These Evergreen//One For Medical Imaging Terms of Use (“Terms”), govern End User’s usage of a subscription to use Pure-owned products and services by the End User to be deployed for use only with DICOM data for PACS/VNA applications on a consumption basis for PACS/VNA data.

1.  EVERGREEN//ONE FOR MEDICAL IMAGING. Evergreen//One for Medical Imaging is a service that leverages Pure’s Evergreen//One Service. To that end, the Evergreen//One Terms of Use apply to all Evergreen//One for Medical Imaging subscriptions, except as otherwise set forth in these Terms. To the extent that the Evergreen//One Terms of Use conflict with these Terms, these Terms prevail only to the extent applying to DICOM data for PACS/VNA applications.

2.  FEE STRUCTURE AND INVOICING CADENCE.

2.1  Reserve Commitment Charges; On-Demand Charges. The triggers for invoicing and invoicing cadence for each Reserve Commitment and On-Demand Charges remain as set forth in the Evergreen//One Terms of Use.

2.2  Per-Study Rate. End User may elect a rate charged per-study to be applied to all new Studies generated during the Service Term (the “Per-Study Rate”). Pure and End User shall agree on the following at the beginning of the Service Term: (a) the expected average Study size; (b) Expected Annual Study Volume; and (c) duration of the Service Term.

2.3  Per-TiB Rate. The rate charged is 1.5x of any Reserve Commitment of the End User and based on the Capacity UDR Service. This rate is applied to DICOM data generated outside of the contract period (e.g., historical studies) and all other non-DICOM data relating to the PACS/VNA application. Notwithstanding the foregoing, End User shall not store data beyond the requirements of the PACS/VNA application on the service infrastructure.

3.  SERVICE TERM.

3.1  Subscription Start Date; Expiration; Termination for Convenience; Termination for Cause; U.S. Federal and State Government End Users; and Effect of Termination. Each of these are governed by the Evergreen//One Terms of Use.

3.2  Renewal. Renewals of Evergreen//One For Medical Imaging automatically renew for 36 months unless End User gives notice to Pure or its authorized reseller that End User does not seek renewal, at least 60 days before the end of the then-current Service Term.

3.3  Post-Service Term Usage. End User is charged both a Study Generation Fee and Incremental Data Fee on a daily basis, for any usage of Evergreen//One for Medical Imaging following any expiration or termination of the subscription. Notwithstanding anything to the contrary herein, End User acknowledges and agrees that Pure is not responsible for meeting any SLAs as set forth in the Evergreen//One Product Guide during any Post-Service Term usage.

4.  METERING.

4.1  EMI Collector. End User acknowledges and agrees that in order for Pure to provide Evergreen//One for Medical Imaging and charge End User for its usage, End User shall deploy the Evergreen//One Medical Imaging Collector (the “EMI Collector”) and configure it based on Pure’s reasonable instructions, to measure and report usage information.

4.2  Pure1 Connection Required. The EMI Collector is made available through Pure1 (or other comparable means). Pure will provide technical guidance on the deployment and configuration of the EMI Collector. Notwithstanding the foregoing, End User acknowledges and agrees: (a) to maintain Pure1 connectivity during the Service Term; (b) any data or information collected by the EMI Collector is considered Pure1 Data; and (c) Pure shall charge End User at the per-TiB rate for all data consumed in addition to the Per-Study rate.

5.  GENERAL TERMS. These Terms supplement the Pure End User Agreement (or other written agreement covering the same subject matter executed by Pure) 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. Pure reserves the right to update these Terms from time to time, as noted by the “Last Updated” date below.