ATTENTION: IF YOU DO NOT ACCEPT THESE TERMS OF USE (“AGREEMENT”), DO NOT VISIT, ACCESS AND/OR USE THE SITE AND/OR SERVICES. USING THE SITE AND/OR SERVICES INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS OF USE.
THE SITE, SERVICES, AND MOBILE APPS ARE PROVIDED "AS-IS" AND AS AVAILABLE AND PURE STORAGE, INC., ITS SUBSIDIARIES AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
These Terms and Conditions (the “Terms”) are a legal contract between You and Pure Storage®, Inc., its subsidiaries (such as Portworx®), vendors and affiliated companies (“Pure”, “we”, “our” or “us”) and govern your use of websites and mobile applications offered by Pure that include an authorized link to these Terms, such as all content, including, but not limited to, text, data, information, graphics, logos, photographs, screen shots, videos, APIs, as well as any support and professional services that Pure may make available to you through www.purestorage.com, Pure1®, Pure subdomains (e.g. support.purestorage.com, blog.purestorage.com) and other authorized password protected and non-password protected distribution channels (“Site”), unless different terms are present. The Site generally provides information about Pure’s storage products and services, including product, support and services content and documents, community content, forums, and blogs collectively, and third-party storage products and services (as more fully described in Section 6 of this Agreement) with all other services provided through the Site.
You, as the user of the Site ("Your" and "You"), represent and warrant that you have the right, authority, and capacity to enter into this agreement, personally or on behalf of your company, and to bind you and your company to the terms of this agreement. If you are under 18 years of age but are at least 13 years old (a “Minor”), you represent and warrant that you are using the Site with the consent of a parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Pure if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit or receive any information via the Site. The Site is not open or available to residents of any country that is subject to any U.S. sanctions or otherwise prohibited or restricted by law. If you do not agree with any or all of the provisions of this agreement, please do not access and/or use the Site.
If you are a customer, by purchasing and using any Pure’s products and services (and related support) or by participating in any Pure’s pre-release (e.g. Alpha, Beta) or other programs, You may be subject to separate agreements between You and Pure. In addition, certain Pure software and applications may be subject to different and/or additional license terms, which shall govern the use of such software or applications. By using the Pure1 platform, You acknowledge that You are a Pure customer and hereby accept, agree to, and confirm that You have authority to accept the Pure Storage End User Agreement located here.
1. PURE1 AND PASSWORD RESTRICTED SITES
A. Account Creation. In order to use certain features of the Site, including accessing Pure1 or other Sites intended for Pure’s customers or partners, You must register for an account with Pure ("Pure Account") and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information You submit is truthful and accurate; and (b) You will maintain the accuracy of such information. You may delete Your Pure Account at any time, for any reason, by making a request at the site from this link. Pure may suspend or terminate Your Pure Account in accordance with Section 10.
B. Account Responsibilities. You are responsible for maintaining the confidentiality of Your Pure Account login and password information and are fully responsible for all activities that occur on Your Pure Account. You agree to immediately notify Pure of any unauthorized use, or suspected unauthorized use of Your Pure Account or any other breach of security. Pure cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements. You represent and warrant that You will not transfer Your password, as it is not transferable. You are responsible for creating and maintaining the security and access to Your password. Pure is not liable for any unauthorized access to Your account due to Your failure to maintain a secure password.
2. SITE
A. License. Subject to the terms of this Agreement, Pure grants You a non transferable, non-exclusive, license to use the Site and Services (excluding support documents) for Your internal, noncommercial use; Pure grants each user with a Pure Account a non-transferable, non-exclusive, license to use and reproduce a reasonable number of copies of the support documents solely to support such user's use of the Site and Services. If you breach any of these Terms, this license may be terminated automatically or at Pure’s discretion and you must immediately destroy any downloaded or printed documents.
B. Certain Restrictions. The rights granted to You in this Agreement are subject to the following restrictions: (a) You shall not license, sell, rent, lease, transfer, copy, assign, distribute, host, or otherwise commercially exploit the Site, including the support documents; (b) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) You shall not access the Site in order to build a similar or competitive service, or perform any performance or benchmark tests; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site content must be retained on any copies.
C. Modifications. Pure reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that Pure will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.
3. USER CONTENT
A. User Content. Any personal information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that You submit, upload, post or otherwise make available on or through the Site (“User Content”) is Your responsibility. You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content you provide to the Site. You have full responsibility for each submission of User Content, inc`1luding its legality, reliability and appropriateness.
B. User Content License. Unless otherwise explicitly stated herein or in Pure’s Privacy Policy, you agree that any User Content provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You hereby grant to Pure a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute any or all of your submissions of User Content, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the User Content. Pure may modify or adapt Your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. Pure agrees to use any personally identifiable information contained in any of your User Content in accordance with Pure’s Privacy Policy. You agree that Your User Content shall not be in violation of the Acceptable Use Policy stated herein. Pure is not required to monitor, police or remove any User Content or other information submitted by you or any other user.
C. Feedback. If You provide any feedback or suggestions regarding Pure’s products or services, releases and pre-releases, or the Site ("Feedback"), You hereby assign to Pure all rights in the Feedback and agree that Pure shall have the right to use such Feedback and related information in any manner it deems appropriate. Pure will treat any Feedback You provide to Pure as non-confidential and non-proprietary. You agree that You will not submit to Pure any information or ideas that You consider to be confidential or proprietary.
