These Evergreen//One Connectivity and Configuration Terms (“Connectivity and Configuration Terms”), are an integral component of Everpure’s ability to deliver Evergreen//One, SLAs, and offer management capabilities to Everpure for the purpose of ongoing delivery of the Service, and maintenance of the Service Infrastructure.

1.  CONNECTIVITY, TELEMETRY, SOFTWARE VERSIONING, AND CONFIGURATION. End User acknowledges and agrees that as a condition precedent to any of Everpure’s obligations to provide any SLAs or any other features described in the Evergreen//One Product Guide, End User must: (a) maintain Pure1 connectivity for all Service Infrastructure; (b) allow Everpure to be able to manage the Service using Everpure Edge Services; (c) upgrade Purity at least twice per year on all Service Infrastructure, and install any critical updates deemed necessary by Everpure; (d) enable or allow Everpure to enable Service Mode UI, and ensure that Service Mode UI is not disabled; (e) install the Entitlement Agent, and ensure that Entitlement Agent is not disabled; (f) set or allow Everpure to set array performance levels consistent with the purchased subscription; (g) enable or allow Everpure to enable Fusion on all Service Infrastructure; (h) maintain a secure link to transmit usage logs to allow for performance and error-monitoring; (i) allow for Technical Support Engineers to connect via Remote Assist technology for deep-dive analysis and troubleshooting; (j) maintain connectivity during any Remote Assist Activity; and (k) comply with all Evergreen//One connectivity and configuration requirements as set forth herein.

1.1  MAINTAINING CONNECTIVITY. To the extent within End User’s reasonable control, End User shall ensure that End User is complying with all obligations as set forth in these Connectivity and Configuration Terms. Everpure reserves the right, upon prior notice, to exercise any of the following remedies to the extent End User fails to comply with these Connectivity and Configuration Terms in excess of 4 consecutive days in any 30-day period during the Service Term: (a) demand payment of the Pure1 Connectivity Charge to Everpure’s authorized reseller for the period of time Pure1 is disabled; or (b) upon 15 days’ prior written notice, suspend or terminate the subscription, in which case End User’s payment obligations remain in full force and effect regardless of any suspension or termination. End User acknowledges and agrees that to the extent maintaining compliance with these Connectivity and Configuration Terms is not possible, Everpure’s obligation to provide any SLAs is limited to commercially reasonable efforts to deliver those SLAs.

1.2  END USER CONNECTIVITY CHARGES. Except for those End Users who have purchased a Dark Site SKU, End User shall pay a minimum Daily Rate (invoiced monthly in arrears) for each day that End User is not in compliance with its obligations as set forth herein and the Evergreen//One Product Guide, in excess of four days during a 30-day period at a minimum of the Daily Rate equivalent to End User’s Reserve Commitment plus 25% buffer capacity, at the On-Demand Rate. If there is any utilization above the Reserve Commitment plus 25% buffer capacity, End User will be charged the greater usage at the On-Demand Rate.

2.  SITE PLANNING AND INSTALLATION OBLIGATIONS. End User is responsible for overall site planning, which includes meeting all prerequisites for installation for Service Infrastructure, including all obligations as set forth in the Evergreen//One Terms of Use.

2.1  DEPLOYMENT REQUIREMENTS. Any location used for installation or capacity expansion must support the standard deployment requirements of Evergreen//One; failure to meet these site requirements makes the End User responsible for all resulting fees, taxes, or levies.

3.  OPERATIONAL CONTROL AND SECURITY.

3.1  CHANGE CONTROL OWNERSHIP. End Users own the overall change control process for any modification to Service Infrastructure, including the coordination of all necessary approvals for upgrades or expansions.

3.2  ACCOUNT INTEGRITY. Users are solely responsible for maintaining the confidentiality and security of their Pure1 account login and password; Everpure is not liable for unauthorized access resulting from a failure to secure these credentials.

3.3  DATA RESPONSIBILITY. End Users are exclusively responsible for the data (including personal data) managed or stored using the services and must ensure compliance with all applicable data privacy laws.

3.4  BACKUP AND RECOVERY. End Users are responsible for ensuring they have appropriate data backup, recovery, and disaster recovery measures in place independently of the Evergreen//One subscription.

4.  General Terms. These Terms supplement the Everpure End User Agreement (or other written agreement covering the same subject matter executed by Everpure) 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. Everpure reserves the right to update these Terms from time to time, as noted by the "Last Updated" date below.