Skip to main content

IBM ServicePac® activation

Software ServicePac for System x Director
Software ServicePac for System x VMware (previously Virtualization)
Software ServicePac for System x Essential (previously Basic)
Software ServicePac for System x Essential Plus (previously Enhanced)


IBM Solution Support Services:

NOTICE: PLEASE CAREFULLY READ THE FOLLOWING TERMS UNDER WHICH IBM CANADA LIMITED (“IBM”) WILL PROVIDE THIS SERVICE TO YOU.

IBM WILL PROVIDE THIS SERVICE TO YOU ONLY IF:
1) YOU COMPLETE THE ONLINE PROCESS IN IBM’S INTERNET WEBSITE TO ACTIVATE THE SERVICE WITHIN 30 DAYS OF PURCHASE (UNLESS IBM AGREES OTHERWISE); AND
2) YOU ACCEPT THE TERMS OF THIS AGREEMENT. YOU CONFIRM YOUR ACCEPTANCE OF THIS AGREEMENT ELECTRONICALLY IN IBM’S INTERNET WEBSITE, BY “CLICKING” YOUR AFFIRMATIVE ACCEPTANCE, DURING YOUR COMPLETION OF THE ONLINE PROCESS TO ACTIVATE THIS SERVICE.
IF YOU DO NOT MEET THESE CONDITIONS OR YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, PROMPTLY NOTIFY YOUR PLACE OF PURCHASE AND REQUEST A REFUND IN THE AMOUNT YOU PAID FOR THIS SERVICE. ONCE YOU ACTIVATE THIS SERVICE, IBM WILL NOT PROVIDE A REFUND; AND
3) ELIGIBLE MACHINES ARE IN THE COUNTRY WHERE THE SERVICEPAC WAS PURCHASED.

IF YOU ARE PURCHASING THESE SERVICES DIRECTLY FROM IBM, THEN ONCE YOU HAVE COMPLETED THE REGISTRATION PROCESS, ADDITIONAL ELIGIBLE MACHINES MAY BE ADDED TO THE SERVICES PURCHASED PURSUANT TO THIS AGREEMENT. YOU AGREE THAT YOUR ORDER(s) FOR THESE SERVICES FOR ALL ADDITIONAL ELIGIBLE MACHINES THROUGH YOUR IBM REPRESENTATIVE FOLLOWING THE INTIAL REGISTRATION PROCESS WILL BE SUBJECT TO THESE SAME TERMS AND CONDITIONS.

Scope and Agreement Acceptance

A. Scope

This IBM Solution Support Services (for one of the following)

(called the “Agreement”) and its supported product list are the complete and exclusive agreement regarding your acquisition of an above listed Agreement for both IBM Machines and selected non-IBM Machines (collectively called “Machines”) and replace any prior oral or written communications between you, your IBM reseller or IBM regarding such acquisition.

This Service is designed to keep your Machines in, or restore them to, conformance with their specifications. We reserve the right to inspect a Machine within one month from the activation date of this Service. If the Machine is not in an acceptable condition for Service, we will notify you, terminate coverage, and refund your money.

Service for non-IBM Machines is subject to availability of technical support required from the original manufacturer.

IBM will provide Service, either 9 hours per day 5 days a week (Monday through Friday, excluding statutory holidays in Canada) during normal business hours, or 24 hours per day, 7 days per week, including statutory holidays as specified by the part number that you ordered. IBM will provide this Service only in the country of acquisition for products identified in the supported product list. Certain Machine types may require the installation and use of remote connectivity tools and equipment for direct problem reporting, remote problem determination and resolution.

B. Acceptance

This Agreement is the complete agreement regarding IBM’s provision and your use of the Services and replaces any prior oral or written communications between you and IBM regarding this transaction. In entering into this Agreement neither party is relying on any representation that is not specified in the Agreement including without limitation any representations concerning: 1) estimated completion dates, hours, or fees to provide the Services; 2) performance or function of any product or system; 3) the experiences or recommendations of other parties; or 4) results or savings you may achieve. Additional or different terms in any written communication from you (such as a purchase order) are void.

