These Evergreen//One Terms of Use (“Terms”), formerly referred to as the Pure as-a-Service Terms of Use or Subscription Services Addendum, apply to the provision of a subscription service whereby Pure-owned products and services are provided to the End User on a consumption basis pursuant to these Terms (collectively “Evergreen//One”). For the sake of clarity, these terms apply to any subscriptions to “Pure as-a-Service” or “Evergreen Storage Service” or “ES2”.

1.  EVERGREEN//ONE PRODUCT GUIDE. This Evergreen//One Product Guide describes the subscription types, service duration, and service level obligations for all Evergreen//One subscriptions.

2.  SUBSCRIPTION ADD-ON. End User may purchase an Evergreen//One Subscription Add-On as described in the Evergreen//One Add-Ons Guide.

3.  CLOUD BLOCK STORE OR SUBSCRIPTIONS ON PUBLIC CLOUD. Terms governing usage or purchase of Cloud Block Store or an Evergreen//One subscription, on or from a public cloud, are set forth in the Public Cloud Terms. These Cloud Terms apply only if purchasing a public cloud subscription or using any portion of the Evergreen//One subscription in a public cloud. End Users may request that their Cloud Block Store subscriptions be transitioned to a //Unified Block & File Performance Evergreen//One subscription delivered with Service Infrastructure in the End User’s data center, provided that the minimum Reserve Commitment being moved is 50 TiB.

4.  PURE STORAGE ON EQUINIX METAL. Terms governing the usage or purchase of Pure Storage on Equinix Metal are set forth in the Pure Storage on Equinix Metal Terms.

5.  ACCESS AND USE. Subject to these Terms and the applicable quote, Pure grants to End User, and any third party that End User authorizes to perform services involving Evergreen//One solely for End User’s benefit, a nontransferable, nonexclusive, revocable right to: (a) access and use Evergreen//One, and (b) download, install, and use, in executable object code format only, any Pure plug-in or software Pure deems necessary to for End User to utilize Evergreen//One.

6.  QUOTES. Quotes may include, but not be limited to the following details: (a) the applicable Service Term; (b) Reserve Commitment and Install Locations; and (c) any other use limitations associated with the Service Infrastructure. Any Pure-approved modifications to these Terms shall be set forth in writing and agreed upon between either Pure and End User or the applicable reseller.

7.  LOVE YOUR EVERGREEN//ONE SUBSCRIPTION GUARANTEE. Except for Evergreen//One subscriptions purchased through a Public Cloud Provider, the first Evergreen//One subscription purchased by End User comes with a 30-day “money back” guarantee, under which End User may be eligible to receive a full refund for the applicable Evergreen//One subscription, provided (a) End User must have performed a good-faith installation of the hardware and enabled the Pure1® phone home feature, and (b) End User must have notified Pure within 30 days of receipt of the hardware to elect for a refund, and must (i) cease use of Evergreen//One, and (ii) if applicable, return the Service Infrastructure within 10 days of such notice, in like new condition (other than normal wear and tear). Pure will pay the shipping costs for returns in accordance with Pure’s reasonable instructions. Refunds will be processed within 30 days following the later of (1) End User’s final use of Evergreen//One; or (2) Pure’s receipt of the returned Service Infrastructure. Pure reserves the right to charge reasonable refurbishing fees for damage to the Service Infrastructure while under End User’s control. If End User has conducted an evaluation of Evergreen//One, then End User has had an opportunity to evaluate Evergreen//One and is not eligible for this guarantee.

8.  SERVICE TERM.

8.1  Subscription Start Date. Except for Cloud Block Store, and unless otherwise set forth in the quote, the Service Term for all subscriptions commence as follows: (a) twenty-eight (28) days following Pure’s acceptance of the order, as identified in Pure1; or (b) upon Pure’s acceptance of the order for any renewal or modification of a subscription, as identified in Pure1. Cloud Block Store subscriptions commence one (1) day from order acceptance.

