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Executive Services Department Memorandum DATE: November 15, 2022 TO: Armondo Pavone, Mayor CC: Kristi Rowland, Deputy Chief Administrative Officer FROM: Brett Tietjen, Network Systems Manager SUBJECT: Evergreen Support Pure Storage Annual Renewal This memo is in lieu of our standard contract template which allows for signature by both parties. Attached for your review and signature is an agreement packet with Ivoxy Consulting. This agreement packet approves payment of Invoice # TYLWQ1313, in the amount of $46,919.78, for Evergreen support for Pure Storage System. Attached are the following documents: 1.Contract Packet for Invoice # TYLWQ1313 Approved By: ____________ _________________ Armondo Pavone Mayor _____________________________ Date CAG-22-369 Attest: ______________________________ Jason Seth, City Clerk 11/29/2022 Ext. Price Total $46,919.78 Tax ID: 20-5369559; w9: www.ivoxy.com/w9 Bill to: City of Renton 1055 S. Grady Way Renton, WA 98057 Accounts Payable (425) 430-6878 nwissbrod@rentonwa.gov Shipped to: 1055 S. Grady Way Renton, WA 98057 1 1yr Pure Storage Support Renewal thru 12/6/2023 Pure Storage NASPO Agreement MNWNC-125 INVOICE 2 12 3 FA-C60-345TB 1MO,ADV,GOLD FA-C60-345TB 1MO,ADV,GOLD Serial # PCHFL2038002C Serial # PSPFT204817NW Support from 12/7/2022 thru 12/6/2023 SubTotal $3,551.30 $42,615.60 $42,615.60 4 5 6 7 Subtotal $42,615.60 Sales Tax $4,304.18 Page 1 Phone: 602-777-1446 - Fax: 866-554-0536 - Email: Tiffany@Ivoxy.com 1 of 1 Description Part Number Qty Ln # Unit Price Invoice # TYLWQ1313 Date: 11/14/2022 Terms: Net 30 Due Date 12/14/2022 Sales Rep: Dustin DeLaMare Customer PO#: ITSYS22-PURE Remit Payment to: IVOXY CONSULTING, INC. P.O. BOX 101264 PASADENA, CA 91189-0005 To pay via ACH/Wire, please contact ap@ivoxy.com for our banking information PURE STORAGE Customer Support Guide 2022 Version 7.0.0 PURE STORAGE CUSTOMER SUPPORT GUIDE 2 Contents Introduction ........................................................................................................................................................................ 3 Contact Pure Storage Support ............................................................................................................................................................... 3 Support Services ................................................................................................................................................................ 3 Support Packages .............................................................................................................................................................. 4 Evergreen Storage ................................................................................................................................................................................... 5 Portworx Support Services ..................................................................................................................................................................... 5 Technical Support Services .................................................................................................................................................................... 6 Support Technologies ............................................................................................................................................................................. 7 Pure Storage Support Portal ............................................................................................................................................. 10 Support Contacts .............................................................................................................................................................. 10 Severity Levels ...................................................................................................................................................................11 Opening a New Case ..........................................................................................................................................................11 Hardware Replacements ................................................................................................................................................... 12 Program Critical Services (BCS) Program ......................................................................................................................... 12 BCS Program Highlights ........................................................................................................................................................................ 13 Reinstatement and Renewals ............................................................................................................................................ 14 PURE STORAGE CUSTOMER SUPPORT GUIDE 3 Introduction This guide briefly describes the technical support and maintenance services that Pure Storage ® provides its customers. Contact Pure Storage Support • Web pure1.purestorage.com/support • Phone (Us) +1 (866) 244-7121 or +1 (650) 729-4088 • Phone (International) support.purestorage.com/?cid=ContactUs Customer may contact Pure Storage Support at support@purestorage.com to request login credentials. Support Services We offer support for Pure Storage FlashArray tm and FlashBlade ® systems and their environments over the phone, by email, and through our web portal. Customers can get help with the following: For information on Product Supportability, please see our Pure Storage End-of-Product Lifecycle Overview (https://support.purestorage.com/?cid=Product_Life_Cycle_Overview). Services Usage Assistance with day-to-day administration and implementation of Pure Storage best practices Diagnosis Analysis of Pure Storage product error messages, identification, and isolation of root causes, and tracking of existing problems Resolution Solutions for problems, but also methods of avoiding trouble without compromising system performance or reliability Monitoring Pure Storage Support proactively monitors systems that are under “Premium” or “Advanced” maintenance plans that have Pure1 ® enabled PURE STORAGE CUSTOMER SUPPORT GUIDE 4 Support Packages The following table outlines our maintenance and support packages: 1 Applies to time after diagnoses and dispatch; not after the ticket is opened. 2 With Same-day Shipping there is no time-delivery commitment, the order is placed on the same day that the part has been diagnosed as faulty and replacement requested. The part is shipped from regional depots and may be subject to international transportation and customs lead times. The end user should be made a ware that they will need to act as importer of record internationally 3 Applies to Severity 1 only, Next Business Day delivery for all others. Basic Next-Business Day Four-Hour Hotline 365 x 24 x 7 365 x 24 x 7 365 x 24 x 7 Response Time 15 minutes 15 Minutes 15 minutes Pure1 Yes Yes Yes Online Training Yes Yes Yes Proactive Monitoring No Yes Yes SLA for Hardware Replacement1 Same-day shipping: delivery varies2 Next-business-day delivery Four-hour delivery (If Severity 1)3 Included Controller Upgrades Evergreen//Forever Evergreen//Forever Evergreen//Forever Remote Software Upgrade Included Defect fixes only Unlimited Unlimited Optional DSE No No No PURE STORAGE CUSTOMER SUPPORT GUIDE 5 Evergreen Storage The following is a breakdown of the different Evergreen TM subscriptions: Portworx Support Services Customers may contact Pure Storage Support for assistance with their Portworx tm product via the above mentioned methods in CONTACT PURE STORAGE SUPPORT. Portworx Support Levels Severity 1 The classification used when the Software fails to