Public Cloud Terms

These Public Cloud Terms (“Cloud Terms”) govern End User’s purchase or use of Cloud Block Store or any subscription or license on, or from, a Public Cloud Provider (collectively “Cloud Subscriptions”).

1.   Public Cloud Provider Terms. Cloud Subscriptions may be made available for purchase, activation, and use through a third-party, public-cloud service provider such as Amazon Web Services, Google Cloud, or Microsoft Azure (each, a “Public Cloud Provider”). By accessing or utilizing any Cloud Subscriptions, End User acknowledges and agrees that: (a) it is responsible for reviewing, consenting to, and complying with the relevant Public Cloud Provider’s terms and conditions (the “Public Cloud Terms”); (b) the Public Cloud Terms govern End User’s access to, and use of, the Public Cloud Provider’s platform, while the Agreement and the applicable Product terms therein, and these Cloud Terms govern End User’s access to, and use of, the applicable license or subscription; (c) to the extent a conflict arises between the Public Cloud Terms and the Agreement, the Agreement prevails; and (d) license keys to Evergreen //One purchased via a public cloud marketplace must only be used on the computer (or similar compute device) utilized by the End User at the time of purchase.

2.   Purchases From a Public Cloud Provider. Subscriptions purchased or procured from a Public Cloud Provider may not be moved to, or utilized on, any alternative Public Cloud Provider. Any use in violation of this Section is considered a material breach of the Agreement.

3.   45-day Cloud Subscription Trial. End User may receive a 45-Day, trial subscription of Cloud Block Store available on certain Public Cloud Providers (the “45-Day Trial”). The 45-Day Trial is a revocable license, for a period of 45 days, whereby End User may access and use Cloud Block Store in a non-production environment solely for the purpose of evaluating the performance and functionality of Cloud Block Store. End User is exclusively responsible for any costs charged by the applicable Public Cloud Provider for any use of their platform during the 45-Day Trial.

4.   Cloud Subscription Instances. By activating a Cloud Subscription, End User is entitled to create as many virtual data storage instances (each, an “Instance”) as the Public Cloud Provider allows. Usage across all Instances is aggregated, measured against the Reserve Commitment, and used to calculate any applicable usage charges. End User is responsible for the payment of any fees associated with End User’s continued access to, and usage of, any Instance following the expiration or termination of any Service Term.

5.   Public Cloud Obligations. In addition to End User’s obligations as set forth in the applicable Public Cloud Terms, End User acknowledges and agrees that: (a) End User is responsible for all activities that occur in its public cloud account; (b) Pure is not responsible for any unauthorized access to End User’s public cloud account; (c) End User is responsible for taking all appropriate action to secure, protect, and backup any and all data or content End User stores, processes, or utilizes with the Cloud Subscription (collectively, “End User Data”); (d) End User is responsible for taking all appropriate action to secure and protect End User Data, including (i) utilizing any encryption to protect End User Data from unauthorized access; and (ii) routinely backing-up and archiving End User Data; (e) End User is responsible for maintaining secure access to any log-in credentials or account keys made available by the applicable Public Cloud Provider; (f) End User Data is lost and completely unrecoverable by End User, Pure, or the Public Cloud Provider upon deletion of any Instance; and (g) 7 days following the expiration or termination of the Service Term, neither Pure nor the Public Cloud Provider are responsible for the retrieval of any End User Data that was utilized on, or with, the Cloud Subscription.

6.   Expiration or Termination of Cloud Subscription. End User has 7 days following termination or expiration of a Service Term or any 45-Day Trial to access any remaining Instances for the sole purpose of copying any End User Data remaining on those Instances, prior to that data being permanently unrecoverable from either Pure or the Public Cloud Provider. During this 7-day period, End User is prohibited from (a) creating any new Instances; or (b) writing any new data or connecting any virtual machines (“VMs”). End User shall be charged at the On-Demand Rate for any Instances created or any new data written, or VMs connected to any Instance during that 7-day period. End User acknowledges and agrees that following this 7-day period: (i) End User Data in the Cloud Subscription and any Instances will no longer be retrievable by End User, Pure, or the Public Cloud Provider; (ii) End User is prohibited from accessing its Cloud Subscription or any Instances; and (iii) to the extent End User is still accessing its Cloud Subscription or any Instance, Pure reserves the right to deactivate, and terminate any access to, that Cloud Subscription or Instance, without any liability to Pure or the Public Cloud Provider.

7.   General Terms. These Cloud Terms supplement the Pure End User Agreement (or other written agreement covering the same subject matter executed by Pure) for the applicable Cloud Subscription purchased by End User. Capitalized terms not specifically defined in these Cloud Terms have the same meaning as in the End User Agreement. Pure reserves the right to update these Cloud Terms from time to time, as noted by the “Last Updated” date below.

Last Updated June 1, 2022