By signing this Agreement electronically, each of us accepts the terms of this Agreement, without modification, on behalf of its Enterprise (an “Enterprise” is any legal entity (such as a corporation) and the subsidiaries it owns by more than 50 percent. The term “Enterprise” applies only to the portion of the Enterprise located in Canada). Once signed, 1) any reproduction of this Agreement made by reliable means (for example, electronic image, photocopy or facsimile) is considered an original and 2) the Services are subject to it.

IBM Business Partners

IBM has signed agreements with certain organizations (called “IBM Business Partners”) to promote, market, and support certain Services. When you order Services that are promoted or marketed to you by IBM Business Partners or other suppliers, however, such Business Partners and suppliers remain independent and separate from IBM. IBM is not responsible for the actions or statements of IBM Business Partners or other suppliers, obligations that either has to you, or any products or services that they supply to you under their agreements.

Eligible Products

Off Shift is all hours outside of Prime Shift.

Prime Shift is 8:00 a.m. to 5:00 p.m. in the local time zone where Customer receives the Service, Monday through Friday (excluding statutory holidays). Prime Shift coverage includes 1) all Service calls from Customer’s personnel during Prime Shift and 2) all Service calls from Customer’s personnel pertaining to Customer Critical Problems during Off Shift.

Supported Products are those products and system environments identified in the Supported Products List for Customer’s support groups.
For ServicePac for Remote Technical Support for Storage Devices, the Supported Products List is located at IBM's Internet address www.ibm.com/services/sl/products/ or as otherwise provided by IBM.

For Software ServicePac for System x, the Supported Products List is located at IBM's Internet address
www-03.ibm.com/services/ca/en/its/documents/supported_product_list_for_servicepacs.pdf
or as otherwise provided by IBM.

Changes to the Supported Products List (for example, addition of new products or deletion of products at their end of currency date) will be posted to the Supported Products List as they occur.

What this agreement covers

A. ServicePac for Remote Technical Support for Storage Devices, or Software ServicePac for System x:

This IBM ServicePac for Remote Technical Support Services for Storage Devices, or Software ServicePac for System x (called the "Agreement") is the complete and exclusive agreement regarding Customer’s acquisition of Remote Technical Support Services for Storage Devices or Software ServicePac for System x (called "Service") and replaces any prior oral or written communications between Customer, Customer’s IBM reseller or IBM.

In addition, service will be provided for products associated with the Software ServicePac for System x as outlined in the Supported Product List for Software ServicePac, located at IBM’s Internet address
www-03.ibm.com/services/ca/en/its/documents/supported_product_list_for_servicepacs.pdf

If not initially answered by a Service technician, IBM will use commercially reasonable efforts to respond, by telephone, to Service calls from Customer within two hours during Prime Shift. Our initial response may result in resolution of Customer’s request or it will form the basis for determining what additional actions may be required to achieve technical resolution of Customer’s request. During Off Shift IBM will use commercially reasonable efforts to respond to Service calls which Customer specifies to be Customer Critical Problems within two hours.

IBM will provide ServicePac for Remote Technical Support Services for Storage Devices, or Software ServicePac for System x to remotely assist Customer with the operation of Supported Products. IBM will provide telephone and electronic assistance with:

  1. basic, short duration installation, usage and configuration questions;
  2. questions regarding IBM Supported Product publications;

For all IBM software Supported Products in your covered support groups:

  1. code-related problem questions;
  2. diagnostic information review to assist in isolation of a problem cause (for example, assistance interpreting traces and dumps for installation and code related problems); and
  3. for a known defect, available corrective service information and program fixes which Customer is entitled to receive under the terms of the IBM license.

When you report a problem relating to non-IBM software Supported Products, IBM will assist you to isolate the problem cause and provide you with recovery information, if available, from the vendor. IBM will provide corrective service information and program fixes, if available and IBM is authorized to provide to you for known fixes. If a new (unknown) defect is identified, IBM will report it to the appropriate vendor and notify you of IBM’s actions. At this point IBM support shall be fulfilled. Resolution of these problems is the responsibility of the vendor.