function causing the system on which it is installed to go down or “crash” or data from Portworx volumes are unavailable. Portworx shall initially respond to the customer within one (1) hour. Severity 2 The classification used when there is an error that does not render the system on which it is installed inoperable, but which materially interferes with the Software’s ability to perform. Portworx shall initially respond to the customer within six (6) hours. Severity 3 The classification used when there is an issue that causes or results in substandard or erratic performance. Portworx shall initially respond to the customer within one (1) day. Severity 4 The classification used when there is an issue that produces an inconvenient situation or when the customer requests an enhancement. Portworx shall initially respond to the customer within five (5) business days. Figure 1. Include images that add value to the readers’ understanding of your content. Use the caption to provide context or explanation. PURE STORAGE CUSTOMER SUPPORT GUIDE 6 Technical Support Services Pure Storage’s technical support services are proactive, reaching out to customers when alerts in our Pure1 monitoring system brings attention to a problem, (see “Support Technologies,” below). Customers may also discover issues and contact us for help, through telephone or email. Whether the issue comes to our attention through an alert or a customer’s contact, as soon our team becomes aware of a serious issue, we create a case, start the clock, and immediately get to work. Throughout the support process, we notify customers according to the severity level of the issue they face, (see “Severity Levels” on page 8). When a problem is brought to Pure Storage Support’s attention through a Pure1 alert, we already know a lot about what’s happening, because the alert includes a description of the problem, the time it began, and how critical it may become. In a case like this, the Technical Support Engineer (TSE) evaluates the alert to determine how to respond. If appropriate, they promptly email the customer’s designated contact person, filling them in on the situation. When a customer brings the issue to Pure Storage Support’s attention over the phone, a Customer Support Specialist (CSS) fields the call, performs basic analysis, and creates a case in our management and tracking system. The CSS then puts the case in the hands of a qualified TSE who works with the customer to gather information such as system logs and to analyze the problem in depth. If the customer request arrives through email, the TSE usually responds to that correspondence first but may follow up later by phone. In either scenario, to better diagnose the problem, the TSE may ask for a video conference and to connect to the device through our secure Remote Assist, (RA) technology, (see “Support Technologies,” below). While the TSE will likely produce a resolution that fits with both the customer’s insights and the evidence at hand, occasionally the case may need to be escalated, especially when the problem has a high level of severity. At that point, team members with higher levels of expertise or specialization join the effort. The original TSE, however, remains as the point of contact for the customer. In addition to contacting customers when problems arise, Pure Storage Support also reaches out proactively when there is a need to upgrade a particular version of Purity software, as when a serious issue is discovered with a version that a customer is running. When setting up an upgrade or lending assistance with any other activity, such as configuring a new feature, we schedule a time that is both convenient and efficient. PURE STORAGE CUSTOMER SUPPORT GUIDE 7 While customers are notified of the progress of cases throughout an investigation or any other service, after the problem is resolved, customers confirm that they are completely satisfied with the issue’s resolution before we close the case. We then ask them to fill out a brief survey where they may offer feedback. Support Technologies Pure operating environments have several built-in features that allow for quick, effective troubleshooting: Pure1 and Remote Assist. These tools enable our technicians to anticipate issues and work with problems often before they arise. Pure1 is an essential part of Pure Storage’s overall strategies that allows the technical support team to monitor every connected device and then proactively identify potential problems. It operates through a secure link where logs are transmitted every 30 seconds to a secure server, enabling detection of performance issues and error-rate trends. When a problem is discovered, an alert immediately reports the issue so that action can be taken quickly. Records of previous alerts and other diagnostic operations provide a history off significant events to inform the troubleshooting effort. While Pure1 provides preliminary diagnostic information, in many cases, the most efficient way to service a Pure Storage product is by the direct intervention of a Technical Support Engineer (TSE). At that point, the operating environment’s Remote Assist (RA) feature enables the TSE to communicate directly with the device through a secure link. Typically, RA sessions also include simultaneous video or phone conferences. Once begun, an RA session runs in the background of the server’s operating environment until it is terminated by the customer, the TSE, or by automatically timing out. To ensure security, connection to Pure1 only transmits diagnostic data. It never accesses any customer data. Only a customer’s local administrator can open a Remote Assist session. Further, only one RA session can be active at any time, though many TSEs may be active on that one session. A closer look at motitoring systems, Alerts and Pure1 The Pure1 system constantly monitors Pure FlashArrays and FlashBlades that are working under Premium or Advanced maintenance plans and that have Pure1® Cloud enabled. The system creates alerts when individual processes or components may need attention. Depending on the alert, the customer, Pure Storage Support, or both are immediately informed. PURE STORAGE CUSTOMER SUPPORT GUIDE 8 Pure Storage Support monitors all alerts that indicate: • A Products Failure to function • Data loss or access issue • Product performance degradation • Visible changes in state on the UI or CLI Specific features or processes that may cause alerts: • Visible changes in state on the UI or CLI • SSD loss or lack of space • NVRAM loss • Controller or component fault • PSU fault • Temperature or fan fault • SAS Cabling fault • Path to drive loss (SAS interposer) • Throttling start and stop alerts • Capacity limit alert • Array startup Find a full list of alerts here: • FlashArray https://support.purestorage.com/?cid=PurityFA_Alerts • FlashBlade https://support.purestorage.com/?cid=PurityFB_Alerts When alerted of a problem, Pure Storage Support starts analyzing the nature of the issue immediately, using the diagnostic information sent with the alert. With all critical alerts, after a TSE has completed an initial analysis, Pure Storage Support contacts you regardless of the time of day or the day of the year, (unless specifically instructed not to do so by a no-contact order that was previously put in place by the customer). Note: Because time may be spent on analysis after the initial alert is sent, the TSE’s initial contact may be briefly delayed. Additionally, for non-critical alerts, we only contact customers as appropriate (usually during regular hours). For example, if we determine that a failover was “by design” and had no impact on I/O being served, we may follow up during regular business hours. PURE STORAGE CUSTOMER SUPPORT GUIDE 9 Prerequisites