8.2  Renewal. Subscriptions automatically renew, and End User is invoiced for a 12-month renewal, unless End User provides Pure and its authorized reseller written notice of its intent not to renew the subscription at least 60 days prior to the expiration of the then-current Service Term.

8.3  Post-Service Term Usage. If any Workloads remain on the Service Infrastructure following the expiration of the Service Term, End User is not entitled to the Post Term Grace Period and shall pay a minimum Daily Rate (invoiced monthly in arrears) for each day that the Service Infrastructure is not returned. At a minimum, the Daily Rate is equivalent to End User’s Reserve Commitment plus 25% buffer capacity, at the On-Demand Rate. If there is any utilization above the Reserve Commitment plus 25% buffer capacity, End User will be charged the greater usage at the On-Demand Rate. Pure is not responsible for any performance obligations or Service Level Agreements Post-Term.

8.4  Expiration. These Terms, and End User’s rights to use Evergreen//One terminate upon expiration of the applicable Service Term.

8.5  Termination for Convenience. End User may terminate a subscription for any reason and at any time, provided that End User: (a) provides Pure 60 days’ prior written notice and (b) pays in full all Reserve Commitments outstanding from the date of termination through the end of the Service Term.

8.6  Termination for Cause. These Terms, and End User’s rights to use Evergreen//One, terminate immediately if: (a) End User fails to make timely payments for the subscription to Pure or its authorized reseller; (b) voluntary or involuntary proceedings by or against End User are instituted in bankruptcy under any insolvency law, or a receiver or custodian is appointed for the End User, or proceedings are instituted by or against the End User for corporate reorganization or the dissolution of the End User, or if End User makes an assignment for the benefit of creditors; or (c) a party materially breaches any provision of these Terms or the Agreement and fails to cure such breach within 30 days from the date of such party’s written notice to the other party. End User is only obligated to pay for Evergreen//One utilization through the date of termination if the subscription is terminated for cause pursuant to Pure’s uncured material breach as set forth in Section 8.6(c).

8.7  Effect of Termination. Upon any termination or expiration of a subscription, End User shall promptly: (a) discontinue use of Evergreen//One; (b) pay all amounts due for Evergreen//One for the duration of the Service Term, unless terminated for cause pursuant to Section 8.6(c); and (c) return all Service Infrastructure to Pure, otherwise Pure reserves the right to enter End User’s premises, or the premises where the Service Infrastructure is located, to access and retrieve that Service Infrastructure. Notwithstanding anything to the contrary herein, any amounts prepaid through the date of termination are final and non-refundable.

8.8  U.S. Federal and State Government End Users. US Government End Users may terminate a subscription, upon no less than 30 day’s prior written notice to Pure if the US Government End User terminates or suspends performance of its contract or applicable task order with the Pure authorized reseller for failing or refusing to fund or to secure appropriations to fulfill or fund its obligations under its contract with the Pure authorized reseller. Upon expiration or termination of a subscription, the US Government End User shall: (i) immediately discontinue use of Evergreen//One; and (ii) promptly return the applicable Service Infrastructure to Pure. Pure reserves the right to enter the US Government End User’s premises, escorted by the US Government End User’s personnel (as applicable), to access and retrieve the Service Infrastructure. Notwithstanding anything to the contrary, any amounts paid to Pure for Evergreen//One for periods prior to the termination date are final and non-refundable if the subscription is terminated pursuant to this Section.

9.  INCREASES TO RESERVE COMMITMENTS. Reserve Commitments may be increased by the End User at any time during the applicable Service Term. However, End User acknowledges and agrees that Reserve Commitments shall not be reduced or canceled at any time during a Service Term.

