Stratus Technologies Ireland Limited or an affiliate (“Stratus Technologies”) will provide the maintenance services (“Services”) described below for the ztC Edge™ unit you a registering. Stratus Technologies’ obligation to provide these Services is contingent upon your prompt payment of Stratus Technologies’ invoices (not later than 30 days from receipt) and your compliance with your other obligations as listed below. BY ACCEPTING THE SERVICES DESCRIBED YOU AGREE TO ACCEPT AND BE BOUND BY THESE TERMS AND CONDITIONS (THE “AGREEMENT”).
1. What you get:
a. Ability to report an error 24/7 via the Stratus Service Portal (https://support.Stratus.com )
i. You will get a response:
Support Response SLA’s
|Response Time||<30 Minutes 24x7x365||2 Local Business Hrs.||8 Local Business Hrs.||12 Local Business Hrs.|
ii. If Stratus Technologies determines that your unit needs to be replaced, you will receive a replacement unit within three (3) business days.
|Regional Location||Business Hours|
|North America, Central & South America||Mon-Fri, 8:00am to 5:00pm Local Time Zone*|
|EMEA (Europe, Middle East, Africa)||Mon-Fri, 8:00am to 5:00pm Local Time Zone*|
|APC (Asia, Singapore, Australia/New Zealand)||Mon-Fri, 8:00am to 5:00pm Local Time Zone*|
|Japan||Mon-Fri, 8:00am to 5:00pm Local Time Zone*|
2. What you need to do:
a. Except for “critical” issues (which may be reported by phone) report your problem via the Stratus Service Portal
|Critical||A condition whereby the system or the operating environment is substantially inoperable and or severely impacts the customer business operation and no procedural avoidance exists. Some examples include:
b. Follow instructions to install replacement unit
c. Return problem unit, at Stratus Technologies’ expense, as instructed.
3. Important Legal Terms
a. Initial Term: The initial twelve (12) month term of service, which was arranged for by your supplier, will begin on the earlier of (i) the date you register this ztC Edge Unit or (ii) sixty (60) days from the date your supplier received the ztC Edge Unit.
i. STRATUS TECHNOLOGIES WARRANTS THAT THE SERVICES WILL BE PROVIDED IN A GOOD AND WORKMAN LIKE MANNER.
ii. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES, TERMS AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OF A SYSTEM OR THAT ALL PRODUCT ERRORS OR DEFECTS WILL BE CORRECTED
c. Limitation on Liability
IN NO EVENT SHALL STRATUS TECHNOLOGIES BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA, PROFIT OR BUSINESS), WHATEVER THE BASIS OF THE CLAIM OR ACTION (SUCH AS BREACH OF WARRANTY, CONDITION, CONTRACT, INFRINGEMENT OR TORT, INCLUDING WITHOUT LIMITATION STRICT LIABILITY AND NEGLIGENCE OR OTHER LEGAL THEORY) EVEN IF IT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, STRATUS TECHNOLOGIES’ LIABILITY FOR DAMAGES OR LOSSES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE BASIS OF THE CLAIM OR ACTION WILL BE LIMITED TO THE AMOUNT PAID TO STRATUS TECHNOLOGIES FOR THE SPECIFIC SERVICE OPTION COVERING THE PRODUCT(S) THAT CAUSED THE DAMAGES OR LOSSES. Because some states or countries do not allow a limitation on the duration of an implied warranty or the exclusion of incidental or consequential damages, the above limitations and/or exclusions may not apply to you.
d. Force Majeure
Stratus Technologies is not obligated to repair any Covered System, subassembly, or component part which has been damaged as a result of: (i) fire, natural disaster, neglect, misuse, abuse and war or other events or causes of force majeure, (ii) unauthorized modifications, use of non-Stratus Technologies supplied equipment or software, damage resulting from environmental considerations such as electrical power, heat, cold, or humidity outside the published product specifications, or operating the Covered System in an other than the fully redundant mode
Governing Law/Jurisdiction. These terms and conditions together with all applicable Service Level descriptions constitute the entire agreement between you and Stratus Technologies regarding the subject matter hereof and supersedes all previous and contemporaneous written and oral representations, proposals and communications, including, without limitation, the terms and conditions of any purchase order or other similar document. These terms and conditions and all transactions hereunder shall be governed by and enforced in accordance with the laws of the Commonwealth of Massachusetts without giving effect to the choice of law principles thereof. You agree that Massachusetts is an appropriate jurisdiction for any disputes that might arise under this agreement.
4. System Health Monitoring Service: If you have enrolled for System Health Monitoring Service then you will also receive:
a. System monitoring of hardware faults for the pair of servers (one system).
b. System monitoring of the Stratus Technologies Redundant Linux operating system (host).
c. System generated Alarms will be “phoned home” to Stratus Technologies and evaluated by the Stratus Technologies Customer Service team resulting in either:
1. The Alarm being determined to be Informational and/or not requiring action by Stratus Technologies Support.
2. Alarm determined action is required by Stratus Technologies Support, a support case is created and assigned to a service engineer per the response times listed above.
d. System Monitoring does NOT include monitoring of the following:
1. Guest operating system
2. Non-Stratus Technologies Applications installed and running on the system
3. Network security and intrusion detection Anti-virus and malware detection