Table 6. Optional service features

The DMR and CDMR service feature options are available for on-site service levels and apply only to eligible data retentive components replaced by HPE due to malfunction. The options do not apply to Hardware Exchange Service levels or any exchange of data retentive components that have not failed. The components that can be retained under these service features are outlined in the Keep sensitive data safe with HPE Defective Media Solutions solution brief.

Data retentive components that are specified by HPE as consumable parts and/or have reached the maximum supported lifetime and/or the maximum usage limit as set forth in the manufacturer’s operating manual, the product QuickSpecs, or the technical data sheet are not covered by this service.

DMR service and CDMR service coverage for options designated by HPE as requiring separate coverage, if available, must be configured and purchased separately.

Failure rates on data retentive components covered by DMR and CDMR are constantly monitored, and HPE reserves the right to cancel this service with 30 days’ notice if HPE reasonably believes that Customers are overusing the DMR or CDMR service feature option (such as when replacement of defective data retentive components materially exceeds the standard failure rates for the system involved).

If Customers choose to retain repair parts covered under the DMR and/or CDMR service feature options, it is their responsibility to:

• Retain covered data retentive components that are replaced during support delivery by HPE
• Ensure that any Customer sensitive data on the retained component is destroyed or remains secure
• Have an authorized representative present to retain the defective data retentive component and accept the replacement component
• Provide HPE with identification information such as the serial number for each component retained hereunder, and upon HPE request, submit a document provided by HPE acknowledging the retention of the data retentive component
• Destroy the retained data retentive component and/or ensure that it is not put into use again
• Dispose of all retained data retentive components in compliance with applicable environmental laws and regulations

For data retentive components supplied by HPE to Customers as loaned, rented, or leased products, Customers will promptly return the replacement components at the expiration or termination of support with HPE. The Customer will be solely responsible for removing all sensitive data before returning any such loaned, rented, or leased components or products to HPE, and HPE shall not be responsible for maintaining the confidentiality or privacy of any sensitive data that remains on such components.

For selected HPE products, HPE, at its sole discretion, may offer Hardware Exchange Service levels that Customers can select in order to substitute hardware on-site support.

The Hardware Exchange Service provides a replacement product or part delivered free of freight charges to Customer’s location within a specified period of time. Replacement products or parts are new or functionally equivalent to new in performance.

HPE will provide HPE supported replacement parts and materials necessary to maintain the covered hardware product in operating condition, including parts and materials for available and recommended engineering improvements.

HPE will confirm that the ordered part will be shipped in advance of the defective part receipt, within the Hardware Exchange Service level. The Customer must ship the defective product or parts to HPE within five (5) business days of receipt of the replacement product or part and must obtain a prepaid insurance receipt, which should be retained by the Customer as proof of shipment to HPE.

The replaced product becomes the property of HPE upon deinstallation. Customers who wish to retain, degauss, or otherwise physically destroy replaced parts will be billed and required to pay for the replacement units.

If the defective product or part is not received by HPE within 10 business days of the Customer’s receipt of the replacement product, the Customer will be charged the replacement product’s list price.

Consumable items including, but not limited to, removable media, Customer-replaceable batteries, maintenance kits, and other supplies, as well as user maintenance, are not covered by this service:

• For replacement parts and components that are discontinued, an upgrade path may be required. Upgrades for discontinued parts or components may in some cases result in additional charges to the Customer. HPE will work with the Customer to recommend a replacement.

HPE reserves the right to charge, on a time-and-materials basis, for any additional work over and above the service package pricing that may result from work required to address service prerequisites or other requirements that are not met by the Customer. Additionally, requests to schedule on-site support will incur additional costs and are subject to HPE availability.

Hardware Exchange Service is an optional HPE Tech Care Service with two service level options that include both hardware and software coverage. This service option is not available for all products or locations. For more details, contact your local HPE sales representative.

Table 7. Exchange service level options

All hardware on-site presence and Hardware Exchange Service response times apply only to sites located within 100 miles (160 km) of an HPE designated support hub. Travel to sites located within 200 miles (320 km) of an HPE designated support hub is provided at no additional charge. If the site is located more than 200 miles (320 km) from the HPE designated support hub, there will be an additional travel charge.

Travel zones and charges, if applicable, may vary in some geographic locations. Courier travel zones (Hardware Exchange Service) and charges, if applicable, may vary in some geographic locations.

Response times to sites located more than 100 miles (160 km) from an HPE designated support hub will have modified response times for extended travel, as shown in Table 8.

Table 8. Travel zones (excluding Critical service level)

For hardware products covered by an HPE service agreement, unless otherwise stated by HPE, the service on the main product covers HPE hardware options, purchased from HPE or authorized HPE resellers, internal to the product as well as HPE supported and supplied tower UPS products. Included items will be covered at the same service level as the main product. Hazardous materials and batteries are covered separately under their own warranty terms and conditions, limited to the term of the applicable warranty period. For more information on which components require separate coverage, contact your HPE sales office or HPE sales representative for detailed information.