Required for Alerts The customer must have Pure1 enabled on all Pure servers, whether FlashArrays or FlashBlades. Those sites that are not connected are considered “dark” sites. (See “Advice for Unconnected ‘Dark’ Sites,” below). All of the services described above occur 24 hours per day, seven days per week, and 365 days per year. For all critical alerts, Pure Storage Support will reach out to customers through their designated representatives. For that reason, we strongly recommend that customers provide an email alias and phone (or pager) number to alert the entire team that is in charge of the Pure server equipment. Doing so ensures that the alerts from Pure Storage Support can reach the correct individuals without delay. Unconnected “Dark” Sites Some customers have strict security requirements that do not allow information such as logs to leave their site for the Pure1. Our support methodology is based on being informed about the status of customer’s servers when a customer elects not to use Pure1, they limit our ability to proactively resolve problems. Consequently, Pure Storage Support must rely on the customer’s administrators to take a much more active role both in monitoring the equipment and, when problems arise, take a more active role in basic troubleshooting. To that end, Pure Storage offers a training course, written materials, and special tools that are targeted for administrators at unconnected, “dark” sites. We strongly recommend having at least two Pure-certified administrators on staff at each of these sites. For more information on the assistance offered to dark sites, see the FlashArray Management Training Course information: (https://support.purestorage.com/FlashArray/Getting_Started_with_FlashArray/FlashArray_Managemen t_Training_Course). This certification course includes both video and hands-on training, plus a complete manual detailing methods that are not dependent on electronic connection to Pure Storage or any other site. PURE STORAGE CUSTOMER SUPPORT GUIDE 10 Pure Storage Support Portal Pure Storage operates a state-of-the-art customer support portal at https://support.purestorage.com. The portal supports browsing from desktop, tablet, or smartphone with single sign-on between all sections of the site. If you are an existing customer, an account should have been created for you by your account team. If you have any questions or need assistance, email community@purestorage.com. The support portal provides access to the following: Support Contacts Designated support contacts are the only people from customer sites who can speak to Pure Storage Support technicians on behalf of their companies. Implemented for the customer’s security, this policy ensures that all information provided by our TSEs is received and implemented by the appropriate personnel within the customer’s organization. Customers need to designate all support contacts before they attempt to open their first case. Different types of customer contacts follow: Portal Description Manage Easily monitor and manage your Pure Storage devices from anywhere. Cases Open, update, and view your support tickets with Pure Storage Support. Knowledge Access release notes, user guides, installation guides, advice on best practices, troubleshooting, and more. Community Access peer-to-peer discussions with other members of the Pure Storage Community. Ask questions, share tips and tricks, and communicate with other customers. Callers Description Authorized Callers A customer can designate up to five individuals as authorized callers for each site. Only these designated contacts can call and receive assistance from Pure Storage Support. Customers may request portal accounts for these individuals through email to Pure Storage Support. Pure1 Admin The Pure1 Admin is the person at the customer’s site who is authorized to provide support for a Pure FlashArray or FlashBlade. As the customer’s resident Pure Storage expert, the Pure1 Admin is responsible for the administration of contacts and for assisting users. Knowledgeable about a wid e range of product issues, this person determines whether a particular problem can be solved locally or needs to be referred to Pure Storage Support. Backup Contacts Backup contacts should be located at the same site as the Pure1 Admin and be able to per form all the necessary duties on the FlashArray or FlashBlade, including contacting Pure Storage Support and opening RA sessions when required. PURE STORAGE CUSTOMER SUPPORT GUIDE 11 Severity Levels Pure Storage Support will assign a severity level to each new case by using a formal ranking system that is based on the business impact of the problem. If the severity is raised, the new severity level continues through the life of the case. When tracking a case on the Pure1 Portal, this value can be as the “Case Severity.” Opening a New Case Open a New Case Via the Web Portal When possible, Pure Storage recommends opening new cases via the support portal at https://pure1.purestorage.com/support. Open a New Case Via Phone To open a case via phone, visit the following portal for available phone numbers: https://support.purestorage.com/Pure_Storage_Technical_Services/Technical_Services_Information/Co ntact_Us Severity Definition Initial Response Update Frequency Severity 1 Emergency Critical impact to a critical business system which is preventing business functions from operating, resulting in loss of productivity or financial impact, including data loss or data corruption. 15 Minutes Continuous updates Severity 2 Major Major impact on a critical business system with reduced or degraded functionality impacting productivity or financial loss. 30 minutes Updates daily or as agreed Severity 3 Minor Minor impact or degradation of service to business system impacting non-essential functions with minimal or no impact to the business. 1 Business Hour Every other business day or as agreed Severity 4 Informational Information inquiries including a request for documentation, questions on product functionality, or configuration. 2 Business Hours Updates as agreed PURE STORAGE CUSTOMER SUPPORT GUIDE 12 Hardware Replacements Pure Storage Support provides quick replacement of any malfunctioning Pure hardware. When we determine that a hardware component needs to be replaced, the TSE initiates the shipping of the replacement part and, if required, dispatches a Field Technician to perform the part replacement. If a hardware issue arises during installation, a new shipment for the entire asset may be procured from the nearest available factory on the following business day, with expedited delivery. If a field technician is required for hardware replacement, customers need to provide information on the location of the device, including the address of the datacenter and any pertinent information within it, such as grid coordinates. The customers also need to provide specifics for site security that may be required to effect repair of the device. After replacement of a part, the replaced hardware component must be shipped back to Pure Storage by the customer, using the packaging in which the replacement part was delivered. To ensure correct delivery, Pure Storage will provide a pre-paid return label to affix to the packaging via email. For an additional charge, customers may choose to retain drives that were installed in the replaced products. When purchasing support strategies for some countries where Pure Storage does not have a parts depot, the Pure1 Basic Support plan may be an available option. With this plan, Pure Storage ships parts from a fulfillment center on the same day, though the company may not be able to guarantee a specific delivery time. Program Critical Services (BCS) Program The BCS service is a billable add-on option