4. ACCEPTABLE USE POLICY
A. You agree not to use the Site to collect, upload, transmit, display, or distribute any information (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, database right, or any other intellectual property or proprietary right; (b) that is unlawful (or likely to promote any unlawful activity), harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, fraudulent, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any animal, group or individual) or otherwise objectionable material of any kind or nature or which is harmful or attempting to be harmful to minors in any way; (c) in violation of any applicable local, national or international law, regulation, or obligations or restrictions imposed by any third party; (d) that is not related to Pure’s business, products or services or (e) that is contrary to Pure’s public image, reputation or goodwill unless prohibited by law.
B. In addition, You agree not to use the Site to: (a) upload, transmit, or distribute any computer viruses, Trojan horses, computer worms, time-bombs, keystroke loggers, spyware, adware, malware, trapdoors, spamming, or any other software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, hoax, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, damage or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site, through password mining or other means; (f) harass or interfere with another user's use and enjoyment of the Site or Services; (g) use or access the Site in order to build a similar or competitive service or perform any performance or benchmark tests; or (h) take any action which effects an unreasonable or disproportional load on Pure’s Site or infrastructure.
C. Pure reserves the right, but has no obligation, except as required by law, to review any User Content, investigate, and/or take appropriate action against You in our sole discretion (including removing or modifying Your User Content, terminating Your Pure Account in accordance with Section 10, and/or reporting You to law enforcement authorities) if You violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
5. INDEMNITY. You agree to indemnify and hold Pure and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Pure or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party. You agree to allow Pure to take control of any defense associated with such claim or demand.
6. THIRD PARTY SITES. The Site might contain links to other websites that are not owned and operated by Pure (collectively, "Third Party Sites"). Such Third Party Sites are not under the control of Pure and Pure is not responsible for any Third Party Sites. Pure provides these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You use all Third Party Sites at Your own risk. When You select a link to a Third Party Site provided by a third party, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites.
7. RELEASE. To the fullest extent permitted by law, You hereby release and forever discharge Pure (and its officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions and causes of action of every kind and nature, that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, Your User Content other Site users or Third Party Sites. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
8. DISCLAIMER OF WARRANTIES
PURE (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SITE : (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL PURE (AND ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PURE’S (AND PURE’S SUPPLIERS') LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. TERM AND TERMINATION
Subject to this Section, this Agreement will remain in full force and effect while You use the Site. Pure may (a) suspend Your rights to use the Site (including Your Pure Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site in violation of this Agreement. Upon termination of this Agreement, Your Pure Account and right to access and use the Site will terminate immediately. You understand that any termination of Your Pure Account may involve deletion of Your User Content associated therewith from our live databases. Pure will not have any liability whatsoever to You for any termination of this Agreement, including for termination of Your Pure Account or deletion of Your User Content.
11. COPYRIGHT POLICY.
A. General. Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Pure. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license. Excluding Your User Content, You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site are owned by Pure or Pure's licensors. The documents and other information and content available on the Site are protected by intellectual property laws throughout the world. The provision of the Site does not transfer to You or any third party any rights, title or interest in or to such intellectual property rights. Pure and its suppliers reserve all rights not granted in this Agreement.
B. Trademarks. Pure Storage, Portworx, their logos and names of associated products and services offered by Pure are the trademarks of Pure in the U.S. and other countries. Pure's trademarks may not be used without Pure's written permission. Other trademarks, service marks, and trade names that appear on the Site may be registered marks of their respective owners and You are not permitted to use them without the consent of such owners.
C. Copyrights. Pure respects the intellectual property of others and asks that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site and Services who are repeat infringers of intellectual property rights, including copyrights. If You believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
1. Your physical or electronic signature;
2. identification of the copyrighted work(s) that You claim to have been infringed;
3. identification of the material on our services that You claim is infringing and that You request us to remove;
4. sufficient information to permit us to locate such material;
5. Your address, telephone number, and e-mail address;
6. a statement that You have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury, that You are either the owner of the copyright that has allegedly been infringed or that You are authorized to act on behalf of the copyright owner.
D. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for Company is: Sui Duong
Address of Agent: 2555 Augustine Dr., Santa Clara, CA 95054
Email: copyrights@purestorge.com
12. GENERAL
A. Changes to Agreement. Pure may review and change the terms and conditions of this Agreement periodically as appropriate. Continued use of Pure’s Site or Services following such changes shall indicate Your acknowledgement of such changes and agreement to be bound by the terms and conditions of this Agreement.
B. Export. The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the materials to countries or persons prohibited under the export control laws. By downloading any materials, You represent that You are not in a country where such export is prohibited and that You are not on the US Commerce Department's Denied Persons List (or any other Lists of Parties of Concern) or the US Treasury Department's list of specially-designated Nationals. Any products, goods, technology or services of Pure provided to You through this site are provided in accordance with U.S. Export Regulations, diversion contrary to U.S. law is prohibited.
C. Governing Law. This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
D. Privacy. By submitting personal data through the Site or Services, You agree to the terms of Pure's Privacy Policy.
E. Entire Agreement. This Agreement constitutes the entire agreement between You and us regarding the use of the Site. Any failure by Pure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither Pure nor You is an agent or partner of the other. This Agreement, and Your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by You without Pure's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 5-12.
