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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, 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”).

“Authorized Nutanix System” means either (i) a device that runs the Software and is branded as a

Nutanix device; or (ii) a device that runs the Software and is branded with a third party’s brand

pursuant to an original equipment manufacturing agreement between Nutanix and the third party; or

(iii) a device (including its specific configuration) that has been authorized in writing by Nutanix to

run the Software.

“Documentation” means Nutanix’s published user and administration manuals and other

documentation for the Software that is furnished to You.

Nutanix_EULA_A02.fm Page 1 Wednesday, June 14, 2017 1:50 PM

Summary of content (9 pages)

PAGE 1
Nutanix_EULA_A02.fm Page 1 Wednesday, June 14, 2017 1:50 PM 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.
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Nutanix_EULA_A02.fm Page 2 Wednesday, June 14, 2017 1:50 PM “License Period” means, unless otherwise stated on the Entitlement, the life of the Authorized Nutanix System upon which the Software is initially installed. “Licensed Unit” means the unit of measure by which Your use of Software is licensed, as described in Your Entitlement. “Purchased Software” means Software that has been purchased by You for a separate license fee.
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Nutanix_EULA_A02.fm Page 3 Wednesday, June 14, 2017 1:50 PM 2 Use. 2.1 Limitation on Use. You must not use the Software or Documentation except as permitted by this Agreement.
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Nutanix_EULA_A02.fm Page 4 Wednesday, June 14, 2017 1:50 PM 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.
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Nutanix_EULA_A02.fm Page 5 Wednesday, June 14, 2017 1:50 PM requested, You shall certify to Nutanix in writing that such return or destruction has occurred. The preamble as well as Section 2, 4, 6, 7, 8, 10, 12, 14, 15 and 16 shall survive any expiration or termination of this Agreement. 7 Warranty. 7.
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Nutanix_EULA_A02.fm Page 6 Wednesday, June 14, 2017 1:50 PM 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 INTERRUPTION, PROCUREMENT OF SUBSTITUTE HARDWARE, SOFTWARE OR SERVICES, LOST DATA, WORK STOPPAGE, RE-RUN TIME, INACCURATE OUTPUT, COMPUTER FAILURE OR MALFUNCTION.
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Nutanix_EULA_A02.fm Page 7 Wednesday, June 14, 2017 1:50 PM (c) is disclosed to You by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by You without access to the Confidential Information. You shall use Your best efforts to preserve and protect the confidentiality of the Confidential Information at all times.
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Nutanix_EULA_A02.fm Page 8 Wednesday, June 14, 2017 1:50 PM 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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Nutanix_EULA_A02.fm Page 9 Wednesday, June 14, 2017 1:50 PM ____________________ Copyright © 2017 Dell Inc. or its subsidiaries. All Rights Reserved. Dell, EMC, and other trademarks are trademarks of Dell Inc. or its subsidiaries. Other trademarks may be trademarks of their respective owners.