IBM End User License Agreement (EULA)
These terms of business (the “Agreement”) were last updated on 1st July 2019.
This End-User License Agreement (EULA) describes the terms between Assimil8 Limited and the End-User applicable on the Programs for which Assimil8 Limited provides Program Services to the End-User.
This License and Program Services Agreement is issued under the terms and conditions set out in Part 1 and Part 2 of this agreement. The licensing structure for Licensee is detailed in the table below; the exact legal descriptions for IBM Cognos Business Intelligence licenses applicable for IBM Cognos are available from the IBM website.
IBM Cognos Business Intelligence components; named User licenses and pricing as determined in accordance with the current IBM parts and prices catalogue.
IBM Cognos Software license including 12 months Support and Subscription from the software effective date of this agreement on the Order Form.
Part 1 – General Terms
By downloading, installing, copying, accessing, clicking on an ″accept″ button, or otherwise using the program, licensee agrees to the terms of this agreement. If you are accepting these terms on behalf of licensee, you represent and warrant that you have full authority to bind licensee to these terms. If you do not agree to these terms;
• do not download, install, copy, access, click on a ″accept″ Button, or use the program;
• promptly return the unused media, documentation, and proof of entitlement to Assimil8 limited
If the program was downloaded,
- destroy all copies of the program.
IT IS AGREED AS FOLLOWS:
1. Definitions and Interpretation
1.1 In this Agreement, unless the context requires otherwise, the following words and expressions shall have the following meanings
″Authorized Use″ – the specified level at which Licensee is authorized to execute or run
the Program. That level may be measured by number of users, millions of service units
(″MSUs″), Processor Value Units (″PVUs″), or other level of use specified by IBM.
″IBM″ – International Business Machines Corporation or one of its subsidiaries.
″License Information″ (″LI″) – a document that provides information and any additional
terms specific to a Program. The Program’s LI is available at http://www.ibm.com/ software/sla. The LI can also be found in the Program’s directory, by the use of a system command, or as a booklet which accompanies the Program.
″Program″ – the following, including the original and all whole or partial copies:
1) machine-readable instructions and data,
2) components, files and modules
3) audio-visual content (such as images, text, recordings, or pictures),
4) related licensed materials (such as keys and documentation).
″Proof of Entitlement″ (″PoE″) – evidence of Licensee’s Authorized Use. The PoE is also evidence of Licensee’s eligibility for warranty, future update prices, if any, and potential special or promotional opportunities. Issued upon successful registration of a completed order.
″Warranty Period″ – one year, starting on the date the original Licensee is granted the
“PVU”– Processor Value Unit (PVU) is the unit of measure by which this Program is licensed. A Processor Value Unit (PVU) is a unit of measure used to differentiate licensing of software on distributed processor technologies (defined by Processor Vendor, Brand, Type and Model Number). IBM continues to define a processor, for purposes of PVU-based licensing, to be each processor core on a chip (socket). Each software Program has a unique price per PVU. Each integrated Facility for linux (IFL) or central Processor (CP) engine is equivalent to 1 core.
This Agreement includes the License Information and the Proof of Entitlement and is the complete agreement between Licensee and Assimil8 Limited regarding the use of the program. It replaces any prior oral or written communications between Licensee and Assimil8 Limited concerning Licensee’s use of the program. This Agreement, or parts there-of are subject to change from time to time as IBM requires Assimil8 Limited to be compliant with all terms set forth by IBM regarding the Programs and the Business Partner relationship between IBM and Assimil8 Limited.
All terms in this Agreement that supersede the terms of the LI or the IBM International Program License Agreement (“IPLA”) are not valid. If this is the case, non-superseding terms shall remain valid.
2. License Grant
The Program is owned by IBM or an IBM supplier, and is copyrighted and licensed, not sold.
Licensee receives a license to the Programs from Assimil8 Limited through a sublicensing agreement between IBM and Assimil8 Limited. Assimil8 Limited grants Licensee a nonexclusive license to
1) use the Program up to the Authorized Use specified in the PoE
2) make and install copies to support such Authorized Use, and
3) make a backup copy, all provided that
a. Licensee has lawfully obtained the Program and complies with the terms of this Agreement;
b. the backup copy does not execute unless the backed-up Program cannot execute;
c. Licensee reproduces all copyright notices and other legends of ownership on each copy, or partial copy, of the Program;
d. Licensee ensures that anyone who uses the Program (accessed either locally or remotely)
1) does so only on Licensee’s behalf and
2) complies with the terms of this Agreement;
e. Licensee does not
1) use, copy, modify, or distribute the Program except as expressly permitted in this agreement;
2) reverse assemble, reverse compile, otherwise translate, or reverse engineer the program, except as expressly permitted by law without the possibility of contractual waiver;
3) use any of the Program’s components, files, modules, audio-visual content, or related licensed materials separately from that program; or
4) sublicense, rent, or lease the Program; and
f. if Licensee obtains this Program as a Supporting Program, Licensee uses this Program only to support the Principal Program and subject to any limitations in the license to the Principal Program, or, if Licensee obtains this Program as a Principal Program, Licensee uses all Supporting Programs only to support this Program, and subject to any limitations in this Agreement. For purposes of this Item ″f,″ a ″Supporting Program″ is a Program that is part of another IBM Program (″Principal Program″) and identified as a Supporting Program in the Principal Program’s LI. (To obtain a separate license to a Supporting Program without these restrictions, Licensee should contact Assimil8 Limited.)
