other reason. F. If DG reasonably determines Ihat a device can no longer be economically mainlained doc to deterioration or wc:ar~ DG may cancel coverage of the device effective not less than ninely (90) days after notice of the cancellation is given to Customer, unless the device is refurbished to its manufacturer's specifications at Costomer's expense before the cancellation date stated in the notice. If the device is refurbished Master Support Agreemem r 508 229 4836 P.04 by other than DG, the Pre-Contract Inspection section of this Agreement shall apply. G. DG may cancel support for any item of Supported Software effective nOI less than one hundred eighty (180) days after notice of the cancellation is given to Customer. In that event, Customer may terminate support of all Supported Software at the affected Installation Locations by written notice given to DG within thiny (30) days mer receipt of DG's notice of discontinuance. H. Customer may cancel support for any item of Supported Software effective not less than one hundred eighty (180) days aftcr notice of the cancellation is given to DG, 11. EXCLUSIONS A. Support of Supported Equipment does not inClude any repair or adjustment required as a result of: (i) repair, adjustment or modification made or attempted by Customer or any third party, unless authorized by DG or performed by the manufacturer of the device; (il) accessories, alterations, or attachments not maintained by DG; (Hi) unsuitable environment, including failure of air-conditioning, electrical power, or humidity control; (iv) misuse Or accident not caused by DG, inCluding unusual pbysical or electrical stress; (v) improper programming or improper installation by Customer or Customer's end nser; (vi) relocation of devices not performed or supervised by DG; or (vii) other causes beyond DG's control, including but not limited to Acts of God, fire, flood, strikes, riots, war, or nuclear disaster or like causes. B, Support of Supported Software does not include (1) service reqnired as a result of failure of software not included on the Schedule; (ll) backup and restore operations performed at Customer's request; (Jii) service provided when the reported problem is cansed by hardware, firmware or media not supplied or maintained by DG, by operator error, by Customer's negligence or improper use of the Supported Equipment, or by Customer's failure to perform its responsibil- ities under the Customer Respo"J'ihilities section of this Agreement. C. Support provided by DO resulting from causes stated in Paragraphs A snd B of l.bis section will be billed at DO's time and materials rates in effeCI when the sen-ice is perfanDed. D. Support Services do not include electrical work external to the Supported Equipment, nctwork fsull diagnosis (unless Rev. 06100 'JUN-20-2001 08: 38 DATA GENER.cL expressly covered by the Support Service Description), operating snpplies or accessories including media, cosmetic restoration, or furnishing materials for these purposes. 12. WARRANTY AND DISCLAIMER A. DG warrants that Support Services provided under this Agreement will be performed in a professional and workmanlike manner by persons qualified by training and experieuce to perform such services. SuPpOrt Services will be provided in a manner that does not unreasonably interfere with Customer's operations. B. DG disclaims all othor warranties. Any ather conditions, representations or warranties inconsistent wirh or addirionalto the foregoing warranty, whether express or implied, by statute, common law or otherWise, are excluded. DG DISCLAIMS ANy IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE. C. Acceptance of a' product under DG' s Multi. Vendor Support Program is not a warranty or representation that the product will be compat. ible with the System in which it is installed. 13. LIMITATION OF LIABILITY A. DG's TOTAL LaBILITY FOR DAMAGES ARISING UNDER TIns AGREEMENT, WHETHER IN AN ACTiON OF CONTRACT OR TORT, INCLUDING NEGLIGENCE, SHALL NOT EXCEED THE TOTAL CHARGES FAID By CUSTOMER TO DG FOR THE SUPPORT SERVICES PERFORMED UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTR PRRIOD IMMEDIATELY PRECEDING A CLAIM OR $100,000 WHICHEVER IS THE CRUTtR. B. DG shall not be liable for any damag~s resulting from Customer's failure to perform its responsibilities to its Cu.stomers; or for ad.verse effects that installation of an update or revision to Supported Software may have on Customer's use of a System. even if such updates or reviSions are installed by DO at Customer's request. C. L" NO EVENT SHALL EITHER PARTY BE LIABLE FOR (I) ANY INCIDENTAL, SPECtAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFtT AND DAMAGES RESULTING FROM LOST DATA OR LOss OF USE OF COMPuTING F"CILITIES), HOW- EVER CAUSED, I!VEN tF THE PARTY WAS ADVISED OF THE POSSIBILtTY OF SuCH DAMAGES; OR (H) ANY FAILURE OR DRLAV IN A PARTY'S PERFOIL'IANCE DUE IN wnOLE OR IN PART TO .'