Supplies and consumable parts including, but not limited to removable media, maintenance kits, and other supplies, as well as user maintenance are not supported and will not be provided as part of this service; standard warranty terms and conditions apply to supplies and consumable parts. The repair or replacement of any supplies or consumables is the responsibility of the Customer. Some exceptions may apply; contact HPE for more information. If a consumable part is eligible for coverage, as determined by HPE, call-to-repair time commitments and on-site response times do not apply to repair or replacement of the covered consumable part.

Notwithstanding anything to the contrary in this document or HPE current standard sales terms, HPE, for select enterprise storage arrays and enterprise tape products, covers and replaces defective or depleted batteries that are critical to the proper operation of the covered product.

Maximum supported lifetime/maximum usage: Parts and components that have reached their maximum supported lifetime and/or the maximum usage limit as set forth in the manufacturer’s operating manual, product QuickSpecs, or the technical product data sheet will not be provided, repaired, or replaced as part of this service.

HPE acknowledges a support incident by logging a support case, communicating the case ID to the Customer, and confirming the Customer’s incident severity and time requirements for commencement of remedial action.

Hardware support on-site response time and call-to-repair time commitment, as well as remote response time, differ depending on incident severity and travel zones (see Tables 8 and 9 for more details). In line with the definitions outlined in the following, the Customer determines the incident severity level at the time of case creation, and it may be reviewed by agreement between HPE and the Customer.

Incident severity levels are defined as follows:

• Severity 1—Critical business impact; for example, production environment down; production system or production application down/critically impacted; data corruption/loss or risk; business severely affected; safety and security issues
• Severity 2—Limited business impact or business risk; for example, production environment available but some functions limited or degraded; severely restricted use; critical nonproduction environment or system issue
• Severity 3—No business impact; for example, nonproduction system (such as test system) or noncritical issue; work-around in place, installations, questions, or requests for information or guidance

HPE has established formal escalation procedures to facilitate the resolution of complex incidents. As determined by HPE, HPE management coordinates incident escalation, enlisting the skills of appropriate HPE resources to assist you with problem solving. For selected third-party software products for which HPE is providing software support and update services, HPE follows the agreed-upon escalation processes established between HPE and the third-party vendor to assist with case resolution.

The Customer acknowledges and agrees that HPE may use resources outside the country of purchase for delivery of these services unless otherwise specified as part of a service feature description. HPE may utilize authorized service delivery partners in certain countries where HPE does not have a direct, local presence. Any specified on-site response times, parts availability, or provision of CSR parts is subject to local capability and parts availability at the country level.

Some offerings, features, and coverage (and related products) may not be available in all countries or areas. In addition, delivery of support outside of the applicable HPE coverage areas may be subject to travel charges, longer response times, reduced restoration or repair commitments, and reduced coverage hours.

At the discretion of HPE, service will be provided using a combination of remote diagnosis and support, services delivered on-site, and other service delivery methods. Other service delivery methods may include the delivery through courier of Customer-replaceable parts such as certain hard disk drives and other parts classified by HPE as CSR parts, or an entire replacement product. HPE determines the appropriate delivery method required to provide effective and timely Customer support and meet the call-to-repair time commitment, if applicable.

HPE may require Customers to use certain proprietary hardware and/or software systems and network diagnostic and maintenance programs, as well as certain diagnostic tools that may be included as part of their system. Proprietary service tools are and remain the sole and exclusive property of HPE and are provided as is. Proprietary service tools may reside on the systems or sites.

Customers may only use it during the applicable support coverage period and only as allowed by HPE, and Customers may not sell, transfer, assign, pledge, or in any way encumber or convey the proprietary service tools. Upon termination of support, Customers will return the proprietary service tools or allow HPE to remove these proprietary service tools. Some service features may also require Customers to:

• Allow HPE to keep the proprietary service tools resident on Customers’ systems or sites, and assist HPE in running them
• Install proprietary service tools, including installation of any required updates and patches
• Use the electronic data transfer capability to inform HPE of events identified by the software
• If required, purchase HPE specified remote connection hardware for systems with remote diagnosis service
• Provide remote connectivity through an approved communications line

Customers may not modify, reverse engineer, disassemble, decrypt, decompile, or make derivative works of the proprietary service tools. If Customers have a mandatory right to do so under statute, they must inform HPE in writing prior to making such modifications. Customers must have rightfully acquired the license for any underlying firmware that will be covered under these services.