This license applies to each copy of the Program that Licensee makes.
2.1 Trade-ups, Updates, Fixes and Patches
If the Program is replaced by a trade-up Program, the replaced Program’s license is promptly terminated.
2.1.2 Updates, Fixes, and Patches
When Licensee receives an update, fix, or patch to a Program, Licensee accepts any additional or different terms that are applicable to such update, fix, or patch that are specified in its LI. If no additional or different terms are provided, then the update, fix, or
patch is subject solely to this Agreement. If the Program is replaced by an update, Licensee
agrees to promptly discontinue use of the replaced Program.
2.2 Fixed Term Licenses
If Assimil8 Limited licenses the Program for a fixed term, Licensee’s license is terminated at the end of the fixed term, unless Licensee and Assimil8 Limited agree to renew it.
This Agreement is effective until terminated. Licensee has the right to terminate Licensee’s contractual commitments with Assimil8 Limited as specified in this Agreement. A 3-month notice in writing is required. There are no refunds for any charges paid for Subscription & Support for the unused period of the Subscription & Support of the Programs. Upon terminating the contractual commitments under this Agreement, Licensee must transfer its contractual commitments, which shall at the minimum be compliant with the IBM International Program License Agreement (“IPLA”), and the PoE to IBM or another Support Providing Business Partner.Licensee may continue to exercise such licenses in use of the Program (or Program Services there for) upon the date contractual commitments are established directly between Licensee and IBM or a Support Providing Business Partner.
Assimil8 Limited may terminate Licensee’s license if Licensee fails to comply or if IBM informs Assimil8 Limited that it has reasonable cause to believe that Licensee is not complying with the terms of this Agreement.
If the license is terminated for any reason by either party, Licensee agrees to promptly discontinue use of and destroy all of Licensee’s copies of the Program. Any terms of this Agreement that by their nature extend beyond the termination of this Agreement remain in
effect until fulfilled, and apply to both parties’ respective successors and assignees. Assimil8 Limited may be obligated to terminate Licensee’s license if Assimil8 Limited’ right to sublicense the Programs is revoked by IBM. In such event, Licensee must transfer its contractual commitments, which shall at the minimum be compliant with the IBM International Program License Agreement (“IPLA”), and the PoE to IBM or another Support Providing Business Partner. You may continue to exercise such licenses in use of the Program upon the date contractual commitments are established directly between You and IBM or a Support Providing Business Partner.
Charges are based on Authorized Use obtained, which is specified in the PoE. Assimil8 Limited does not give credits or refunds for charges already due or paid. If Licensee wishes to increase its Authorized Use, Licensee must notify Assimil8 Limited in advance and pay any applicable charges.
If any authority imposes on the Program or the Subscription & Support a duty, tax, levy, or
fee, excluding those based on Assimil8 Limited’ net income, then Licensee agrees to pay that amount, as specified in an invoice, or supply exemption documentation. Licensee is responsible for any personal property taxes for the Program from the date that Licensee obtains it. If any authority imposes a customs duty, tax, levy, or fee for the import into or the export, transfer, access, or use of the Program outside the country in which the original Licensee was granted the license, then Licensee agrees that it is responsible for, and will pay, any amount imposed.
5. Money-back Guarantee
If for any reason Licensee is dissatisfied with the Program for any reason and is the original Licensee, Licensee may terminate the license but will not obtain a refund of the amount Licensee paid for the Program, even if within 30 days of Licensee’s invoice date Licensee returns the Program and its PoE to Assimil8 Limited.
6. Transfer Program
Licensee may only transfer the Program and all of Licensee’s license rights and obligations within Licensee’s Enterprise and only if the Enterprise Subsidiary agrees to the terms of this Agreement. If the license is terminated for any reason by either party, Licensee is prohibited from transferring the Program within the Licensee’s Enterprise. Licensee may not transfer a portion of 1) the Program or 2) the Program’s Authorized Use. When Licensee transfers the Program, Licensee must also transfer a hard copy of this Agreement, including the LI and PoE. Immediately after the transfer, Licensee’s license terminates. Licensee may not transfer a Program and all of Licensee’s license rights and obligations outside of the Enterprise. Any attempt to do so without consent will be void.
7. Warranty and Exclusions
In the European Union (″EU″), consumers have legal rights under applicable national legislation governing the sale of consumer goods. Such rights are not affected by the provisions set out in this Section 7 Warranty and Exclusions. The territorial scope of the Limited Warranty is worldwide.
7.1 Limited Warranty
IBM warrants that the Program, when used in its specified operating environment, will conform to its specifications. The Program’s specifications and specified operating environment information, can be found in documentation accompanying the Program (such as a read-me file) or other information published by IBM (such as an announcement letter). Licensee agrees that such documentation and other Program content may be supplied only in the English language, unless otherwise required by local law without the possibility of contractual waiver or limitation. The warranty applies only to the unmodified portion of the Program. IBM does not warrant uninterrupted or error-free operation of the Program, or that IBM will correct all Program defects. Licensee is responsible for the results obtained from the use of the Program. During the Warranty Period, Assimil8 Limited provides Licensee with information on known Program defects, defect corrections, restrictions, and bypasses at no additional charge.
