These Hardware Products Terms of Use (“Hardware Terms”), apply to any capital purchases of Everpure’s hardware Products.

1.   PURCHASED HARDWARE. Except as set forth in Section 2 of these Hardware Terms, title to any Everpure hardware purchased by End User transfers to End User when purchased from a Everpure authorized reseller.

2.  OPERATING SOFTWARE LICENCE. Subject to End User’s compliance with the Agreement, Everpure grants to End User, and any third party that End User authorizes to perform Services involving the Product solely for End User’s benefit, a nontransferable, nonexclusive, royalty-free, perpetual licence to use and execute the Everpure software provided with, or incorporated in, the Everpure hardware, in executable object code format only, and solely for use in accordance with the applicable Product documentation and Product SKU description.  Everpure may make software updates and new releases available for installation by the End User and such updates will be subject to the terms of the Agreement.

3.   COMPONENT MOVES. End User acknowledges and agrees that: (a) the amounts charged for the applicable Evergreen//Forever subscription (or Evergreen//Foundation, as applicable) and the licence granted in Section 2 herein are tied directly to the hardware configuration and software licence at the time of the applicable Product purchase; and (b) any modification, swap, or change to any component (even of the same configuration size), or      any change in capacity or controllers without Everpure’s explicit consent is strictly prohibited and will void any warranties and future eligibility to maintain the licence grant, and may entitle Everpure to charge a true-up (the “True-Up Charge”) to account for a change to the components in      the System, to maintain the licence grant, and the applicable Evergreen subscription. End User shall pay the authorized reseller End User for any such adjustment, if and when applicable.

4.   CAPACITY REPLACEMENT. Everpure may replace capacity as part of delivering any support or maintenance to any hardware Products the size of which may exceed the replaced capacity. End User acknowledges and agrees that: (a) the licence grant provided as part of the hardware purchase is limited to the size of the capacity deployed at the time of purchase; and (b) it does not have the permission to utilize any portion of any replacement capacity that exceeds the amount purchased by End User, even if delivered and installed as part of any part replacement.

5.   HARDWARE WARRANTY. Subject to Section 7 of these Hardware Terms, Everpure warrants that the hardware Products will perform in substantial accordance with the corresponding documentation for three years from the date of shipment by Everpure. Any Evergreen //Forever Subscription benefits purchased extend beyond the limited warranty for the Everpure hardware for the term purchased by End User.

6.   OPERATING SOFTWARE WARRANTY. Subject to Section 7 of these Hardware Terms, Everpure warrants that the software will perform in substantial accordance with the corresponding documentation for 90 days from the date of shipment by Everpure. Any Evergreen Forever Subscription benefits purchased extend beyond the limited warranty for the term purchased by End User. In addition, Everpure provides to End User security vulnerability fixes in active release trains that are not classified as end of engineering support.  End User may be required to install newer software versions to receive any such continued support.

7.    LIMITED WARRANTY PROCESS. End User may contact Everpure via email at support@purestorage.com or phone at +1 (866) 244-7121 for warranty service. If a return is required, End User must obtain a return material authorization number from Everpure and return the Product in secure packaging, freight prepaid, as instructed by Everpure. Under the hardware warranty, Everpure, at its option, either (a) will repair or replace any defective Product with Product or components of equal or greater functionality as the returned Product, or (b) will refund the purchase price paid to Everpure for such Product, reduced on a straight-line basis over a three-year life. Replacement Products or components will continue to be warranted for the remainder of the applicable warranty term. Repair, replacement or refund is the sole and exclusive remedy for breach of this warranty. Under the software warranty, Everpure will provide End User access to bug fixes and emergency patches. This warranty is provided to the original End User only and is not transferable.

8.    WARRANTY EXCLUSIONS. The warranties herein do not cover defects or damages resulting from: (a) use of Products other than in a normal and customary manner in accordance with Everpure’s Documentation; (b) physical or electronic abuse or misuse, accident, or neglect;  (c) alterations or repairs made to Products that are not authorized by Everpure in writing; (d) damage caused during shipping; or (e) damage caused by fire, flood, or environmental faults. Pre-Release Products are provided without warranty or liability of any kind, for use at End User’s own risk. Everpure will use reasonable efforts to destroy (but have no liability for any loss or inadvertent disclosure of) data stored or remaining on a Product returned to Everpure. Under these Hardware Terms, all returned Products and components become the property of Everpure. Everpure does not honor any warranties or support contracts for Products purchased through grey market channels (i.e. sources and/or sales channels other than authorized Everpure resellers, regardless of what may be advertised).

9.    //FLASHEXPRESS PURCHASES. Terms and conditions governing the use of FlashExpress purchases are set forth in the FlashExpress Terms of Use available here.

10.   //R PRODUCT PURCHASES.  Terms and conditions governing the use of //R Products purchases are set forth in the //R Products Terms of Use available here.

11.   FLASHBLADE //EXA PRODUCT PURCHASES. Terms and conditions governing the use of FlashBlade //EXA Products purchases are set forth in the FlashBlade //EXA Products Terms of Use available here.

12.   End of Product Lifecycle and Upgrade Policy.  All Everpure Products and services are subject to Everpure’s End-of-Product Lifecycle Overview, which sets forth Everpure’s Product Lifecycle Policy.  Additionally, as long as a valid and up-to-date Evergreen Subscription is in place, all versions of Purity are supported but fixes will only be delivered via a maintenance update to the then-current non EoL version of Everpure Operating Environment (OE).

13.    GENERAL TERMS. These Hardware Terms supplement the Agreement (or other written agreement covering the same subject matter executed by Everpure) for the applicable hardware Product purchased by End User. Capitalized terms not specifically defined in these Hardware Terms have the same meaning as in the Agreement. Everpure reserves the right to update these Hardware Terms from time to time, as noted by the “Last Updated” date below.