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Evergreen™ Program Description

This Evergreen™ Program Description applies to the provision of an innovation and support subscription for the Products described below (“Evergreen Subscription(s)”) as purchased by the End User from Pure (“Pure”) or a Pure authorized reseller. This Evergreen Program Description applies to both Evergreen//Forever and Evergreen//Foundation Subscriptions, except where specifically set forth herein. For purposes of this Evergreen Program Description, “Products” applies to only Pure’s FlashArray and FlashBlade Products.

LOVE YOUR STORAGE GUARANTEE

The first Product purchased by End User comes with a 30-day “money back” guarantee, under which End User can receive a full refund for the Product and applicable Evergreen Subscriptions, provided (i) End User has performed a good-faith installation of the Product and enabled the Pure1® phone home feature, and (ii) End User notified Pure within 30 days of receipt of the Product to elect for a refund, and returned the Product 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 Pure’s receipt of the returned Product. Pure reserves the right to charge reasonable refurbishing fees for damage to the Products while under End User’s control. End Users that have conducted an evaluation of the Product have had an opportunity to evaluate the Product and are therefore not eligible for this guarantee. This guarantee applies to Pure’s FlashArray and FlashBlade Products.

ALL ARRAY SOFTWARE INCLUDED

When End User purchases a Product, software functionality and features in the applicable array operating environment for FlashArray and FlashBlade (the “Array Software”), such as replication, clones, snapshots, and ActiveCluster synchronous replication, are licensed at no additional charge. A continuous, active Evergreen Subscription for a Product provides access to new software functionality and features in the applicable Array Software when and if released by Pure. Please see Product documentation for details. This applies to Pure’s FlashArray and FlashBlade Products. Future products or services may be licensed or sold separately.

RIGHT-SIZE GUARANTEE

Pure offers an effective capacity guarantee to Pure End Users that purchase the Product, based on the workloads specified by that End User (“The Right-Size Guarantee”). The Right-Size Guarantee is a separate, optional agreement customized to End User’s specific capacity needs and workload(s). The guarantee lasts for twelve months and applies only once signed by Pure and End User. End User should ask their account representative for more details. The Right-Size Guarantee applies to Pure FlashArray //X and //XL Products.

COMPONENT REPLACEMENT

The Products are designed to be evergreen, whereby key components can be modularly replaced and upgraded to next generation Products over time. A continuous, active Evergreen Subscription keeps the then-current Product performing substantially in accordance with the Product documentation, including protecting from failures due to flash media wear and reducing the impact of individual component end-of-life events. Please see Product documentation for details. Component Replacement applies to Pure’s FlashArray and FlashBlade Products. Unless the End User has purchased a Non-Return option, in the event the End User does not return the part, the End User will be charged the full list price of that part.

This also includes failed parts replaced by spares that the End User has purchased.

For an Evergreen//Foundation Subscription only, if a component has reached end of support, replacement of that component (at End User expense) may be required before subscription renewal.

FLAT IS FAIR

The rate Pure charges an authorized reseller for any renewal of the Initial Evergreen Subscription purchased by the End User (the “Renewal Rate”) remains flat to the rate offered to the authorized reseller at the time of the Initial Evergreen Subscription, provided that the renewal subscription including maintenance and support remains generally available for the applicable Product at the time of renewal. The Renewal Rate will be determined by applying the same Evergreen Subscription term, service level, and applicable pre-renewal in-rack configuration for the applicable Product and will not include any one-time promotional discounts or deals made available at the time of the initial purchase. Renewal Rates will be in the currency set forth in the applicable quote issued by Pure. In the event of a severe inflation event, defined as annual inflation in excess of seven percent 7% (as measured by the Producer Price Index), the parties will negotiate, in good faith, reasonable adjustments to the Renewal Rate in an amount not to exceed the inflation over the period since the last renewal. This Subscription imposes no obligation to renew Evergreen Subscriptions for a Product. Flat is fair applies to Pure’s FlashArray and FlashBlade Products.

