These FlashBlade //EXA Terms of Use (“Terms”), apply to the provision of a combined hardware and software solution called “FlashBlade //EXA” that is comprised of: Pure’s FlashBlade technology (the “Meta Data Node”), a third party server (the “ Data Nodes”), Pure’s //EXA Software (the “//EXA Software”), and maintenance and support on both the //EXA Software and Data Node (the “//EXA Support Subscription”). The Hardware Terms of Use and Evergreen Program Description apply to the use of any FlashBlade //EXA except as modified in these Terms.
1. FLASHBLADE//EXA. The FlashBlade //EXA Product is composed of three (3) components: the Meta Data Node; the Data Nodes; and the //EXA Software. These Terms set forth the terms specific to each of these components and therefore, End User’s rights and obligations as applied to FlashBlade //EXA.
1.1 FLASHBLADE//EXA - META DATA NODE. The Meta Data Node consists of Pure’s FlashBlade technology. The Meta Data Node is not intended, nor to be used, as a write destination for any of End User’s workloads. The Meta Data Node’s primary function is to serve as the control plane, along with the //EXA Software, for the FlashBlade //EXA Product.
1.2 FLASHBLADE//EXA - DATA NODE. The Data Nodes are comprised of Pure- approved, third-party server hardware that provides the physical storage capacity for End User data and the software required to operate the Data Nodes (the “Data Node Software”) The Data Nodes are managed by the Meta Data Node and licenced via the //EXA Software.
1.3 FLASHBLADE//EXA - //EXA SOFTWARE. The //EXA Software is Pure’s proprietary software that runs on the Meta Data Node and the Data Nodes and provides data management, data services, and licencing for the Data Nodes.
2. LICENCING. Licencing for the FlashBlade //EXA Software includes two components: (a) a base capacity entitlement of 160 TiB of usable capacity on each Data Node (the “Base Capacity Term Licence”); and (b) a per/TiB of usable capacity entitlement on the Data Node (the “per TB Term Licencing”).
2.1 LICENCING - BASE CAPACITY TERM LICENCE. Each Data Node includes an entitlement for 160 TiB of usable capacity under the //EXA Software licence.
2.2 LICENCING PER TB TERM LICENCING. Any usable capacity on a Data Node that is in excess of the 160 TiB Base Capacity Licence is subject to a licence fee calculated on a per usableTB basis, the amount of which is set forth between End User and the applicable reseller.
2.3 LICENCING - EXPANSIONS. Pure reserves the right, via the reseller, if applicable, to charge End User an additional Per TiB Term Licencing Fee if: End User expands any Data Node beyond the Base Capacity Term Licence of 160 TiB. Additionally, the end user can expand the quantity of their Base Capacity Term Licenses at any time via a licence expansion.
3. SUPPORT. Support for FlashBlade //EXA is delivered via the //EXA Support Subscription, which provides support for (a) the Meta Data Node with the //EXA Software; and (b) call support for the Data Node. Pure provides technical support for the Data Nodes via the phone or web.
3.1 SUPPORT - META DATA NODE AND //EXA SOFTWARE. Purchases of FlashBlade //EXA include Pure’s //Foundation level of support as set forth in the Evergreen Program Description and Customer Support Guide.
3.2 SUPPORT - DATA NODE - WARRANTY. Pure is authorized via the Sanmina Corporation to facilitate the end user’s warranty on the Data Nodes. Pure maintains a forward stocking area with replacement parts or spare Data Nodes near the customer's installation location to meet the customer’s selected parts replacement SLA, either PRM (4HR) or NBD (next business day).
4. PURE1 DATA TRANSMISSION. Pure1 is an integral component of Pure’s ability to manage the licencing attributes of FlashBlade //EXA. End User acknowledges and agrees that the rates charged for FlashBlade //EXA, and Pure’s ability to fulfill its support obligations requires that Pure must receive Pure1 Data. Therefore, to the extent within End User’s reasonable control, End User shall ensure that Pure1 Data transmission to Pure is not disabled.
13. GENERAL TERMS. These Terms supplement 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 these Terms from time to time, as noted by the “Last Updated” date below.