Finally found an answer from cisco's site:
From http://www.cisco.com/warp/public/cc/serv/mkt/sup/ent/snet/smnet_qa.htm
Q. Can I purchase SMARTnet services for a Cisco device that hasn't been covered by
a Cisco service contract?
A. Yes, but you must be using the current version of software. If the software is
one or more releases old, you must first purchase the current release before you
can purchase SMARTnet services for the
device. Also, you must have the product inspected by Cisco to ensure that all
components and software are Cisco approved.
----------------------------
Although from the responses I got, it seems very rare for the inspection
requirement to be enforced.
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