Reference Guide

extent necessary to comply with the applicable legal requirements. The
foregoing obligations shall survive any termination or expiration of this
Agreement.
11 Technical Information : You agree that Nutanix may collect or process
technical and related information arising from Your use of the Software which
may include but may not be limited to internet protocol address, hardware
identification, operating system, application software, peripheral hardware,
and non-personally identifiable Software usage statistics to facilitate the
provisioning of updates, support, invoicing or online services.
12 Injunctive Relief . You acknowledge and agree that Your breach or threatened
breach of this Agreement shall cause Nutanix irreparable damage for which
recovery of money damages would be inadequate and that Nutanix therefore
may obtain timely injunctive relief to protect its rights under this Agreement
in addition to any and all other remedies available at law or in equity.
13 Compliance with Laws; Export Control . Each Party shall comply with all laws
applicable to the actions contemplated by this Agreement. You acknowledge
that the Software is of United States origin, and is subject to the U.S. Export
Administration Regulations, and may be subject to the export control laws of
the applicable territory, and that diversion contrary to applicable export
control laws is prohibited. You represent that (1) You are not, and are not
acting on behalf of, (a) any person who is a citizen, national, or resident of, or
who is controlled by the government of any country to which the United
States has prohibited export transactions; or (b) any person or entity listed on
the U.S. Treasury Department lists of Specially Designated Nationals, Foreign
Sanctions Evaders, Sectoral Sanctions Identifications, or Palestinian
Legislative Council; or the U.S. Commerce Department Denied Persons List,
Entity List, or Unverified List; or the U.S. State Department Nonproliferation
Sanctions, or Debarred List; and (2) You will not permit the Software, directly,
or indirectly, to be used for any purposes prohibited by law, including any
prohibited development, design, manufacture or production of missiles or
nuclear, chemical or biological weapons. The Software and Documentation
are deemed to be “commercial computer software” and “commercial
computer software documentation”, respectively, pursuant to DFARS Section
227.7202 and FAR Section 12.212(b), as applicable. Any use, modification,
reproduction, release, performing, displaying or disclosing of Software and
Documentation by or for the U.S. Government shall be governed solely by the
terms and conditions of this Agreement. You agree that the Software may not
be exported/re-exported to Cuba, Iran, North Korea, Sudan and Syria.