1. Terms Applicable to the Products
2. Use of Materials
a. Use of Materials. Except where expressly provided otherwise by Nutanix, You may download, store, display on Your computer, view, listen to, play and print Materials that Nutanix publishes or broadcasts on the Site or makes available for download through the Site subject to the following: (i) the Materials may be used solely for Your personal, informational, noncommercial purposes and may not be used for any other purposes; (ii) the Materials may not be modified or altered in any way; and (iii) the Materials may not be redistributed.
3. Use of Community Services
Community Services are provided as a convenience to users and Nutanix is not obligated to provide any technical support for, or participate in, Community Services. While Community Services may include information regarding Nutanix Products and services, including information from Nutanix employees, they are not an official customer support channel or Product documentation for Nutanix or its Products and should not be relied upon for use with the Products.
Except where expressly provided otherwise by Nutanix, You may use Community Services subject to the following: (a) Community Services may be used solely for Your personal, informational, noncommercial purposes; (b) Content provided on or through Community Services may not be redistributed; and (c) personal data about other users may not be stored or collected except where expressly authorized by Nutanix.
4. Reservation of Rights and Nutanix Intellectual Property
5. Your Content and License Grant to Nutanix
5.1 License to Nutanix. If you choose to submit Content to or through the Site, then You agree that You will only upload, share, post, publish, transmit, provide, or otherwise make available ("Share" or “Sharing”), on or through the Site, Content that You have the right and authority to Share and for which You have the right and authority to grant to Nutanix all of the licenses and rights set forth herein. You are solely responsible for any Content that you post or Share, including its legality, reliability, accuracy and appropriateness. By Sharing Content, You grant Nutanix a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, create derivative works of, publish, publicly perform, publicly display, broadcast, transmit and distribute the Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Content or derivatives thereof into any Nutanix Product or service, and to display, market, sublicense and distribute the Content as incorporated or embedded in any Product or service distributed or offered worldwide by Nutanix, and the right to sublicense to other users or third parties, without compensation or attribution to You.
5.4 Information Shared Through the Site. Nutanix does not want to receive confidential information from You through or in connection with the Site. Notwithstanding anything that You may note or state in connection with Sharing Content, it shall not be considered confidential information and shall be received and treated by Nutanix on a non-confidential and unrestricted basis and Nutanix shall not take and shall not be required to take any steps to safeguard the confidentiality of any information that You Share, other than as specified in Nutanix’s Privacy Statement.
6. Acceptable Use
6.1 Conduct Restrictions. You agree not to:
A. Access or use the Site in any manner that could damage, disable, overburden, or impair the Site or any accounts, computer systems, software, infrastructure, or networks of Nutanix or any third party;
B. Attempt to gain unauthorized access to any parts of the Site or any accounts, computer systems, software, infrastructure, or networks of Nutanix or any third party;
C. Interfere or attempt to interfere with the proper working of the Site or any accounts, computer systems, software, infrastructure, or networks of Nutanix or any third party;
D. Use any robot, spider, scraper or other automated means to access the Site or any accounts, computer systems, software, infrastructure, or networks of Nutanix or any third party without Nutanix’s express written permission and that of any affected third party;
E. Use the Site or Content or Products to infringe the intellectual property rights or privacy rights of others;
F. Access or use the Site in any manner that interferes with another user’s ability to access, use and enjoy the Site;
G. Access another user’s registration information or user account without that user’s express written permission;
H. Transmit or introduce any malicious or technologically harmful element to the Site such as a spyware program, virus, Trojan horse, worm or logic bomb;
I. Perform, without Nutanix’s express prior written authorization, scalability testing, load testing, probing, scanning, penetration or vulnerability testing of the Site, including without limitation the Community Services; and,
J. Engage in any activities that results in any Nutanix-managed server being the target of a denial of service attack.
Nutanix has no obligation to monitor the Site or the Content. In its sole discretion, Nutanix reserves the right to review the Site and Content and to monitor all use of and activity on the Site and the Content, and to remove or choose not to make available on or through the Site any Content.
9. Termination of Use
The Site and Content are provided on an "As Is" and "As Available" basis. Nutanix may, in its sole discretion, at any time:
A. remove any Content you Share on or through the Site;
B. discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site; and,
C. terminate or limit Your access to, or use of, the Site or any Content.
10. Third Party Websites, Content, Products and Services
The Site provides links to websites and access to Content, products and services of third parties, including users, partners, advertisers, affiliates and sponsors of the Site. Nutanix is not responsible for third party Content provided on or through the Site or for any changes or updates to such third party sites, and You bear all risks associated with the access to, and use of, such websites and third party Content, products and services.
11. Disclaimer and Limitation of Liability
11.1 Disclaimer. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NUTANIX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. NUTANIX MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
11.2 Limitation of Liability. IN NO EVENT SHALL NUTANIX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.
12. Privacy Statement
Any personal data collected on this Site will be processed in accordance with Nutanix’s Privacy Statement, which is hereby incorporated by reference.
13. Export Restrictions and Legal Compliance
14. Applicable Laws
Except where expressly provided otherwise by Nutanix, all matters relating to Your access to, and use of, the Site and Content provided on or through or uploaded to the Site shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to Your access to, or use of, the Site or Content shall be instituted in a state or federal court in Santa Clara County, California. You and Nutanix agree to submit to the jurisdiction of, and agree that venue is proper in these courts in any such legal action or proceeding.
15.5 Persons Not of Age of Majority. Persons who are not of the age of majority are not eligible to use the Site or access the Content, and we ask that no information in relation to such persons be submitted to us.
15.6 Trademarks. “Nutanix” is a registered trademark of Nutanix and/or its affiliates. Other names appearing on the Site may be trademarks of their respective owners. No licenses to Nutanix trademarks are granted herein. Any use of our trademarks, service marks, or trade dress must be expressly authorized in writing by Nutanix and be consistent with the Nutanix Trademark Usage Guidelines.
15.7 Copyright/DMCA. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works may be an infringement of the rights of the copyright owner.
How to Report a Possible Claim of Infringement: If You have a good faith belief that Your copyrighted work has been copied on the Site or elsewhere in our networks or other repositories in a way that constitutes copyright infringement, or that Your intellectual property rights have been otherwise violated, please provide a written notice to Nutanix's Designated Agent with the following information:
- Identification or description of the copyrighted work or other intellectual property You claim has been infringed. If You are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent).
- Identification or description of where the material You claim is infringing is on the Site or elsewhere, with enough detail for Nutanix to find the material.
- Your name, address, telephone number, and email address.
- A statement by You that You have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the information in Your written notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest allegedly infringed.
The address of our Our Designated Agent for claims of copyright or other intellectual property infringement is:
Attention: DMCA/IP Agent
1740 Technology Drive, Suite 150
San Jose, California 95110
Our Designated Agent may also be contacted by email to: DMCA@nutanix.com
Effective Date: June 30, 2022
Copyright © 2022, Nutanix and/or its affiliates.