this attachment a · 2017. 6. 26. · attachment a-infinera this attachment a establishes the terms...
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ATTACHMENT A-INFINERA
THIS ATTACHMENT A establishes the terms and conditions for use of any Infinera software that is
embedded on or supplied with Infinera equipment.
1. Right to Use License; Restrictions. Subject to these terms, the Ordering Activity is hereby granted a
personal, non-transferable, non-exclusive license, without right to sublicense, to use the copy and version
of Infinera software and any documentation that is supplied therewith (the “Software”) for its own
internal business purposes and in object form only. Each license is specific to the release and particular
network element with which it is supplied. The license to use the Software does not include and the
Ordering Activity shall not, without Infinera’s prior written consent, (i) reproduce (except as expressly set
forth herein), modify, translate or create any derivative work of all or any portion of the Software; (ii)
sell, rent, lease, loan the Software or otherwise transfer the license granted hereunder; (iii) reverse
engineer, reverse assemble or otherwise attempt to gain access to the source code of the Software, (iv)
display or disclose the software to any third party other than persons employed by the End User who are
using it on the Ordering Activity’s behalf at the Ordering Activity’s premises (v) use the software for
third party training, commercial time sharing or service bureau use; (vi) remove, alter, cover or obfuscate
any copyright notices, trademark notices or other proprietary rights notices placed or embedded on or in
the Software; (vii) unbundle any components of the Software; (viii) remove any Software from any
Infinera equipment in which it is embedded; or (ix) cause or permit any third party to do any of the
foregoing. Ordering Activity may make one copy of the Software solely for backup and archival
purposes. Ordering Activity will include on any copy of the Software it makes all markings, notices and
legends affixed to or embedded in the Software. Ordering Activity will maintain a record of the number
and location of all copies of Software that it makes, and will make those records available to Infinera on
request.
2. Ownership Ordering Activity acknowledges that the license granted under this Agreement does not
provide Ordering Activity with title to or ownership of the Software, but only a right of limited use under
the terms and conditions of this Agreement. Sole title to the Software and documentation and to any
corrections, bug fixes, enhancements, modifications, updates, upgrades, new versions, derivative works
and copies of the Software and documentation, and to any associated patents, trademarks, trade secrets,
copyrights or other intellectual property rights, remains with Infinera or its licensors.
2. Warranty Disclaimer. EXCEPT AS SET FORTH IN EXHIBIT A, INFINERA MAKES NO
OTHER WARRANTY TO THE ORDERING ACTIVITY, EXPRESS, IMPLIED, OR STATUTORY,
WITH RESPECT TO THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTY OF TITLE, AVAILABILITY, RELIABILITY,
USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE,
OR TRADE. INFINERA DOES NOT WARRANT THAT ANY EQUIPMENT, SOFTWARE, OR
PART THEREOF WILL MEET ORDERING ACTIVITY’S REQUIREMENTS OR BE
UNINTERRUPTED, TIMELY, AVAILABLE, SECURE, OR ERROR-FREE, OR THAT ANY
ERRORS IN THE EQUIPMENT OR THE SOFTWARE WILL BE CORRECTED.
3. Reserved.
4. Export Restrictions. Ordering Activity acknowledges that Infinera products are U.S. origin goods
and agrees not to export, re-export, transfer or allow third parties to access any Infinera products that it
purchases or licenses where such export, re-export, transfer or access is not permitted under the applicable
rules and regulations of the United States Government and agencies.
5. Reserved.
Exhibit A
PRODUCT WARRANTY
1.01 Warranty Term. Infinera warrants that during the Hardware Warranty Period or Software
Warranty Period, as applicable, the Products shall be free from defects in design, material and
workmanship under normal use and service, and shall conform to Infinera’s applicable Specifications.
The respective Hardware and Software Warranty Periods for Products are set forth in the table below and
commence upon shipment of the Product.
DTN-X
(XTC-2,
2E, 4 &
10)
DTN FlexILS
(MTC-
9)
XT-500
CX
(CX-10E,
CX-40E,
CX-
100E)
XTM-
Series
(TM-102,
301, 3000 &
NID &
EDU)
XTG-
Series
HW Term
/
SW Term
2 years /
90 days
2 years /
90 days
2 years /
90 days
2 years
/
90 days
1 year /
90 days
1 year /
90 days
1 year /
90 days
1.02 Warranty Exceptions. The Parties acknowledge and agree that Infinera shall not be liable
pursuant to Section 2.01 for: (i) Products that are abused or improperly handled or stored by any person
other than Infinera or its authorized services agents; (ii) Products that are maintained, repaired, modified
or altered by any person other than Infinera or its authorized service agents; (iii) damage to Products that
occurs from any cause other than ordinary use (such as, for example, acts of nature, accident, fire,
lightning, water damage, neglect, misuse, improper installation or testing, or unauthorized attempts to
repair, alter or modify); (iv) normal wear and tear or obsolescence; (v) use of the Product not in
accordance with the Specifications or any operational materials provided by Infinera; or (vi) use of the
Products with third party products not sold by Infinera, e.g., using grey market or third party products not
purchased from Infinera with Products without Infinera’s express written consent. In addition, Infinera
shall not be responsible for any Products that are installed by companies and/or contractors that are not
certified to install the Products.
1.03 Third Party Products. If an Ordering Activity procures or installs a product not developed or
manufactured by Infinera (“Third Party Product”), then Infinera makes no warranty with respect to such
Third Party Product, and Ordering Activity’s use of such product is at their own risk and may void the
warranty for the Products in which such Third Party Product is installed. Further, Infinera shall have no
obligation to provide hardware or software support for such Third Party Product.
1.04 Warranty Procedure. During the applicable Hardware Warranty Period or Software Warranty
Period, Ordering Activity promptly shall notify Infinera of all potential warranty claims pursuant to this
Agreement. If it is determined by Infinera that an item of Product needs to be returned, a return material
authorization (“RMA”) number shall be assigned by Infinera.
