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Technologies
<br />ASSURED AVAILABILITY PROGRAM GUARANTEE ADDENDUM
<br />All definitions and terms contained in the Master Service Agreement, the Service Schedule and the Assured Availability Plus or Assured Availability Service
<br />Addendum apply to this Addendum. In the event of inconsistencies or ambiguities, the following order of precedence shall apply: (a) fast, this Assured Availability
<br />Program Guarantee Addendum (the "Guarantee ") shall govern and control; (b) next the Assured Availability Plus or Assured Availability Service Addendum; (c) the
<br />Service Schedule; and (d) the Master Service Agreement.
<br />Eligibility: Coverage under this Guarantee is available only for Systems, for which Service coverage has been purchased under either the Assured Availability Plus or
<br />Assured Availability Service Addenda, and only if coverage under this Guarantee was subscribed contemporaneously with and at the time of initial purchase of the
<br />Covered System.
<br />Service Charge Credit: If the System described in the Service Schedule fails as defined below ( "System Failure "), Customer will be entitled to a credit
<br />against future Service payments in a prorated amount equivalent to one month's Service charge for the System that experienced the System Failure.
<br />General Conditions and Qualification applicable to this Addendum:
<br />For purposes of this addendum and subject to the following qualifications, a System Failure occurs when a Covered System that was previously functioning
<br />properly becomes unavailable, rending Customers users unable to use it, provided that:
<br />(1) The System Failure must occur during, and as a result of, Customer's use of the Covered Systems exclusively for production purposes as opposed
<br />to development purposes.
<br />(2) Coverage under this addendum for Systems running the Microsoft Windows Server Operating System that are covered under the Assured
<br />Availability Plus Service Level applies only to the extent that a System Failure occurs as the result of the Stratus Hardware, the Stratus ftServer
<br />System Software, or the Stratus supported version(s) of the Microsoft Windows Server Operating System kernel.
<br />(3) Coverage under this addendum for Systems running the Microsoft Windows Server Operating System that are covered under the Assured
<br />Availability Service Level applies only to the extent that a System Failure occurs as the result of the Stratus Hardware or the Stratus ftServer
<br />System Software, but excludes System Failures that result from any other cause, including without limitation the Microsoft Windows Server
<br />Operating System kernel or any other Stratus - Supported Software.
<br />(4) Coverage under this addendum for systems covered under an Assured Availability Service Level for VOS or HP -UX applies only to the extent
<br />that a System Failure occurs as the result of Stratus Hardware, Stratus System Software, or the Stratus supported version(s) of the VOS or HP -UX
<br />Operating System.
<br />(5) Coverage under this addendum for systems running the Red Hat Linux Operating System that are covered under an Assured Availability Plus
<br />Service Level applies only to the extent that a System Failure occurs as the result of Stratus Hardware, Stratus System Software, and the Stratus
<br />supported version(s) and components of the Red Hat Linux Operating System as defined in the Assured Availability Plus Service Level
<br />Addendum.
<br />(6) Coverage under this addendum for systems running the Red Hat Linux Operating System that are covered under an Assured Availability Service
<br />Level applies only to the extent that a System Failure occurs as the result of Stratus Hardware, or Stratus System Software, but excludes System
<br />Failures that result from any other cause, including without limitation, the Red Hat Linux Operating System or any other Stratus- Supported
<br />Software.
<br />(7) The Covered Systems must have been running in the fully redundant mode of operation immediately prior to System Failure. Any system
<br />running a redundant component in simplex mode is ineligible for coverage under this Option, unless and until the component is restored to the
<br />fully redundant mode.
<br />(8) Coverage is limited to the single System, which experienced the System Failure.
<br />(9) Coverage does not apply to problems that occur on more than one occasion or that affect more than one System.
<br />(10) Coverage does not apply where a System Failure results in connection with (a) any planned event, whether initiated by either Stratus or you, such
<br />as a reboot, FCO installation, a software upgrade, hardware component installation or de- installation, or a firmware or similar system
<br />configuration changes; (b) any planned or unplanned event initiated by you outside the scope of your normal operation or use of the Covered
<br />System; (c) known defects or bugs: (d) outages due to security or network problems; or (e) the occurrence of one or more of the following: fire,
<br />natural disaster, neglect, misuse, abuse and war or other events or causes of force majeure, as well as unauthorized modifications, use of non-
<br />Stratus supplied equipment or software and damage resulting from environmental considerations such as electrical power, heat, cold, or humidity
<br />outside the published product specifications.
<br />Stratus' Responsibilities:
<br />(1) Stratus will provide you with notification, in writing or over the Stratus Active Service Network (ASN) or Stratus Remote Service Network
<br />(RSN), of any known condition that could cause an availability problem.
<br />(2) When appropriate, the Stratus Service Manager will schedule a meeting to discuss qualification and eligibility of a service credit.
<br />Customer's Responsibilities:
<br />(1) Operate the System in fully redundant mode.
<br />(2) Determine if there was an availability problem during any calendar month, prior to requesting a service credit.
<br />(3) Fully implement (within fourteen (14) days of your receipt of written notification from Stratus), any requested procedures (including without
<br />limitation, installation of software bug fixes) intended to avoid any known condition that could degrade system availability.
<br />(4) Notify Stratus in writing, of any request for service credit. You will have waived your right to any credit under this Addendum if you fail to
<br />notify Stratus of a System Failure within thirty (30) days of the System Failure.
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