This Evergreen//One Add-Ons Guide (“Add-Ons Guide”) provides descriptions of additional features, benefits, or services available for some Evergreen//One subscriptions End User may have purchased, as set forth in the applicable order (each, an “Add-On”).
1. EVERGREEN//ONE RANSOMWARE RECOVERY ADD-ON. Upon Add-On Activation (as defined below), Pure will, subject to the End User’s compliance with the terms of this Add-Ons Guide: (a) establish a documented recovery plan in place with End User to address a ransomware incident (the “Recovery Plan”); (b) confirm the accuracy of the Recovery Plan with the End User within 48 hours of Pure’s receipt of a Sev-1 ticket informing Pure of a ransomware incident; (c) ship recovery Service Infrastructure pursuant to the schedule set forth in Section 2 below, once Pure has: (i) confirmed the accuracy of the Recovery Plan with the End User; and (ii) determined that Evergreen//One Service Infrastructure was affected by a ransomware incident; (d) deploy a Pure Services Engineer who will arrive within one (1) business day of End User taking delivery of the recovery Service Infrastructure to assist with recovery efforts, at a maximum effort of eight (8) hours per 24 hour period, for a total of 80 total hours; and (e) provide an eight (8) TiB/hour data transfer rate from the affected Service Infrastructure to the recovery Service Infrastructure.
2. SHIPMENT SCHEDULE. Subject to the terms of this Add-Ons Guide, Pure shall ship recovery Service Infrastructure pursuant to the following schedule: (i) next business day for North America and EMEA; and (ii) three (3) business days for Asia and Australia/New Zealand. Expedited shipping may be available depending on region.
3. SERVICE CREDIT. Pure will provide a 100% Service Credit for one (1) month’s billing on the License with the Add-On, if Pure fails to comply with Section 1 of this Add-On Guide, subject to the requirements and limitations set forth below.
4. ADD-ON ACTIVATION AND END USER REQUIREMENTS. Add-Ons are activated 28 days following order acceptance for the Add-On. The Evergreen//One End User shall comply with all of the following to be eligible for the Evergreen//One Ransomware Recovery Add-On: (a) the applicable Evergreen//One subscription must be for a minimum 300 TiB Reserve Commitment; (b) SafeMode is enabled on all volumes for a minimum 14 day retention period; (c) the Add-On is applied to the entire Evergreen//One subscription; (d) End User cooperates in the creation of the Recovery Plan upon Add-On activation; (e) End User cooperates in any validation of the Recovery Plan as requested by Pure; (f) End User returns the affected Service Infrastructure within 180 days from creating the support ticket with Pure; and (g) be in material compliance with all outstanding payment obligations.
5. SERVICE CREDIT REQUIREMENTS. The commitments listed above are contingent upon the following: (a) End User submitting a Sev-1 ticket; (b) Pure determining “Ransomware Incident” in the Root Cause Analysis (“RCA”) for the underlying cause of the End User’s issue; and (c) the RCA must not find that End User was a cause, in whole or in part, to any miss of the commitments described above. Notwithstanding anything to the contrary in the Agreement, the maximum Service Credit that End User may earn shall not exceed 10% of the highest Reserve Commitment for any year during the applicable Service Term.
6. APPLICATION OF SERVICE CREDITS. Credits can only be applied: (a) if End User complies with Pure’s Evergreen//One Upgrade Policy; (b) to invoices for Evergreen//One issued subsequent to when the credit was earned, and (c) to the affected System. Credits shall not: (i) be applied to anything other than as described in this Agreement; (ii) combined with any other credits earned, incentives, or discounts offered by Pure; (iii) be issued as cash or a cash rebate in lieu of a credit, even if the subscription is not being renewed; and (iv) be valid after the expiration of termination of the subscription.
7. GENERAL TERMS. This Evergreen//One Add-Ons 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.