1.05 Hardware RMA Process. During the Hardware Warranty Period, Infinera shall, within thirty (30)
calendar days of receipt of a returned item of Product with a valid RMA number, repair or replace and, if
needed, redesign, any such item (hereinafter an “item”) that is defective as to design, workmanship or
materials, provided that: written notice of any defect is given to Infinera promptly upon discovery of the
claimed defect, such notice is given to Infinera within the Hardware Warranty Period specified above, and
the defective item is promptly returned to Infinera. All repaired and replaced parts shall be shipped pre-
loaded with the current version of the Software used by Ordering Activity. Ordering Activity agrees to
return such item of Product within thirty (30) days of the date an RMA ticket is opened for such item. All
decisions to repair or replace or redesign shall be at Infinera’s option. If Infinera provides an advance
replacement Product to Ordering Activity and does not receive the failed Product from Ordering Activity
within seven (7) calendar days of the date such replacement Product was sent to Ordering Activity,
Ordering Activity agrees to purchase such replacement Product and pay the Purchase Price for the
replacement Product provided by Infinera.
Any item repaired or replaced by Infinera pursuant to the terms of this warranty shall continue to
be warranted for the longer of the remainder of the original Hardware Warranty Period for such Product
or ninety (90) days. Item(s) which are replaced hereunder shall automatically become the property of
Infinera and their replacement shall become the property of Ordering Activity. Infinera shall be
responsible for the cost of shipping and insuring the items to and from Ordering Activity.
1.06 Software Maintenance Releases. During the Software Warranty Period and during any period
for which the Ordering Activity has purchased Software Subscription Services, Infinera agrees to provide
to Ordering Activity all applicable maintenance releases for the Software for software bug fixes for a release
of Software purchased by Ordering Activity for the shorter of: (i) two (2) years from the initial release date
of the Software; or (ii) the release date for the second Software release following such Software release. The
Parties agree that Infinera shall have the right to provide such maintenance releases of Software as part of a
general release of Software; provided, however, that such provision of a Software release shall not grant
Ordering Activity with additional right to use licenses to any additional features included in such release.
Notwithstanding anything to the contrary in this Agreement, Infinera makes no warranty with respect to
any third party software included with the Products. Ordering Activity’s sole remedy with respect to such
third party software shall be pursuant to the original licensor’s warranty, if any, to Ordering Activity, to
the extent permitted by the original licensor.
Exhibit B
SUPPORT SERVICES
1 EXTENDED WARRANTY SERVICES
1.1 Extended Hardware Warranty. Ordering Activity shall have the option to purchase annual
extensions to the Hardware Warranty Period for the hardware portion of the Product (the “Extended
Hardware Warranty”).
1.2 Reserved.
1.3 Reserved.
2. SOFTWARE SUBSCRIPTION/SUPPORT SERVICE
Ordering Activity may purchase an annual software subscription service (the “Software Subscription
Service”) for the Software to the extent eligible for Software Subscription Service, for the first year from
the purchase of the Product, for each DTC, OTC, and ATC. For the Infinera DTN-X, this service is
called the “Software Support Service”, and the Ordering Activity may purchase an annual software
support service for each XTC chassis, as well as for each DTN-X line card (AOLM, AOLX, SOLM, or
SOLX). After the first year from the date of purchase of the Product, the Ordering Activity shall have the
option to purchase the Software Subscription/Support Service on an annual basis. The Software
Subscription/Support Service entitles Ordering Activity to all new software releases (on an “if and when
available” basis) of the Software. The Software Subscription/Support Service shall be available to
Ordering Activity on an annual basis, commencing on the date set forth in the purchase order, and shall
apply to each new DTC, OTC, ATC, XTC, or DTN-X line card on the date the Product comprising such
DTC, OTC, ATC, XTC, or DTN-X line card has been Accepted by Ordering Activity. The Parties
acknowledge and agree that Infinera has no obligation to develop any future Software.
The Infinera Software Subscription/Support Service commences upon Product Acceptance. .. The Parties
acknowledge and agree that the Software Subscription/Support Service shall apply to all DTCs, OTCs,
ATCs, XTCs, and DTN-X line cards deployed in Ordering Activity’s network, including any laboratory
equipment.
Ordering Activity may elect to discontinue this Software Subscription/Support Service at any time. Upon
such discontinuation, Infinera shall remit to Ordering Activity the pro rata portion of pre-paid fees for the
Software Subscription/Support Service. In the event that Ordering Activity elects to issue a new purchase
order to reinstate coverage under the Software Subscription/Support Service after discontinuing such
service, or Ordering Activity elects to purchase the Software Subscription/Support Service at any time
after the date any Product is first Accepted by Ordering Activity under this Agreement, Ordering Activity
agrees that it shall be obligated to pay a reinstatement fee equal to the fees that Ordering Activity would
have paid under the Software Subscription/Support Service for any period of discontinuation.
3. EF&I SERVICES
Site Survey and Detailed Engineering Package:
Conduct a site survey of each equipment site location to verify local conditions
Prepare site issues report
o Includes conditions requiring remediation prior to install and/or other such items, and their
assignments to responsible parties
Prepare initial Engineering Design Package (EDP)/Engineering Document
o Includes installer’s SOW, installation notes, list of equipment and installation materials, site
access/security requirements, cable running list (power, fiber and data), floor plan, cable run
diagram, grounding schematic, rack/cabinet facing diagram, link engineering drawings, node
acceptance document, link acceptance document, IP design and commissioning data
Prepare installation materials per specifications
o Materials can include, per engineering design: Infinera racks/cabinets; vertical fiber duct to
connect existing horizontal duct to fiber management in new/existing equipment rack/cabinet
(up to 2 per rack/cabinet); intra-bay power cable and DC power cable runs for the chassis site
locations (assuming no intermediary connection points); power, ground, lugs and
terminations; intra-shelf/node line side fiber patch cables; intra-node Nodal Control and
Timing (NCT) CAT5 Ethernet cabling; and labeling materials. Materials for client side fibers
can also be defined, and quoted outside of scope. Breakers and/or fuses for chassis site
locations and rack spacer/cable managers are also included, per engineering design, for
deployments in the Americas.