B. Hardware “How To” ServicePac for xSeries and BladeCentre:

This IBM Hardware “How To” ServicePac (called the “Agreement) and its applicable machine listing, are the complete and exclusive agreement regarding your acquisition of IBM Hardware “How To” Software Service (called “Service”) and replace any prior oral or written communications between you, your IBM reseller or IBM.

We will use commercially reasonable efforts to respond, by telephone, to Service calls within two hours during Prime Shift. Our initial response may result in resolution of your request or it will form the basis for determining what additional actions may be required to achieve technical resolution of your request. During Off Shift we will use commercially reasonable efforts to respond to Service calls which you specify to be Customer Critical Problems within two hours.

IBM will provide remote Hardware “How To” Service on your xSeries or BladeCentre Machines for which maintenance Services are generally available. IBM will provide telephone and electronic assistance with: a) short duration, set up, configuration, installation and usage (“how to”) support for your hardware system unit; b) the installation of your server options provided by IBM; c) respect to the analysis of machine failures to ensure that the hardware is working fault free, or returning the machine to factory installed defaults; d) the installation / setup and configuration of device drivers.

C. Software ServicePac for xSeries Basic or System x Essential:

This IBM Software ServicePac for xSeries Basic or System x Essential(called the "Agreement"), its applicable machine listing and eligible program listing, are the complete and exclusive agreement regarding your acquisition of IBM Software Service (called "Service") and replace any prior oral or written communications between you, your IBM reseller or IBM.

We will use commercially reasonable efforts to respond, by telephone, to Service calls within two hours during Prime Shift. Our initial response may result in resolution of your request or it will form the basis for determining what additional actions may be required to achieve technical resolution of your request. During Off Shift we will use commercially reasonable efforts to respond to Service calls which you specify to be Customer Critical Problems within two hours.

Service will be provided for products identified in the Supported Product List for Software ServicePacs or as otherwise provided by IBM.

IBM will provide Software Service to assist you in the operation of current releases of eligible programs we specify. A software product is a current release until the announced end of service date is reached. IBM will provide telephone and electronic assistance with your:

  1. routine, short duration installation and usage ("how to") questions; and
  2. code-related problem questions;

When you report a problem relating to non-IBM Supported Products, IBM will assist you to isolate the problem cause and provide you with recovery information, if available, from the vendor. IBM will provide corrective service information and program fixes, if available and IBM is authorized to provide to you for known fixes. If a new (unknown) defect is identified, IBM will report it to the appropriate vendor and notify you of IBM’s actions. At this point IBM support shall be fulfilled. Resolution of these problems is the responsibility of the vendor.

D. Software ServicePac for xSeries Enhanced or System x Essential Plus:

IBM will provide assistance in accordance to the terms and conditions outlined in the Software ServicePac for xSeries Basic or System x Essential section, outlined above.

In addition, service will be provided for products associated with the Software ServicePac for xSeries Enhanced as outlined in the Supported Product List for Software ServicePacs or as otherwise provided by IBM.

E. Software ServicePac for xSeries Virtualization or System x VMware:

IBM will provide assistance in accordance to the terms and conditions outlined in the Software ServicePac for xSeries Basic or System x Essential section, outlined above.

In addition, service will be provided for products associated with the Software ServicePac for xSeries Virtualization or System x VMware as outlined in the Supported Product List for Software ServicePacs or as otherwise provided by IBM.

F. Software ServicePac for System x Director:

IBM will provide assistance in accordance to the terms and conditions outlined in the Software ServicePac for xSeries Basic or System x Essential section, outlined above.

In addition, service will be provided for products associated with the Software ServicePac for System x Director as outlined in the Supported Product List for Software ServicePacs or as otherwise provided by IBM.