These warranties are licensee’s exclusive warranties and replace all other warranties or conditions, express or implied, including, but not limited to, any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, and any warranty or condition of non-infringement. Some jurisdictions do not allow the exclusion of express or implied warranties, so the above exclusion may not apply to a licensee. In that event, such warranties are limited in duration to the warranty period. No warranties apply after that period. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to the licensee. These warranties give licensee specific legal rights. Licensee may also have other rights that vary from jurisdiction to jurisdiction.The warranties in this section 7 (warranty and exclusions) are provided solely by IBM. The disclaimers in this subsection 7.2 (exclusions), however, also apply to IBM’s suppliers of third-party code. Those suppliers provide such code without warranties or condition of any kind. This paragraph does not nullify IBM’s warranty obligations under this agreement.
8. Licensee Data and Databases
To assist Licensee in isolating the cause of a problem with the Program, Assimil8 Limited and/or IBM may request that Licensee
1) allow Assimil8 Limited and/or IBM to remotely access Licensee’s system or
2) send Licensee information or system data to Assimil8 Limited and/or IBM. However, Assimil8 Limited and/or IBM are not obligated to provide such assistance, which is beyond Assimil8 Limited warranty obligations in this Agreement. In any event, Assimil8 Limited and IBM use information about errors and problems to improve its products and services, and assist with its provision of related support offerings. For these purposes, Assimil8 Limited and/or IBM may use entities and subcontractors (including in one or more countries other than the one in which Licensee is located), and Licensee authorizes Assimil8 Limited and IBM to do so.
Licensee remains responsible for
1) any data and the content of any database Licensee makes available to Assimil8 Limited and/or IBM
2) the selection and implementation of procedures and controls regarding access, security, encryption, use, and transmission of data (including any personally-identifiable data), and
3) backup and recovery of any database and any stored data. Licensee will not send or provide Assimil8 Limited and IBM access to any personally identifiable information, whether in data or any other form, and will be responsible for reasonable costs and other amounts that Assimil8 Limited and/or IBM may incur relating to any such information mistakenly provided to Assimil8 Limited and/or IBM or the loss or disclosure of such information by Assimil8 Limited and/or IBM, including those arising out of any third party claims.
9. Third-party beneficiary
IBM is a third-party beneficiary to the terms specified in this Agreement and requires Assimil8 Limited to include the LI in this Agreement. You specifically acknowledge and agree that IBM is entitled to enforce the provisions of this Agreement for Programs which Assimil8 Limited sublicenses to Licensee. Licensee acknowledges that Assimil8 Limited is entitled to provide Licensee’s business contact information to IBM.
10. Limitation of Liability
The limitations and exclusions in this Section 10 (Limitation of Liability) apply to the full extent they are not prohibited by applicable law without the possibility of contractual waiver.
10.1 Items for which Assimil8 Limited May be liable
Assimil8 Limited’ entire liability for all claims in the aggregate for any damages and losses that may arise as a consequence of the fulfillment of its obligations under or in connection with this agreement or due to any other cause related to this Agreement is limited to the compensation of only those damages and losses proved and actually arising as an immediate and direct consequence of the non-fulfillment of such obligations (if Assimil8 Limited is at fault) or of such cause, for a maximum amount 1) equal to the Reseller Fees obtained byAssimil8 Limited on charges (if the Program is subject to fixed term charges, up to twelve months ‘charges) Licensee paid for the Program that has caused the damages and 2) limited to any amount higher then what is recoverable from IBM. The above limitation will not apply to damages for bodily injury (including death) and damage to real property and tangible personal property for which Assimil8 Limited is legally liable.
10.2 Items for which Assimil8 Limited is not liable
Under no circumstances is Assimil8 Limited or any of its consultants or suppliers liable for any of the following, even if informed of their Possibility:
A. Loss of, or damage to, data;
B. Special, incidental, exemplary, or indirect damages, or for any Economic consequential damages; and/or
C. Lost profits, business, revenue, goodwill, or anticipated savings, even if they arise as an immediate consequence of the event that generated the damages.
Assimil8 Limited is not in any case liable for defects resulting from changes made by the licensee to the Software. You undertake to use all licenses in accordance with the licensing conditions and indemnify Assimil8 Limited against all claims from third parties should this not be the case. This limit also applies not only to the activities performed by Assimil8 Limited but also the activities performed by its suppliers and consultants. It is the maximum or which Assimil8 Limited, as well as its suppliers and consultants, are collectively responsible.
11. Compliance Verification
For purposes of this Section 11 (Compliance Verification), ″EULA Program Terms″ means
1) this Agreement and applicable amendments and transaction documents provided by Assimil8 Limited, and
2) IBM software policies that may be found at the IBM Software Policy website (www.ibm.com/softwarepolicies/), including but not limited to those policies concerning backup, sub-capacity pricing, and migration. The rights and obligations set forth in this Section 11 remain in effect during the period the Program is licensed to Licensee, and for two years thereafter.