-''''1.' CAUSE BEYOND THAT PARTY'S REASONABLE CONTROL. D. The limitations in this section shaH not Ma= Suppon Agreement 508 229 4836 P.84 apply to liability for death, bodily injury, or loss or damage to a party's tangible property caused by the negligence or willful misconduct of the other party or its employees_ 14, CUSTOMER REPRESENTATION If Customer is an authorized DG reseller from whom the end user at the Installation Location purchased or leased a supported System, Customer's contracts with snch end user shall incorpotate far DG's beneilt tl:1e information in. the Support Service DeSCriptions and the obliga. tions and limitations set forth in the Warranty and Disclaimer and Limitation of Liability sections of this Agreement B. TERMINATION A. Notwithstanding the Term of Agreement section of this Agreement, DG may SUspend' perfonnance of any or all Schedules, Or terminate this Agreement, or both, with ten (10) days notice, if CUstomer fails to pay in a timely manner any charges not the subject of a bona fide dispute. B. Notwithstanding the Term of Agreement section, either party shall have the right to terminate any or all Schedules, or tenninate this Agreement, or both, if a trustee in bankruptcy, receiver, or similar officer is appointed regarding the other parlY's property; Or jf the other party (i) transfers a majority interest of its equity or assets other than in connection wirh a Corporate reorganization; (il) admits in writing its inability to pay its debts generally as they become due; (iii) executes a document in the nature of an assignment for the benefit of creditors; (iv) defaults in rhe performance of any malerial obligation under this Agreement, and (subject to paragraph A of this secrion) such event or condition is not remedied to the reasonable satisfaction of [he injured party within sixty (60) days after written notice to the other parry. 16. GENERAL A. This Agreement and all transactions within its scope shall be construed in accordance with and governed by the laws of the Common- wealth of Massachnsetts, excluding its conflict of law rules and excluding the Convention on Contracts for the International Sale of Goods. B. Neither this Agreement nOr any individual Schedule or other uansaction under it shall be assigned by either party without the prior wrinen Consent of the other party. which consent shall not be unreasonabiy withheld. DG may sub- contract the performance of Support Services. bur shall remain Obligated to Customer for perform. Rev. 06/00 ;UN-20-2001 08: 38 DATA GENE.'i.cL anee of its obligations under this Agreement. C. Failure of a party in any instance to insist upon the other pany's performance of any prOvision of this Agreement shall not be cOnstrned or deemed to be a waiver of that or any other provision of this Agreement. All rights and remedies may be exercised singularly or concur- rently. D. Headings and subheadings are for convenience only and are not to be nsed in interpreting or construing this Agreement. E. This Master SuPPOrt Agreement, including the Support Semce Descriptions and Siqnatures oh next paqe Customa By Print name and title Signatnre date Master Support Agreement --- 508 225 4836 P.05 Schedule(s) incorporated into this Agreement, represent the complete and exclusive statement of the agreement between the parties relating to its subject matter and supersede all prior oral or written co=unications, agreements, proposals, repreSentations, statements, and undertakings between the paIties wirh respect 10 the Support Services to be provided. F. This Agreement may be modified only in writing signed by authorized represenlalives of both parties. These terms and conditions shall prevail over allY proposed variations or additions contained in any order, acknowledgment or other document submitted by Customer. Data (;,oneral DlvlJfon of EMC Corporation By Print name and title Signature date R..