This Evergreen//One Add-Ons Guide (“Add-Ons Guide”) provides descriptions of additional features, benefits, or services available for some Evergreen//One subscriptions End User may have purchased, as set forth in the applicable order (each, an “Add-On”).

1.  CYBER RESILIENCE AND RECOVERY ADD-ON.

1.1   Cyber Resilience Description. Upon Resilience Service Activation (as defined below), Pure will, subject to the End User’s compliance with the terms of this Add-Ons Guide: (a) generate and review with End User, a quarterly security assessment of End User’s service environment: and (b) use commercially reasonable efforts to assist with remediation of any issues highlighted by the security assessment. “Resilience Service Activation” means the date Pure begins rolling out this service to all End Users who purchase this Add-On, to be no later than November 1, 2024.

1.2  Cyber Recovery Description. Upon Add-On Activation (as defined below), Pure will, subject to the End User’s compliance with the terms of this Add-Ons Guide: (a) establish a documented recovery plan in place with End User to address a ransomware incident or disaster (the “Recovery Plan”); (b) confirm the accuracy of the Recovery Plan with the End User within 48 hours of Pure’s receipt of a Sev-1 ticket informing Pure of a cyber security incident or disaster; (c) ship recovery Service Infrastructure pursuant to the schedule set forth in Section 1.3 below, once Pure has: (i) confirmed the accuracy of the Recovery Plan with the End User; (ii) determined that Evergreen//One Service Infrastructure was affected by a cyber security incident or disaster; (iii) determined that End User has followed the Recovery Plan so as to avoid any delays in shipment, delivery, or Pure’s ability to deliver any SLAs; and (iv) Pure has validated that they will be allowed on site with remote access; (d) deploy a Pure Services Engineer who will arrive within one (1) business day of End User taking delivery of the recovery Service Infrastructure to assist with recovery efforts, at a maximum effort of eight (8) hours per 24 hour period, for a total of 80 total hours (combined on-site and remote); and (e) provide an eight (8) TiB/hour data transfer rate from the affected Service Infrastructure to the recovery Service Infrastructure. Notwithstanding anything to the contrary herein, End User acknowledges and agrees: (1) End User is solely responsible for determining which snapshots to use as part of any recovery; and (2) that Pure’s obligation to deploy any personnel to an End User site is dependent on Pure’s reasonable discretion in ensuring that, at a minimum: (i) the End User location is accessible pursuant to applicable US immigration laws and export regulations; and (ii) Pure is comfortable with the the safety and security of the Pure personnel deployed to the End User location.

1.3   Shipment Schedule. Subject to the terms of this Add-Ons Guide, Pure shall ship recovery Service Infrastructure pursuant to the following schedule: (i) next business day for North America and EMEA; and (ii) three (3) business days for Asia and Australia/New Zealand. Expedited shipping may be available depending on region. End User acknowledges and agrees that any location utilized for recovery must support deployment of Evergreen//One, otherwise, End User is responsible for all fees, taxes, or levies required to support the deployment.

1.4  Service Credit. Pure will provide a 100% Service Credit for one (1) month’s billing on the Licence with the Add-On, if subject to the requirements and limitations set forth below, Pure fails to comply with: (a) its obligations to provide the Cyber Resilience services described in Section 1.1; or (b) its obligations to provide the Cyber Recovery services described in Section 1.2.

1.5  Add-On Activation and End User Requirements. Add-Ons are activated 28 days following order acceptance for the Add-On. The Evergreen//One End User shall comply with all of the following to be eligible for the Evergreen//One Cyber Recovery Add-On: (a) SafeMode is enabled on all volumes for a minimum 14 day retention period; (b) the Add-On is applied to the entire Evergreen//One subscription; (c) End User cooperates in the creation of the Recovery Plan upon Add-On activation; (d) End User cooperates in any validation of the Recovery Plan as requested by Pure; (e) End User returns the affected Service Infrastructure within 180 days from creating the support ticket with Pure; and (f) be in material compliance with all outstanding payment obligations.