HPE’s ability to deliver this service is dependent upon the Customer’s full and timely cooperation with HPE, as well as the accuracy and completeness of any information and data the Customer provides to HPE. If Customers do not act upon the specified Customer responsibilities, at HPE’s discretion, HPE or the HPE authorized service provider will i) not be obligated to deliver the services as described or ii) perform such service at their expense at the prevailing time and material rates.

HPE reserves the right to audit Customer’s installed base to verify compliance with these terms. Upon reasonable notice, HPE may conduct an audit during normal business hours (with auditor’s costs being at HPE’s expense). If a software license audit reveals underpayments, then Customers will pay to HPE such underpayments. If underpayments discovered exceed 5% of the contract price, Customers will reimburse HPE for the auditor costs.

Hardware products must be in good operating condition, as reasonably determined by HPE, to be eligible for placement under support. Customers must also maintain eligible HPE products at the latest HPE specified configuration and revision levels.

If required by HPE, the Customer or HPE authorized representative must activate the hardware product to be supported within 10 days of purchase of this service, using the registration instructions within the documentation provided by HPE, or as otherwise directed by HPE.

If a covered product changes location, activation and registration (or proper adjustment to existing HPE registration) are to occur within 10 days of the change.

Customers will ensure that an authorized representative is present when HPE provides support at their site. The Customer must ensure the covered product(s) are fully and freely accessible to the HPE authorized representative without any hindrance whatsoever prior to the delivery of the service. In order for the HPE authorized representative to perform the services, the Customer must remove any products that are physically blocked from access and ensure that any supported products are directly accessible without the need for additional tools or equipment. Additionally, the products must not pose a risk to the representative’s health or safety.

Customers will provide HPE access to the products covered under support and if applicable, adequate working space and facilities within a reasonable distance of the products; access to and use of information, Customer resources, and facilities as reasonably determined necessary by HPE to service the products; and other access requirements described in the relevant data sheet. If Customers fail to provide such access, resulting in HPE’s inability to provide support, the HPE authorized representative is under no obligation to provide support and HPE shall be entitled to charge Customer for the support call at HPE published service rates. Customers are responsible for removing any products ineligible for support, as advised by HPE, to allow HPE to perform support. If delivery of support is made more difficult because of ineligible products, HPE will charge Customers for the extra work at HPE published service rates.

The Customer is responsible for installing, in a timely manner, critical Customer-installable firmware updates, as well as CSR parts and replacement products delivered to the Customer.

Upon HPE request, Customers will be required to support HPE remote resolution efforts. Customers will:

• Start self-tests and install and run other diagnostic tools and programs
• Install Customer-installable software and firmware updates and patches
• Run data collection scripts on behalf of HPE when they cannot be initiated from HPE Proprietary Service Tools
• Provide all information necessary for HPE to deliver timely and professional remote and on-site support and to enable HPE to determine the level of support eligibility
• Perform other reasonable activities to help HPE identify or resolve issues, as requested by HPE

Customers will connect hardware products covered under support with cables and connectors (including fiber optics, if applicable) that are compatible with the system according to the manufacturer’s operating manual.

The following terms apply only if Customer has an HPE owned and provided Smart Spares Box installed at the Customer’s site. The Smart Spares Box is configured to store a remotely manageable inventory of product spare parts (Smart Spares Box Content) in connection with the qualifying support services described in this data sheet.

Customer responsibilities

1. Allow HPE to deliver and timely install (including securing permission for placement and installation at Customer sites leased from or owned by a third party) the Smart Spares Box on Customer’s premises at a location mutually determined by the parties for purpose described previously
2. Allow HPE to have timely unrestricted access to the Smart Spares Box to drop-off and pick up Smart Spares Box Content, inspect, maintain, repair, and deinstall or replace the Smart Spares Box as requested by HPE
3. Refrain from transferring the care or custody or removing the Smart Spares Box
4. Notify HPE as soon as reasonably possible of any unauthorized use or damage to or malfunction of the Smart Spares Box, as soon as reasonably possible following discovery by Customer
5. Take reasonable care (including taking reasonable measures to prevent loss or damage) of the Smart Spares Box and Smart Spare Box Content while installed at Customer’s site
6. Upon termination or expiration of support coverage with HPE, or at HPE’s sole discretion, allow HPE to remove the Smart Spares Box and Smart Spares Box Content. Customer can request removal of the Smart Spares Box by providing HPE with 60 days advance notice

Additional limitations

The Smart Spares Box is considered a proprietary service tool as defined in HPE support terms, including any supporting material. The Customer expressly acknowledges that neither this provision nor the provisioning of the Smart Spares Box constitutes a sale or rental of the Smart Spares Box or the Smart Spares Box Content. The Smart Spares Box is provided as is, without express or implied warranty of any kind, and to the extent permitted by law, HPE disclaims all warranties.

HPE may update or alter service features and functionality of this service. Customers who register online for this service will receive notifications about updates and changes through the online Customer support portal or the HPE Tech Care Service web page.