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NUTANIX END USER LICENSE

AGREEMENT

IMPORTANT – READ CAREFULLY

READ THIS END USER LICENSE AGREEMENT (THE “AGREEMENT

”)

BEFORE DOWNLOADING, INSTALLING, COPYING, CONFIGURING,

ACCESSING, DEPLOYING, USING NUTANIX SUPPORT AND/OR

USING THE SOFTWARE. BY DOWNLOADING, INSTALLING,

COPYING, CONFIGURING, ACCESSING, DEPLOYING, USING

NUTANIX SUPPORT AND/OR OTHERWISE USING ALL OR ANY PART

OF THE SOFTWARE OR BY CLICKING ON AN “ACCEPT” BUTTON,

YOU AGREE TO THE TERMS AND CONDITIONS OF THIS

AGREEMENT. YOU FURTHER AGREE THAT YOU ARE BOUND BY

AND ARE A PARTY TO THIS AGREEMENT, AND, IF YOU ARE

ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR

A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND

WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT

PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS.

YOUR USE OF THE SOFTWARE IS EXPRESSLY CONDITIONED ON

YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS

AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND

CONDITIONS OF THIS AGREEMENT:

• DO NOT ORDER OR PURCHASE THE SOFTWARE

• DO NOT DOWNLOAD, INSTALL, COPY, CONFIGURE, ACCESS,

DEPLOY, CLICK ON AN “ACCEPT” BUTTON, USE NUTANIX

SUPPORT AND/OR OTHERWISE USE THE SOFTWAR

• DELETE THE UNUSED SOFTWARE AND RETURN THE UNUSED

SOFTWARE TO THE VENDOR FROM WHICH YOU ACQUIRED IT

This Agreement is between You, on behalf of the company, partnership or

business entity that You represent (“You” or “Your”) and either (a) Nutanix, Inc.

a Delaware corporation, with offices located at 1740 Technology Drive, Suite 150,

San Jose, CA 95110, USA if the Software was purchased in the United States,

Summary of content (12 pages)

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NUTANIX END USER LICENSE AGREEMENT IMPORTANT – READ CAREFULLY READ THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) BEFORE DOWNLOADING, INSTALLING, COPYING, CONFIGURING, ACCESSING, DEPLOYING, USING NUTANIX SUPPORT AND/OR USING THE SOFTWARE. BY DOWNLOADING, INSTALLING, COPYING, CONFIGURING, ACCESSING, DEPLOYING, USING NUTANIX SUPPORT AND/OR OTHERWISE USING ALL OR ANY PART OF THE SOFTWARE OR BY CLICKING ON AN “ACCEPT” BUTTON, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
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Mexico or Canada; or (b) Nutanix Netherlands, B.V. incorporated and registered in The Netherlands with its registered office at Scorpius 100, 2132 LR Hoofddorp, The Netherlands, if the Software was purchased in any other country ((a) and (b) are referred to herein as “Nutanix”).
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unauthorized disclosure or use. Nutanix and its licensors reserve all rights, including but not limited to ownership and intellectual property rights, not expressly granted to You. Nutanix’s licensors are the intended third party beneficiaries of this Agreement and have the express right to rely upon and directly enforce the terms set forth herein. There are no implied licenses granted by Nutanix under this Agreement. Except as expressly specified above, You shall have no rights to the Software. 2 Use. 2.
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(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.
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copyright and other intellectual property laws and by international treaties. Any and all other copies of the Software or Documentation made by You are in violation of this license. All content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright law. This license gives You no rights to such content.
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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.
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INTERRUPTION, PROCUREMENT OF SUBSTITUTE HARDWARE, SOFTWARE OR SERVICES, LOST DATA, WORK STOPPAGE, RE-RUN TIME, INACCURATE OUTPUT, COMPUTER FAILURE OR MALFUNCTION. YOU AGREE THAT YOU SHALL HAVE THE SOLE RESPONSIBILITY FOR PROTECTING YOUR DATA, BY PERIODIC BACKUP OR OTHERWISE.
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manner or for a purpose for which it was not intended.
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extent necessary to comply with the applicable legal requirements. The foregoing obligations shall survive any termination or expiration of this Agreement.
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Furthermore, You agree not to resell, transfer, or re-export products without prior authorization from Nutanix or the U.S. government to any military entity of: Albania, Armenia, Azerbaijan, Belarus, Cambodia, China (PRC), Georgia, Iraq, Kazakhstan, Kyrgyzstan, Laos, Macau, Moldova, Mongolian P.R., Russia, Tajikistan, Turkmenistan, Uzbekistan, Ukraine, Vietnam. 14 Governing Law.
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this Agreement, then Nutanix shall be awarded attorney fees, costs and expenses. This Agreement may be amended only in writing signed by authorized representatives of both Parties and specifically referring to this provision. This Agreement will be interpreted without being construed for or against either Party. The words “includes” and “including” and the abbreviation “e.g.” will be deemed to be followed by the words “without limitation”. 16 User Outside the U.S.
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