1.6  Add-On Eligibility and Minimum Reserve Commit Size.

2.  SITE REBALANCE ADD-ON.

2.1   Site Rebalance Description. Subject to Pure-authorized reseller availability, this Evergreen//One Add-On allows End Users the flexibility, once every 12 months, to consolidate, rebalance, or redeploy their Reserve Commitment across their Environment purchased from the same Pure reseller, within the same Subscription Tier as listed in the Evergreen//One Product Guide. This allows End Users to optimise their environment by rebalancing or redeploying Reserve Commitment between these licenses when the End User is overutilizing or underutilizing the Subscription’s Reserve Commitment. End User acknowledges and agrees that utilizing End User is exclusively responsible for providing a revised PO to Pure’s authorized reseller, and working in good faith with Pure’s authorized reseller to ensure there are no interruptions in payment associated with any adjustments to any invoices or to account for End User’s tax liability. For the sake of clarity: the Site Rebalance Add-On does not permit the early termination, any reduction of value (either monthly or in the aggregate), or reducing the Reserve Commitment to below the minimums of any subscription tier, however the rebalance may result in a TiB change in the Reserve Commitment. Meaning, that the overall Service Term and Reserve Commitment, measured at the Environment Level is not reduced in any way according to Pure’s reasonable discretion.

2.2  Add-On Activation - Existing Subscriptions. End Users may add the Site Rebalance Add-On to any subscription renewal or expansion of a minimum three (3) years, provided that the renewal or expansion exceeds the Site Rebalance Minimum Reserve Commitment.

2.3   Add-On Activation - New Subscriptions. End Users may add the Site Rebalance to any new subscription of a minimum three (3) years, provided that the renewal or expansion exceeds the Site Rebalance Minimum Reserve Commitment.

2.4  Guaranteed Add-on Availability. Pure guarantees the availability of this Site Rebalance SLA for the following Subscription Tiers at the applicable Minimum Reserve Commitment, otherwise Pure will provide a 100% Service Credit for one (1) month’s billing on the Licence with the Add-On.

2.5   Service Infrastructure Moves and Shipment. Pure ships and installs any new or additional Service Infrastructure it determines is reasonably required to account for any Site Rbalance activity, provided that such activity is within Subscriptions that co-terminate.

2.6   End User Requirements. End Customer is responsible for any and all costs, including any applicable taxes, including any additional transactions or costs related to any import or export required to facilitate a rebalance or any movement of Service Infrastructure required for movement between Sites. .

3.  SERVICE CREDITS.

3.1   Service Credit Requirement.  The commitments listed above are contingent upon the following: (a) End User submitting a Sev-1 ticket; (b) Pure determining “Cyber Security Incident” in the Root Cause Analysis (“RCA”) for the underlying cause of the End User’s issue under the Cyber Resilience and and Recovery Add-On; or (c) Pure determining “Site Rebalance Not Available for End User Subscription Tier” for the Site Rebalance Availability Guarantee; and (d) the RCA must not find that End User was a cause, in whole or in part, to any miss of the commitments described above. Notwithstanding anything to the contrary in the Agreement, the maximum Service Credit that End User may earn shall not exceed 10% of the highest Reserve Commitment for any year during the applicable Service Term.

3.2   Application of Service Credits.   Credits can only be applied: (a) if End User complies with Pure’s Evergreen//One Upgrade Policy; (b) to invoices for Evergreen//One issued subsequent to when the credit was earned, and (c) to the affected System. Credits shall not: (i) be applied to anything other than as described in this Agreement; (ii) combined with any other credits earned, incentives, or discounts offered by Pure; (iii) be issued as cash or a cash rebate in lieu of a credit, even if the subscription is not being renewed; and (iv) be valid after the expiration of termination of the subscription.

4.   GENERAL TERMS. This Evergreen//One Add-Ons Guide supplements the Pure End User Agreement (or other written agreement covering the same subject matter executed by Pure) for the applicable subscription purchased by End User. Capitalized terms not specifically defined in these Terms have the same meaning as in the End User Agreement.