that is available for the Premium maintenance plan during periods of one, three, or twelve months. The program provides two key personnel for each of its customers. • A Support Account Manager (SAM) who provides account management services • A Designated Support Engineer (DSE) who provides technical support services The SAM becomes familiar with the customer’s technical account and administrative needs and acts as the primary conduit for communications. The DSE remotely services the customer’s FlashArrays and FlashBlades, as well as providing expertise on the customer’s environments, configurations, and procedures. PURE STORAGE CUSTOMER SUPPORT GUIDE 13 BCS Program Highlights The following highlights show the value of the BCS Program: • Single point of contact for the management or technical support cases • An intimate understanding of the customer’s environment • Remote assistance for the administration of the Pure FlashArray or FlashBlade • Proactive support, maintenance, and troubleshooting assistance • Knowledge transfer and technical assistance with customer’s staff BCS Program Features and Benefits Each customer has direct access to an experienced support engineer who understands the customer’s IT environment as it relates to the Pure FlashArray or FlashBlade. The SAM is the central point of contact for support management activities, including: • Senior designated resource providing a communication conduit into Pure Storage Support . • Knowledge of customer environments, requirements, planning, and personnel . • Defines business-critical success criteria prior to Implementation and then reports progress. • Oversees the installation of Pure technology by acting as a liaison to support. • Engages technical expertise (Implementation, Integration, solution architects, technical training, etc.), as required. The DSE helps the customer in the following ways: • Participates in a weekly status call with the customer and summarizes outstanding issues along with the health and performance of the FlashArrays and FlashBlades. • Performs weekly proactive scans for known pathologies on the customer’s FlashArrays and presents any fi ndings, sharing a plan of action for any issues found. • Troubleshoots and resolves problems when they are found. PURE STORAGE CUSTOMER SUPPORT GUIDE purestorage.com 800.379.PURE [insert publication number and date here] ©2022 Pure Storage, the Pure P Logo, and the marks on the Pure Trademark List at https://www.purestorage.com/legal/productenduserinfo.html are trademarks of Pure Storage, Inc. Other names are trademarks of their respective owners. Use of Pure Storage Products and Programs are covered by End User Agreements, IP, and other terms, available at: https://www.purestorage.com/legal/productenduserinfo.html and https://www.purestorage.com/patents. The Pure Storage products and programs described in this documentation are distributed under a license agreement restricting the use, copying, distribution, and decompilation/reverse engineering of the products. No part of this documentation may be reproduced in any form by any means without prior written authorization from Pure Storage, Inc. and its licensors, if any. Pure Storage may make improvements and/or changes in the Pure Storage products and/or the programs described in this documentation at any time without notice. THIS DOCUMENTATION IS PROVIDED “AS IS” AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. PURE STORAGE SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE FURNISHING, PERFORMANCE, OR USE OF THIS DOCUMENTATION. THE INFORMATION CONTAINED IN THIS DOCUMENTATION IS SUBJECT TO CHANGE WITHOUT NOTICE. Pure Storage, Inc. 650 Castro Street, #400 Mountain View, CA 94041 Reinstatement and Renewals If we suspend support services for any period of time due to non-renewal or a violation of the Support Agreement, you may reinstate services by submitting the full amount of any lapsed payments, outstanding fees, and reinstatement penalties. If within the calendar quarter, we may waive reinstatement fees and penalties. Our Renewals team will guide you through the process. EVERGREEN™ //FOREVER SUBSCRIPTION PROGRAM DESCRIPTION The Evergreen™//Forever Subscription Program Description is applicable to the provision of an innovation and support subscription for Pure Storage’s Products described below (“Evergreen Subscription(s)”) as purchased by the End User from Pure Storage, Inc. or its wholly owned affiliates (“Pure”) or a Pure authorized reseller. Terms for the applicable Products and Evergreen Subscriptions purchased by End User are described below. The Subsc ription applies to Pure’s FlashArray Products and FlashBlade Products (for purposes of this document only, “Products”), as specified below. LOVE YOUR STORAGE GUARANTEE The first Product purchased by End User comes with a 30-day “money back” guarantee, under which End User can receive a full refund for the Product and applicable Evergreen Subscriptions, provided (i) End User must have performed a good -faith installation of the Product and enabled the Pure1® phone home feature, and (ii) End User must notify Pure within 30 days of receipt of the Product to elect for a refund, and must return the Product within 10 days of such notice, in like new condition (other than normal wear and tear). Pure will pay the shipping costs for returns in accordance with Pure’s reasonable instructions. Refunds will be processed within 30 days following Pure’s receipt of the returned Product. Pure reserves the right to charge reasonable refurbishing fees for damage to the Products while under End User’s control. If End User has conducted an evaluation of the Product, then End User has had an opportunity to evaluate the Product and is not eligible for this guarantee. This guarantee applies to Pure’s FlashArray and FlashBlade Products. ALL ARRAY SOFTWARE INCLUDED When End User purchases a Product, software functionality and features in the applicable array operating environment for FlashArray and FlashBlade, such as replication, clones, snapshots, and ActiveCluster synchronous replication, are licensed at no additional charge. A cont inuous, active Evergreen Subscription for a Product provides access to new software functionality and features in the applicable array operating environment when and if released by Pure. Please see Product documentation for details. This applies to Pure’s FlashArray and FlashBlade Products. Future products or services may be licensed or sold separately. RIGHT-SIZE GUARANTEE Pure offers an effective capacity guarantee to Pure End Users that purchase the Product, based on the workloads specified by that End User (“The Right-Size Guarantee”). The Right-Size Guarantee is a separate, optional agreement customized to End User’s specific capacity needs and workload(s). The guarantee lasts for twelve months and applies only once signed by Pure and End User. End User should ask their account representative for more details. The Right-Size Guarantee applies to Pure FlashArray //X Products. EVERGREEN FOREVER COMPONENT REPLACEMENT The Products are designed to be evergreen, whereby key components can be modularly replaced and upgraded to next generation Products over time. A continuous, active Evergreen Subscription keeps the then-current Product performing substantially in accordance with the Product documentation, including protecting from failures due to flash media wear and reducing the impact of individual component end - of-life events. Certain components such as flash media can be mixed and matched within Product models (within the same array) to reduce compatibility concerns across generations and extend overall array lifespan. Please see Product documentation for details. Evergreen Forever Component Replacement applies