Refine engineering design package (use mutually agreed-upon format)
o Includes contact list, directions to site (or GPS coordinates), Installer’s SOW, Installer work
items and installation notes, list of equipment and installation materials, floor plan drawing
and rack elevation drawing, equipment shelf detail drawings, cable running lists (power, fiber
and data), cable run diagram, power cable assignment and management information, optical
fiber assignment and management information, commissioning data.
Prepare and furnish final as-built Engineering Design Packages (EDPs)/Engineering Documents
Note: Non-NEBS cabinets are provided for standard Turnkey Install within the EMEA and APAC
region. NEBS compliant cabinets are available as Out of Scope work. For all other regions, racks are
provided for DTN/ATN standard Turnkey Install and NEBS-compliant cabinets are provided for
standard DTN-X standard Turnkey Install.
Materials Planning and Procurement:
Procure, stage and deliver to site locations the following materials, as applicable:
o Infinera equipment rack(s)/cabinet(s) and spacers/cable managers (if DTN-X cabinet is not
ordered).
o Rack/cabinet mounting hardware, anchors and top-support materials for each equipment
rack/cabinet
o Infinera provided PDU/Fuse panel for Infinera OTC/ATC site locations only
Power cables – Ground cable to connect new rack/cabinet to existing grounding system
o Ground cable to bond Infinera chassis to rack/cabinet
Ground cable to connect new rack to existing grounding system
Ground lugs, H-Taps, earth bar connection(s) and all necessary associated materials
2” or 4” Fiber duct or copex equivalent (vertical on rack/cabinet). (Express downspouts that are
not required to be cut in are included in standard scope of work. Any downspouts that require a
cut are Out of Scope work.)
Line-side and intra-node fibers
Consumables (to include velcro, cable ties, labels, waxed cord, etc.)
Install Site Infrastructure:
Accept delivery of Infinera equipment and materials at third-party storage facility
o For DTN-X it is preferred to drop ship directly to site with inside delivery.
Unpack, inventory, inspect and deliver all equipment and installation materials to site location
footprint
Install new rack/cabinet, or use existing equipment rack/cabinet at each site location footprint
Install a fuse panel/PDU into new or existing equipment rack/cabinet at each Infinera OTC/ATC
site location
Ground all new equipment racks/cabinets to existing ground system
Install and terminate DC power cabling (single insulated by default, double insulated if required)
from customer Battery Distribution Fuse Bay (BDFB)/Power distribution Panel (PDP) to Infinera
equipment shelves and install and terminate power to an appropriate fuse panel in OTC/ATC site
locations.
Infinera DC power cable sizing is based on Infinera equipment maximum draw @ 55 degrees
Celsius. Any other calculations using other than 55 degrees Celsius is Out of Scope.
The following table defines the power runs included with the standard Scope of Work. Delivery
of power runs beyond the listed specifications is considered Out of Scope Work.
Product
Line/Chassis
Number and Type of
Feeds
Max Cable Length* Max Cable Size
DTN/
DTC
One (1) A Feed and Return, and One (1) B Feed and Return
Up to 50 ft (14.24 m) 4/0 AWG or 25 mmsq
ATN/ ATC
One (1) A Feed and Return, and One (1) B Feed and Return
Up to 30 ft (9 m) 14 AWG or 2.5 mmsq
OLA/ OTC
One (1) A Feed and Return, and One (1) B Feed and Return
Up to 30 ft (9 m) 12 AWG or 4 mmsq
DTN-X / XTC-10
Up to Six (6) A Feeds and Returns, and Six (6) B Feeds and Returns
Up to 30 ft (9 m) 1/0 AWG or 35 mmsq in EMEA
DTN-X / XTC-4
Up to Four (4) A Feeds and Returns, and Four (4) B Feeds and Returns
Up to 30 ft (9 m) 1/0AWG or 35 mmsq in EMEA
*Cable lengths are measured on the cable ladder, from the middle of the top of the equipment
rack to the middle of the top of the BDFB/PDP.
Label racks/cabinets and power cable according to approved customer standard. If no customer
standard is provided, Infinera will label per established Infinera practice.
‘Red-Line’ engineering specifications
Daily site clean-up and disposal of waste
Supply of all required installation tools
Perform Equipment Installation & Commissioning:
Unpack, inventory, and inspect all equipment
Install all new chassis’ in the rack/cabinet per the EDP/Engineering Document
Ground (bond) the new chassis’ to the rack(s)/cabinet(s)
Install modules in the chassis’ per the EDP/Engineering Document
If required, connect pre-terminated, existing power cables to each Infinera chassis.
Install, scope, clean, measure insertion loss, test and connect all of the intra-node fiber jumpers
and Line side fiber jumpers from equipment to customer line side fiber patch panels. (Standard
service provides line side fibers up to 30 meter length, of SC-SC connector type.)
Install Nodal Control and Timing (NCT) and DCN Ethernet cabling per the EDP/Engineering
Document (if required)
Label equipment shelves and intra node fiber, power cables & data cables per approved customer
standard. If no customer standard is provided, Infinera will label per established Infinera
practice.