11.1 Verification Process
Licensee agrees to create, retain, and provide to Assimil8 Limited and/or IBM and its auditors accurate written records, system tool outputs, and other system information sufficient to provide auditable verification that Licensee’s use of all Programs is in compliance with the EULA Program Terms, including, without limitation, all of IBM’s applicable licensing terms. Licensee is responsible for
1) ensuring that it does not exceed its Authorized Use, and
2) remaining in compliance with EULA Program Terms.
Upon reasonable notice,
1) Assimil8 Limited may verify Licensee’s compliance with EULA Program Terms at all sites and for all environments in which Licensee uses (for any purpose) Programs subject to EULA Program Terms,
2) IBM has the right to participate in the audit,
3) IBM may independently conduct such an audit; 4) any such audit may be conducted upon IBM’s request to Assimil8 Limited. Such verification will be conducted in a manner that minimizes disruption to Licensee’s business, and may be conducted on Licensee’s premises, during normal business hours. IBM and Assimil8 Limited may use an independent auditor to assist with such verification, provided
Assimil8 Limited and IBM have a written confidentiality agreement in place with such auditor.
Assimil8 Limited will notify Licensee in writing if any such verification indicates that Licensee has used any Program in excess of its Authorized Use or is otherwise not in compliance with the EULA Program Terms. Licensee agrees to promptly pay directly to Assimil8 Limited the charges that Assimil8 Limited specifies in an invoice for
1) any such excess use,
2) support for such excess use for the lesser of the duration of such excess use or two years, and
3) any additional charges and other liabilities determined as a result of such verification.
12. Third Party Notices
The Program may include third party code that Assimil8 Limited, not the third party, licenses to Licensee under this Agreement. Notices, if any, for the third party code (″Third Party Notices″) are included for Licensee’s information only. These notices can be found in the Program’s NOTICES file(s). Information on how to obtain source code for certain third party code can be found in the Third Party Notices. If in the Third Party Notices IBM identifies third party code as ″Modifiable Third Party Code,″ Assimil8 Limited authorizes Licensee to
1) modify the Modifiable Third Party Code and
2) reverse engineer the Program modules that directly interface with the Modifiable Third Party Code provided that it is only for the purpose of debugging Licensee’s modifications to such third party code. Assimil8 Limited’ service and support obligations, if any, apply only to the unmodified Program.
a. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
b. For Programs Assimil8 Limited provides to Licensee in tangible form, Assimil8 Limited fulfills its shipping and delivery obligations upon the delivery of such Programs to the Assimil8 Limited-designated carrier, unless otherwise agreed to in writing by Licensee and Assimil8 Limited.
c. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect.
d. Licensee agrees to comply with all applicable export and import laws and regulations, including U.S. embargo and sanctions regulations and prohibitions on export for certain end uses or to certain users.
e. Each party will allow the other reasonable opportunity to comply before it claims that the other has not met its obligations under this Agreement. The parties will attempt in good faith to resolve all disputes, disagreements, or claims between the parties relating to this Agreement.
f. Unless otherwise required by applicable law without the possibility of contractual waiver or limitation:
- neither party will bring a legal action, regardless of form, for any claim
arising out of or related to this Agreement more than two years after the cause of action arose; and
- upon the expiration of such time limit, any such claim and all respective rights related to the claim lapse.
g. Neither Licensee nor Assimil8 Limited is responsible for failure to fulfill any obligations due to causes beyond its control.
h. No right or cause of action for any third party is created by this Agreement, nor is
Assimil8 Limited responsible for any third party claims against Licensee, except as permitted in Subsection 10.1 (Items for which Assimil8 Limited may be Liable) above for bodily injury (including death) or damage to real or tangible personal property for which Assimil8 Limited is legally liable to that third party.
i. In entering into this Agreement, neither party is relying on any representation not
specified in this Agreement, including but not limited to any representation concerning:
- the performance or function of the Program, other than as expressly warranted in Section 7 (Warranty and Exclusions) above;
- the experiences or recommendations of other parties; or
- any results or savings that Licensee may achieve.
j. Assimil8 Limited, as IBM Business Partner, remains independent and separate from IBM. Assimil8 Limited is not responsible for the actions or statements of IBM or obligations IBM has to Licensee.
k. The license and intellectual property indemnification terms of Licensee’s other agreements with Assimil8 Limited (such as a Framework Agreement) do not apply to Program licenses granted under this Agreement.
l. The LI are subject to change as determined by IBM. Licensee agrees to monitor the IBM Internet website for changes and implement appropriate changes in Licensee’s use of the Programs.
m. Licensee authorizes Assimil8 Limited and IBM
- to process and use Business Contact Information within Assimil8 Limited and IBM in support of Licensee including the provision of support services, and for the purpose of furthering the business relationship between Licensee and Assimil8 Limited and/or IBM, including, without limitation, contacting Business Contact Personnel (by email or otherwise) and marketing Assimil8 Limited and IBM products and services (the ″Specified Purpose″); and
- to disclose Business Contact Information to other members of Assimil8 Limited and IBM in pursuit of the Specified Purpose only. Assimil8 Limited and IBM agree that all Business Contact Information will be processed in accordance with the Data Protection & Electronic Communications Legislation and will be used only for the Specified Purpose. To the extent required by the Data Protection & Electronic Communications Legislation, Licensee represents that (a) it has obtained (or will obtain) any consents from (and has issued (or will issue) any notices to) the Business Contact Personnel as are necessary in order to enable Assimil8 Limited and IBM to process and use the Business Contact Information for the Specified Purpose.