10.  SERVICE INFRASTRUCTURE.

10.1  Management. Sizing of Service Infrastructure is based on the Workload and subject to Pure’s reasonable discretion. Pure may expand, modify, substitute, replace, or remove any component of Service Infrastructure deployed to provide Evergreen//One to meet the Workload based on data reduction efficiencies Pure sees with similar end users across its install base. Pure ships Service Infrastructure following confirmation of the datacenter’s readiness, as determined by completion of Pure’s pre-site survey. All shipments are at Pure’s sole cost and expense. The Service Infrastructure must not be moved without Pure’s written consent, which shall not be unreasonably withheld. Any move performed without Pure's consent shall incur additional charges. Notwithstanding anything to the contrary in these Terms, End User is responsible for ensuring Pure’s access to the datacenter for all services Pure reasonably requires to perform on the Service Infrastructure in order to continue providing Evergreen//One.

10.2  End User Responsibilities. End User is responsible for any and all damage or loss, except for normal wear and tear, to any Service Infrastructure, from the moment of receipt by End User until returned to Pure. End User shall promptly reimburse Pure for any and all costs to replace or repair any Service Infrastructure that is damaged or lost.

11.  WORKLOAD MANAGEMENT. End User is responsible for balancing its usage of multiple Systems for a given License. Therefore, End User must balance usage across all Systems at a given License prior to Pure providing any additional capacity. For clarity, Pure may not ship additional capacity to any License unless: (a) End User has maximized usage across all Systems within the License subscription; and (b) consumption of Evergreen//One has exceeded 80% of Effective Usable capacity of the Service Infrastructure of all Systems at any given License. Notwithstanding anything to the contrary herein, (a) shipment of additional Service Infrastructure is subject to the payment of all current and outstanding invoices for Evergreen//One; and (b) Pure may require End User increase the Reserve Commitment if the End User’s daily usage (as measured by Pure1) exceeds 1.3x the then-current Reserve Commitment.

12.  SUPPORT. Evergreen//One subscriptions are delivered with 365 X 24 x 7 support, with 4-hour response times, as described in Pure’s Customer Support Guide.

13.  FEE STRUCTURE AND INVOICING CADENCE.

13.1  Reserve Commitment Charges. Reserve Commitments are a fixed charge, billed in advance per License at the corresponding Reserve Rate on either a monthly, quarterly, or annual basis.

13.2  On-Demand Charges. On-Demand usage is a variable charge, billed in arrears on a calendar quarterly basis unless otherwise agreed in writing, based on End User’s average daily Effective Usable consumption of the subscription in excess of the Reserve Commitment per License, at the corresponding On-Demand Rate.

13.3  Pre-Reduced or Encrypted (PRE) Data. For SDR subscriptions, End User does not incur additional fees for PRE Data, provided the License’s PRE ratio is a minimum of 2:1 or higher as reported in Pure1, and in Pure’s reasonable assessment, additional Service Infrastructure is not required to allow End User to consume Evergreen//One. End User is required to upgrade, at an additional charge, the SDR subscription to a PRE subscription if the License PRE ratio falls, and remains below 2:1 for a period of 6 months or longer, as reported in Pure1 (the “PRE-Grace Period”). End User is required to upgrade to a PRE Subscription if the License-level PRE ratio remains below 2:1 following the PRE Grace Period. PRE subscription tiers are priced higher than their SDR counterparts, with the final price determined between End User and Pure or Pure’s authorized reseller, as applicable. For the sake of clarity, and to avoid confusion, End User acknowledges and agrees that Pure is under no obligation to ship additional capacity or allow any expansion of the Service Infrastructure or subscription, if the License PRE ratio is below 2:1 as reported in Pure1, unless End User upgrades the SDR subscription to the applicable PRE subscription.

13.4  Pure1 Connectivity Charges. End User will be charged a fee equivalent to 100% of all Effective Usable capacity deployed at the On-Demand Rate, invoiced in arrears on a calendar quarterly or monthly basis for failure to connect Pure1, as described in Section 14 of these Terms.

