These Services Subscriptions Evaluation Terms (“Evaluation Terms”), apply to any software-only Products being evaluated by End User, as set forth in the applicable order, including all documentation and materials related thereto (“Evaluation Product(s)”).
1. EVALUATION PRODUCT LICENSE. Pure grants End User a limited, royalty-free, non-exclusive, non-transferable, non-sublicensable, revocable, license during the Evaluation Term, to access and use the Evaluation Product in a non-production environment for the purpose of evaluating the performance and functionality of the Evaluation Product. The Evaluation Product remains Pure’s sole and exclusive property.
1.1. Applicable to Portworx Essentials. End User may evaluate Portworx Essentials Products in executable object code format only, solely for internal development and evaluation purposes. Pure is not obligated to provide any support, upgrades and/or updates for Portworx Essentials.
1.2. Applicable to Portworx CSI. End User may evaluate Portworx CSI Products in executable object code format only, solely for internal development and evaluation purposes, and only use the Portworx volumes residing in cloud drives. Portworx CSI is subject to the usage and support limitations set forth at: https://www.purestorage.com/products/cloud-native-applications/portworx.html.
2. TERM AND TERMINATION. Pure may grant End User an Evaluation License, beginning when Pure accepts the order, for an evaluation period of 30 days (“Evaluation Term”). Pure will electronically deliver the Evaluation Product license key. The Evaluation Term may be extended as mutually agreed by the parties. End User may terminate the Evaluation License upon 5 days’ prior written notice to Pure. Pure reserves the right to terminate the applicable Evaluation Product license at any time, including prior to the expiry of the Evaluation Term, in its sole discretion. End User’s rights under these Evaluation Terms terminate upon termination or expiration of the Evaluation Term.
3. EVALUATION EXPIRY. End User shall remove and delete the Evaluation Product from any hardware or systems utilizing the Evaluation Product on the earlier of the Evaluation Term expiration or Evaluation License termination (“Evaluation Expiry”), if End User does not purchase the Evaluation Product. The Evaluation Product currently in End User’s possession will become a purchased Product when Pure (or its authorized reseller) accepts the applicable purchase order, if End User elects to purchase the Evaluation Product. The Pure End User Agreement (or other equivalent agreement executed by the parties) will govern the use of any purchased Product. Pure’s “Love Your Storage” 30-day money back guarantee does not apply if End User purchases the Evaluation Product within one year following the Evaluation Term expiration or termination.
4. PRE-RELEASE PRODUCTS. End User acknowledges that Pre-Release Evaluation Products: (i) are not at the level of performance or compatibility of final, generally available products; (ii) may not operate correctly; (iii) may be modified prior to being made generally available; (iv) may not be made available for general release; (v) may not be used in a production environment; and (vi) may not be sold to or maintained for End User’s use, at Pure’s sole discretion. End User agrees to: (a) notify Pure of any bugs or problems in the Pre-Release Products; and (b) remove the Pre-Release Product from any systems utilizing it when the Evaluation Term expires, is terminated, or at Pure’s request.
5. FEEDBACK. End User grants Pure a perpetual, irrevocable, worldwide, sublicenseable, and royalty-free right to use any Feedback on the Evaluation Product (including on Pre-Release Evaluation Products) and any derivatives thereof. Such right shall survive any expiration or termination of the Evaluation License or End User Agreement.
6. LIMITED WARRANTY AND DISCLAIMER. Pure represents and warrants that the Evaluation Product does not contain any virus, “time bomb,” or any other worm, including but not limited to, codes, commands, or instructions that may be used to access, alter, delete, damage, or disable any End User information, systems, software, or other End User property. NOTWITHSTANDING ANYTHING TO THE CONTRARY, EVALUATION PRODUCTS ARE PROVIDED TO END USER “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
7 GENERAL TERMS. These Evaluation Terms supplement the Pure End User Agreement (or other written agreement covering the same subject matter executed by Pure) for the applicable Product evaluated by End User. Capitalized terms not specifically defined in these Evaluation Terms have the same meaning as in the End User Agreement. Pure reserves the right to update these Evaluation Terms from time to time, as noted by the “Last Updated” date below.
