Dell XC730XD, XC630 User Manual
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”).
“Software” means any Nutanix software, library, utility, tool or other computer or
program code, in object (binary) or source-code form provided, directly or
indirectly to You as well as to any copies (whether complete or partial) made by
or on Your behalf, including without limitation firmware. The term “Software”
also includes any updates, upgrades or other new features, functionality or
enhancements to the Software made available directly or indirectly to You.
“Documentation” means any on-line read me, help files, or other explanatory
materials related to the Software.
This Agreement applies to all Software and Documentation made available by
Nutanix to You.
1
License Grant and Entitlement
licensed, not sold, to You by Nutanix. This Agreement confers no title or
ownership and is not a sale of any rights in the Software. Subject to the terms
and conditions of this Agreement, the terms of Your entitlement which
evidences Your authorization to use the Software and the authorized scope of
use of the Software (“Entitlement”), and payment of the purchase price
and/or all fees, You are hereby granted a personal, limited, non-assignable nonexclusive, non-sublicensable and non-transferable right to run one copy of the
object code version of the Software on one authorized Nutanix system during
the period of the license and for internal business operations only (“Permitted
Use”). The Entitlement shall be specified in writing on the order or
equivalent document issued by Nutanix or the party from whom You 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 Agreement 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
. The Software and Documentation are
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.
2.1
Limitation on Use
except as permitted by this Agreement. You must not:
(a) alter, decompile, disassemble, modify, unbundle 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;
(b) port, emulate the functionality, reverse compile, reverse assemble, reverse
engineer, create derivative works, or otherwise reduce to human readable
form or attempt to separate any of the components of the Software or
derive the source code for the Software;
(c) copy, redistribute, encumber, sell, rent, lease, license, sublicense, or
otherwise transfer rights to the Software or Documentation, use the
Software for the benefit of any third party or on a hosted basis;
(d) remove or alter any trademark, logo, copyright or other proprietary
notices, legends, symbols or labels in the Software or Documentation or
any product in which the Software is embedded;
(e) disclose the results of testing, benchmarking or other performance or
evaluation information related to the Software or the product to any third
party without the prior written consent of Nutanix;
(f) access or use the Software or Documentation for any competitive purposes
(e.g. to gain competitive intelligence; to design or build a competitive
product or service, or a product providing features, functions or graphics
similar to those used or provided by Nutanix; to copy any features,
functions or graphics; or to monitor availability, performance or
functionality for competitive purposes);
(g) use any “locked” or key restricted feature, function or capability without
first purchasing the applicable license and obtaining a valid key, even if
such feature, function or capability is enabled without a key; or
. You must not use the Software or Documentation
(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. Nutanix may, in its discretion, impose
reasonable conditions, including a reasonable fee, on such use of the Software,
or offer to provide alternatives to ensure that Nutanix’s proprietary rights in
the Software are protected and to reduce any adverse impact on Nutanix’s
proprietary rights.
2.2
Third Party Software
copyrighted software of third parties which are obtained under a license
from such parties (“Third Party Software
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.
3
Open Source Components
open source software components listed in the Nutanix open source
attribution file, which is available at
refer to the open source attribution file for the open source license disclosures
and pertinent terms.
4
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 both tangible and
intangible 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
. You acknowledge and agree that the Software belongs to
. You acknowledge that the Software may contain
”). All third party licensors retain
: Software may use or include one or more of the
www.nutanix.com/opensource
. Please
Loading...