These Pure Storage on Equinix Metal Terms of Use apply to the provision of Evergreen//One Subscriptions as part of the Equinix Bare Metal Service, as set forth in the applicable quote.
1. ACCESS AND USE. In addition to the rights set forth in the Evergreen//One Terms of Use, Pure hereby grants End User a non-exclusive, non-transferable right to provide the Pure Storage on Equinix Metal ("Bare Metal Services") to its third-party customers ("Bare Metal Services Customers").
2. RESTRICTIONS. End User shall not directly or indirectly (i) reproduce, modify, distribute, assign, disclose or make available any portion of Evergreen//One (and any related documentation) to any third party (except as otherwise authorized herein); (ii) swap, move, or change any service Infrastructure with any other Pure-branded hardware, either from a separate purchase or separate Subscription, (iii) use Evergreen//One following the expiration or termination of a Service Term; (iv) rent or lease any portion of the Evergreen//One subscription unless authorized by Pure in writing; (v) sublicense, or any version therof of any portion of the Evergreen//One subscription, except as set forth in Section 1 of these Pure Storage on Equinix Metal Terms of Use (v) reverse engineer, decompile, or disassemble any portion of the Evergreen//One subscription or any Service Infrastructure, or otherwise attempt to decrypt, extract or derive source code for, or any algorithms or data structures embodies within, any portion of the Service Infrastructure (except to the extent the foregoing restriction is expressly prohibited by applicable law); (vi) use Evergreen//One to develop a competitive product or service; (vii) transfer or copy any Service Infrastructure, or use any Pure software on, any other product or device not provided by Pure as part of an Evergreen//One subscription, even if that product or device is Pure-branded, or purchased from Pure or a Pure authorized reseller; or (viii) publish or disclose to any third party any technical features, performance or benchmark tests, or comparative or competitive analyses relating to any Service Infrastructure, except for internal use by the End User or as may be authorized by Pure in writing. End User shall remain fully and primarily responsible to Pure for compliance with this Agreement if End User permits any third party to access Evergreen//One. Any future release, update, or other addition to functionality of the Pure software or Evergreen//One, made available by Pure to End User shall be subject to these Terms, unless Pure expressly states otherwise. End User shall preserve and shall not remove, obscure or alter any copyright labels required by law or other proprietary notices in any Pure software, hardware, Products or related documentation.
3. SUPPORT. All Pure Storage on Equinix Metal subscriptions are delivered with 365 X 24 x 7 support, with 4-hour response times, as described in Pure’s Customer Support Guide, provided that any request for support is initiated with the Equinix Bare Metal Support Team.
4. GENERAL TERMS. These Terms supplement 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. Pure reserves the right to update these Terms from time to time, as noted by the “Last Updated” date below.