Perform site quality audit checklist
Provide ‘Rack Face’ as-build EDP/Engineering Document and intra-node fiber diagram
Commission and Turn Up Equipment:
Verify DC power and grounding
Unpack and inspect all circuit packs & chassis backplanes
Install all circuit packs
Inspect, clean and install all intra-node fiber cables
Connect any pre-existing, pre-terminated intra-node and Data Communication Network (DCN)
management data cables (if required).
Commission and configure equipment with pre-furnished network design and DCN/OSC IP
Addresses
Connect pre-installed fiber jumpers to Infinera line side modules per the EDP/Engineering
Document (if required)
Perform span clean up if required
Install attenuators/pads per EDP/Engineering Document.
Note: For ATN install, additional manual adjustment of span performance may be required to bring
system in line with span engineering design specifications. If such adjustments are necessary because
Infinera was provided with inaccurate fiber span information prior to the install project, additional
labor fees shall apply for making span performance adjustments. The labor shall be rendered via the
Infinera On‐Site Engineering Service.
Note: For the Infinera ILS2 Line system, additional manual adjustment of Raman span performance
may be required to bring system in line with span engineering design specifications. Such
adjustments must be performed via the Infinera On Site Engineering Service.
Note: For SLTE Activation, additional manual adjustment of span performance may be required to
bring system in line with span engineering design specifications. Such adjustments must be
performed via the Infinera SLTE Link Activation Service.
Note: For networks carrying 40GbE and higher transmission rates, additional fees shall apply for
testing. These fees shall be charged via the Infinera On Site Engineering Service.
Perform Test, Acceptance, and 24 Hour Bit-Error Rate Test (BERT):
Alarm clearing on each span and digital link
Inspect and validate performance for each span and digital link
Furnish appropriate test equipment for the applicable service types
Configure and run BERT on a single end to end circuit; standard test period is 24 hours
Provide BERT results in a mutually agreed upon format
Provide notification to customer operations for node / network acceptance
Perform equipment and alarm verification testing
Provide link design as-build diagram
Provide node/link acceptance documentation
Program Management and Technical Oversight:
Identify/assign a dedicated Infinera Program Manager as the single point of contact for all project
logistics, schedules and technical issues. Program Manager responsibilities include:
o Recommend best practices
o Manage all survey and installation, test and turn up schedules
o Provide regular updates to customer management within a mutually agreed upon time
interval
Identify/assign a Lead Technical Oversight Engineer or Tech Support Engineer whose
responsibilities include, but are not limited to:
o Prior to deployment, assist customer with technical requirements, i.e. IP Addressing
o Primary technical interface for Field Teams in all aspects of installation, commissioning,
troubleshooting, route validation and testing
o Interface and assist Ordering Activities with technical issues during the deployment
process
o Span and digital link turn-up, testing and acceptance
Ordering Activities Responsibilities
Provide Infinera with pre-survey data, which includes:
o Site address, site contact information, and access information
o Aisle/bay rack/cabinet assignment(s)
o Aisle/bay/breaker assignments for DC Power (if applicable)
o Specific DC power requirements – i.e. cable size, cable diversity
o Aisle/bay/shelf assignments for Outside Plant (OSP) fiber panel(s)
o Aisle/bay/shelf assignment for DCN management network connectivity (where
applicable)
o Any specific hardware requirements – i.e. specific DC breakers, AC to DC rectifier
systems, specific fiber jumper manufacturer or requirement, etc.
o IP Addressing schemes
o Specific installation standards outside of Telcordia GR-1275
o Labeling standards
o Testing requirements and scope – i.e. if testing is beyond the scope described in this
document
Coordination of site access.
Ensure that authorized staff for operation and maintenance is available during the entire EF&I
period to provide assistance with Infinera Customer Support when requested.
Notify Infinera of any additions, relocations or changes to equipment via Infinera program
manager and/or sales account team. Do not contact Infinera Support hotline (877-INF-5288) or
email <[email protected]>
Assumptions and Additional Conditions
Ordering Activity must have all pre-work 100% complete.
All sites must be accessible by standard vehicles.
Reasonable site access will be provided to all engineering, installation, and test personnel.
Provide complete and accurate site location information.
4. INFINERA SPARES MANAGEMENT- NEXT BUSINESS DAY ARRIVAL
General. Infinera shall provide Ordering Activity with spares management services Next Business Day
Arrival (“Spares Management NBD”). Spares Management NBD requires an annual service contract
with Infinera that provides, in the event of a hardware failure, an advanced delivery of a replacement
module will arrive at the designated Ordering Activity site no later than the following business day after
the Return Material Authorization (RMA) request is issued by Infinera. After the replacement module
arrives at the site, the defective module must be returned to Infinera within ten (10) calendar days.
Infinera will provide delivery of a hardware replacement module by the next business day provided that
the RMA number is issued before 2PM local time (PST in North America, or CET in Europe). All RMAs
issued after 2PM local time will be processed the next business day and arrive the following business day
thereafter.
Scope of Service. Spares Management includes the following:
Access by Ordering Activity to the Infinera Customer Support Technical Assistance Center
(TAC) 24 hours a day, 7 days a week, 365 days a year (24x7x365) to request a spare module.
Obligation for the spare to arrive at the designated Ordering Activity’s site by the next business
day of Infinera’s confirmation of the need for the dispatch with the appropriate spare module.
Note that Spares Management NBD is available only for those cities mutually agreed upon by the
Parties.
Assumptions and Additional Conditions. The provision of the Spares Management by Infinera is
subject to each of the following assumptions:
This Service does not include on‐site engineer dispatch service(s). However, this service can be
combined with the purchase of an Infinera First Line Maintenance service, which is sold
separately.
For all Ordering Activity laboratory equipment, and unless otherwise mutually agreed upon, this
service shall provide Next Business Day Ship replacement service.
Infinera shall not be obligated to provide Spares Management NBD until 45 days after the
issuance and acceptance of a purchase order in accordance with the applicable agreement, and
Ordering Activity has provided a complete list of its sites that are to be covered by this Service
(addresses/GPS coordinates consistent with the delivery locations for the Product).