>v. 06/00 =: '-. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the (D day of <:"q)tn'y\h€,- ,2001. ATTEST: CITY OF SANTA ANA ~c-~/ /(.Il/P lUCIAEHEAL~/ 1/" Clerk of the Council f~!1! APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney ) ('7,) ~~~r~ ~h~~'::~' c,J Xl)' Deputy City Attorney RECOMMENDED FOR APPROVAL: DATA GENERAL DIVISION OF EMC CORPORATION / l'~ " /'~' Ro13 !tIC Library Director ~{~ (TitbMtlO NIDDRIE MAJOR OPPORTUNITIES MANAGER Employer ill # or Individual SS # '71J~1o 8 Aur-5HOOI 01 :5lpm From-EWC ~ILFORO EI , bOo: l'1 '. <> '.t:l ro'-= ..::;; - a~.2 ~ai al~ .5 ~ II ~ ~ Q '., ., ~ a l"l 1:: c c."" ,_ "0 ~ '" e.!l $ o.~ ~ ~ ~ &]u :;l ~ '1:l t;I] .~ ~ " .. " .'" Q ~ ::::l~ ~ ~ . E ~ 6 .-=: E ~ g <> E ia.$t -0 ~ r:; gj rJ ~ '" ~ ".g oj <.> " "" iil ' '" " ~ ~ 2 ~ -,~ c "" ",..0 ~ "'" ~ "'::9-" [~~ ~.~ ~ <1.l ~ ~ ...."'lti -> ~.g e r; E c.. ,_~ I'>.. -..... .... 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F'v -< ..; v ._--~~- -~~-_._--..- ~ ;., 51 ~ ,.I. .. "" 0 ~ :2 " '" ;s ;di "' " ~ '" ~ :jI "= " 1 's: .. .g~ !l ~ '-'0 ~ ,!l ... &l" ~ is " " ~~ ", .5 .- <l '" ~ o "-g " " - .<:: -s ,5 ~~ .. ~ 0" l=l,hi;l C'\ '0 ~ .0 " .ll '" ... :;1"8 .~ " l~-fi i'" " ! .c ~o ~ U " .\j "~ u- i .. = ~ ] ~ 5 :l I!! ....'" ~ ~ " Vl _ ;:i;TI " 0 ~ ~D ~ ~ ~ fJ , !> " c S 'i r:!,g < il ~ ; ~ ~ '0 c '~ ~ 'll iJi ~~~~t ':I " ~ 'If :)'15 ~'~1 fo :u 0 'r;; '-'0 ~ F "~ '''' (3,~~ .<! -'"l 0.. ;I; o ... -<: u 0 0> ---- 1l 1>\, 1>\, " " "~ 1l ~ 0" ~ e ~e ~~ ~ '~ " ~ " " ~~ ~8 '" ... <5", ..a " " Q!~ ~a ;>;u '--'--- .-.----.--..------...--.--....g--.......u1-.._ ~ 'J;: A ~ A ~ 0. ~ ;;; ...;0 '8 Q "''''' 1j.o ll8 -a..... " " ... ... <:: e '= " ill ti EO ... Q) ~.M """," Q} - ... S'!; ~ - If 5 - E g,.$- '"-= .'!J '" ... 11~ .1; ;" s '" a,g so ",<<1 wE' ~~ ,g- B ~ ,gj g i: '" :J 'E E '" -] ,8 " .,,~ - l!' ~~ " Aut-3HOOI 01 :59pm From-EI.I:: MILFORO EI 50B4977136 T-055 P009/011 F-OB7 4.. Data General - -- - ~, - A DIVISion of EMC SOFTWARE SUPPORT SERVICE DESCRIPTIONS Support For Microsoft's Windows NT And BackOffice Products Data Cener;ti Division of EMC COlporation (DO) offers 'PremierCA:kE and Sttm4l/r4CAfi!l SUPP"rf Services for Microsoft's WinQows NT !lnd BlICl<Office produc!.<,* QMIViiCARE Service (see OMNiiCARE Service De- .\criptjon) may be available for some of those producls SrandardCARE PremierCARE Technical support is available 10 CIlslomer's deSig. Te<;hnical support is available 10 customer's desig- nated caller (or either of two designated alternates) by nated caller (or either of two designate4 alternates) by telephone, toll-free, between 8 am and 5 p,m, custome. telephone, toll-free, 24 hours per day, 365 days per local time, Monday through Friday except holidays yeae Data General Customer Support Center representlltive PIltII General CuStOmer Support Center representative will return call within :2 hours. will return call wirhin 30 minutes. AlllOmated System Support Automared System Support Remote Diagnostics Remore Diagnostics Software Trouble Reporting Software Trouble Reporting Proactive Patch Notification Service Options; Service Options: Incremental System SuppOrt eXlend~ ~upporl1o Incremental Sy<tem Support exrend~ suppon '0 addirioMI sysrems wiThin rhe customers IT e'lvi- ar/mriollal SYSTems wirhin the "USl(Jmen IT env;- rOftrttelll, ronmem, Additional Caller Additional Call~( OMNiiCARE .. For wlUly software products other thlln Windows NT llnd BackOfl'ice, including DGfUX, DG contin- ues to offer support under the terms of the Software Support Services Agreement, DC Form 601. , . AU(,-31-2001 02:00pm From-E~ ~ILFORO EI 50em7136 T-055 P.Ol0/0ll Her f,. Data General __n_____ .____ __ ~ A Division of EMe OMNiiCARE SlJPPORT SERVICE DESCRIPTIONS Eligibility To be eligible for and remnill covered by OMNiiCARE a System must continuously meet the fOllowing criteria: · OMNiiCARE is available only for Data General A ViiDN sysrem~. · Each System must be a DO System classified as an A Vii ON dual ~6S0 system or above, in a cluster, with failover capability. · Each SYStem in a system cluster mUst qualify for OMNiiCARll. . The configurlllion must iQclq<je ECC memory, llC1 UninlW\lplibl~ Power Supply (UPS) and back-up storage devices approVed by DO. · The hardware must be Covered by Data General's PrernierCARE hardware support. · The o~raling system software (DGIUX or Microsoft