14.  PURE1 CONNECTIVITY REQUIRED. 

14.1 Pure1 Data Transmission. Pure1 is an integral component of Pure’s delivery of Evergreen//One that provides Pure1 Data. End User acknowledges and agrees that the rates charged for all subscriptions, and for End User to comply with these Terms, Pure must receive Pure1 Data. Therefore, to the extent within End User’s reasonable control, End User shall ensure that Pure1 Data transmission to Pure is not disabled. Pure reserves the right, upon prior notice, to exercise any of the following remedies if Pure1 is disabled in excess of 4 consecutive days in any 30-day period during the Service Term: (a) demand payment of the Pure1 Connectivity Charge to Pure or Pure’s authorized reseller for the period of time Pure1 is disabled; or (b) upon 15 days’ prior written notice, suspend or terminate the subscription.

14.2 Pure Edge Services. Pure Edge Services is an integral component of Pure’s delivery of Evergreen//One that provides management capabilities to Pure for the purpose of ongoing delivery of the Service, and maintenance of the Service Infrastructure, and is a requirement to receive the Services as described in the Product Guide with the applicable SLAs. End User acknowledges and agrees that: (1) it will comply with these Terms and; (2) Pure must be able to manage the Service using Pure Edge Services, for Pure to deliver the Service according to these Terms. Therefore, to the extent within End User’s reasonable control, End User shall enable or allow Pure to enable Pure Edge Services, and ensure that Pure Edge Services are not disabled. Pure reserves the right, upon prior notice, to exercise any of the following remedies if Pure Edge Services is disabled in excess of 4 consecutive days in any 30-day period during the Service Term: (a) demand payment of the Pure1 Connectivity Charge to Pure or Pure’s authorized reseller for the period of time Pure1 is disabled; or (b) upon 15 days’ prior written notice, suspend or terminate the subscription.

15.  TITLE. Pure and its suppliers exclusively retain all right, title, and interest in all Service Infrastructure, the embedded software, and all intellectual property rights therein, including without limitation all patent, trademark, trade secret, know- how, trade name and copyright, whether registered or not registered. Pure and its suppliers reserve all rights not expressly granted herein, and no license or other implied rights of any kind are granted or conveyed except for the limited right to access and use Evergreen//One, as described herein. Evergreen//One remains Pure’s sole and exclusive personal property, and End User shall not encumber, sell, or otherwise dispose of the Evergreen//One without having received prior written authorization from Pure.

16.  DARK SITES AND NON-RETURNABLE FAULTY DRIVES. 

16.1  Dark Sites. End User may be subject to Government or corporate security policies (collectively, “Dark Site Security Policies”) such that connectivity to Pure1 is not possible. End User may purchase the PAAS-DARK-SITEMETERING SKU, such that in lieu of being connected to Pure1, End User personnel shall provide telemetry logs (the “Logs”) on a monthly basis identifying the following information regarding End User’s daily usage: (a) average collected totals for daily amount consumed; (b) effective PRE Ratio for each day, (c) System utilization information to assess if there is need for more capacity and (d) any other information reasonably requested by Pure. If End User fails to provide the Logs, then Pure may exercise any of the following options: (i) demand payment equivalent to 100% utilization of the subscription by End User for any and all periods that Pure1 is not enabled in excess of four days during any 30-day period; or (ii) suspension or termination of the subscription, provided that Pure notify End User prior to any such suspension or termination.

16.2  Non-Returnable Faulty Drives. End User may be unable to return faulty SSDs. Therefore, End User may purchase the PAAS-FAULTY-DRV-RETN SKU, permitting the End User to retain any faulty SSDs that Pure replaces. End User acknowledges and agrees that if End User fails to remove any information or data stored on any returned Service Infrastructure: (a) Pure is not liable to End User; and (b) Pure has the right to destroy that information or data.