In the event Ordering Activity purchases Spares Management NBD for Product following
expiration of the Warranty Period, it must also purchase an Extended Hardware Warranty Service
for a concurrent duration for such Product.
Spares Management must be purchased for Ordering Activity’s entire network.
Ordering Activity Responsibilities. The Ordering Activity shall be responsible for each of the
following:
Cooperate with Infinera to confirm that Infinera has a complete listing of all Products, including
serial numbers, in order to properly establish and track service entitlement.
Provide a site identification or site contact number.
Ensure that authorized staff for operation and maintenance is available during the entire support
period to provide Infinera with information (e.g., model, serial number, current failure symptoms)
upon request.
The defective module is not required to be returned before Infinera delivers a replacement. After
the replacement module arrives at the site, the defective module must be returned to Infinera
within ten (10) calendar days.
Notify Infinera of any additions, changes and relocations of equipment covered under this
service.
Exclusions. The following items and conditions are excluded from the Spares Management NBD Service
(and any calculation of performance penalties):
RMA/FRU Exchange for Defects or malfunctions caused by:
Actions of personnel not contracted by the Ordering Activity or Infinera;
Failure of the Ordering Activity to follow Infinera’s installation, operation, or
maintenance instructions;
Failure of Equipment that is not serviced by Infinera;
Abuse, misuse, or negligent acts of personnel not contracted by Infinera.
FRU Defects or malfunctions caused by:
Modifications made to FRUs by non-Infinera personnel; or
The attachment to FRUs of Equipment not being supported by Infinera
Consumable items that are not under maintenance support coverage as described in the FRU list.
Delivery of documentation
5. INFINERA SPARES MANAGEMENT – 4 HOUR SPARES ARRIVAL
The Infinera Spares Management – 4 Hour Spares Arrival Service requires an annual service contract
with Infinera. In the event of a hardware failure, this Service provides advanced delivery of a replacement
module to the designated Ordering Activity site within 4 hours from the time the Return Material
Authorization (RMA) was issued and approved by Infinera. The defective module is not required to be
returned before Infinera delivers a replacement. After the replacement module arrives at the site, the
defective module must be returned to Infinera within ten (10) calendar days.
Assumptions and Additional Conditions
Infinera shall provide Spares Management Service in accordance with an agreed upon schedule
once the following occur (i) acceptance of a purchase order for the Spares Management Service
and (ii) and the Ordering Activity has provided a complete list of its sites to be covered by this
service (addresses/GPS coordinates consistent with the delivery locations for the Product).
The Infinera Spares Management – 4 Hour Spares Arrival Maintenance Service is available only
for those cities and/or zip/postal codes specified on the Infinera then-current service coverage
map. Service coverage outside of this range shall be mutually agreed upon on a case-by-case
basis.
If the Ordering Activity purchases the Infinera Spares Management - 4 Hour Arrival Maintenance
Service for equipment following expiration of the warranty period, it must also purchase an
Extended Hardware Warranty for a concurrent duration.
This Service does not include on-site engineer dispatch service(s).
The Infinera Spares Management – 4 Hour Spares Arrival Service shall not apply to customer
laboratory equipment, unless otherwise mutually agreed upon.
The Infinera Spares Management – 4 Hour Spares Arrival Service must be purchased for the
Ordering Activity’s entire network (excluding customer laboratory equipment), or as otherwise
mutually agreed upon.
Ordering Activity Responsibilities
Provide a site identification or site contact number.
Ensure that authorized staff for operation and maintenance is available during the entire support
period to provide Infinera Customer Support with information (e.g., model, serial number, current
failure symptoms) upon request.
Provide Infinera with a complete listing of all Covered Products and their deployed locations.
The information must include the FRU type, serial number, and site location. The Ordering
Activity is further responsible for providing Infinera with updates whenever this information
changes. Infinera must have up-to-date information on Ordering Activity inventory at all times in
order to maintain the 4 Hour arrival SLA provided by this service. Notify Infinera of any
additions, relocations or changes to equipment via Infinera support hotline (877-INF-5288) or
email [email protected] on the Product.
6. INFINERA FIRST LINE MAINTENANCE – 4 HOUR ENGINEER ARRIVAL
The Infinera First Line Maintenance – 4 Hour Engineer Arrival Service provides an on-site Technical
Support Engineer (TSE) to remove a defective module and install its replacement, or to facilitate fault
isolation that cannot be performed remotely. The TSE will arrive at the Ordering Activity site within 4
hours of Infinera confirmation that a dispatch is required. This Service is available on a 24 hours a day, 7
days a week, 365 days a year (24x7x365) basis. This Service provides:
Access to the Infinera Ordering Activity Support Technical Assistance Center (TAC) on a
24x7x365 basis to request dispatch of an engineer. If it is determined by Infinera that a module
needs to be returned to Infinera, or that further on-site resolution is required, an Infinera TSE will
be dispatched.
An Infinera TSE will arrive at the designated Ordering Activity site within 4 hours of Infinera’s
dispatch confirmation.
Assumptions and Additional Conditions
Replacement modules are not included with this Service. However, the above Service can be
combined with the purchase of an Infinera Spares Management Service, which is sold separately
under an additional SOW.
Infinera shall provide FLM Service in accordance with an agreed upon schedule once the
following occur (i) acceptance of a purchase order for the FLM Service and (ii) and the Ordering
Activity has provided a complete list of its sites to be covered by this service (addresses/GPS
coordinates consistent with the delivery locations for the Product).
The Infinera First Line Maintenance – 4 Hour Engineer Arrival Service is available only for those
cities and/or zip/postal codes specified on the Infinera then-current service coverage map.
Service coverage outside of this range shall be mutually agreed upon on a case-by-case basis.
