Reference Guide

7
NO WARRANTY
. EXCEPT AS PROVIDED IN THE NUTANIX LIMITED
WARRANTY, WHICH MAY BE FOUND AT
www.nutanix.com/warranty/
,
YOU AGREE THAT THE SOFTWARE AND DOCUMENTATION ARE
PROVIDED “AS IS” AND THAT NUTANIX AND ITS LICENSORS MAKE
NO OTHER WARRANTIES AS TO THE SOFTWARE OR
DOCUMENTATION, INCLUDING WITHOUT LIMITATION
UNINTERRUPTED USE, ACCURACY, AND DATA LOSS. NUTANIX
AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-
INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE (EVEN
IF NUTANIX KNOWS OR SHOULD HAVE KNOWN OF SUCH
PURPOSE), AND ANY WARRANTIES ARISING BY STATUTE,
OPERATION OF LAW, COURSE OF DEALING OR PERFORMANCE, OR
USAGE OF TRADE, OR THAT THE SOFTWARE WILL BE
COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE OR
HARDWARE OR ANY OTHER NUTANIX PRODUCTS. NUTANIX AND
ITS LICENSORS DO NOT WARRANT THAT THE SOFTWARE OR
DOCUMENTATION OR ANY RESULTS OF USE THEREOF WILL BE
FREE OF DEFECTS, ERRORS OR VIRUSES, RELIABLE OR ABLE TO
OPERATE ON AN UNINTERRUPTED BASIS OR IN A PARTICULAR
ENVIRONMENT OR THAT ERRORS THEREIN, IF ANY, WILL BE
CORRECTED. YOU FURTHER ACKNOWLEDGE THAT THE
SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN
SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME
DELAYS OF, OR ERRORS OR INACCURANCIES IN THE CONTENT,
DATA OR INFORMATION PROVIDED BY THE NUTANIX SOFTWARE
COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL
OR ENVIRONMENTAL DAMAGE.
8
LIMITATION OF LIABILITY
. TO THE FULLEST EXTENT
PERMITTED BY LAW, NUTANIX AND ITS LICENSORS SHALL NOT BE
LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT
(INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE
THEORY, ARISING FROM THIS AGREEMENT, INCLUDING WITHOUT
LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, INCIDENTAL DAMAGES, EVEN IF NUTANIX HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY
LOST REVENUES, GOODWILL OR PROFITS, BUSINESS