Definitions – For the purposes of this Item 13.m above, the following additional definitions
Business Contact Information – business-related contact information disclosed by Licensee to Assimil8 Limited, including names, job titles, business addresses, telephone numbers and email addresses of Licensee’s employees and contractors. For Austria, Italy and Switzerland, Business Contact Information also includes information about Customer and its contractors as legal entities (for example, Customer’s revenue data and other transactional information)
Business Contact Personnel – Licensee employees and contractors to whom the Business
Contact Information relates.
Data Protection Authority – the authority established by the Data Protection and Electronic Communications Legislation in the applicable country or, for non-EU countries, the authority responsible for supervising the protection of personal data in that country, or(for any of the foregoing) any duly appointed successor entity thereto.
Data Protection & Electronic Communications Legislation – (i) the applicable local legislation and regulations in force implementing the requirements of EU Directive 95/46/EC (on the protection of individuals with regard to the processing of personal data and on the free movement of such data) and of EU Directive 2002/58/EC (concerning the processing of personal data and the protection of privacy in the electronic communications sector); or (ii) for non-EU countries, the legislation and/or regulations passed in the applicable country relating to the protection of personal data and the regulation of electronic communications involving personal data, including (for any of the foregoing) any statutory replacement or modification thereof.
14. Governing Law, Jurisdiction, and Arbitration
14.1 Governing Law
Both parties agree to the application of the laws of England to govern, interpret, and enforce all of Licensee’s and Assimil8 Limited’ 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. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
All rights, duties, and obligations are subject to the courts of the country of England. All disputes arising out of this Agreement or related to its interpretation or its execution, the law, and the courts of England only are competent.
15. License Information
Part 2 – Program Services – End-User Support (EUSA)
″Program Services″ – Subscription and Support that Assimil8 Limited provides to Licensee.
“Subscription” – new-version releases or updates of a Program that IBM may make available and that Assimil8 Limited provides to Licensee.
“Support” – assistance for routine questions regarding a Program’s functioning (for example “how-to” questions regarding Program installations or “what-to-do” questions when errors appear).
“Maintenance Modification” – a revision that bypasses, restricts or corrects a defect in a Program.
“Effective Date” – Date at which the software is licensed and effective. Any renewal or entitlements will state the coverage date from and to the software subscription is covered by, normally 12 month anniversary from the Effective Date.
1. Initial Contract Period, Renewal and Reinstatements
For a Program Assimil8 Limited sublicenses to Licensee, Assimil8 Limited will provide Program Services to Licensee, as specified in section 8, “Assimil8 Limited’ Responsibilities” provided Program Services are in effect for the Program. Licensee is responsible for the results achieved from the use of the Program Services. When Licensee acquires Programs, an initial contract period for Program Services is included and is mentioned on the PoE related to Licensee’s Program acquisition.
Licensee may renew the Program Services for an additional consecutive period of minimum 12 months at the price established and specified to Licensee by Assimil8 Limited within 90 days of the twelve (12) month anniversary of the Effective Date or latest renewal coverage dates. Termination or transfer of Program Services must be issued to Assimil8 Limited 90 days prior to the twelve (12) month anniversary of the Effective Date or latest renewal coverage dates. If you have not continually renewed Program Services for the Program, you may acquire Program Services for a period of 12 months at the Program Services reinstatement price established and specified to Licensee by Assimil8 Limited at the time of the reinstatement. IBM can withdraw its own Program Services delivered to Assimil8 Limited and will inform Assimil8 Limited prior to withdrawing these Program Services. When IBM withdraws Program Services, Assimil8 Limited can no longer provide Subscription for the Programs from the sunset date onwards. Programs for which IBM no longer provides Program Services, may no longer be eligible for renewal or reinstatement.
2. What Program Services Includes
Program Services Help Desk Overview
The Assimil8 Help Desk is a technical support team that provides prompt, knowledgeable, courteous Solution and Application support services over the phone, in person, and via email to the Licensee community.
The Help Desk aims to resolve all application interactions on the call and solution support queries within the published service level agreement time-frames, depending on their complexity and severity code. If this is not possible, the inquiry is escalated and referred to alternate resources within Assimil8 to resolve the problem.
If the problem or request concerns an unsupported operating system, hardware, software or service, staff will do their best, given call volume, to suggest other avenues of support.
The purpose of the Program Services is to perform functions necessary to the licensee provide with (a) support related to the resolution of problems including remote and onsite support, (b) technical expertise with regard to the use of standard software and solutions in place. Please refer to the ‘Beyond the scope’ section at the end of this agreement.