CAPACITY CONSOLIDATION

Evergreen//Forever: If End User purchases a qualifying capacity expansion for a FlashArray or FlashBlade//S Product, End User may trade-in and consolidate a portion of existing installed capacity into the new capacity expansion (“Capacity Consolidation”). Pure will provide such End User a trade-in credit for storage already owned by the End User, up to a 50% credit of the new capacity expansion and up to 25% credit of the Evergreen//Forever Subscription for such FlashArray or FlashBlade//S Product. End User must return the old capacity to Pure within 45 days of receipt of the new capacity expansion. Please contact Pure’s authorized resellers for specific pricing for Capacity Consolidation purchases.

Evergreen//Foundation: If End User purchases a qualifying blade expansion for a qualifying FlashBlade Product, End User may trade-in and consolidate a portion of existing installed blades into the new capacity expansion. Pure will provide such End User a trade-in credit for blades already owned by the End User, up to a 25% credit of the new capacity expansion and up to 12.5% credit of the Evergreen//Foundation Subscription for such FlashBlade Product. End User must return the old blades to Pure within 45 days of receipt of the new blades. Please contact Pure’s authorized resellers for specific pricing for Capacity Consolidation purchases. Capacity Consolidation under a Evergreen//Foundation subscription applies to Pure FlashBlade Products, excluding FlashBlade//S and FlashBlade//E.

EVERGREEN FOREVER (Evergreen//Forever Only)

A continuous, active Evergreen//Forever Subscription keeps the then-current Product performing substantially in accordance with the Product documentation, including protecting from failures due to flash media wear and reducing the impact of individual component end-of-life events.

EVER MODERN (Evergreen//Forever Only)

If End User purchases a Pure-branded Evergreen//Forever Subscription for a Product (“Forever Subscription”), then  End User is eligible to receive upgraded controllers (for FlashArray Products) or blades (for FlashBlade products) as set forth below.

Ever Modern for FlashArray//X; FlashArray//XL; FlashArray//C; and FlashBlade/S: End Users that maintain the Forever Subscription for these Products for three (3) consecutive years from the initial Product purchase are eligible to receive upgraded controllers (for FlashArray products) or blades (for FlashBlade//S) for each additional three years of Forever Subscription that End User purchases for the applicable Product thereafter.

Ever Modern for FlashBlade//E and FlashArray//E:  End Users that maintain the Forever Subscription for the Product for six consecutive years from the initial Product purchase are eligible to receive upgraded blades (FlashBlade//E) or controllers (FlashArray//E) when they renew: (a) for an additional year of their Forever Subscription following that initial six (6) years from Product purchase; and (b) for an additional year of their Forever Subscription following any consecutive, uninterrupted six (6) years of their Forever Subscription since the last blade or controller upgrade.  By way of example only, and for illustration purposes: A FlashBlade//E (or FlashArray//E) purchased with a Forever Subscription in 2023, is eligible to receive upgraded blades (or controllers for FlashArray//E) as follows:  (i) in 2029, if End User has maintained the Forever Subscription for six (6) consecutive years;  and renews the Forever Subscription for one (1) year, that End User receives upgraded blades (or controllers for FlashArray//E) in 2029; and (ii) if End User continues renewing for six (6) consecutive, uninterrupted years thereafter, then in 2035 if End User renews for an additional one (1) year, that End User receives upgraded blades (or controllers for FlashArray//E) in 2035, with this cadence continuing provided End User complies with the terms of this Program Description and the End User Agreement.

Pure will ship the then-current upgraded controllers or blades for a particular Product within the same Product family, as designated by Pure, after the start of the applicable paid three (3) or six (6) year renewal period (depending on Product purchased). End User must take receipt of the upgraded controllers or blades within 90 days from Pure’s notice that an upgrade is available (via electronic means to End User’s designated contact) and must return the existing controllers or blades to Pure within 45 days of receipt of the upgraded controllers or blades. End User may receive upgraded controllers or blades no more than once every three (3) or six (6) years (as applicable) with respect to a given Product. A mid-term upgrade of controllers or blades under any special offers, promotions, or programs resets the three (3) or six (6) year clock for purposes of Ever Modern. Purchases of “Evergreen//Foundation” or other non-eligible Evergreen Subscriptions do not qualify for Ever Modern.

