This Nutanix Partner NFR Addendum (“Addendum”) is entered into between Nutanix and Partner and becomes effective when the Partner accepts this Addendum, including by signature, clickthrough, or other acceptance mechanisms or access, download, install, or use the NFR (the “Addendum Effective Date”). This Addendum adds and/or modifies the terms of the Partner Agreement (as defined below) entered into between Nutanix and Partner. In the event of a conflict between this Addendum and the Partner Agreement, the terms of the Partner Agreement will apply. Any capitalized terms not defined herein shall have the meanings assigned to them in the Partner Agreement.
1. Definitions.
"NFR Units" means not for resale Nutanix Products.
"Nutanix Product” means any Nutanix-branded software or internet-based or cloud hosted offerings.
“Partner Agreement” means the Nutanix Elevate Technology Partner Program Agreement, Nutanix Indirect Reseller Agreement, or other similar technology, collaboration, or channel partner agreement between Partner and Nutanix.
“Partner Product” means a Partner product offered for sale and sold to a mutual end customer of Nutanix and Partner.
"Solution" means a technology use case wherein Partner Products and Nutanix Products are or are undergoing testing to determine that they are interoperable, compatible, integrated, or otherwise complementary.
2. Nutanix NFR Units. Partner is eligible to receive NFR Units, subject to Nutanix’s approval at its sole discretion. NFR Units may be used for Partner’s internal testing, demonstration, development, and laboratory use for a Solution only, and may not be transferred to any third party. NFR Units may not be used in a production environment, including for Partner’s own internal information processing or computing needs, or for the demonstration or support of Partner products that have not been developed or integrated with the Nutanix platform pursuant to the Partner Agreement. NFR Units are subject to the terms of Nutanix’s standard end user license agreement in effect at the time (available at www.nutanix.com/eula) and constitute No-Charge Products thereunder, as well as any additional terms and conditions that may accompany an order for any NFR Units. Nutanix has the right to demand the return of, terminate these rights to use, or audit the use of any NFR Unit.
3. Support. Support will not be provided with the NFR Unit except at Nutanix's sole discretion or as otherwise described in an applicable order for NFR Units.