to Pure’s FlashArray and FlashBlade Products, and is limited to Evergreen //ForeverSubscription. Unless the End User has purchased a Non -Return option, in the event the End User does not return part, the End User will be charged the full list price of that part. This also includes failed parts replaced by spares that the End User has purchased. For an Evergreen //FoundationSubscription only, replacement will be offered as long as the replacement parts are still available. When replacement parts are no longer available, substitute parts may incur an additional cost. FLAT AND FAIR The rate Pure charges an authorized reseller for any renewal of the Initial Evergreen Subscription purchased by the End User (the “Renewal Rate”) remains flat to the rate offered to the authorized reseller at the time of the Initial Evergreen Subscription, provided that the renewal subscription including maintenance and support remains generally available for the applicable Product at the time of renewal. The Renewal Rate will be determined by applying the same Evergreen Subscription term, s ervice level, and applicable pre-renewal in-rack configuration for the applicable Product and will not include any one- time promotional discounts or deals made available at the time of the initial purchase. Renewal Rates will be in U.S. Dollars. In the event of a severe inflation event, defined as annual inflation in excess of seven percent 7% (as measured by the Producer Price Index), the parties will negotiate, in good faith, reasonable adjustments to the Renewal Rate in an amount not to exceed the inflation over the period since the last renewal. This Subscription imposes no obligation to renew Evergreen Subscriptions for a Product. Flat and fair applies to Pure’s FlashArray and FlashBlade Products. EVER MODERN If End User purchases a Pure-branded Evergreen//Forever Subscription for a Product (“Forever Subscription”), and maintains the Forever Subscription for the entire Product for three consecutive years from the initial Product purchase, then End User is eligible to receive upgraded controllers (for FlashArray products) or blades (for FlashBlade products) for each additional three years of Forever Subscription that End User purchases for the applicable Product thereafter (“Ever Modern”). Pure will ship the then-current upgraded controllers or blades for a particular Product within the same Product family, as designated by Pure, after the start of the applicable paid three-year renewal period. As an example, an End User running a 3-year old FlashArray with //M20 controllers may receive FlashArray //X20 controllers. End User must take receipt of the upgraded controllers or blades within 90 days from Pure’s notice that an upgrade is available (via electronic means to End User’s designated contact), and must return the existing controllers or blades to Pure within 45 days of receipt of the upgraded controllers. End User may receive upgraded controllers or blades no more than once every three years with respect to a given Product. A mid-term upgrade of controllers or blades under any special offers, promotions, or programs resets the three-year clock for purposes of Ever Modern. Purchases of “Evergreen//Foundation” or other non -eligible Evergreen Subscriptions do not qualify for Ever Modern. Ever Modern applies to Pure FlashArray Products. EVER AGILE Under a //Forever or other eligible Evergreen Subscription, Pure may offer Ever Agile bundles under which an End User purchasing a qualifying capacity expansion for a Product may receive a trade-in credit for existing controllers to apply towards new, upgraded controllers (and, if applicable, additional components associated with the SKU) (“Ever Agile”). End User must return the existing controllers (and such additional components, if applicable) to Pure within 45 days of receipt of the upgraded controllers. Ever Agile bundles may not be combined with other special offers, promotions, or programs, unless expressly stated in such special offers, promotions, or programs. Controller upgrades under Ever Agile resets the three -year clock for purposes of Ever Agile. End User is then eligible to receive upgraded controllers under Ever Modern when their controllers are three years old AND they have met the //Forever Subscription purchase requirements outlined in the “Ever Modern” section above. Trade -in credit for Ever Agile bundles do not apply to “Evergreen //Foundation” or other non-eligible Evergreen Subscriptions. Please contact Pure’s authorized resellers for specific pricing for Ever Agile bundles. Ever Agile applies to Pure FlashArray and FlashBlade//S Products. CAPACITY CONSOLIDATION Under a //Forever or other eligible Evergreen Subscription, if End User purchases a qualifying capacity expansion for a FlashArray or FlashBlade//S Product, End User may trade-in and consolidate a portion of existing installed capacity into the new capacity expansion (“Capacity Consolidation”). Pure will provide such End User a trade-in credit for storage already owned by the End User, up to a 25% credit of the new capacity expansion and up to 12.5% credit of the Gold Subscripti on for such FlashArray or FlashBlade//S Product. End User must return the old capacity to Pure within 45 days of receipt of the new capacity expansion. Please contact Pure’s authorized resellers for specific pricing for Capacity Consolidation purchases. Capacity Consolidation for FlashArray & FlashBlade//S applies to Pure FlashArray and FlashBlade//S Products. Under a //Foundation Subscription, if End User purchases a qualifying blade expansion for a qualifying FlashBlade Product, End User may trade-in and consolidate a portion of existing installed blades into the new capacity expansion. Pure will provide such End User a trade-in credit for blades already owned by the End User, up to a 25% credit of the new capacity expansion and up to 12.5% credit of the //Foundation Subscription for such FlashBlade Product. End User must return the old blades to Pure within 45 days of receipt of the new blades. Please contact Pure’s authorized resellers for specific pricing for Capacity Consolidation purchases. Capacity Consolidation under a //Foundation subscription applies to Pure FlashBlade Products, excluding FlashBlade//S. GENERAL TERMS This Subscription supplements the Terms (or other written agreement covering the same subject matter executed by Pure) and the Pure Customer Support Guide for the applicable Products and Evergreen Subscriptions purchased by End User. Pure reserves the right to update this Subscription from time to time, as noted by the “Last Updated” date. For purposes of Ever Modern, for purchases made prior to such updates, Pure will honor the terms in effect for the applicable Product until the later of: (i) the date End User next receives upgraded controllers under Ever Modern, or (ii) the expiration of the then-current Evergreen Subscription term. Pure may end the Subscription with respect to future Product purchases at any time. End User is responsible for shipping charges and applicable taxes. Professional installation is (a) available for an additional charge from Pure or its authorized resellers, and (b) may be required to ensure Pure’s ability to properly perform its maintenance and support obligations. Professional installation to be delivered by Pure will expire within 90 days of the ship date if not utilized by End User, except as otherwise agreed by Pure in writing. “Forever Flash” has been upgraded and replaced with “Evergreen Subscription.” Evergreen//Forever Subscription replaces “Gold” Evergreen Subscription and Forever Flash (FF) support contracts; and Evergreen//Foundation replaces “Silver” Evergreen Subscription and Non-FF support contracts. Product and components