3.1 Upgrades / Application Fix Packs & Patches
The responsibility for applying or conducting the Upgrade, Fix Pack or Patch is the Licensees. When a licensee decides to apply a fix, patch or is planning a minor or major upgrade to their Cognos Environment.
- Provide the Software Media
- Provide the documentation available for the Fix Pack, Patch or Upgrade
- Will share any knowledge available on the specific Fix Pack, Patch or Upgrade
- Provide reasonable advice and assistance in planning and preparing for the application of the Fix Pack, Patch or Upgrade
- Internally communicate any visibility or plans of Licensee Upgrades so that we are prepared to help, should support be needed.
- Assimil8 can upon request and at additional cost conduct the Upgrade, Fix Pack or patch to the Licensee’s environment.
4. At A Glance Definition
The Help Desk supports Windows and Linux operating systems using supported software.
ALL Help Desk cases raised SHOULD BE DOCUMENTED IN ENGLISH. Accompanying materials, screen captures or error messages should be translated where relevant to the case. The items covered below, in the ‘Supported Software’ section of this document include the software currently supported by Assimil8 Limited in this agreement and do not include new software that may be purchased in the future relating to the IBM Business Intelligence infrastructure, environment or solution. Any request received that relate to software that is not listed below will not be a priority for resolution.
Should the Licensee’s issue not be resolved, alternative avenues for support will be attained and managed by Assimil8 in the resolve of the problem.
5. No regional variety
Assimil8’s current Licensee base spans the globe, much like its Licensee operations, there could be different procedures for different countries or even procedures for certain sites, and this contract offers the same service to all Licensee’s specifically for Europe. In short, all procedures that you will find in the contract will not make any differentiation per European country; all procedures (e.g. case ownership, case closure procedure…) apply to each and every country in Europe that we support today.
6. Key Parties
Parties full details to be provided by clients on request. Please include the following information:
1. Primary Licensee Contact
Name / Role
2. Secondary Licensee Contact
Name / Role
Name / Role
7. Contact Information
The Assimil8 Help Desk may be contacted in the following order…
- Log support ticket via web helpdesk
- Sending email to Support@Assimil8.com
- Calling + 44 (0) 845 812 0138 for ‘Support’ select option 2
Contacting individual consultants is not encouraged, as we ask all consultants to switch mobile phones to ‘silent’ or to ‘off’ whilst on-site or at the office working on customer time and projects. We would kindly ask that this approach is respected.
8. Services covered by the SLA
Hours of Service availability
Service availability is expressed in terms of the days of the week and also hours within that day. Some exceptions exist and are listed below – such as public holidays. All times, unless explicitly expressed, are in GMT, adjusted for British Summer Time.
The Help Desk is professionally staffed from 09:00 AM to 17:30PM from Monday through Friday. All other hours, Help Desk is staffed but UK holiday service availability and weekends can be arranged at additional cost.
When a Help Desk Specialist is not immediately available via telephone, the customer will be offered the following options: leave a voice mail message, or access the Help Desk via email. Voice mail received during normal business hours will be responded to within 30 minutes. If the request is critical, it is advisable to email the Help Desk for a Specialist or consult your primary Business Intelligence contact.
At times, there are issues that may cause heavy call volumes and may prevent staff from getting back to someone within the standard time-frame of 30 minutes. During these times, the Help Desk welcome message will be modified to reflect the current condition, alerting customers to potential longer wait times.
Responses to email requests will be made within 2 hours, if received during normal business hours. Responses made to emails received after posted working hours will be made by 10:00AM (GMT) the next business day. Critical or very important requests should always be phoned into the Help Desk and your primary Business Intelligence contact notified.
Only non-critical request should be emailed, as email service delivery is not guaranteed and the Help Desk cannot ensure the timely receipt of requests. Email service level commitments are based on the time the request actually reaches the Assimil8 Help Desk.
9. Case Management Severity Levels
|Severity Code||Definition||Examples||Resolution Timeframe|
Critical Impact Outages at an entire site or multiple
Enterprise users impacted by server outage. IWR/PPES complete Failure
|Within two (2) hours|
Major Impact Application or Service outage affecting
Redundant server outage Emergency activation of a User ID. Cube or report failure. IWR or PPES blockages/ errors
|Within four (4) hours|
|Level 3||Moderate Impact Single user problem.||
User specific view/ process outage. Local issue experienced with portal, not wide spread.
|Within one (1) business day|
|Level 4||Minor Impact Service Degradation||
Server disk usage exceeding XX%. SQL or Cognos Temp file issues. Individual Cube or report End User service access problem
|Within two (2) business days|
|Level 5||Service or Application Questions||
Enterprise Process or End User Support Services. Quick Guide production, ‘How to’ documents. Feature Functionality Q&A
|Within three (3) business days|
10. Services On Site (SOS)
Help Desk services staff and consultants acting upon Help Desk services agreements may make on-site visits to fix Licensees Business Intelligence problems that cannot be resolved over the phone. SOS is designed to assist users needing specific, on-site support on an infrequent basis. SOS appointments need to be justified with a Help Desk documented case and Help Desk staff attains internal approval to provide such SOS services [Note SOS incurs additional cost and travelling charges].
