Dell XC720XD User Manual

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
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.

1

License Grant and Entitlement

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, non­sublicensable 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

: The Software and Documentation are

") AND YOU AGREE THAT

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. If you
have multiple Licensed Units, you may install and use as many copies of the
Software as you have Licensed Units, in each case, on an authorized Nutanix
system and only as permitted herein. Use of the Software outside the scope of
Your Entitlement is unauthorized and shall constitute a material breach of
this EULA and void the warranty and/or support obligations of which you may
otherwise be entitled. You agree to use your best efforts to prevent and protect
the contents of the Software and Documentation from 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 specified above, you shall have no rights to the
Software.

2

Use

2.1

Limitation on Use

except as permitted in the Entitlement and this Agreement. Except with
Nutanix’s prior written consent, you may not:(i) alter, modify or create
any derivative works of the Software, the underlying source code, or the
Documentation in any way, including without limitation customization,
translation or localization; (ii) port, reverse compile, reverse assemble,
reverse engineer, or otherwise attempt to separate any of the components
of the Software or derive the source code for the Software (except to the
extent applicable laws specifically prohibit such restriction, in which case
you agree to provide Nutanix with at least ninety (90) days advance
written notice of your belief that such action is warranted and permitted,
and provided that you give Nutanix the opportunity to determine if such
action is warranted under the law); (iii) copy, redistribute, encumber, sell,
rent, lease, license, sublicense, or otherwise transfer rights to the Software
or Documentation; (iv) remove or alter any trademark, logo, copyright or
other proprietary notices, legends, symbols or labels in the Software or
Documentation; (v) block, disable or otherwise affect any advertising,
advertisement banner window, links to other sites and services, or other

: You may not use the Software or Documentation

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.

2.2

Third Party Software

copyrighted software of Nutanix’s suppliers which are obtained under a
license from such suppliers (“Third Party Software”). All third party
licensors and suppliers 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. Your use of any Third Party Software
shall be subject to, and you shall comply with, the terms and conditions of
this Agreement, and the applicable restrictions and other terms and
conditions set forth in any Third Party Software documentation or printed
materials, including without limitation an end user license agreement.
Copyright notices and licensing terms and conditions applicable to the
Third Party Software are available for review with the Software
documentation on the Nutanix Support site at

www.nutanix.com/support.

3

Proprietary Rights

Nutanix or its licensors. You agree that you neither own nor hereby acquire any
claim or right of ownership to the Software and Documentation or to any
related patents, copyrights, trademarks or other intellectual property,
including all modifications and derivative works of any of the foregoing.
Nutanix and its licensors retain all right, title and interest in and to all copies
of the Documentation and the Software at all times, regardless of the form or
media in or on which the original or other copies may subsequently exist. This
license is not a sale of the original or any subsequent copy. The Software and
Documentation are protected by copyright and other intellectual property
laws and by international treaties. You may not make any copies of the
Software except for your own personal use. 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. All trademarks used in connection with
the Software and Documentation are owned by Nutanix, its affiliates and/or
its licensors and other suppliers, and no license to use any such trademarks is

: You acknowledge that the Software may contain

: You acknowledge and agree that the Software belongs to