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:
- Deploy personnel as reasonably required by Pure, to recover any data that Pure has determined was lost due to a Pure System being at fault;
- Ship additional Service Infrastructure required to recover any lost data or otherwise ensure no further data loss;
- Reconfigure any replacement defective Service Infrastructure; and
- Decommission and remove any replaced Service Infrastructure.
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.