11. Software Inventory
Supported Software list
Assimil8 Limited will deliver Application support on the following applications utilised in the Business Intelligence, reporting and analysis solutions of Licensee. Other applications will be supported on best effort level. As defined by the parts on the Order Form
12. Case Procedures
- Assimil8’s Help Desk is the management centre for all Licensee calls and owns the call until its closure.
- Any 2nd Level support resources utilised upon a case are responsible for timely resolution of cases assigned to them. In each case both the
- Help Desk representative and any 2nd line support will keep the Licensee updated about the progress of their call, either via telephone or e-mail.
- Overall ownership of the case logged at the Assimil8 Help Desk will remain with the Help Desk throughout the lifecycle of the request.
If there is a problem within the Business Intelligence infrastructure and solution, Licensee should carry out the following procedure:
1. End User report error to Licensee 1st or 2nd Line support
- Licensee 1st or 2nd Line support, troubleshoot error with repository and library of self help and common FAQS
- Licensee 1st or 2nd line support close problem internally and update internal troubleshooting and self-help documentation.
- Log issue and resolution on internal monitoring systems, owned and managed by Licensee.
2. Upon exhausting to-hand material and agreeing the Case needs to be escalated for Support with Assimil8 Limited;
- Log User name
- Log region and note security level of user profile
- Attain brief description of the problem (translate to English for report to Assimil8 Limited)
- Attain supporting material where relevant and appropriate, error message, screen shoot, error log, screen display or values
- Log Issue details on internal error monitoring system, sheet.
- Log time and Date
3. 1st or 2nd line support, or nominated user, Call/email Assimil8 Helpdesk.
- Licensee Company Name
- ‘Reportee’ Name and contact details
- Problem Severity level
- Case details
- Clearly document Case Number given by Helpdesk
- Record Time and date of the call and action, or escalation details.
- Assimil8 Limited will perform the functions necessary to receive Problems and Service Requests, provide Licensee with access to expert technical assistance.
- When Licensee contact the Help Desk they should be prepared to spend the time required to resolve the issue,
- Have their UserID and phone number available,
- Be at the computer/server that they are requesting help with or have the ability to replicate the issue from their own machine under similar circumstances.
- Abide by the Help Desk policies as stated by the Help Desk Specialist.
- Approve or seek approval for remote access or remote control of the server/computer in question
- Obtain an ‘administrative’ log on should the problem necessitate investigation of server or Cognos administration
- Have notified the first or second line of support as documented in section ‘Parties full details’.
- Licensee implements policies for end users that mandate the use of the Self Help Services solutions that have successfully demonstrated the solution’s ability to resolve end user problems.
- Have exhausted all troubleshooting or self-help instructions from the BI local administrators.
- Maintaining notification distribution list for e-mail and voice mail communications activities, in respect of outages or problems
- Developing and updating documented resolution processes and scripts for resolving Known Errors, as well as identifying reasonable circumventions and workarounds for Known Errors;
- Periodic maintenance routines and pro-active environment management of the solution is the responsibility of the Licensee.
- The creation and initial procedural support of a Disaster Recovery procedure is outside the scope of help desk, and would be categorised as a consultancy activity to ensure the process is configured and deployed to suit Licensee and their infrastructure.
- To the extent a Help Desk Contact is not related to Infrastructure Services or other services (such that a Help Desk Contact being a “Misdirected Contact”), Assimil8 Limited will refer such Misdirected Contact to the appropriate entity for resolution and will not be responsible for tracking and managing any issue associated with such Misdirected Contact. Such Misdirected Contacts will not be included in Help Desk reporting.
Assimil8 Limited Responsibilities
Assimil8 Limited will perform the functions necessary for routing Cases to the appropriate entity for resolution, tracking the progress of Case, resolution efforts, escalating Cases to the appropriate levels for resolution, providing status updates on service availability, and closing Cases.
Assimil8 Limited’s responsibilities with regard to the Help Desk Support Services will include the following activities:
Opening a new Case for each Problem reported to the Help Desk, subject to the following Licensee responsibilities criterion and procedures.
Validate and Assign a Severity Level Code to the Problem based on Assimil8 Limited’s Severity matrix.
- Classifying the Problem by the particular service, application and problem category.
- Conduct validation of user reporting case
- Record user reporting case full contact details
- Conduct validation of problem and investigation thereof
- Conduct and communicate escalation path if necessary
- Assign Case Number
- Assign target date/time for resolution
- Notify Assimil8 Limited Business Intelligence Licensee contact of case and brief details when appropriate.
- Update case status with Licensee as progress is made
- Provide remote assistance to users utilising BI solutions within Licensee supported software.
- Close a Case upon (i) confirmation by the affected end user that the Problem has been satisfactorily resolved. (2) Notification from Licensee the problem is no longer a case affecting the end user and a resolve been attained naturally or from external sources.
13. Procedure for requesting extensions
Assimil8 Limited understand that organisations need to have extended service availability either as part of their program services, by ‘exception’ requiring extended hours of support availability or in requested activity phases to provide extra cover during infrastructure testing or maintenance etc. Licensee can extend hours of service and support by including the new terms within the Support Agreement schedule. Ad-hoc extended cover can be attained in addition to this agreement as part of an addendum to the annual schedule. Note obtaining extended services in addition to the agreement will require notice and will incur additional cost.