The determination as to whether or not the dispatch of a TSE is necessary will be made by
Infinera at its discretion. The Infinera First Line Maintenance - 4 Hour Engineer Arrival Service
is subject to geographic restrictions. Please refer to the Infinera 4 hour FLM coverage map for
details, or talk with an Infinera Sales Representative.
The Infinera First Line Maintenance – 4 Hour Engineer Arrival Service must be purchased for the
Ordering Activity’s entire network, or as otherwise mutually agreed upon.
Ordering Activity Responsibilities
Provide Infinera with a complete listing of all products covered by this Service, including serial
numbers, in order to properly establish and track service entitlement.
Provide site identification badge and on-site Ordering Activity staff contact information, for the
TSE.
Ensure that authorized staff for operation and maintenance is available during the entire support
period, to provide Infinera with information (e.g., model, serial number, current failure
symptoms) upon request.
Notify Infinera of any additions, changes and relocations of equipment covered under this
Service.
7. Infinera Technical Training
The Infinera Learning Experience is a comprehensive suite of training courses and modules to train
Ordering Activity personnel in the installation, administration, maintenance, and operations of the
Infinera Digital Optical Network. Infinera utilizes the latest in learning technologies and methodologies
to create a personalized learning environment, providing timely and relevant information in easily-
accessible formats.
Infinera offers its training courses in two formats:
Classroom Learning Format: Infinera offers all of its courses in a classroom learning format with
extensive hands-on labs on the latest Infinera equipment. Infinera has classroom locations at
headquarters in Sunnyvale (CA, U.S.), London, and Hong Kong. Infinera can also deliver most class
types at the Ordering Activity location.
E-Learning Format: Infinera also offers many courses, videos, and tutorials in e-learning format.
Most of our instructor-led courses require pre-requisites which are completed through e-learning. E-
learning content is accessed through a compatible web browser to Infinera’s Learning Management
System. Ordering Activity can choose to access the content on per course basis or an annual
subscriptions. The annual subscription allows access to all Infinera Customer e-learning content for
one year from purchase date.
Learning Management
The Infinera Learning Experience includes customer learning management. Our 24x7 online system is
accessible through a compatible browser and will keep track of all aspects of the training experience.
Each Ordering Activity and each student will have their own training record where Infinera will maintain
training paths, recommended curriculums, completion status, exams, certifications, exams, and feedback.
The system will supply the necessary reports for managers to track the progress of their staff.
Training Credits
The Infinera Learning Experience uses a “training units” model. In its simplest form, Ordering Activities
buy training units which are good for one year from the date of purchase, then use the training units to
purchase various training classes. The primary advantages of buying training units instead of classes
directly in $USD are flexibility and price protection. There are two types of training units – one type is
for eLearning, and the other type is for instructor-led.
Infinera DTN-X Training Course Descriptions – Core Courses
DTN-X Overview Course – This course is primarily delivered as an e-learning offering and can be
completed at the student’s own pace. The course provides an overview of Infinera Digital Optical
Network architecture, network applications, and product descriptions. This will include topics such
as DTN-X and Optical Line Amplifier system architecture, hardware overview, signal flow, and an
overview of the architecture, features, and capabilities of the Infinera Graphical Node Manager
(GNM) and Infinera Digital Network Administrator (DNA). This class is also available per request in
an instructor – led format. In a classroom, the minimum class size is 4 and maximum class size is 25.
DTN-X Field Engineering – This three-day hands-on technical training course focuses on field
personnel and training them to be able to turn up and test the DTN-X product line. The course will
provide an overview describing the procedures to commission a Switching Transport Chassis (XTC).
This will include such topics as commissioning a GNE, an SNE, an Expansion Chassis, fibering a
digital span, provisioning a circuit, and interpreting alarms. This course has a prerequisite
requirement of DTN-X theory and hardware description to be completed via e-learning. This course,
combined with the e-learning will prepare a student for field engineering certification exam. The
minimum class size is 4 and recommended maximum class size is 8. Because this course is very
much hands-on in a lab environment, this course is only available at an Infinera facility in Sunnyvale,
London, or Hong Kong.
DTN-X NOC Engineering – This three-day hands-on technical training course will provide an
overview describing the procedures for operations, administration, maintenance, and provisioning of
the DTN-X. This will include use of DNA, alarm descriptions, troubleshooting, circuit pack
configuration, querying and provisioning a working network element, understanding performance
monitoring and alarm clearing techniques. Students will receive hands-on exercises for three days for
OAM&P capabilities of the DTN-X. This course has a prerequisite requirement of DTN-X theory and
hardware description to be completed via e-learning. This course, combined with the e-learning will
prepare a student for NOC engineering certification exam. The minimum class size is 4 and the
maximum class size is 12.
Infinera DTN-X Training Course Descriptions – Additional Courses
DNA Fundamentals – This two-day hands-on technical training is designed for NOC Engineers who
carry out surveillance and troubleshooting of the DTN/DTN-X network using Digital Network
Administrator (DNA).
Network Customer Service – This two-day hands-on technical training is designed for Ordering
Activity Technical Support Engineers who rectify customer reported circuit issues on the DTN and
DTN-X network.
DTN-X Provisioning – This two-day hands-on technical training is designed for Service Delivery
Engineers who design and provision services in the DTN/DTN-X network.
DTN-X Deployment – This three-day hands-on technical training is designed for Deployment
Engineers performing commissioning and configuration activities from a remote location using
Digital Network Administrator (DNA) and Graphical Node Manager (GNM) who adds capacity on
the network, confirms power levels, set thresholds, set up cross connects for trib to trib testing and
ensure successful deployments of new nodes.
