THE SITE, SERVICES, AND MOBILE APPS ARE PROVIDED "AS-IS" AND AS AVAILABLE AND PURE STORAGE, INC. (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NONINFRINGEMENT.
The website located at www. and any associated Pure Storage websites, and any mobile apps developed by Pure Storage (the "Site") is a copyrighted work belonging to Pure Storage, Inc., a Delaware corporation ("宏大彩票网", "us", "our", and "we"). The Site generally provides information about the 宏大彩票网's storage products and services, third-party storage products and services (as more fully described in Section 4 of this Agreement), including product support content and documents, and community content, forums, and blogs (collectively, with all other services provided through the Site, the ("宏大彩票网"). Except as otherwise set forth in Section 4 of this Agreement, Users of the Site and/or 宏大彩票网 ("Your" and "You") purchase and use of any 宏大彩票网 products and services (and related support) and Your participation in any 宏大彩票网 beta or other programs, may be subject to separate agreements between You and the 宏大彩票网. In addition, certain software and applications may be subject to different and/or additional license terms, which shall govern the use of such software or applications. By using the Pure1 platform with Pure Storage products, the user accepts, agrees to, and confirms that the user had authority to accept the Pure Storage End User Agreement located here.
THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE AND/OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT, PERSONALLY OR ON BEHALF OF YOUR COMPANY, AND TO BIND YOU AND YOUR COMPANY TO THE TERMS OF THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES OR ACCEPT THE AGREEMENT IF YOU ARE NOT 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE SITE OR SERVICES.
A. Account Creation. In order to use certain features of the Site (e.g., to use the blog or support documents), You must register for an account with 宏大彩票网 ("宏大彩票网 Account") and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information You submit is truthful and accurate; and (b) You will maintain the accuracy of such information. You may delete Your 宏大彩票网 Account at any time, for any reason, by following the instructions on the Site. 宏大彩票网 may suspend or terminate Your 宏大彩票网 Account in accordance with Section 10.
B. Account Responsibilities. You are responsible for maintaining the confidentiality of Your 宏大彩票网 Account login information and are fully responsible for all activities that occur under Your 宏大彩票网 Account. You agree to immediately notify 宏大彩票网 of any Pure Storage, Inc. unauthorized use, or suspected unauthorized use of Your 宏大彩票网 Account or any other breach of security. 宏大彩票网 cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements.
A. License. Subject to the terms of this Agreement, 宏大彩票网 grants You a nontransferable, non-exclusive, license to use the Site and 宏大彩票网 (excluding support documents) for Your personal, noncommercial use; 宏大彩票网 grants each user with a 宏大彩票网 Account a non-transferable, non-exclusive, license to use and reproduce a reasonable number of copies of the support documents solely to support such user's use of the Site and 宏大彩票网.
B. Trademarks. Pure Storage and the "P" Logo are the trademarks of 宏大彩票网 in the U.S. and other countries. The 宏大彩票网's trademarks may not be used without 宏大彩票网's written permission. Other trademarks, service marks, and trade names that appear on the Site may be registered marks of their respective owners and You are not permitted to use them without the consent of such owners.
C. Certain Restrictions. The rights granted to You in this Agreement are subject to the following restrictions: (a) You shall not license, sell, rent, lease, transfer, copy, assign, distribute, host, or otherwise commercially exploit the Site or 宏大彩票网, including the support documents; (b) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or 宏大彩票网; (c) You shall not access the Site or 宏大彩票网 in order to build a similar or competitive service, or perform any performance or benchmark tests; and (d) except as expressly stated herein, no part of the Site or 宏大彩票网 may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or 宏大彩票网 shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site content must be retained on any copies.
D. Modification. 宏大彩票网 reserves the right, at any time, to modify, suspend, or discontinue the Site or 宏大彩票网 or any part thereof with or without notice. You agree that 宏大彩票网 will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Site or 宏大彩票网 or any part thereof.
E. Ownership. Excluding Your User Content (defined below), You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and 宏大彩票网 are owned by 宏大彩票网 or 宏大彩票网's licensors. The documents and other information and content available on the Site and 宏大彩票网 are protected by intellectual property laws throughout the world. The provision of the Site and 宏大彩票网 does not transfer to You or any third party any rights, title or interest in or to such intellectual property rights. 宏大彩票网 and its suppliers reserve all rights not granted in this Agreement.