14. Problem Tracking
A summary of all Help Desk Cases are reviewed on a weekly basis with the Director of Professional Services. Cases and their status are reviewed against targets and performance levels set out in this agreement. Constant monitoring is conducted to highlight areas of improvement internally and in this process to ensure the Licensee has the best possible experience when reporting problem cases.
Feedback is communicated on agreed periodic terms with the Business Intelligence (Assimil8 Limited) contact.
15. Escalation Process Licensee
In cases where Licensee feels the case which has been opened has:
- Not been addressed in the timescale advised from the severity level applied to the case.
- Case closed unsatisfactorily, without Licensee agreement.
- Customer service upon the call was not acceptable or satisfactory.
- No communication received in agreed time lines on updates of the call
- Licensee is in anyway aggrieved by the level of service or communication having logged a support case with Assimil8 Limited.
Licensee can escalate the case by:
Contact Assimil8 Limited Primary business Intelligence contact as stated on the Program Services Agreement to raise Escalation of process and communicate the current issue. This can be done via EMAIL or Telephone and should be done at the earliest point of escalation from Licensee.
Upon receipt of a grievance or requirement to escalate a case above the current responsibility of the support team the Assimil8 Limited Primary business Intelligence contact will;
- Take all references of call and Support team responsible
- Investigate current status of case with Support team responsible
- Communicate update to Licensee with any new agreed status or time line for resolve and attention of the call.
- This escalated case will be communicated back to the originator within 1 hour of the escalation request and the status of the support call amended according to the mutual agreed action plan and time line.
- A record will be made of the escalation for monthly review in support meetings.
*In the event that Licensee Assimil8 Limited Primary business Intelligence contact is unavailable escalation should be made to the Head of Support Services on the following number for action:
Telephone +44 (0) 845 812 0138
The same process will be followed to raise the profile of the case with Assimil8 Limited and a satisfactory action plan and timeline agreed and put in place.
16. Beyond the Scope of Help Desk
The Help Desk does not support:
Assimil8 Limited does not and are not responsible for the decisions made by the business on the data provided within the solutions developed by or solutions supported by Assimil8 Limited, the responsibility of the data and the decisions made utilising that data is the licensees’ responsibility.
- Local network issues relating to degradation in performance of the BI Infrastructure
- Support of ERP configuration changes
- Resolution of cases in relation to ERP Business System configuration changes
- Fixing external ISP related problems (e.g. Cox and AOL private networks)
- Telephony Training or extensive telephone instruction
- Business Systems systems specific support outside the remit of or unrelated to BI Infrastructure
- Sun One administration configuration or infrastructure unrelated to BI
- The creation and initial procedural support of a Disaster Recovery procedure is outside the scope of help desk, and would be categorised as a consultancy activity to ensure the process is configured and deployed to suit Licensee and their infrastructure.
- Periodic maintenance routines and pro-active environment management of the solution is the responsibility of the Licensee.
- The choice to Upgrade Cognos applications to a fix or major release level i.e. 8.0 – 8.4 or 7.3 to Cognos8 is beyond the scope of this Agreement. Intentions to upgrade should be clearly communicated to the appointed Licensee BI Principal contact. Upgrades to major releases will fall under the remit of consultancy activity.
17. Warranty for Assimil8 Limited Program Services
Assimil8 Limited warrants that it performs Program Services using reasonable care and skill and according to the current description in this Agreement. Licensee agrees to provide timely written notice of any failure to comply with this warranty so that Assimil8 Limited can take corrective action. This warranty is licensee’s 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 and any warranty of non-infringement. Assimil8 Limited does not warrant uninterrupted or error-free operation of Program Services or that Assimil8 Limited will correct all defects.
18. Maintenance Modifications
Assimil8 Limited will make available to Licensee Maintenance Modifications released by IBM during the term of this Agreement. Licensee agrees to incorporate Maintenance Modifications on all Programs as soon as commercially possible.
19. Programs No Longer Covered Under Program Services
For Programs that are no longer covered under Program Services, Assimil8 Limited will only provide information on known Program defects, defect corrections, restrictions, and bypasses for the unmodified portion of Programs as kept available by IBM. IBM generally maintains this information for a minimum of one year after Licensee acquires the Program from Assimil8 Limited. Assimil8 Limited will act as interface to Licensee.
20. Remote Access to Programs
Licensee is responsible for the installation and maintenance of any communication service
or equipment required to allow access to Programs so that Assimil8 Limited and IBM can meet the obligations under this Agreement. Licensee will notify Assimil8 Limited of any failure of a Program and ensure Assimil8 Limited and IBM are allowed sufficient access to the Program for Assimil8 Limited and IBM to perform its responsibilities regarding the Program Services and provide Assimil8 Limited and IBM with modem or network access to a Program located on Licensee’s development and production systems to allow Assimil8 Limited and IBM to perform the Program Service remotely.
21. Program Services delivered by IBM
In the performance of the Support Services, Assimil8 Limited can apply for Support Services directly from IBM in further support of the required assistance. Licensee receives both the combination of Program Services directly from Assimil8 Limited and indirectly from IBM.