Site Engineering – This four-day hands-on technical training is designed for Site Engineers who
carry out site surveys and create work order packages for field techs to install and commission
network elements and module adds. This training course will show the student how to configure a
node, including addresses for the DCN, GMPLS and OSC, configure Line Modules and Band Mux
Modules (BMMs), make all physical connections and other configuration options as well as
performing software upgrades. Hands on exercises are done using Graphical Node Manager (GNM).
First-Line Maintenance – This two-day hands-on technical training is designed for engineers who
carry out first line maintenance activities. This training course will show the student how replace
modules, retrieve logs, back up databases and perform other activities when given remote instructions
and guidance from the Network Operations Center.
Network Planning – This two-day hands-on technical training is designed for Network Planners who
design the network with Infinera assistance. This training course will show the student how to
manage network capacity, how to add and configure Line Modules and Band Multiplexing Modules
(BMMs), plan and design node administration such as DCN and GMPLS IP addresses and NTP
configuration, read optical power measurements, given an introduction to Digital Network
Administrator (DNA) including in depth lessons on critical tools such as Digital Link Viewer (DLV)
and Digital Bandwidth Manager (DBM). Students will also be given lectures to fully understand the
signal flow through the DTN/DTN-X including explanations on Forward Error Correction (FEC) and
Q-Values.
Infinera Training Course Descriptions – Legacy Products (DTN/ATN)
DTN and ATN courses are available upon request.
Training Course Recommendations by Role
Infinera recommends the following training courses, by student role:
Train Personnel for… Detailed Description Recommended Course(s)…
Technical Product
Overview Only
For any staff requiring an introductory
overview to the Infinera Digital Optical
Network system.
Infinera DTN/ATN Product
Overview
Installation and
Commissioning
For staff that undertake the installation and
commissioning of the equipment.
Infinera DTN/ATN Turn Up
and Test
Maintenance and Field
Operations
For staff that undertake maintenance of the
equipment. This course needs to cover the
details of the methods of operation, routine
maintenance tasks, and fault finding
Infinera DTN/ATN Turn Up
and Test Certification
For staff that undertake the operation and
maintenance of the transmission equipment
on fields, directed by NOC personnel.
Infinera DTN/ATN OAM&P
Certification
Network Management
(I.e. NOC)
For staff who undertake the monitoring of
the network from a central location, e.g.
Network Operating Center (NOC), or
similar.
Infinera Management Suite
(DNA) Overview + Infinera
DTN/ATN Troubleshooting
Configuration
Management
For staff that undertake the remote
provisioning of equipment using the
Network Element Management System.
Infinera DTN/ATN OAM&P
Course
Network Administration For the network administrator who is in
charge of managing servers for
backup/restore, defining user’s profiles and
password, managing security and connection
to the Data communication network; this
course includes all applications and features
of EMS/NMS
Infinera Management Suite
(DNA) Overview
Network Planning For network planning staff responsible for
network modeling, planning and design.
Infinera Network Planning
System Training (available
through your Infinera Sales
Engineer) + Infinera
Management Suite (DNA)
Overview
Scheduling Courses
Infinera flexibly schedules and provides its courses based on Ordering Activity request, and therefore
there is no “set schedule” for our course offerings. To schedule an Infinera course, simply submit your
training request to the Infinera Global Customer Technical Assistance Center (via phone, email, or
Infinera Customer Web Portal), and a training specialist will work with you to schedule the appropriate
courses.
Exhibit C
SOFTWARE SUPPORT
Conditions to Provision of Services. During the Software Warranty Period, Infinera shall make
available the following services to Ordering Activity for the Software:
1. HELP DESK SUPPORT
Infinera shall provide a service desk (contacted through a telephone help line) to assist Ordering Activity
in obtaining a quick response to network faults or troubleshooting questions (the “Technical Assistance
Center” or “TAC”). The service desk shall log and track trouble tickets for reported faults within the
scope of 3rd Line Support. The TAC help desk will be available 24 hours per day, 7 days per week and
every day of the year (24 x 7 x 365). The number for the Infinera’s Technical Assistance Center is:
877-INF-5288 (463-5288) / Main 408-572-5200
email: [email protected]
fax: 408-572-5343
Additional access phone numbers for Infinera’s Technical Assistance Center:
2. SERVICE ESCALATION PROCEDURES
2.1 Defect Severity Levels. Defects (classified as Critical, Major, or Minor defects) for all Products are
defined in this Section. The classification and reclassification of the defect level shall be at the reasonable
Direct within U.S. 1.408.572.5288
Toll-free within U.S. 1.877.463.5288
Toll-free within Australia 0011.8004634.6364
Toll-free within Benelux 00.800.4634.6372
Toll-free China Netcom 00.800.4634.6364
Toll-free China Telcom 00.800.4634.6364
Toll-free within Denmark 00.800.4634.6364
Toll-free within Finland 990.800.4634
Toll-free within France 00.800.4634.6372
Toll-free within Germany 00.800.4634.6372
Toll-free within Greece 00800.1809.204.3766
Toll-free within India 00.800.100.4014
Toll-free within Indonesia 001.803.015.204.3768
Toll-free within Italy 00.800.6300.6400
Toll-free within Japan 010.800.4634.6372
Toll-free within Mexico 001.855.587.7440
Toll-free within Spain 00.800.4634.6364
Toll-free within Sweden 00.800.4634.6364
Toll-free within Switzerland 00.800.4634.6364
Toll-free within U.K. 00.800.4634.6372
discretion of Infinera; provided, however, that such classifications and reclassifications shall be in accordance
with the definitions set forth in this Section. In the event a defect is subsequently reclassified to a higher
severity level, the Service Restoration time period shall begin at the time the defect is reclassified.
(a) Critical Defects. “Critical Defects” means conditions under which the Product is inoperative and
Ordering Activity’s inability to use the Product creates an emergency situation with respect to
Ordering Activity’s business operations. This condition generally is characterized by a loss of
network connectivity or service affecting a major customer or multiple other customers due to
Product failure and requires immediate restoration or correction.
