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Nutanix End User License Agreement

BY DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE

YOU AGREE TO THE TERMS AND CONDITIONS OF THIS END USER

LICENSE AGREEMENT (THE "AGREEMENT

") AND YOU AGREE THAT

YOU ARE BOUND BY AND ARE A PARTY TO THIS AGREEMENT. YOU

WARRANT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND

THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO

CONTRACTS. 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 ALL

OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY

NOT INSTALL OR USE THE SOFTWARE.

About this Agreement

This Agreement applies to all Software and Documentation made available by

Nutanix, Inc. ("Nutanix") to you. "Software" means the Nutanix software product

which requires acceptance of this Agreement, and any copies made by or on your

behalf, in object code format, including without limitation firmware. The term

"Software" also includes any updates, upgrades or other new features,

functionality or enhancements to the Software made available to you.

"Documentation" means any on-line read me, help files, or other related

explanatory materials that accompany the Software.

License Grant and Entitlement

: The Software and Documentation are

licensed, not sold, to you by Nutanix. Subject to the terms and conditions of

this Agreement and the terms of your entitlement which evidences your

authorization to use the Software and the authorized scope of use of the

Software (“Entitlement”), including payment of the purchase price and/or all

fees, you are hereby granted a personal, limited, non-exclusive, non-

sublicensable and non-transferable right to run one copy of the object code

version of the Software (which Software may be activated by a license key) on

one authorized Nutanix system for internal use and non-commercial purposes

only (“Permitted Use”). The Entitlement shall be specified in writing on the

order or equivalent document issued by Nutanix or the party via whom you

A5_techsheet.fm Page 9 Monday, November 17, 2014 11:24 AM

Summary of content (8 pages)

PAGE 1
A5_techsheet.fm Page 9 Monday, November 17, 2014 11:24 AM Nutanix End User License Agreement BY DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE YOU AGREE TO THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (THE "AGREEMENT") AND YOU AGREE THAT YOU ARE BOUND BY AND ARE A PARTY TO THIS AGREEMENT. YOU WARRANT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO CONTRACTS.
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A5_techsheet.fm Page 10 Monday, November 17, 2014 11:24 AM have lawfully acquired the products. The Entitlement shall specify the name of the product, the number of Licensed Units and the usage level and feature set authorized. Your Permitted Use is limited to the number of Licensed Units stated in your Entitlement. “Licensed Unit” means the unit of measure by which your use of Software is licensed, as described in your Entitlement.
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A5_techsheet.fm Page 11 Monday, November 17, 2014 11:24 AM features that constitute an integral part of the Software. You may not release the results of any performance or functional evaluation of any of the Software to any third party without prior written approval of Nutanix for each such release. You may not cause or permit any third party to do any of the foregoing. 2.
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A5_techsheet.fm Page 12 Monday, November 17, 2014 11:24 AM provided hereunder. All suggestions or feedback provided by you to Nutanix with respect to the Software shall be Nutanix’s property and deemed Confidential Information of Nutanix. 4 Support: Nutanix’s support obligations for the Software, if any, are set forth in the Support Terms and Conditions, which may be found at www.nutanix.com/support.
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A5_techsheet.fm Page 13 Monday, November 17, 2014 11:24 AM 7 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 COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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A5_techsheet.fm Page 14 Monday, November 17, 2014 11:24 AM copyright or trademark or misappropriates any trade secret due to any of the foregoing factors, and shall give Nutanix all reasonable information and assistance regarding such claim. THIS SECTION 8 SETS FORTH NUTANIX’S ENTIRE LIABILITY AND OBLIGATION AND YOUR SOLE REMEDY FOR ANY CLAIM OF INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS.
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A5_techsheet.fm Page 15 Monday, November 17, 2014 11:24 AM 10 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.
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A5_techsheet.fm Page 16 Monday, November 17, 2014 11:24 AM construed to reflect the parties’ original intent, and the remaining portions remain in full force and effect, or Nutanix may at its option terminate this Agreement. (f) The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only.