1.? Pure1 Terms of Use.?These Pure1 Terms of Use (“Pure1 Terms”) are applicable to the Products’ storage of? certain diagnostic information about the routine operations of the Product, including performance, capacity usage, data reduction ratios, configuration data, and hardware faults and usage telemetry which may include metadata about customer-deployed applications, such as application name, type, size, version, and usage characteristics (“Pure1? Reports”) and, when enabled by End User, periodically transmit these Pure1 Reports to Pure and authorized End User partners. End User understands and agrees that End User data stored on the Products is not accessed, transmitted or provided to Pure or any third party as part of the Pure1 Reports. Pure retains all rights, title, and interest in the Pure1 Reports. End User agrees that the collection and transmission of such Pure1 Reports is necessary to facilitate any subscription services and certain support services under an Evergreen subscription.
2.??Pure1 Access, Use, and Restrictions.
2.1??Access and Use for Pure Hardware Owners.?Subject to End User’s compliance with the Agreement, Pure grants to End User, and any third party that End User authorizes to perform Services involving Pure1 or Pure1 Orchestration solely for End User’s benefit, a nontransferable, nonexclusive, royalty-free, perpetual license to use and execute Pure1 and Pure1 Orchestration, in executable object code format only, and solely for use in accordance with, and subject to any applicable limitations in the Product documentation and Product SKU description. Pure may update new releases available for installation by the End User and such updates are subject to the terms of the Agreement.
2.2??Access and Use for Pure Subscriptions.?Subject to these Terms, Pure grants to End User, and any third party that End User authorizes to perform services involving Pure1 and Pure1 Orchestration solely for End User’s benefit, a nontransferable, nonexclusive, terminable right to: (a) access and use Pure1 and Pure1 Orchestration, and (b) download, install, and use, in executable object code format only, any Pure plug-in or software Pure deems necessary for End User to utilize Pure1 and Pure1 Orchestration.
2.3??Restrictions.?End User shall not directly or indirectly (a) reproduce, modify, distribute, assign, disclose or make available any portion of Pure1 or Pure1 Orchestration (or any related documentation) to any third party (except as otherwise authorized herein); (b) rent, lease or sublicense Pure1 or Pure1 Orchestration; (c) reverse engineer, decompile, or disassemble any portion of Pure1 or Pure1 Orchestration, or otherwise attempt to decrypt, extract or derive source code for, or any algorithms or data structures embodied within, any portion of Pure1 or Pure1 Orchestration (except to the extent the foregoing restriction is expressly prohibited by applicable law); (d) use Pure1 or Pure1 Orchestration to develop a similar product or service; (e) transfer or copy Pure1 or Pure1 Orchestration to, or use such Pure1 or Pure1 Orchestration on, any other product or device, including any second-hand or gray market hardware that End User has not purchased from Pure or a Pure authorized reseller; or (f) publish or disclose to any third party any technical features, performance or benchmark tests, or comparative or competitive analyses relating to Pure1 or Pure1 Orchestration, except for internal use by the End User or as may be authorized by Pure in writing. End User will remain fully and primarily responsible to Pure for compliance with these Terms if End User permits any third party to access Pure1 or Pure1 Orchestration. Any future release, update, or other addition to functionality of Pure1 or Pure1 Orchestration made available by Pure to End User shall be subject to this Agreement, unless Pure expressly states otherwise. End User shall preserve and shall not remove, obscure or alter any copyright labels or other proprietary notices in Pure1 or Pure1 Orchestration or related documentation.
3.??Internet Connection Required.?End User’s use of Pure1 is dependent upon End User maintaining access to telecommunications and internet services. End User is solely responsible for acquiring and maintaining all telecommunications and internet services and other hardware and software required to access and use Pure1, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to the foregoing. Pure is not responsible for any loss or corruption of content, lost communications, or any other loss or damage of any kind arising from any such telecommunications and internet services.
4.??Pure1 Workflow Automation Terms.?Terms and conditions applicable to End User’s access and use of the Pure1 Orchestration tool are available in the Pure1 Workflow Automation Terms of Use.
5.??AI CoPilot.?Terms and conditions applicable to End User’s access and use of AI CoPilot are available in the AI CoPilot Terms of Use.
6.??General Terms.?These Pure1 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.