17.  EVERGREEN//ONE PRODUCT GUIDE SERVICE LEVEL AGREEMENT TERMS.

17.1 Environmental Requirements. End User must satisfy the following environmental requirements in order to be eligible for any Evergreen//One Service Level Agreement or any other performance expectation: (a) FC or NVMe-oF for //Unified Block & File and NFSv3 for //UFFO; (b) End User workloads achieving MB/s/TiB or IOPS/TiB targets but not necessarily both simultaneously; (c) Host/SAN configurations must follow Pure’s best practices; (d) workloads balanced across all Systems, with each at 95% utilization or higher as described in Pure1; and (e) have Pure Edge Services enabled.

17.2 Expected Performance. The performance metric set forth in the Evergreen//One Product Guide are based on the average reads/writes as measured in terms of MB/s/TiB and IOPS/TiB (IOPS = average IO size divided by 16KiB, per second) of the applicable Reserve Commitment, or the Effective Used Capacity measurement, whichever is higher. The expected performance numbers for //UFFO subscriptions are based on a 70:30 R/W workload at full concurrency for NFSv3. The expected performance numbers for //Unified Block & File Services are applicable to FC & NVMe-oF block performance.

17.3 Uptime Calculations. Uptime percentage is calculated at the License level based on 24 hours a day, across a fully completed calendar month, calculated as follows: Uptime Percentage = (Total Seconds in Calendar Month) - (Downtime/Seconds) / Total Seconds in a Calendar Month. Routine controller failovers are excluded from the calculation. //UDR & //UBF File access centric connections with intrinsic protocol timeout characteristics are excluded from the uptime calculation if native protocol implementation does not support service failovers. For any Service Credit to apply, (i) the applicable System must have been active and running for the completed service month preceding the outage; and (ii) host multipathing must be set up for best practices.

17.4 Zero Planned Downtime. All licenses are delivered with zero planned downtime and no disruption to the SLAs, for Purity upgrades and any Service Infrastructure expansions or upgrades as performed by Pure, and therefore End User may be entitled to a Downtime Credit equal to 100% of the monthly charges for the corresponding Effective Used Capacity on any System that experiences Planned Downtime. Uptime During Maintenance is calculated as follows: (Total Seconds During Maintenance) – (Seconds of Uptime During Maintenance) for a completed month of service. Routine controller failovers are automatically excluded from uptime calculations. //UDR & //UBF File access centric connections with intrinsic protocol timeout characteristics are excluded from the uptime calculation if native protocol implementation does not support service failovers. Eligibility for a Service Credit may not apply to: (a) End User-driven Service Infrastructure moves, data center maintenance or shutdowns; (b) issues arising out of any equipment, software, or any other technology neither owned nor supplied by Pure; or (c) issues arising out of Pure’s reasonable control.

17.5 Buffer Capacity. End User will receive 25% buffer capacity over the then-current Effective Used or Reserve Commitment (whichever is higher), up to 1PiB, in increments up to 100TiB at a time. End User shall provide its On-Demand forecast to Pure for provisioning additional capacity ahead of usage exceeding 80% of the Reserve Commitment as a condition of Pure meeting this SLA. All Systems in the License must be fully utilized, and End User must cooperate with Pure in the timely deployment of buffer capacity. Service Credits are prorated for the number of days that Buffer Capacity does not support host or Purity replication operations. For example, if Buffer Capacity is unavailable for two (2) whole days, End User receives a 3% credit for that service month.