Your responsibilities

  1. ensure you are properly licensed to all software products for which you request assistance;
  2. provide us with all relevant and available diagnostic information (including product or system information) pertaining to software problems you request assistance with;
  3. provide us with appropriate remote access to your system so that we can assist you in isolating and resolving the software problem. You agree to grant IBM permission to access your system remotely and that you will be responsible for adequately protecting your system and all data contained therein. IBM shall bear no liability whatsoever for any data viewed by or lost as a result of IBM's remote access to your systems as described herein;

Charges, Payment, and TAXES:

A. When you Order the Services from IBM

A one-time charge, which is determined by the ServicePac part number you order, will apply for the Services. Pre-payment of the total amount of the charges for the ServicePac part number you order is required at the time you order the Services. Except for debit and credit card transactions, amounts are due upon receipt of invoice. You are responsible for any taxes resulting from this Agreement.

B. When You Order the Services from an IBM Business Partner

When you order the Services from an IBM Business Partner, the IBM Business Partner establishes the charges for the Services and the terms governing the payment of the charges.

C. Additional Charges

Additional charges will apply for delays caused by your failure to fulfill your responsibilities, as specified under Your Responsibilities, under this Agreement. In such case, you agree to pay IBM charges, at IBM’s prevailing hourly labor rate, in accordance with the payment terms of this Agreement.

D. Proof of Entitlement

Confirmation of your payment (for example, a receipt from IBM or your IBM Business Partner, as applicable) is your proof of entitlement to the Services.

E. IBM Return Policy

You may cancel this ServicePac within 30 days and obtain a refund or credit. To qualify for this refund (or credit, if appropriate), you must notify your place of purchase within 30 days after the date IBM delivers the ServicePac to you to obtain a return-authorization form. You must return the ServicePac information to an IBM designated location by the date IBM specifies. A copy of your invoice must be provided.

Warranty for IBM Services

IBM warrants that the Services will be performed using reasonable care and skill in accordance with the description of the tasks specified in this Agreement for the ServicePac part number you ordered.

THIS WARRANTY IS YOUR EXCLUSIVE WARRANTY AND REPLACES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of liability

A. Items for Which IBM May be Liable

Circumstances may arise where, because of a default on IBM's part or other liability, you are entitled to recover damages from IBM. Regardless of the basis on which Customer is entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM’s entire liability for all claims in the aggregate arising under this Agreement will not exceed the amount of any actual direct damages up to the charges paid for the Services that is the subject of the claim. This limit also applies to any of IBM's subcontractors or resellers. It is the maximum for which IBM, and its subcontractors or resellers are collectively responsible. Damages for bodily injury (including death) and physical harm to real property and tangible personal property caused by IBM’s negligence are not subject to a cap on the amount of damages.

B. Items for Which IBM is Not Liable

Except as expressly required by law without the possibility of contractual waiver, under no circumstances is IBM, its subcontractors, or resellers liable for any of the following even if informed of their possibility:

  • loss of, or damage to, data;
  • special, incidental, consequential or indirect damages (other than as part of the payments for bodily injury including death caused by our negligence) including, but not limited to, lost profits, business, revenue, goodwill or anticipated savings; or
  • exemplary damages

Open Source Software

IBM may use open source software in connection with the software application Services provided under this Agreement. Open source software is licensed and distributed to you by the open source software distributors and/or respective copyright and other right holders ("Right Holders") under the Right Holders' terms and conditions. IBM is neither a party to the Right Holders' license nor a distributor of the open source software and is performing the Services on your behalf and based upon your specification. IBM does not provide any express or implied patent license or other license to open source software. IBM uses open source software "AS IS" and makes no representations or warranties, either express or implied, with respect to open source software or any software or Material provided to you under this Agreement that links to or interacts with such open source software. IBM will not indemnify you against any claim that open source software infringes a third party's intellectual property right nor will IBM be liable for any damages arising out of your use or distribution of open source software. Both of us agree that modification or creation of derivative works of open source software is outside the scope of this Agreement.