returned under this Subscription become the property of Pure. The Subscription is subject to Pure’s Privacy Statement and constitutes an integral part of the Subscription. These Subscription terms apply to Pure FlashArray and FlashBlade Products. FEAR, UNCERTAINTY AND DOUBT DISCLAIMER Be warned that vendors offering competing products may offer their advice on Pure’s terms or documentation. Pure’s advice: Take their biased views with a grain of salt. Come take a reference call from a Pure End User and learn how Pure is changing storage forever. See more at www.purestorage.com. Last Updated June 1, 2022 END USER AGREEMENT IMPORTANT: Please read this End User Agreement (“Agreement”) before installing or using any Products or services that you or the entity that you represent (“End User” or “Customer”) obtain from Pure Storage, Inc. (“Pure”) or from any third party authorized by Pure to resell the Products and services. By installing or using the Products or services, you represent and warrant that you have the authority to bind End User and agree that End User is bound by this Agreement with Pure, unless a separate written agreement is in effect that specifically governs the subject matter of your purchase. 1.UNIVERSAL END USER TERMS (APPLICABLE TO ALL PRODUCTS AND SERVICES). 1.1 Purchases Made Via Pure’s Authorized Resellers . Except for Pay-As-You-Go Software Licenses (as described in the Portworx Terms), all other Products and services are purchased via a Pure authorized reseller. All pricing, payment, and delivery terms (including risk of loss) for all Products and services are set forth in the order between End User and the applicable Pure authorized reseller. 1.2 Pure’s Retained Rights. Except for title to the underlying hardware for hardware purchases (as described in Section 2 herein) or Evergreen //Flex (as describe in Section 3.3 herein), Pure and its suppliers exclusively retain all right, title and interest, in all other intellectual property rights, including patent, trademark, trade name and copyright, whether registered or not registered, in and to the Products and related do cumentation, and any modifications, improvements, enhancements, customizations, updates, or derivative works thereof. Pure and its suppliers reserve all rights not expressly granted herein, and no other license or other implied rights of any kind are granted or conveyed. In the event that items of software code provided with the Products are subject to “open source” or “free software” licenses, nothing herein limits End User’s rights under, or grants rights that supersede, the applicable license therefore. End User grants to Pure a perpetual, irrevocable, worldwide, sublicenseable, fully paid -up and royalty-free right to modify and use any Feedback in any manner, provided that Feedback is anonymized and does not identify End User. 1.3 Product Restrictions. End User shall not directly or indirectly (a) reproduce, modify, distribute, assign, disclose or make available any portion of the Products (or any related documentation) to any third party (except as otherwise authorized herein); (b) rent, lease or sublicense the Products; (c) reverse engineer, decompile, or disassemble any portion of the Products, or otherwise attempt to decrypt, extract or derive source code for, or any algorithms or data structures embodied within, any portion of the Products (except to the extent the foregoing restriction is expressly prohibited by applicable law); (d) use the Products to develop a similar product or service; (e) transfer or copy the software to, or use the software 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 t he Products, 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 this Agreement if End User permits any third party to access the Products or s ervices. Any future release, update, or other addition to functionality of the Products 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 required by law or other proprietary notices in the Products or related documentation. 1.4 Data Privacy. If End User provides personal data to Pure, the parties will ensure that such personal data is disclosed and handled in acc ordance with all applicable data protection laws and the confidentiality provisions set forth in this Agreement. End User acknowledges and agrees that Pure does not host or have read or write access to the End User data stored on the Products. End User is solely responsible for data (including personal data) managed or stored using the Products and for compliance with all applicable data privacy laws related thereto, and where required by applicable law, additional terms and conditions may apply. To the e xtent Pure receives personal data from End User, the Pure Privacy Statement shall apply to Pure’s management and usage of such data. 1.5 Products, Services, and Subscriptions in the Data Center. End User acknowledges and agrees that it is exclusively res ponsible for placement and use of all Products and services in a secure network environment with security access controls and processes consistent with then-current data center and network security policies and procedures. Notwithstanding anything to the contrary contained herein, it is expressly understood by the parties that Pure does not host or have read or write access to the End User data stored on the Products. 1.6 Product Diagnostic Reporting. End User acknowledges that the Products store certain diagnostic information about the routine operations of the Product, including performance, capacity usage, data reduction ratios, configuration data, and hardware faults (“Pure1® Reports”) and, when enabled by End User, periodically transmit these Pure1 Rep orts 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 i nterest 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. HARDWARE PRODUCTS. (APPLICABLE T O CAPITAL PURCHASES OF PURE HARDWARE WITH A PERPETUAL LICENSE TO ANY EMBEDDED OPERATING SOFTWARE). Purchases of Pure’s hardware Products are covered by Pure’s Hardware Products Terms of Use. 3. EVERGREEN SUBSCRIPTIONS. 3.1 EVERGREEN //FOREVER (Applicable To Hardware And Software -Only Products). At its option, and subject to regional availability, End User may purchase an Evergreen Forever Subscription providing the generally available Product maintenance and technical support in accordance with the Pure Storage Customer Support Guide during the term for which End User has purchased such Evergreen subscription. Depending on the Product or level of Evergreen Forever Subscription purchased, certain benefits of the Evergreen Storage Program Description may also apply. Pure may designate support partners and authorized resellers to deliver the Evergreen Forever Subscription in accordance with this Agreement. 3.2 EVERGREEN //ONE. (F/K/A Pure As-A-Service; Applicable To The Purchase Of A Service Whereby Pure-Owned Hardware, Software, And Capacity-Management Services Are Delivered On A Consumption Basis). At its option, and subject to regional availability, End User may purchase an Eve rgreen //One subscription whereby Pure -owned products and services are provided to the End User on a consumption basis pursuant to the Evergreen //One Terms of Use. 3.3 EVERGREEN //FLEX. (Applicable To The Purchase Of A Consumption-Based License To Pure’s Software And Capacity Manag ement Services Delivered On Pure Hardware Owned By The End User). At its option, and subject to regional availability, End User may purchase an Evergreen Flex subscription whereby Pure’s software and capacity management services are provided to the End User on a consumption basis pursuant to the Evergreen //Flex Terms of Use. 4. PROFESSIONAL SERVICES. (APPLICABLE TO PROFESSIONAL SERVICES) End User may purchase Pure-branded professional installation or other professional services pursuant to Pure’s Professional Services Addendum. 