3. USER CONTENT
A. User Content. "User Content" means any and all information and content that You submit to, or use with, the Site or 宏大彩票网 (e.g., content in the user's profile or blog/forum posts). You are solely responsible for Your User Content. You assume all risks associated with use of Your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your User Content that makes You or any third party personally identifiable. You hereby represent and warrant that Your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that Your User Content is in any way provided, sponsored or endorsed by 宏大彩票网. Because You alone are responsible for Your User Content (and not 宏大彩票网), You may expose yourself to liability if, for example, Your User Content violates the Acceptable Use Policy. 宏大彩票网 is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of Your User Content if You desire.
B. License. By posting or uploading User Content with the Site, You hereby grant, and You represent and warrant that You have the right to grant, to 宏大彩票网 an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your User Content, and to grant sublicenses of the foregoing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to User Content.
C. Feedback. If You provide 宏大彩票网 any feedback or suggestions regarding the Site or 宏大彩票网 ("Feedback"), You hereby assign to 宏大彩票网 all rights in the Feedback and agree that 宏大彩票网 shall have the right to use such Feedback and related information in any manner it deems appropriate. 宏大彩票网 will treat any Feedback You provide to 宏大彩票网 as non-confidential and non-proprietary. You agree that You will not submit to 宏大彩票网 any information or ideas that You consider to be confidential or proprietary.
4. VM ANALYTICS
A. Definition. VM Analytics is the 宏大彩票网’s proprietary visualization representation of the IO path from a virtual machine to either a 宏大彩票网 storage product or service, or a third party provider’s storage product or service, allowing You to identify which applications are running on Your volumes or arrays (“VM Analytics Data”).
B. VM Analytics Subscriptions. By creating a Pure1 account, You may activate either of the following subscription-based offerings (“Subscription 宏大彩票网”): (i) VM Analytics Essentials, or (ii) VM Analytics Pro. VM Analytics Essentials is included in Pure1 at no additional charge and provides You with access to VM Analytics Data over the most recent 7-day rolling period. VM Analytics Pro is a paid Subscription Service that provides You with VM Analytics Data over the duration of the Subscription 宏大彩票网 term (“Subscription Term”). When purchasing a VM Analytics Pro Subscription, the historical record of VM Analytics Data available to You: (a) looks back no earlier than the most recent rolling-seventh day of VM Analytics Data available to You as of the start date of the applicable Subscription Term; and (b) is more specifically set forth in the applicable Subscription Limits. “Subscription Limits” means the permissions and/or limitations identified in the applicable SKU, schedule or quote issued to You when purchasing a VM Analytics Subscription (“Schedule”). Subscription Limits may include, but are not limited to: (i) the specified period of time for which VM Analytics data is collected, stored, and available beyond the Base VM Analytics Period; (ii) any other limitations applicable to the VM Analytics Subscription (such as, sizing, capacity, users, or connected VMs and/or storage products); and (iii) any inter-connectivity rights or limitations.
C. VM Analytics and Third-Party Storage Products or 宏大彩票网. VM Analytics may be available for storage products and services that are not provided by 宏大彩票网 (“Third-Party Storage Product”). 宏大彩票网 makes no representations or warranties, and specifically disclaims any liability with respect to the accuracy of any VM Analytics data, interconnectivity, functionality of Pure1, or VM Analytics’ ability to collect VM Analytics data from any Third-Party Storage Product. You acknowledge and agree that: (a) You are exclusively responsible for securing any permissions to collect data for VM Analytics from any Third-Party Storage Product; (b) VM Analytics data for any Third-Party Storage Product, is provided as-is; and (c) You are exclusively responsible, and waive any claim against the 宏大彩票网 with respect to your use or reliance on any VM Analytics data for any Third-Party Storage Product.
5. ACCEPTABLE USE POLICY. The following sets forth 宏大彩票网's "Acceptable Use Policy":
A. You agree not to use the Site or 宏大彩票网 to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, database right, or any other intellectual property or proprietary right; (b) that is unlawful (or likely to promote any unlawful activity), harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, fraudulent, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful or attempting to be harmful to minors in any way; or (c) in violation of any applicable local, national or international law, regulation, or obligations or restrictions imposed by any third party.
B. In addition, You agree not to use the Site or 宏大彩票网 to: (a) upload, transmit, or distribute any computer viruses, Trojan horses, computer worms, time-bombs, keystroke loggers, spyware, adware, malware, trapdoors, spamming, or any other software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, hoax, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, damage or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site or 宏大彩票网, other computer systems or networks connected to or used together with the Site, through password mining or other means; or (f) harass or interfere with another user's use and enjoyment of the Site or 宏大彩票网.