17.6 Performance. All Systems in the License must be fully utilized. Calculated at the License level monthly, based on 24 hours a day, 7 days a week, calculated as follows: Availability = (Total Seconds in Calendar Month) - (Time in Seconds Performance Not met) / Total Seconds in a Calendar Month. NOTE: Due to bandwidth and logging overhead considerations, all IOPS and MB/Sec samples are measured and reported in 30 second averages. Any 100% Service Credits are prorated for the number of days that Performance is not met. For example, if Performance is 100% unavailable for two (2) whole days, End User receives a 100% License Daily Rate credit for those two days in the month. UFFO Subscriptions initiated prior to June 8th, 2022, or delivered on the 15-blade chassis system will continue to be measured and deliver the performance agreements under which they commenced service with the following metrics: (a) UFFO Ultra: 96 MiB/s per TiB for reads and 35 MiB/s per TiB for writes; and (b) UFFO Premium: 43 MiB/s per TiB for reads and 15 MiB/s per TiB for writes. End User must demonstrate the performance was not met, for a Service Credit to apply.

17.7 Energy Efficiency. End User will experience the applicable power consumption per License, as set forth in the Evergreen//One Product Guide. License must commence with greater than initial commitment specified in the table therein. The Energy Efficiency SLA also does not apply to (a) Pure hardware purchased or transferred over from the End User; or (b) custom or non-standard configurations to the Service Infrastructure. Watts are based on a daily average of actual power consumed over a completed service month as reported by Pure. For purposes of calculating energy efficiency, “TiB” means either the Reserve Commitment plus the 25% Buffer, or the Total Estimated Effective Used (Usable * PRE Ratio) capacity for the applicable Systems in the Subscription, whichever is greater. NOTE: Watts/TiB for counterpart PRE //Unified Block & File Performance, Premium and Ultra Service Tiers are 2X the standard //Block offerings.

17.8 Paid Power & Rack Calculation. The amount of the Paid Power & Rack payment is determined by: (a) Rack units estimate, determined by Pure, of Service Infrastructure that will be required to deliver the Reserve capacity, multiplied by a fixed unit cost based on best efforts estimate as determined by Pure, and (b) the nominal power consumption by the Service Infrastructure measured in Kilowatt-Hours, multiplied by the unit electricity costs for the Service Installation location(s) country, as published by the International Energy Agency (https://www.iea.org/).

17.9 Paid Power & Rack Payment. End User must provide the payment instructions to Pure prior to the expiration date, which is defined as the Service Commencement Date, in order to receive this payment.

17.10 Paid Power & Rack Service Payment Limitations. Any payments under the Paid Power & Rack program are ineligible to be converted to additional discounts.

17.11 No Data Migration Service Credits. To the extent Pure determines that Applicable Service Infrastructure requires a data migration in lieu of a non-disruptive upgrade, Pure will provide a Service Credit. The Service Credit is based upon the Reserve Commitment Charges for any System requiring data migration in lieu of a non-disruptive upgrade for the number of months that End User has consumed its Evergreen//One Subscription, not to exceed 12 months.

17.12 Zero Data Loss SLA - Data Recovery Services. Pure will first provide Data Recovery Services to help recover the lost data, if following an analysis performed by Pure, Pure determines that data loss occurred on any Service Infrastructure, except the Excluded Products, and was caused by a Pure System being at fault.

17.13 Zero Data Loss SLA - Service Credits. Pure will provide End User with a Service Credit. if after performing Data Recovery Services, Pure determines that the data is unrecoverable. The amount of the Service Credit is based upon the Reserve Commitment Charges for the impacted System for the number of months that End User has consumed its Evergreen//One Subscription, not to exceed 12 months.

17.14 The Zero Data Loss SLA - Exclusive Remedy. The Zero Data Loss SLA is End User’s exclusive remedy, and Pure’s sole liability if any data loss occurs with an Evergreen//One subscription, and is not a substitute for any requirement for End User to ensure End User is following industry standards around managing snapshots, backups, and data protection.

18.  DEFINITIONS. 

18.1 Applicable Service Infrastructure: Service Infrastructure that Pure has deemed eligible for an upgrade to deliver the service SLAs and excludes any Excluded Products.

18.2  Effective Usable: measure of data that may be written by a host to an Evergreen//One subscription License, and any incremental unique snapshot data thereof.

