Reference Guide

(h) distribute any copy of the Software to any third party, including as may be

embedded in equipment sold in the secondhand market.

You must not cause, encourage or permit any third party to do any of the

foregoing.

If You believe that any of the foregoing restrictions are prohibited by local law,

You agree to provide Nutanix with at least ninety (90) days advance written

notice of Your belief and provide all reasonably requested information from

Nutanix to evaluate Your claim. Nutanix may, in its discretion, impose

reasonable conditions, including a reasonable fee, on such use of the Software,

or offer to provide alternatives to ensure that Nutanix’s proprietary rights in

the Software are protected and to reduce any adverse impact on Nutanix’s

proprietary rights.

2.2

Third Party Software

. You acknowledge that the Software may contain

copyrighted software of third parties which are obtained under a license

from such parties (“Third Party Software

”). All third party licensors retain

all right, title and interest in and to such Third Party Software and all

copies thereof, including all copyright and other intellectual property

rights. Your use of any Third Party Software shall be subject to, and You

shall comply with, the terms and conditions of this Agreement, and the

applicable restrictions and other terms and conditions set forth in any

Third Party Software documentation or printed materials, including

without limitation an end user license agreement.

Open Source Components

: Software may use or include one or more of the

open source software components listed in the Nutanix open source

attribution file, which is available at

www.nutanix.com/opensource

. Please

refer to the open source attribution file for the open source license disclosures

and pertinent terms.

Proprietary Rights

. You acknowledge and agree that the Software belongs to

Nutanix or its licensors. You agree that You neither own nor hereby acquire

any claim or right of ownership to the Software and Documentation or to any

related patents, copyrights, trademarks or other intellectual property,

including all modifications and derivative works of any of the foregoing.

Nutanix and its licensors retain all right, title and interest both tangible and

intangible in and to all copies of the Documentation and the Software at all

times, regardless of the form or media in or on which the original or other

copies may subsequently exist. This license is not a sale of the original or any

subsequent copy. The Software and Documentation are protected by