5. PORTWORX PRODUCTS. (APPLICABLE TO PORTWORX PRODUCTS ONLY). Portworx Products are provided pursuant to the Portworx Products Terms of Use . 6. LEGAL MISCELLANEOUS. 6.1 Confidential Information. Pure’s Confidential Information includes all non -public information relating to, or derived from, the Products and services, including technical features, benchmark results, or performance resul ts. Information does not constitute a party’s Confidential Information if (a) already known by Recipient without obligation of confidentiality; (b) independently developed by Recipient without use of Discloser’s Confidential Information; (c) publicly known without breach of this Agreement; or (d) lawfully received from a third party without obligation of confidentiality. Recipient shall: (i) not use or disclose any Confidential Information except as expressly authorized by this Agreement or Discloser; (ii) protect Discloser’s Confidential Information using the same degree of care that it uses with respect to its own Confidential Information of a like nature, but in no event with safeguards less than a reasonably prudent business would exercise under similar circumstances; and (iii) limit access to Discloser’s Confidential Information to its employees, affiliates, agents, or authorized representatives having a need to know and who are bound by confidentiality obligations no less protective to those contained herein. Recipient shall take prompt and appropriate action to prevent unauthorized use or disclosure of Discloser’s Confidential Information. Recipient’s obligations under this Section 6.1 survive termination and continue for five (5) years from the date of termination of this Agreement. All tangible materials containing Confidential Information shall remain the property of Discloser. Upon termination, Recipient shall cease any use of Confidential Information. Upon Discloser’s written request, the receiving party shall promptly return (or at Recipient’s option, destroy) all documents and tangible materials containing any portion of, or summarizing, Discloser’s Confidential Information. At Discloser’s request, an authorized representative of Recipient shall provide a certificate attesting to compliance with this section. Recipient shall promptly notify Discloser of any legal, accounting or regulatory order or request requiring the disclosure of any Confidential Information to any third party and permit Disclose r (at its own expense) to seek an appropriate protective order. 6.2 Warranty Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, PURE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, TO THE EXTENT WARRANTIES MAY BE DISCLAIMED UN DER APPLICABLE LAW, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. PURE DOES NOT WARRANT AGAINST LOSS OR INACCURACY OF DATA OR THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS EXPRESSLY STATED HEREIN, PURE PROVIDES THE PRODUCTS ON AN “AS IS” BASIS. THE PRODUCTS ARE NOT DESIGNED OR INTENDED FOR USE WHERE FAILURE OF THE PRODUCT COULD REASONABLY BE EXPECTED TO RESULT IN PERSONAL INJURY, LOSS OF LIFE OR PROPERTY DAMAGE. END USER IS RESPONSIBLE FOR ENSURING THAT IT HAS APPROPRIATE DATA BACK-UP, DATA RECOVERY, AND DISASTER RECOVERY MEASURES IN PLACE. 6.3 Indemnification. Pure will indemnify and defend End User, at Pure’s expense, against any action brought by a third party against End User to the extent that the action is based upon a claim that the Products directly infringe any copyrights, trademarks, or U.S. or European Union patents, or misappropriate any trade secrets, and Pure will pay those costs and damages fin ally awarded by a court of competent jurisdiction against End User in any such action that are specifically attributable to such claim or those costs and damages agreed to by Pure in a monetary settlement of such action. If End User’s use of the Product i s, or in Pure’s opinion is likely to become, enjoined as a result of an infringement claim, Pure will, at its option and expense, either (i) procure the right to continue using the Product; (ii) replace or modify the Product so that it becomes non-infringing and remains functionally equivalent; or (iii) if, despite its commercially reasonable efforts, Pure is unable to do either (i) or (ii), Pure will accept return of the Product, terminate the rights herein, and pay to End User a prorated refund of the mon ey paid to Pure for the purchase of such Product reduced on a straight -line basis over a three-year life. Notwithstanding the foregoing, Pure will have no obligation with respect to any infringement claim based upon (a) any use of the Product that is not i n accordance with this Agreement or the corresponding Product documentation; (b) any use of the Product in combination with other products, equipment, software, or data not supplied by Pure if such infringement would not have arisen but for such combination; (c) the use of any release of the software other than the current and immediately preceding version; or (d) any modification of the Product by any person other than Pure if such infringement would not have arisen but for such modification. This Section 6.3 states Pure’s entire liability, and End User’s sole and exclusive remedy, for infringement claims and actions. The foregoing obligations are subject to End User notifying Pure promptly in writing of such action, giving Pure sole control of the defense thereof and any related settlement negotiations, and cooperating and assisting in such defense at Pure’s reasonable request and expense (including reasonable attorneys’ fees). 6.4 Limitation of Liability. EXCEPT FOR PHYSICAL BODILY INJURY, DEATH, WILLFUL MISCONDUCT, OR ANY INFRINGEMENT OR VIOLATION OF PURE’S INTELLECTUAL PROPERTY RIGHTS, IN NO OTHER EVENT WILL EITHER PARTY, THEIR PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES BE LIABLE FOR ANY SPECI AL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES, OR FOR LOST PROFITS, LOST OR CORRUPTED DATA, OR INTERRUPTION OF BUSINESS ARISING IN CONNECTION WITH THE USE OF THE PRODUCT OR SERVICES OR IN CONNECTION WITH ANY OTHER CLAIM ARISING FROM THIS AGREEMENT EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR PHYSICAL BODILY INJURY, DEATH, WILLFUL MISCONDUCT,INFRINGEMENT OR VIOLATION OF PURE’S INTELLECTUAL PROPERTY RIGHTS, OR PURE’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 6.3, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTIES’ AGGREGATE LIABILITY UNDER OR RELATING TO THIS AGREEMENT IS LIMITED TO DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE AMOUNT PAID BY END USER FOR PRODUCTS OR SERVICES THAT GAVE RISE TO SUCH CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. 6.5 Governing Law and Venue. This Agreement is governed and interpreted by and under the laws of the State of California, without giving effect to any conflicts of laws principles. The parties expressly consent to the personal jurisdiction and venue in the state and federal courts in Santa Clara County, California for any lawsuit filed there arising from or related to this Agreement. The U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. 6.6 Relationship. The parties hereto are independent contractors. Nothing in this Agreement shall be deemed to create an agency, employment, partnership, fiduciary or joint venture relationship between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. 6.7 Notices. Except as specifically stated, all notices or other communications required or permitted under this Agreement shall be in writing and shall be delivered by personal delivery, certified overnight delivery such as Federal Express, or registered mail (return receipt requested) and shall be deemed given upon personal delivery or upon confirmation of receipt. 