These Hardware Products Terms of Use (“Hardware Terms”), apply to any capital purchases of Pure’s hardware Products.
1. PURCHASED HARDWARE. Except as set forth in Section 2 of these Hardware Terms, title to any Pure hardware purchased by End User transfers to End User when purchased from a Pure authorized reseller.
2. OPERATING SOFTWARE LICENSE. Subject to End User’s compliance with the Agreement, Pure grants to End User, and any third party that End User authorizes to perform Services involving the Product solely for End User’s benefit, a nontransferable, nonexclusive, royalty-free, perpetual license to use and execute the Pure software provided with, or incorporated in, the Pure hardware, in executable object code format only, and solely for use in accordance with the applicable Product documentation and Product SKU description. Pure may make software updates and new releases available for installation by the End User and such updates will be subject to the terms of the Agreement.
3. COMPONENT MOVES. End User acknowledges and agrees that: (a) the amounts charged for the applicable Evergreen//Forever subscription (or Evergreen//Foundation, as applicable) and the license granted in Section 2 herein are tied directly to the hardware configuration and software license at the time of the applicable Product purchase; and (b) any modification, swap, or change to any component (even of the same configuration size), or any change in capacity or controllers without Pure’s explicit consent is strictly prohibited and will void any warranties and future eligibility to maintain the license grant, and may entitle Pure to charge a true-up (the “True-Up Charge”) to account for a change to the components in the System, to maintain the license grant, and the applicable Evergreen subscription. End User shall pay the authorized reseller End User for any such adjustment, if and when applicable.
4. CAPACITY REPLACEMENT. Pure may replace capacity as part of delivering any support or maintenance to any hardware Products the size of which may exceed the replaced capacity. End User acknowledges and agrees that: (a) the license grant provided as part of the hardware purchase is limited to the size of the capacity deployed at the time of purchase; and (b) it does not have the permission to utilize any portion of any replacement capacity that exceeds the amount purchased by End User, even if delivered and installed as part of any part replacement.
5. HARDWARE WARRANTY. Subject to Section 7 of these Hardware Terms, Pure warrants that the hardware Products will perform in substantial accordance with the corresponding documentation for three years from the date of shipment by Pure. Any Evergreen//Forever Subscription benefits purchased extend beyond the limited warranty for the Pure hardware for the term purchased by End User.
6. OPERATING SOFTWARE WARRANTY. Subject to Section 7 of these Hardware Terms, Pure warrants that the software will perform in substantial accordance with the corresponding documentation for 90 days from the date of shipment by Pure. Any Evergreen//Forever Subscription benefits purchased extend beyond the limited warranty for the term purchased by End User. In addition, Pure provides to End User security vulnerability fixes in active release trains that are not classified as end of engineering support. End User may be required to install newer software versions to receive any such continued support.
7. LIMITED WARRANTY PROCESS. End User may contact Pure via email at support@purestorage.com or phone at +1 (866) 244-7121 for warranty service. If a return is required, End User must obtain a return material authorization number from Pure and return the Product in secure packaging, freight prepaid, as instructed by Pure. Under the hardware warranty, Pure, at its option, either (a) will repair or replace any defective Product with Product or components of equal or greater functionality as the returned Product, or (b) will refund the purchase price paid to Pure for such Product, reduced on a straight-line basis over a three-year life. Replacement Products or components will continue to be warranted for the remainder of the applicable warranty term. Repair, replacement or refund is the sole and exclusive remedy for breach of this warranty. Under the software warranty, Pure will provide End User access to bug fixes and emergency patches. This warranty is provided to the original End User only and is not transferable.
8. WARRANTY EXCLUSIONS. The warranties herein do not cover defects or damages resulting from: (a) use of Products other than in a normal and customary manner in accordance with Pure’s Documentation; (b) physical or electronic abuse or misuse, accident, or neglect; (c) alterations or repairs made to Products that are not authorized by Pure in writing; (d) damage caused during shipping; or (e) damage caused by fire, flood, or environmental faults. Pre-Release Products are provided without warranty or liability of any kind, for use at End User’s own risk. Pure will use reasonable efforts to destroy (but have no liability for any loss or inadvertent disclosure of) data stored or remaining on a Product returned to Pure. Under these Hardware Terms, all returned Products and components become the property of Pure. Pure does not honor any warranties or support contracts for Products purchased through grey market channels (i.e. sources and/or sales channels other than authorized Pure resellers, regardless of what may be advertised).
9. FLASHEXPRESS PURCHASES. The following terms apply to any purchases of the FlashExpress Product.
9.1 Standard Data Reduction and Additional Capacity. FlashExpress purchases are to only be used on End User workloads that receive a minimum of 2:1 data reduction, as reported in Pure1 and specifically excludes any PRE Data. “Pre-Reduced or Encrypted (PRE Data)” means data stored or written to any FlashExpress purchase that has been pre-encrypted, pre-deduped, or pre-compressed upfront, or any workloads, the majority of which, result in data reduction of less than 2:1, as determined by Pure1. Pure will provide additional capacity to the FlashExpress, if at any time during the first 12 months following the purchase, the following are all reported simultaneously via Pure1: (a) the FlashExpress system experiences a data reduction ratio of less than 4:1; (b) the FlashExpress system has reached a minimum of 60% utilization; and (c) all datasets on the array are experiencing 2:1, or greater, data reduction.
9.2 Cloud Block Store Subscription. Purchases of FlashExpress include a Promotional 12-month, Subscription to Cloud Block Store on either AWS or Microsoft Azure. This Promotional Cloud Block Store subscription: (a) cannot be canceled or terminated for convenience once activated; (b) must be activated within 3 months from the date FlashExpress was purchased; (c) includes a Reserve Commitment set forth in the applicable SKU; and (d) is governed by the Public Cloud Terms. Pursuant to those terms, any utilization of the Cloud Block Store subscription above the Reserve Commitment, incurs On-Demand charges at a rate not to exceed $.10 per GiB. the Reserve Rate.
10. End of Product Lifecycle and Upgrade Policy. All Pure Products and services are subject to Pure’s End-of-Product Lifecycle Overview, which sets forth Pure’s Product Lifecycle Policy. Additionally, as long as a valid and up-to-date Evergreen Subscription is in place, all versions of Purity are supported but fixes will only be delivered via a maintenance update to the then-current non EoL version of Pure Storage Operating Environment (OE).
11. GENERAL TERMS. These Hardware Terms supplement the Agreement (or other written agreement covering the same subject matter executed by Pure) for the applicable hardware Product purchased by End User. Capitalized terms not specifically defined in these Hardware Terms have the same meaning as in the Agreement. Pure reserves the right to update these Hardware Terms from time to time, as noted by the “Last Updated” date below.