18.3  Effective Used Capacity (EUC): measure of data written by a host to an Evergreen//One subscription volume, and any incremental unique snapshot data thereof.

18.4  Environment: all Systems, at all Licenses, deployed to provide a subscription.

18.5  Evergreen//One Subscription Maintenance: any update, expansion, removal, substitution, or other changes to the Service Infrastructure that do not arise as a direct result of any incident or outage of Evergreen One.

18.6 Excluded Products: Cloud Block Store, First Generation FlashBlade, any Product deployed within a dark site, and any products or hardware purchased by Pure in a buy-back or trade-in.

18.7  Install Location: a location where a System is deployed to provide the subscription.

18.8  License: a subscription in an Install Location, or a public cloud, to deliver a specific tier of service (e.g. //Unified Block & File Performance) under a single Reserve Commitment. There may be multiple Licenses in the same Install Location.

18.9  On-Demand: any utilization of a subscription, above and beyond the Reserve Commitment.

18.10  On-Demand Rate: the rate applicable to On-Demand usage.

18.11  On-Demand Used: the total amount of EUC consumed above the Reserve Commitment.

18.12  Pre-Reduced or Encrypted Data (“PRE Data”): data stored or written to any non-//UFFO or //Unified Block & File Capacity Evergreen One subscription that have been pre-encrypted, pre-deduped, or pre-compressed upfront, or any Workloads, the majority of which, result in a PRE ratio of less than 2:1, as measured and visible in Pure1.

18.13  PRE Ratio: PRE, which stands for Pre-reduced and/or Encrypted, is the most accurate measure of total data reduction efficiency and is measured at the License level, and is calculated using the array written capacity - or data written to available physical space on the array relative to the EUC. For example, if all array(s) in a license were to have a total of 1TiB of array written data and EUC was equal to 5TiB, the PRE ratio would be 5:1.

18.14  Post Term Grace Period: a 30-day period to return the Service Infrastructure granted to an End User who has removed all Workloads at the expiration or termination of the applicable Service Term. If End User returns the Service Infrastructure after the Post Term Grace Period, End User shall pay the Post-Service Term Usage for each day that the Service Infrastructure is not returned beyond 30 days.

18.15  Pure1 Data: telemetry data to Pure and subscription management tools in Pure1 for End User.

18.16 Pure Edge Services: A feature of Purity and Pure1 which allows for cloud-based management of Pure hardware and software components, and is integral to the delivery of Evergreen//One subscriptions, performance expectations, and SLAs.

18.17  Pure System at Fault: the outage was caused by Pure, in Pure’s reasonable opinion.

18.18  Reserve Commitment: As applied to Evergreen//One, the minimum usage commitment of Effective Usable capacity of the applicable Pure subscription, set and managed at the License level.

18.19  Reserve Rate: the amount charged for utilization of the Reserve Commitment.

18.20  Service Credit: credit earned on a per System basis, applied to the subscription invoice for the affected System.

18.21  Service Term: the term of the subscription, as set forth on the applicable quote or order.

18.22  SDR: standard data reduction service tiers of \\Block Performance, \\Premium, or \\Ultra.

18.23  Service Infrastructure: Pure-owned hardware and software components utilized by Pure, and installed at the Install Locations identified in the applicable quote, to deliver Evergreen//One.

18.24 Site Rebalance Minimum Reserve Commitment: (a) 50 TiB for //Block; (b) 200 TiB for //Block Capacity; and (c) 3,000 TiB for //UFFO.

18.25  Total Seconds of the Month: the aggregate seconds across all Systems within each License, measured on a monthly basis.

18.26  Unplanned Downtime: the period of time when use or access to the subscription is not available to the host or application, for reasons neither planned nor anticipated by Pure.

18.27  U.S. Government End User(s): end Users that are part of a United States federal, state, or municipal government or agency.

18.28  Workload(s): end User’s identified workload requirements, as reported by End User to Pure.

19.  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.