6.8 Compliance with Laws. The parties agree to comply with all applicable laws with regards to the distribution and use of the Products and performance of its obligations under this Agreement, including but not limited to those laws specifically set forth in Section 6.10 herein. 6.9 Severability; Waiver. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement remain enforceable and the invalid or unenforceable provision is deemed modified so t hat it is valid and enforceable to the maximum extent permitted by law. Any waiver or failure to enforce any provision of this Agreement on one occasion is not deemed a waiver of any other provision or of such provision on any other occasion. 6.10 Export. The Products and related technology are subject to U.S. export control laws and regulations and may be subject to export or import regulations in other countries. End User represents and warrants that (a) it is not on any export control or economic sancti ons lists, including those subject to the Export Administration Regulations (“EAR”), International Traffic in Arms Regulations (“ITAR”) and Office of Foreign Asset Control Regulations (“OFAC”), or any other export exclusion list of any other U.S. or non-U.S. governmental agency; (b) it will not export Products or services to (i) destinations requiring a license; (ii) persons or entities requiring a license; or (iii) end user and end uses requiring a license, unless such license has been obtained; and (c) it will comply with the then -current version of such laws and regulations, including but not limited to agreeing not to export, re -export, divert, or transfer, directly or indirectly, any Products or other technology, software or technical data acquired fro m Pure (i) for use in activities which involve the development, production, use or stockpiling of nuclear activities of any kind, chemical or biological weapons or missiles, unmanned aerial vehicles, or microprocessors for military use, nor use the Products in any facilities which are engaged in activities relating to such weapons or applications, without prior authorization from the U.S. government and prior notification to Pure; (ii) to any entity or country that is subject to U.S. government approval, in cluding, but not limited to, Cuba, Iran, North Korea,, Syria, or the Crimea, Donetsk, or Luhansk regions of Ukraine, unless otherwise authorized by the U.S. government; (iii) to any entity or country that is subject to the selling country’s legal export re strictions, such as a debarred list issued by its government, if any; or (iv) for China military end-use or end-users or Russian military end -use or end-users or other destinations in Russia requiring an export license or other approval, unless otherwise a uthorized by the U.S. government. End User acknowledges that U.S. federal law and the selling country’s law prohibits the sale, export or re -export diversion or transfer, or other participation in any export transaction involving the Products with individu als or entities listed in the U.S. Commerce Department’s Table of Denial Orders, the U.S. Treasury Department’s list of Specially Designated Nationals, or the U.S. Department of State’s list of individuals debarred from receiving Munitions List items, or other applicable lists, such as the selling country’s entity or denial person/company lists. End User agrees to obligate, by contract or other similar assurances, the parties to whom it may re-export or otherwise transfer Products to comply with all obligat ions set forth in this Agreement. Upon Pure’s request, End User agrees to provide Pure with applicable end use information. 6.11 No Assignment. This Agreement, and End User’s rights and obligations herein, may not be assigned by End User without Pure’s prior written consent, which consent will not be unreasonably withheld, and any attempted assignment in violation of the foregoing will be null and void. 6.12 U.S. Government End Users. The Products and related documentation are “commercial off the shelf items” as defined in FAR 2.101 and their use is subject to the policies set forth in FAR 12.211, FAR 12.212 and FAR 227.7202, as applicable. 6.13 Force Majeure. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations under this Agreement on account of strikes, shortages, riots, insurrection, fires, flood, storm, pandemic, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, volcanic eruption, material shortages or any other cause that is beyond the reasonable control of the party. 6.14 Termination. The licenses granted in this Agreement, and End User ’s rights to use the applicable Product or services terminates immediately if End User materially breaches any provision of this Agreement and, if capable of cure, fails to cure such breach within 30 days from the date of Pure’s written notice to End User. Upon any such termination, any terms, which upon a plain-reading, are intended to survive termination or expiration of this Agreement, shall survive any termination of this Agreement. 6.15 Interpretation. All headings herein are inserted only for conveni ence and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. Each party has been given the opportunity to independently review this Agreement with legal counsel and each party has the requisite experience and sophistication to understand, interpret, and agree to the particular language of the provisions. Therefore, in the event of any ambiguity in or dispute regarding the interpretation of this Agreement, the drafting of the language shall not be attributed to either party. 6.16 Entire Agreement; Modification. This Agreement, and all supplementary terms referenced herein, is the entire agreement between the End User and Pure with respect to the subject matter hereof. All supplementary terms referenced in this Agreement are incorporated by this reference into this Agreement. Any varying or additional terms relating to the subject matter hereof in any purchase order, discussion, or other written document will be of no effect. Pure reserves the right to update these Terms from time to time, as noted by the “Last Updated” date below. 7. DEFINITIONS APPLICABLE TO ENTIRE AGREEMENT (ALL PRODUCTS AND SERVICES). 7.1 Agreement: this Pure End User Agreement and any attachments thereto. 7.2 Confidential Information: any nonpublic information of Discloser, whether disclosed orally or in written or digital media, that is identified as “confidential” or with a similar legend at the time of such disclosure or that Recipient knows or should have known i s the confidential or proprietary information of Discloser. 7.3 Discloser: a party disclosing Confidential Information. 7.4 Documentation: the standard end -user technical documentation and specifications that Pure provides or makes available with the Pro ducts. 7.5 Evaluation License: a limited-use license for evaluation purposes only of software -only Products. 7.6 Evergreen Forever Subscription: an innovation and support subscription for Hardware and software-only Products, which provides End User with additional software and hardware benefits. 7.7 Feedback: any input or feedback to Pure regarding the use, operation, performance, and functionality of the Products and Pre-Release Products, including identifying potential errors and improvements (collectively, “Feedback”). 7.8 Pre-Release Products: any beta or pre -release versions (before general public availability) of any Products. 7.9 Product(s): any Pure-branded hardware, software, subscription services (including any hardware or software components thereof) and any services. 7.10 Recipient: the party receiving Confidential Information from the Discloser. 7.11 System: each individual data storage device. Last Updated June 1, 2022