1. TERMINATION AND RENEWALS.

1.1 Non-Cancellable Purchase. Except as otherwise set forth herein, purchases of Portworx products are non-cancellable upon order acceptance.

1.2 Termination of Consumption-Based License. End User may terminate a Consumption-Based License for any reason and at any time, provided that End User: (a) provides Everpure 60 days’ prior written notice; (b) pays in full any On-Demand charges incurred through the date of termination; and (c) pays in full all Reserve Commitments outstanding from the date of termination through the end of the Service Term.

1.3 Termination for Cause. Either party may terminate any Software license (Term-Based, Consumption-Based, or Pay As-You-Go) for cause, immediately upon written notice to the other party if (collectively, “For Cause”): (a) the other party materially breaches any of the terms of these Portworx Terms, and fails to cure that breach within 30 days of its receipt of written notice of that breach; or (b) a party becomes insolvent or makes an assignment of these Portworx Terms for the benefit of creditors or is the subject of a bankruptcy or similar proceeding. In addition, if End User materially breaches these Portworx Terms, or fails to pay any undisputed amounts when due, then upon 7 days’ notice, Everpure may suspend the applicable Software licenses until that breach is cured. Any suspension will not affect, or otherwise toll the Service Term or any amounts due for the period of the suspension.

2. Renewals and Expansions. Portworx purchases automatically renew for the length of the original Service Term with a valid Purchase Order, and End User will be invoiced accordingly, unless End User provides Everpure and/or its authorized reseller written notice of its intent not to renew at least sixty (60) days prior to the expiration of the then-current Service Term. End User is charged twice the number of Licensed Nodes originally contracted regardless of metered usage, if End User continues to use Portworx after the expiration of the Service Term without renewal.

3. GENERAL TERMS. TheseTerms supplement the Everpure End User Agreement (or other written agreement covering the same subject matter executed by Everpure) for the applicable Software product purchased by End User. Everpure reserves the right to update these Portworx Terms from time to time, as noted by the “Last Updated” date below.