END USER LICENSE AGREEMENT(v07-09-2019)


IMPORTANT: PLEASE READ THIS END USER AGREEMENT (“AGREEMENT”) BEFORE INSTALLING OR USING A PURE STORAGE PLUGIN, ADAPTOR, PROVIDER, SDK, TOOL, OR MANAGEMENT PACK (“SOFTWARE”). THIS AGREEMENT APPLIES TO THE SOFTWARE THAT YOU OR THE ENTITY THAT YOU REPRESENT (“END USER”) OBTAINED EITHER DIRECTLY FROM PURE STORAGE, INC. (“PURE”) OR FROM AN AUTHORIZED PURE RESELLER OR PARTNER. BY INSTALLING OR USING THE SOFTWARE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND END USER AND AGREE THAT END USER IS BOUND BY THIS AGREEMENT WITH PURE.

1. SOFTWARE LICENSE.
1.1 Software License. Subject to the terms and conditions of this Agreement, Pure grants to End User a nonexclusive, perpetual (subject to termination in accordance with the terms of this Agreement) license (without the right to sublicense) to use and execute the Software, in executable object code format only, in connection with a Pure FlashArray, FlashBlade, or other Pure product.
1.2 Termination of Software License. The license in Section 1.1 and all of End User’s rights to use the Software will terminate immediately in the event that End User materially breaches any provision of this Agreement or upon Pure’s decision to terminate the license. Upon termination, Sections 2 through 8 will survive and End User shall promptly discontinue all use of the Software.

2. SOFTWARE RESTRICTIONS AND TITLE.
2.1 Restrictions. End User will not directly or indirectly (i) reproduce, modify, distribute, rent, lease, sublicense, assign, disclose or make available the Software to any third party; (ii) reverse engineer, decompile, or disassemble any portion of the Software, or otherwise attempt to decrypt, extract or derive source code for, or any algorithms or data structures embodied within, any portion of the Software (except to the extent the foregoing restriction is expressly prohibited by applicable law); and (iii) use the Software to develop a similar product or service. End User will remain fully and primarily responsible to Pure for compliance with this Agreement if End User permits any contractors of End User to access the Software. Any future release, update, or other addition to functionality of the Software made available by Pure to End User, shall be subject to the terms and conditions of this Agreement, unless Pure expressly states otherwise. End User shall preserve and shall not remove, obscure or alter any copyright or other proprietary notices in the Software, its documentation and all copies thereof.
2.2 Title to Software. Pure and its suppliers shall exclusively retain all right, title and interest, including without limitation all patent, trademark, trade name and copyright, whether registered or not registered, in and to the Software and related documentation. Pure and its suppliers reserve all rights not expressly granted herein, and no license or other implied rights of any kind are granted or conveyed except for the limited license provided herein. In the event that items of software code provided with the Software are subject to “open source” or “free software” licenses, nothing herein limits End User’s rights under, or grants rights that supersede, the applicable license therefor.
2.3 Workflow Templates. Where applicable, any Java Script workflow templates included in the Software (“Workflow Templates”) may be freely copied, used, modified, and distributed by End User with attribution to Pure. Such Workflow Templates are provided as is, without any warranty of any kind, and are expressly not supported by Pure.

3. FEEDBACK. To the extent End User provides Pure with feedback regarding the Software (“Feedback”). End User hereby grant to Pure a perpetual, irrevocable, worldwide, sublicenseable, and royaltyfree right to use the Feedback.

4. WARRANTY DISCLAIMER.
4.1 Disclaimer. THE SOFTWARE IS PROVIDED “AS IS”, FOR USE BY END USER AT ITS OWN RISK. EXCEPT AS SET FORTH EXPRESSLY HEREIN, PURE AND ITS SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND ANY OTHER WARRANTIES RELATING TO THE SOFTWARE INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, COURSE OF PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. PURE DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
4.2 Bugs. End User should promptly notify Pure of any problems with the Software. End User agrees that any issues or bugs found during End User’s use of the Software are not guaranteed by Pure to be fixed.

5. INDEMNIFICATION. End User will defend at its own expense any action against Pure brought by a third party to the extent that the action is based upon a claim that (where applicable) the Workflow Templates, as modified and distributed by End User, directly infringe any copyrights, patents or other intellectual property rights or misappropriates any trade secrets, and End User will pay those costs and damages finally awarded against Pure in any such action that are specifically attributable to such claim or those costs and damages agreed to in a monetary settlement of such action.

6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, END USER AGREES THAT NEITHER PURE NOR ITS SUPPLIERS SHALL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO END USER, ITS CUSTOMERS, OR THIRD PARTIES CAUSED BY FAILURE OF PURE TO DELIVER THE SOFTWARE, FAILURE OF THE SOFTWARE TO FUNCTION, OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY. IN NO EVENT WILL PURE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES, INCLUDING LOST PROFITS, IN CONNECTION WITH THE USE OF THE SOFTWARE OR OTHER MATERIALS PROVIDED ALONG WITH THE SOFTWARE OR IN CONNECTION WITH ANY OTHER CLAIM ARISING FROM THIS AGREEMENT, EVEN IF PURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PURE’S AGGREGATE CUMULATIVE LIABILITY UNDER OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF $100.00 US DOLLARS. END USER AGREES THAT PURE’S SUPPLIERS WILL HAVE NO LIABILITY TO END USER OF ANY KIND UNDER OR AS A RESULT OF THIS AGREEMENT.

7. CONFIDENTIALITY. “Confidential Information” means any non-public information relating to, or derived from, the Software, including Feedback, technical features and benchmark or performance results. End User shall not use or disclose any Confidential Information except as expressly authorized in this Agreement and shall protect the Confidential Information using the same degree of care that it uses with respect to its own confidential information, but in no event with safeguards less than a reasonably prudent business would exercise under similar circumstances.

8. GENERAL PROVISIONS.
8.1 Governing Law and Venue. This Agreement will be governed and interpreted by and under the laws of the State of California, without giving effect to any conflicts of laws principles. Each party hereby expressly consents to the personal jurisdiction and venue in the state and federal courts in Santa Clara County, California for any lawsuit filed there arising from or related to this Agreement. The U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
8.2 Severability; Waiver. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
8.3 Export. The Software and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. End User agrees not to export, reexport, or transfer, directly or indirectly, any technical data acquired from Pure, or any products incorporating such data, in violation of applicable export laws or regulations.