4.2? INVOICING. Subject to these Terms,?Pure grants to End User, and any third party that End User authorizes to perform services, solely for End User’s benefit, a non transferable, nonexclusive, revocable right to access and use 色控传媒 Cloud Azure Native Service.
4.3??RENEWAL.?Subscriptions renew automatically on a month-to-month basis, unless the End User cancels the subscription via Azure’s Marketplace.
4.4? TERMINATION. End User may terminate a Subscription pursuant to the Azure Terms via Azure’s Marketplace. Billing will continue through the end of the current billing period, and the End User remains responsible for all usage charges incurred up to the effective date of termination. End User acknowledges and agrees that upon cancellation, expiration, or termination of a Subscription, Pure has no liability, responsibility, or ability to: (a) extend the storage of any End User Data on Azure; (b) recover or move any End User Data on Azure.
4.5??EXPIRATION.?Subscriptions remain active until explicitly cancelled or terminated by the End User, Pure, or Microsoft. End User is exclusively responsible for all End User Data on Azure, including removing all data prior to deletion by Azure upon expiration of the Subscription. End User acknowledges and agrees that upon cancellation, expiration, or termination of a Subscription, Pure has no liability, responsibility, or ability to: (a) extend the storage of any End User Data on Azure; (b) recover or move any End User Data on Azure.
5.??NETWORK CHARGES.?End User may incur pass-through network charges (“Network Charges”) from Azure directly associated to the 色控传媒 Cloud Azure Native Service ("Network Charges") for any End User data traffic (collectively, "Traffic") between the 色控传媒 Cloud Azure Native Service and connected End User systems under the following circumstances: (a) Traffic crosses a virtual network peering within the same Azure region; (b) Traffic is sent to a different Public Cloud Provider region; (c) Traffic leaves Azure’s service or network to any other Internet destination; (d) Traffic leaves Azure’s service or network towards on-premises networks through any Public Cloud Provider-provided connection; or (e) Azure implements network traffic charges due to specific configurations or regional settings not covered in (a) - (d) above. When Network Charges are incurred those charges are directly billed to the End User.
6.??SERVICE TERM.
6.1??SUBSCRIPTION START DATE.?Except as otherwise expressly set forth in a quote, the Service Term for all Subscriptions commence upon Azure’s acceptance of the order.
6.2??TERMINATION FOR CAUSE - END USER.?End User may terminate this Agreement for cause if: (a) voluntary or involuntary proceedings by or against Pure are instituted in bankruptcy under any insolvency law, or a receiver or custodian is appointed for Pure, or proceedings are instituted by or against Pure for corporate reorganization or the dissolution of Pure, or if Pure makes an assignment for the benefit of creditors; or (b) Pure materially breaches any provision of these Terms or the Agreement and fails to cure such breach within 30 days from the date of End User’s written notice to Pure.
6.3??TERMINATION FOR CAUSE - PURE.?Pure may terminate this Agreement for cause if (a) End User fails to make timely payments for the Subscription, in which case, End User remains responsible for all payment obligations through the end of the original Service Term; (b) voluntary or involuntary proceedings by or against End User are instituted in bankruptcy under any insolvency law, or a receiver or custodian is appointed for the End User, or proceedings are instituted by or against the End User for corporate reorganization or the dissolution of the End User, or if End User makes an assignment for the benefit of creditors; or (c) End User materially breaches any provision of these Terms or the Agreement and fails to cure such breach within 30 days from the date of such party’s written notice to End User.
6.4??EFFECT OF TERMINATION.?Upon any termination or expiration of a Subscription, End User shall promptly: (a) discontinue use of 色控传媒 Cloud Azure Native Service; (b) pay all amounts due for 色控传媒 Cloud Azure Native Service for the duration of the Service Term, unless terminated for cause pursuant to Section 6.2; and (c) discontinue all use of 色控传媒 Cloud Azure Native Service. Notwithstanding anything to the contrary herein, any amounts prepaid through the date of termination are final and non-refundable.
7.??U.S. Federal and State Government End Users.?US Government End Users may terminate a Subscription, upon no less than 30 day’s prior written notice to Pure if the US Government End User terminates or suspends performance of its contract or applicable task order with the Pure authorized reseller for failing or refusing to fund or to secure appropriations to fulfill or fund its obligations under its contract with the Pure authorized reseller. Upon expiration or termination of a subscription, the US Government End User shall immediately discontinue use of 色控传媒 Cloud Azure Native Service. Notwithstanding anything to the contrary, any amounts paid to Pure for 色控传媒 Cloud Azure Native Service for periods prior to the termination date are final and non-refundable if the subscription is terminated pursuant to this Section.
8.??THIRD PARTY SOFTWARE AND PRODUCTS.?End User may utilize 色控传媒 Cloud Azure Native Service with non-Pure, third party software products, services, or solutions (collectively, “Third Party Products”).?End User acknowledges and agrees that: (a) End User is exclusively responsible for the procurement and maintenance of all Third Party Products; (b) Pure is not responsible for any 色控传媒 Cloud Azure Native Service support or maintenance issues to the extent those issues arise from any Third Party Products; and (c) End User’s use of any Third Party Products is at End User’s sole cost and expense.
9.??SUPPORT.?色控传媒 Cloud Azure Native Service subscriptions are delivered with 365 X 24 x 7 support, as described in?, but at all times subject to the availability and performance of Azure.
10.??TITLE.?Pure and its suppliers exclusively retain all right, title, and interest in 色控传媒 Cloud Azure Native Service, and all intellectual property rights therein, including without limitation all patent, trademark, trade secret, know-how, trade name and copyright, whether registered or not registered. Pure and its suppliers reserve all rights not expressly granted herein, and no license or other implied rights of any kind are granted or conveyed except for the limited right to access and use 色控传媒 Cloud Azure Native Service, as described herein. 色控传媒 Cloud Azure Native Service remains Pure’s sole and exclusive personal property, and End User shall not encumber, sell, or otherwise dispose of 色控传媒 Cloud Azure Native Service without having received prior written authorization from Pure.
11.??CREDIT APPROVAL.?Availability of 色控传媒 Cloud Azure Native Service may be subject to End User credit approval.
12.??DEFINITIONS.
12.1??COMMITTED PERFORMANCE:?Fixed performance commitment (measured in Megabits per second; or “Mbps”) providing a discounted rate vs. the On-Demand Rate.
12.2??EFFECTIVE USED CAPACITY:?Measure of data written by a host to a 色控传媒 Cloud Azure Native Service volume, and any incremental unique snapshot data thereof.
12.3??ON-DEMAND:?any utilization of 色控传媒 Cloud Azure Native Service above and beyond the Reserve Commitment.
12.4??ON-DEMAND RATE:?the rate applicable to On-Demand usage.
12.5??PROVISIONED PERFORMANCE:?Represents the sustained throughput capacity available to the customer’s workloads at the storage service level.
12.6??RESERVE COMMITMENT:?the minimum usage commitment of Effective Usable capacity (measured in Tebibytes; or “罢颈叠”) providing a discounted rate vs. On-Demand.
12.7??SERVICE TERM:?the term of the subscription, as set forth on the applicable quote or order.
12.8??U.S. GOVERNMENT END USER(S):?end Users that are part of a United States federal, state, or municipal government or agency.
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.
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