This Evergreen//One Product Guide (“Product Guide”) provides descriptions of available subscription types and the applicable service level agreements associated with all Evergreen//One subscriptions, based on the License level requirements listed below.
1A. FOR NEW SUBSCRIPTIONS, AND QUALIFIED RENEWALS COMMENCING OCTOBER 10, 2023:
1B. FOR ALL SUBSCRIPTIONS COMMENCING PRIOR TO OCTOBER 10, 2023:
2. SERVICE LEVEL AGREEMENTS
1. 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.
2. All Systems in the License must be fully utilized, and End User must cooperate with Pure in the timely deployment of buffer capacity.
3. 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.
1. Any Service Credits are prorated for the number of days that the SLA was not met, presuming monthly average Watts/TiB is greater than target SLA threshold. For example, if the monthly average of //Block Capacity was 3 Watts/TiB, Pure will determine the number of the days where the daily average is greater than 2 Watts/TiB and provide service credits for those days.
Under Pure’s “Paid Power & Rack" program, Pure will remit payment following the Service Commencement Date in the amount of what Pure calculates as the cost of power and rack consumption required by the Service Infrastructure deployed to deliver the Reserve Commitment capacity SLA for the Service Term, not to exceed five (5) years. The amount of the Paid Power & Rack payment is determined by -
The Paid Power & Rack program applies only to:
Evergreen//One subscriptions with a minimum Reserve Commitment of 300 TiB for Unified File and Block Subscriptions, 500 TiB for UFFO Subscriptions, 500TiB for UDR Block and File, and 1,500TiB for UDR File and Object Subscriptions; net new contracts, and renewal of net new contracts; and Expansion of new contracts which require additional Service Infrastructure deployment.
The Paid Power & Rack program excludes existing contract expansions or renewals and Pure hardware purchased or transferred over from the End User.
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. Any payments under the Paid Power & Rack program are ineligible to be converted to additional discounts.
Under the “No Data Migrations SLA” Pure guarantees End User that if Pure determines that any Applicable Service Infrastructure requires an upgrade, Pure will non-disruptively upgrade the Applicable Service Infrastructure, and that the upgrade will not require any data migration. Eligibility of this guarantee requires that: (i) the upgrade is performed by Pure or an authorized Pure partner; (ii) End User is not past due with any Evergreen//One subscription obligations; and (iii) all Service Infrastructure is in compliance with Pure’s Evergreen//One Upgrade Policy.
This SLA does not apply to any upgrade that involves consolidating Systems, or movement across Subscription Types or service tiers.
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 will be 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.
Under “Zero Data Loss SLA,” Pure guarantees Zero Data Loss with the Service Infrastructure.
In the event that, 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, Pure will first provide Data Recovery Services to help recover the lost data.
If, after performing Data Recovery Services, Pure determines that the data is unrecoverable, Pure will provide End User with a Service Credit. The amount of the Service Credit will be 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.
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.
3. SERVICE CREDIT REQUIREMENTS. The commitments listed above are contingent upon the following: (a) End User is in compliance with Pure's Evergreen//One Upgrade Policy; (b) End User submitting a Sev-One Ticket; (c) Pure determining “Pure System at Fault” in the Root Cause Analysis (“RCA”) for the underlying cause of missing the commitment; and (d) the RCA must not find that End User was a cause, in whole or in part, to any miss of the applicable Service Level Commitments described above. Except as otherwise expressly set forth in this Product Guide, the maximum cumulative Service Credit that End User may earn for any single License shall not exceed 10% of the highest Reserve Commitment Charges for any year during the applicable Service Term.
4. APPLICATION OF SERVICE CREDITS. Service Credits can only be applied: (a) if End User complies with Pure’s Evergreen//One Upgrade Policy; and (b) to unpaid invoices that are not past due for Evergreen//One issued subsequent to when the credit was earned.
Service Credits shall not: (i) be applied to anything other than as described in this Agreement; (ii) be issued as cash or a cash rebate in lieu of a credit; or (iii) be valid after the expiration or termination of the License.
5. DEFINITIONS.
5.1 Applicable Service Infrastructure: Service Infrastructure that Pure has deemed eligible for an upgrade to deliver the service SLAs and excludes any Excluded Products.
5.2 Data Recovery Services: Pure will, at no cost to the End User:
The foregoing Data Recovery Services shall be performed for a maximum of four (4) weeks, based on five (5) day work weeks, with eight (8) hour workdays.
5.3 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.
6. INCLUDED WITH ALL SUBSCRIPTIONS. All Evergreen//One subscriptions include the Evergreen//One RACI and the Evergreen//One Included Services Description.
7. GENERAL TERMS. This Product Guide supplements 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 this Guide from time to time, as noted by the “Last Updated” date below.
Last Update October 10, 2023