(b) Major Defects. “Major Defects” means conditions under which the Product is usable by
Ordering Activity, with limited functions, but creates a manageable situation with respect to
Ordering Activity’s business operations. The condition is not critical to overall Ordering Activity
operations and does not severely restrict such operations.
(c) Minor Defects. “Minor Defects” means conditions under which the Product is usable and the
condition does not adversely affect Ordering Activity’s operations. These problems are those
resulting in a minor failure that is cosmetic or de minimis in nature.
2.2 Initial Response; Service Restoration; Defect Resolution. With respect to the terms utilized in
the table below, the following definitions shall apply:
“Defect Resolution” is the time elapsed from Ordering Activity’s report of a defect to the time Infinera
provides a final correction or modification of the Product that corrects the root cause of the defect.
“Initial Response” means the time it takes from Ordering Activity’s initial report of the defect until
Ordering Activity speaks with the appropriate Infinera subject matter expert as set forth in the escalation
table below. The measurement of Initial Response time does not apply when a Ordering Activity call is
related to a previously reported defect.
“Service Restoration” means the time it takes Infinera to apply a functional resolution to the reported
defect, meaning Infinera provides Ordering Activity with a temporary fix or workaround that solves a
reported defect and that can be used by Ordering Activity with minimal inconvenience and minimal
impact on Ordering Activity’s business operations.
Infinera shall exercise continuous and uninterrupted efforts, twenty-four (24) hours a day, seven (7) days a
week, to achieve Service Restoration for any Critical Defects as soon as possible after reported by Ordering
Activity. Without limiting the generality of the foregoing, the Parties agree that the time frames for Initial
Response, Service Restoration and Defect Resolution set forth in the following table represent the estimated
time limit for Initial Response, Service Restoration and Defect Resolution and Infinera shall use all
reasonable efforts to achieve time frames that are better than the time frames set forth below.
Severity
Level
Initial
Response
Service Restoration /
Work Around Defect Resolution
Critical
Defect1
Immediate
(15 minutes) 4 hours
20 days for a patch (without
hardware/firmware design
change); 180 days (with
hardware/firmware design
change) in next Maintenance
Release
Major
Defect 30 minutes 24 hours
45 days for a patch (without
hardware/firmware design
change); 180 days (with
hardware/firmware design
change) in next Maintenance
Release
Minor
Defect 1 hour N/A Next Maintenance Release
1 With respect to all Critical Defects, Infinera shall provide hourly status updates to
Ordering Activity until Service Restoration has been achieved.
2.3 Escalation of Unresolved Defects within Infinera. For all defects reported by Ordering
Activity, Ordering Activity shall have the right to require Infinera to escalate Ordering Activity’s defect
to the next appropriate tier in the applicable Infinera support organization. Such escalation is not intended
to and shall not diminish Infinera’s obligations to restore and resolve defects within the applicable time
frames. In addition, Infinera shall observe the following management notification procedures with
respect to all unrestored Critical Defects:
(a) Service Interruption. Upon Ordering Activity’s report to Infinera of the existence of a Critical
Defect, Infinera shall notify Infinera’s Tier 3 Support via an Infinera technical support engineer
and any additional Infinera personnel as needed by Product. If Service Restoration with respect
to a Critical Defect has not been achieved within thirty (30) minutes after the defect is reported by
Ordering Activity to an Infinera technical support manager, as applicable, Infinera shall notify the
appropriate Infinera supervisory management of the unrestored condition. If Service Restoration
has not been achieved within one (1) hour after the defect is reported, the next higher level of
Infinera supervisory management shall be notified of the unresolved condition.
(b) Extended Service Interruption. Upon the occurrence of an Critical Defect that: (i) affects
multiple customers and Service Restoration has not been achieved within thirty (30) minutes
following Ordering Activity’s report to Infinera of such Critical Defect; or (ii) affects special
facilities, such as 911, governmental facilities, military, commercial airports, etc.; or (iii) includes
media involvement (an “Extended Service Interruption” or “ESI”), then in addition to the
Infinera personnel identified in subsection (a) above, Infinera shall notify Infinera’s Vice
President of Service and Support and the Vice President of Hardware Engineering or Vice
President of Software Engineering, depending on the nature of the defect, as applicable. Such
notification shall be made by means of Infinera’s call center via telephone, facsimile or e-mail
commencing within sixty (60) minutes following Ordering Activity’s report to Infinera of the
Critical Defect and concluding within thirty (30) minutes thereafter.
Technical and management escalation contact information for the persons set forth in this Section are as
follows:
Level Name Position Phone # Email
Tier3
Support
24/7 TAC Technical Support
Engineer
1-877-463-5288 [email protected]
Technical
Support
Director
Charlie
Plitt
Director, Technical
Assistance Center,
Service and Support
1-877-463-5288 [email protected]
VP, Service
and Support,
Office of the
Chief
Operating
Officer
Lonny
Orona
Vice President,
Global Service and
Support
1-877-463-5288 [email protected]
2.4 Measurement of Response, Restoration and Resolution of Defects. Infinera shall provide to
Ordering Activity a report that summarizes the percentage of defects responded to, restored and resolved
within the time frames specified in this Section 2.
2.5 Reviews. As part of its ongoing support services, Infinera shall provide Operational reviews and
service reports within mutually agreed to time frames (but no less than quarterly), which reports shall
include, without limitation: (i) a detailed summary and status of all defects reported by Ordering
Activity; (ii) the number of remote accesses by Infinera into Ordering Activity’s systems; (iii) the number
of Maintenance and Support Services-related on-site visits; (iv) Maintenance Releases sent and applied to
Products; (v) analysis of hardware and Software release schedules; and (vi) an analysis of RMA requests
and fulfillment of same by Infinera.