General

  • IBM reserves the right to subcontract Services, or any part of them, to subcontractors selected by IBM.
  • To the extent applicable to this transaction, each of us is responsible for the supervision, direction, control, and compensation of our respective personnel.
  • Each of us may communicate with the other by electronic means and such communication is acceptable as a signed writing to the extent permissible under applicable law. An identification code (called a “user ID”) contained in an electronic document is legally sufficient to verify the sender’s identity and the document’s authenticity.
  • Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
  • Each of us is free to enter into similar agreements with others.
  • Each of us grants the other only the license and rights specified in the applicable license agreements. No other licenses or rights (including licenses or rights under patents) are granted.
  • You agree not to resell the Services without IBM’s prior written consent. Any attempt to do so is void.
  • You are responsible for selecting the Services that meets your needs and for the results obtained from the use of the Services.
  • The exchange of any confidential information will be made under a signed confidentiality agreement.
  • You authorize IBM Canada Limited and its subsidiaries (and their successors and assigns, contractors and IBM Business Partners) to store and use your business contact information wherever they do business, in connection with IBM products and services or in furtherance of IBM’s business relationship with you.
  • Neither of us will bring a legal action, regardless of form, arising out of or related to this Agreement or the transaction under it more than two years after the cause of action arose. After such time limit, any legal action arising out of this Agreement or the transaction under it and all respective rights related to any such action lapse, unless otherwise required by applicable law without the possibility of contractual waiver or limitation.
  • Neither of us is responsible for failure to fulfill any obligations due to causes beyond its control.
  • You may not assign, or otherwise transfer, this Agreement or your rights under it, or delegate your obligations, without IBM’s prior written consent. Any attempt to do so is void.
  • No right or cause of action for any third party is created by this Agreement or the transaction under it, nor is IBM responsible for any third party claims against you except as permitted by the Limitation of Liability section herein for bodily injury (including death) or damage to real or tangible personal property for which IBM is legally liable to that third party.
  • Neither of us grants the other the right to use its (or any of its Enterprise’s) trademarks, trade names, or other designations in any promotion or publication without prior written consent.
  • In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect.

Data Privacy

For purposes of this section, "Personal Data" refers to information relating to an identified or identifiable individual made available by one of the parties, its personnel or any other individual to the other in connection with this Agreement. In addition to each party's obligations under any existing agreements, the following provisions apply in the event that one party makes Personal Data available to the other:

d. General

  1. Each party is responsible for complying with any obligations applying respectively to each party under applicable Canadian data privacy laws and regulations (“Laws”).
  2. Neither party will request Personal Data beyond what is necessary to fulfill the purpose(s) for which it is requested. The purpose(s) for requesting Personal Data shall be reasonable. The Parties will agree in advance as to the type of Personal Data which is required to be made available.

e. Security Safeguards

  1. Each party acknowledges that it is solely responsible for determining and communicating to the other the appropriate technological, physical and organizational security measures required to protect Personal Data.
  2. Each party will ensure that Personal Data is protected in accordance with the security safeguards communicated by the other and agreed to by the receiving party.
  3. Each party will ensure that any third party to whom Personal Data is transferred is bound by the applicable terms of this section.
  4. Additional or different services required to comply with the Laws will be deemed a request for new services.

f. Use

Each party agrees that Personal Data will only be used, accessed, managed, transferred, disclosed to third parties or otherwise processed to fulfill the purpose(s) for which it was made available.

g. Access Requests

  1. Each party agrees to reasonably cooperate with the other in connection with requests to access or amend Personal Data.
  2. Each party agrees to reimburse the other for any reasonable charges incurred in providing each other assistance.
  3. Each party agrees to amend Personal Data only upon receiving instructions to do so from the other party or its personnel.

h. Retention

Each party will promptly return to the other or destroy all Personal Data which is no longer necessary to fulfill the purpose(s) for which it was made available, unless otherwise instructed by the other or its personnel, or required by law.

Geographic Scope and Governing Law

The rights, duties, and obligations of each party are valid only in Canada except that all licenses are valid as specifically granted.

Both parties agree to the application of the laws of the Province of Ontario to govern, interpret, and enforce all of your and IBM’s respective rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Agreement, without regard to conflict of law principles

Attention

For Warranty and Maintenance Options and Post-Warranty Maintenance Agreement ServicePacs purchased on or after Feb 14, 2005, please go to the IBM Global eServicePac web site to perform the registration. Be sure to obtain the Authorization and PIN # from your point of purchase.