EVER AGILE (Evergreen//Forever Only)

Pure may offer Evergreen//Forever subscribers, Ever Agile bundles under which an End User purchasing a qualifying capacity expansion for a Product may receive a trade-in credit for existing controllers or blades to apply towards new, upgraded controllers or blades (and, if applicable, additional components associated with the SKU) (“Ever Agile”). End User must return the existing controllers or blades (and such additional components, if applicable) to Pure within 45 days of receipt of the upgraded controllers or blades. Ever Agile bundles may not be combined with other special offers, promotions, or programs, unless expressly stated in such special offers, promotions, or programs. Controller or blade upgrades under Ever Agile reset the applicable three (3) (or six (6) for FlashBlade//E and FlashArray//E) year clock for purposes of Ever Modern. End User is then eligible to receive upgraded controllers or blades under Ever Modern when they have maintained their Evergreen//Forever Subscription for the applicable three (3) or six (6) consecutive years, AND they have met the Evergreen//Forever Subscription purchase requirements outlined in the “Ever Modern” section above. Please contact Pure’s authorized resellers for specific pricing for Ever Agile bundles.

GENERAL TERMS

This Subscription supplements the Terms (or other written agreement covering the same subject matter executed by Pure) and the Pure Customer Support Guide for the applicable Products and Evergreen Subscriptions purchased by End User. Pure reserves the right to update this Subscription from time to time, as noted by the “Last Updated” date. For purposes of Ever Modern, for purchases made prior to such updates, Pure will honor the terms in effect for the applicable Product until the later of: (i) the date End User next receives upgraded controllers under Ever Modern, or (ii) the expiration of the then-current Evergreen Subscription term. Pure may end the Subscription with respect to future Product purchases at any time. End User is responsible for shipping charges and applicable taxes. Professional installation is (a) available for an additional charge from Pure or its authorized resellers, and (b) may be required to ensure Pure’s ability to properly perform its maintenance and support obligations. Professional installation to be delivered by Pure will expire within 180 days of the ship date if not utilized by End User, except as otherwise agreed by Pure in writing. “Forever Flash” has been upgraded and replaced with “Evergreen Subscription.” Evergreen//Forever Subscription replaces “Gold” Evergreen Subscription and Forever Flash (FF) support contracts; and Evergreen//Foundation replaces “Silver” Evergreen Subscription and Non-FF support contracts. Product and components returned under this Subscription become the property of Pure. The Subscription is subject to Pure’s Privacy Statement and constitutes an integral part of the Subscription. These Subscription terms apply to Pure FlashArray and FlashBlade Products. Notwithstanding anything to the contrary, Pure permits the following termination rights for these order types: (a) orders for the purchase of hardware may be terminated any time prior to shipment; (b) Evergreen //Forever and //Foundation subscriptions may be terminated if the underlying hardware order is terminated prior to shipment; (c) renewal orders of Evergreen //Forever or //Foundation subscriptions may not be terminated; (d) orders for Professional Services may not be terminated if the underlying hardware order has been shipped; (e) Evergreen //One, //Flex, Pure Protect, and any other  subscriptions not otherwise described herein may be terminated if End User (i) provides Pure 60 days’ prior written notice and (ii) pays in full all Reserve Commitments outstanding from the date of termination through the end of the Service Term; and (f) Portworx orders can be terminated if End User (1) provides Pure 30 days’ prior written notice for any Term-Based, Consumption-Based, or Pay-As-You-Go Software licenses; and (2) pay for all utilization or consumption of the Software through the date of termination.

FEAR, UNCERTAINTY AND DOUBT DISCLAIMER

Be warned that vendors offering competing products may offer their advice on Pure’s terms or documentation. Pure’s advice: Take their biased views with a grain of salt. Come take a reference call from a Pure End User and learn how Pure is changing storage forever. See more at www.purestorage.com.

 

Last Updated Februrary 1, 2024

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