These Software-Only Products Terms of Use (“Software Terms”), apply to any purchases of Pure’s software-only products, that are not Portworx, and provided on a term-licence basis.

1. TERM-BASED SOFTWARE LICENCE. Subject to End User’s compliance with this Agreement, Pure grants to End User, and any third party that End User authorizes to perform Services involving the Product solely for End User’s benefit, a nontransferable, nonexclusive, royalty-free licence to use and execute the Pure software (the "Software"). This licence is granted in executable object code format only, and solely for use in accordance with the applicable Product documentation and Product SKU description (the “Permitted Use”). This licence shall be effective only for the duration of the applicable Subscription Term (as defined in Section 4 below).

2. UPDATES AND RELEASES. During the Subscription Term (as described in Section 3 herein), Pure may make Software updates, patches, and new releases available for installation by the End User, and such items are automatically incorporated into the definition of the "Software" and subject to the terms of this Agreement.

3. SUBSCRIPTION TERM. The licence granted hereunder commence on the effective date specified in the applicable order (the “Effective Date”) and continues for the initial period specified therein (the “Initial Term”). The licence automatically renews for subsequent periods of the same duration (each a “Renewal Term,” and together with the Initial Term, the “Subscription Term”) unless either party provides written notice of non-renewal at least sixty (60) days prior to the end of the then-current term.

4. TERMINATION FOR CAUSE. Either party may terminate the licence granted hereunder upon written notice to the other party if the other party materially breaches this Agreement and fails to cure such breach within thirty (30) days following receipt of written notice of the breach.

4.1 EFFECT OF TERMINATION. Upon the expiration or termination of the Subscription Term, the licence granted hereunder immediately ceases. End User shall immediately cease all use of the Software, and within thirty (30) days, certify in writing to Pure that all copies of the Software and related documentation in End User’s possession or control have been destroyed or permanently disabled.

5. SOFTWARE WARRANTY. Pure warrants that the software will perform in substantial accordance with the corresponding documentation for 90 days from the Effective Date.

6. LIMITED WARRANTY PROCESS. End User may contact Pure via email at support@purestorage.com or phone at +1 (866) 244-7121 for warranty service. If a return is required, End User must obtain a return material authorization number from Pure and return the Product in secure packaging, freight prepaid, as instructed by Pure. Under the warranty, Pure, at its option, either (a) will repair or replace any defective Product with Product or components of equal or greater functionality as the returned Product, or (b) will refund the purchase price paid to Pure for such Product, reduced on a straight-line basis over the Subscription Term. Replacement Products or components will continue to be warranted for the remainder of the applicable warranty term. Repair, replacement or refund is the sole and exclusive remedy for breach of this warranty. Under the software warranty, Pure will provide End User access to bug fixes and emergency patches. This warranty is provided to the original End User only and is not transferable.

7. WARRANTY EXCLUSIONS. The warranties herein do not cover defects or damages resulting from: (a) use of the Software other than in a normal and customary manner in accordance with Pure’s Documentation; (b) physical or electronic abuse or misuse, accident, or neglect; (c) alterations or repairs made to the Software that are not authorized by Pure in writing; (d) damage caused during shipping; or (e) damage caused by fire, flood, or environmental faults. Pre-Release Products are provided without warranty or liability of any kind, for use at End User’s own risk. Pure will use reasonable efforts to destroy (but have no liability for any loss or inadvertent disclosure of) data stored or remaining on a Product returned to Pure. Pure does not honor any warranties or support contracts for Products or Software purchased through grey market channels (i.e. sources and/or sales channels other than authorized Pure resellers, regardless of what may be advertised).

8. GENERAL TERMS. These Software Terms supplement the Agreement (or other written agreement covering the same subject matter executed by Pure) for the applicable Product or Software purchased by End User. Capitalized terms not specifically defined in these Software Terms have the same meaning as in the Agreement. Pure reserves the right to update these Hardware Terms from time to time, as noted by the “Last Updated” date below.