1.? Introductory Access. End User has opted into Pure¡¯s introductory access to its Pure1 Workflow Automation which permits End User to utilize 4,000 Tasks and two (2) On-Prem Agents (the ¡°Introductory Offer¡±). End User¡¯s continued access to the Introductory Offer may be updated, modified, or terminated by Pure in its reasonable discretion. Upon End User¡¯s exhaustion of the Introductory Offer, Pure will work with End User on continuing its access to Pure1 Workflow Automation subject to a Pure¡¯s then current rates for Pure1 Workflow Automation as invoiced by an authorized reseller.
2.??End User Data. End User retains all right, title and interest in and to all other documents, messages, graphics, images, files, data and other information that End User writes to the Product and processed through Pure1 Workflow Automation by End User (collectively, the ¡°End User Data¡±).
3.??Platform Assets. Pure is not liable for End User¡¯s use of, and will not provide any indemnity, warranties, or representations for the Community Platform Assets. As between the parties, Pure owns and retains all right, title, and interest in and to all Platform Assets and all derivatives thereto on Pure1 Workflow Automation. Pure grants to End User a limited, non-exclusive license to design, configure, create, use, and share the Platform Assets with other end users and a limited, non-exclusive sublicense to install, duplicate and modify Community Platform Assets in the Account. End User understands and agrees that the Platform Assets are part of the features of Pure1 Workflow Automation and will not function independently of Pure1 Workflow Automation.
4.??Feedback. End User may give suggestions, ideas, enhancement requests, feedback, or recommendations relating to Pure1 Workflow Automation (collectively, ¡°Feedback¡±). Pure may make, use, sell, reproduce, create derivatives of, display or otherwise practice the Feedback during and after the term of the Agreement. Feedback is provided ¡°AS-IS¡±. Pure will not publicly associate such Feedback with End User without prior written consent.
5.??APIs. End User is solely responsible for acquiring the license and rights to use third-party applications and accepting and complying with the applicable terms and conditions and privacy policy of that third-party application. Additionally, End User is solely responsible for their use of such Third-Party Applications and any data loss or other losses they may suffer as a result of using such Third-Party Applications. Pure has no responsibility, liability or indemnification obligations for any claims, losses or damages arising out of or in connection with End User¡¯s use of any Third-Party Applications. Pure does not guarantee compatibility with any Third-Party Application and Pure is not responsible for any changes or new developments in Third-Party Applications which may interrupt End User¡¯s use or interaction with Pure1 Workflow Automation.
6.??Data Protection and Security.
6.1??Data Protection Laws. Each party shall (a) to the extent applicable, comply with the General Data Protection Regulation (EU) 2016/679, the United Kingdom Data Protection Act 2018, the California Consumer Privacy Act of 2018, Singapore Personal Data Protection Act 2012, Australian Privacy Act 1988 (Cth), Japan Act on the Protection of Personal Information, and Israel Protection of Privacy Law, each as amended, repealed, replaced and consolidated from time to time; (b) notify the other if it reasonably believes there is any nonconformity with any applicable data protection laws and work jointly to address any noncompliance with applicable data protection laws; and (c) notify in advance of the applicability of and work in good faith to amend this Agreement or the DPA with respect to any other data protection laws, rules, and regulations which may become applicable to Pure¡¯s processing of End User Data under this Agreement. To the extent that End User is the Controller or a Processor and Pure is a Processor for End User of Personal Data that is subject to applicable data protection laws, the Data Processing Addendum is and hereby incorporated into the Agreement with respect to the Processing of such Personal Data.
6.2? Security. Pure maintains data security protections in accordance with industry standards and includes appropriate technical and organizational measures to ensure the security, privacy and confidentiality of End User Data. Pure maintains security incident management policies and procedures and will notify End User without undue delay after becoming aware of any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, End User Data (¡°Data Breach¡±). Pure will take remedial steps pursuant to its security incident management policies and procedures that are necessary and reasonable to identify and remediate the cause of such Data Breach.
6.3? Data Accuracy. End User is solely responsible for: (a) the accuracy, quality and legality of End User data; (b) the means by which End User acquired the End User data; and (c) End User¡¯s use of End User data. End User shall comply with all applicable privacy and data protection laws that govern the collection, use, and transfer of such data.