C. We reserve the right (but have no obligation, except as required by law) to review any User Content, investigate, and/or take appropriate action against You in our sole discretion (including removing or modifying Your User Content, terminating Your 宏大彩票网 Account in accordance with Section 10, and/or reporting You to law enforcement authorities) if You violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
You agree to indemnify and hold 宏大彩票网 (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) Your use of the Site or 宏大彩票网, (b) Your User Content, or (c) Your violation of this Agreement. 宏大彩票网 reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us and You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of 宏大彩票网. 宏大彩票网 will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
7. THIRD PARTY SITES & ADS; OTHER USERS
A. Third Party Sites & Ads. The Site might contain links to third party websites and advertisements for third parties (collectively, "Third Party Sites & Ads"). Such Third Party Sites & Ads are not under the control of 宏大彩票网 and 宏大彩票网 is not responsible for any Third Party Sites & Ads. 宏大彩票网 provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at Your own risk. When You link to a Third Party Site or an ad provided by a third party, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
B. Other Users. Each Site user is solely responsible for any and all of its User Content. Because we do not control User Content, You acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between You and such user. You agree that 宏大彩票网 will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between You and any Site user, we are under no obligation to become involved.
C. Release. To the fullest extent permitted by law, You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions and causes of action of every kind and nature, that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site users or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
8. DISCLAIMER OF WARRANTIES
WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS') LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. TERM AND TERMINATION
Subject to this Section, this Agreement will remain in full force and effect while You use the Site and/or 宏大彩票网. We may (a) suspend Your rights to use the Site and/or 宏大彩票网 (including Your 宏大彩票网 Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site and/or 宏大彩票网 in violation of this Agreement. Upon termination of this Agreement, Your 宏大彩票网 Account and right to access and use the Site and/or 宏大彩票网 will terminate immediately. You understand that any termination of Your 宏大彩票网 Account involves deletion of Your User Content associated therewith from our live databases. 宏大彩票网 will not have any liability whatsoever to You for any termination of this Agreement, including for termination of Your 宏大彩票网 Account or deletion of Your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2.2-2.5, 3.2, 3.3 and 4-12.
11. COPYRIGHT POLICY.
A. 宏大彩票网 respects the intellectual property of others and asks that users of our Site and 宏大彩票网 do the same. In connection with our Site and 宏大彩票网, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site and 宏大彩票网 who are repeat infringers of intellectual property rights, including copyrights. If You believe that one of our users is, through the use of our Site and 宏大彩票网, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated 宏大彩票网 Agent:
1. Your physical or electronic signature;
2. identification of the copyrighted work(s) that You claim to have been infringed;
3. identification of the material on our services that You claim is infringing and that You request us to remove;
4. sufficient information to permit us to locate such material;
5. Your address, telephone number, and e-mail address;
6. a statement that You have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury, that You are either the owner of the copyright that has allegedly been infringed or that You are authorized to act on behalf of the copyright owner.
B. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated 宏大彩票网 Agent for 宏大彩票网 is: Michele Ardizzone
Address of Agent: 650 Castro Street, Mountain View, CA 94041
A. Changes to Agreement. 宏大彩票网 may review and change the terms and conditions of this Agreement periodically as appropriate. Continued use of 宏大彩票网's Site or 宏大彩票网 following such changes shall indicate Your acknowledgement of such changes and agreement to be bound by the terms and conditions of this Agreement.
B. Export. The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the materials to countries or persons prohibited under the export control laws. By downloading any materials, You represent that You are not in a country where such export is prohibited and that You are not on the US Commerce Department's Table of Denial Orders or the US Treasury Department's list of specially-designated Nationals. Any products, goods, technology or services of 宏大彩票网 provided to You through this site are provided in accordance with U.S. Export Regulations, diversion contrary to U.S. law is prohibited.
C. Passwords. If You elect to register and obtain a password, You represent and warrant that You will not transfer Your password, as it is not transferable. You are responsible for creating and maintaining the security and access to Your password. 宏大彩票网 is not liable for any unauthorized access to Your account due to Your failure to maintain a secure password.
D. Governing Law. This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
F. Entire Agreement. This Agreement constitutes the entire agreement between You and us regarding the use of the Site and 宏大彩票网. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither 宏大彩票网 nor You is an agent or partner of the other. This Agreement, and Your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by You without 宏大彩票网's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.