JIlT) m\lstl>c covered by Premier:CARE Software support, or by Support Plus uplifted to 24 by 7 coverage. Processor and storage devices must be covered by microcode subscripdon service, when available, Updates a\ld patches. if any, to the operating system and microcode provided under the prerequisite services, must be installed within founeen (14) days after nor.ifJcation of avai.lability of a patch Or upon receipt of an update. . All features of the machine-initiated Alerr system (A V/Alea or NT A1ea, including High Availability features) must be implemented with a modem approved by DO, and It designated phone line used solely for the AJen system. · The inStallation location must be within fifty (50) miles of the nearest DO Service Center. lktlnhions . "Critical Syslem" means the system(s) identified by CPU Model Number and Sedal Number in the per- tinent &hedule and consists of the CPU, the operating system (DGIUX or Microsoft NT), the DO hard- \\fare components sharing the CPU cabinet, tbe Do master console and any DO mass storage peripher- als. Other peripheral and network devices are not included in OMNiiCARE, but may be COvered under other service modes. · "T.Jnschedllled Dowmime" means any period during which the operating system is unavailable to run ap- plications due to malfunCtion in the Critical System. 99.9% Uptime Guaraatee . OMNiiCARE begins when successful installation of the Critical System is reported to DO's Customer Suppon Center by the Alert sYStem. · Each Uptime measuremem period is three calendar momhs. The firSI measurement period begins on the first day of the next calendar month afler the Critical System has completed thirty (30) days of opera- tion. . If Customer believes tllllt Unscheduled Dowl1lime for a Critical System in the lasl lidl mensurement pe_ riod may have eXCeeded Ihe threshold specified in this seCtion, Customer shall notify DG's Customer SUPPot[ Center to request validation of UnsCheuuled Downtime for thai period. DG shall ca...se Ihe Alert system log (or such other ~asuremOnt 100.1 as DG may utilize for tile purpose) to genetate a repOrl of Unscheduled Downtime for the affected Critical System(s) over the measurement peliod. If the re- porr confirms that Unscheduled Downtime for a Critical System within Ihe previous measurement period exceed.:d 2.19 hours, DC will apply a credit for the amount of $4,500.00. -' ." . Aut31-2001 02:00pm From-E~ MILFORO El 5014977136 T-055 POll/Oil Hlr DG Commitments · OO's Customer SijPport Cemer will respond on a priority basis to issues submitted by CUstomer pertailling to the products covered by OMNiiCARE. · OO's Customer Supporr Center will respond via lelephone within fifteen (l S) minutes, jf the appropriate support resource is nor immediately available. · DG's Customer SUpport Center wi!J dispatch an ACCOUnt Engineer to be at Customer's location Within two (2) hours for conditions requiring on-site remedial maintenance. · DG will desigrtare an ACCOUllt SUppOrt RepreSentative ("ASR") from DG's Customer Suppon Center to act as the Customer's comacr person for the management and escalatiOn of service calls. · Customer's ASR will conduct monthly serviCe reviews and advise Customer on ways to im. prove sysrem reliability <IUd perfollU4rLce. Customers ASR will notify Customer of patch mes, inreriItl fiXes, Ilpdates and revisions far the operating system as they become available and will install them, at murually agreed-upon times, via remote connection. Exclusions Credits will not be allowed for downtime caused by: (i) any of the eveurs or conditions enumerated in the Exclusions section of the Master Support Agreement Terms and Conditions; (ii) malfunction of de- vices other than rhe Crirical System componenrs; (iii) software products orher rhan the DG/UX or Win" dows NT operating system; (iv) Customer's failure to follow DO instructions for preventive measures, such as installing soflware parches ana releases, and hardware FCOs and BCDs; (v) CuslOmer-iniliated interruptions, such as scheduled downtime for installation of FeOs, BeOs and software updates, or for preventive maintenance, and including time during which CUstomer is unav=\ilable or fails to make the system available to 00 for problem analysis and repair; (vi) any ullplanllM evertr initiated by Customer which is outside the scope of the normal operation and usage of the Critical System.