7.??Deletion of Accounts and Data
7.1??Data Collection and Accounts. Pure1 Workflow Automation records End User¡¯s use and access of Pure1 Workflow Automation into accounts (collectively, ¡°Accounts¡±) that consist of: (a) End User¡¯s configuration of Pure1 Workflow Automation, meta-data, job history summaries, and the Platform Assets contained within the Account (collectively, ¡°Account Data¡±), and (b) records of processing of End User Data on Pure1 Workflow Automation, including job history details and trigger event data (collectively, ¡°Transaction Data¡±).
7.2? Deletion. All Transaction Data in the Account is deleted within thirty (30) days from its processing date, unless otherwise configured by End User in its Account. End User has the ability to delete Account Data, End User Data, and Transaction Data at its own discretion. Pure destroys the Accounts (together with all associated Account Data, Transaction Data, and End User Data) left in Pure¡¯s system within ninety (90) days after termination or expiration of this Agreement, or within thirty (30) days after End User¡¯s written request, unless otherwise required by applicable laws or governmental authorities. Pure deletes any inactive Accounts whether established for any trial, non-production or production purposes within thirty (30) days after Pure determines that such Accounts are no longer in use by End User, including the Accounts of End Users who have terminated their Agreement with Pure within thirty (30) days following such termination.
8.??Warranty Disclaimer. PURE DOES NOT WARRANT THAT PURE1 WORKFLOW AUTOMATION FUNCTIONS ERROR-FREE OR UNINTERRUPTED, OR THAT PURE1 WORKFLOW AUTOMATION MEETS END USER¡¯S REQUIREMENTS. PURE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF PURE1 WORKFLOW AUTOMATION TO THE EXTENT ARISING FROM END USER¡¯S ACTIONS, DATA, THIRD PARTY APPLICATIONS OR OTHER SERVICES PROVIDED BY THIRD PARTIES. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND PURE MAKES NO WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO PURE1 WORKFLOW AUTOMATION AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY OR RESULTS, AND FITNESS FOR A PARTICULAR PURPOSE.
9.??End User Acknowledgment. By accessing or using Pure1 Workflow Automation, End User acknowledges and agrees to the following: (a) Pure1 Workflow Automation utilizes technologies, including automated decision-making and content generation, which may involve the execution of workflows or the delivery of notifications without manual interaction; (b) Pure1 Workflow Automation content is provided for informational purposes only and does not constitute professional advice (including but not limited to legal, financial, information and technology advice or architectural advice); (c) not to rely solely on Pure1 Workflow Automation outputs for critical decisions and to consult a qualified professional where appropriate; (d) Pure1 Workflow Automation content may contain errors, omissions, or outdated information; (e) Pure1 Workflow Automation is provided ¡°as is¡± without warranties of any kind, express or implied; (f) End User is solely responsible for how End User uses the outputs of Pure1 Workflow Automation and for verifying any information before acting upon it; and (g) Pure disclaims all liability for any loss or damage arising from reliance on Pure1 Workflow Automation content.
10.??Definitions.
10.1??Community Platform Assets. Any Platform Assets created and marked public by any third party, are available to all end users and are provided ¡°AS-IS¡±.
10.2??Connectors. The instructions which allow the transfer of data between software applications through Pure1 Workflow Automation by using software scripts or application programming interfaces.
10.3??Platform Assets. The assets, integrations, automations, workflows, and other components that can be designed, configured, created, used, and shared by end users within Pure1 Workflow Automation, such as Recipes, Connectors, table storage, and file storage each as further defined and described in the documentation. Platform Assets can be developed by Pure, third party providers or other end users.
10.4??Recipe. A set of commands that request Pure1 Workflow Automation to carry out certain actions across software applications based on the occurrence of a designated trigger event.
11.??General Terms. These Pure1 Workflow Automation Terms supplement the Agreement (or other written agreement covering the same subject matter executed by Pure) for the Product or Services purchased by End User. Capitalized terms not specifically defined in these Pure 1 Terms have the same meaning as in the Agreement. Pure reserves the right to update these Pure1 Terms from time to time, as noted by the ¡°Last Updated¡± date below.