The Migration Promotion (the "Promotion") is designed to assist organizations transitioning workloads to Nutanix, including migrations from VMware by Broadcom solutions, Oracle environments, and Red Hat OpenShift virtualization. The Promotion provides new Nutanix end customers with a one-time promotional discount on Nutanix licensing.
The end customer seeking to take advantage of the Migration Promotion ("Promotion") must be a new end user to Nutanix and not have any Nutanix technology installed in their enterprise globally.
"Ex-customer" is defined as an account where all assets, licenses and subscription records have expired 180+ days in the past. Ex-customers may qualify as new customers provided they meet all other eligibility criteria.
Nutanix will apply a one-time promotional discount to qualified subscription orders. The discount amount scales with the size of the customer's commitment and is determined by Nutanix based on the deal parameters. (The discount does not establish any precedent for future opportunities or renewal subscription pricing.)
Hardware value will not be included. Hardware is excluded from discount calculations and commitment calculations
The following Nutanix products are eligible under the Promotion:
NCI-Data (NCI-D), NCI-Compute (NCI-C), NCI-VDI, NCI-Edge, NCM-Edge, NAI, and NUS are excluded from Promotion discount pricing.
End customer represents that it has not and will not violate any applicable laws in relation to the Promotion. Further, end customer represents and warrants that it has not and will not violate any applicable anticorruption law, including the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act, in relation to the Promotion. End customer represents and warrants that no entity has offered or provided anything of value to end customer's employees to improperly influence this deal.
End customer represents and warrants that it has not and will not violate any applicable trade sanctions and import/export control laws and regulations of any country in relation to this Promotion. Any imposition of sanctions or export controls that prevents Nutanix from performing under this Promotion shall be considered Force Majeure.
Nothing in this Promotion shall be construed as a grant to either party of any ownership or other interest in any copyrights, patents, trademarks, know-how, inventions, trade secrets and registrations and applications for the registration thereof ("Intellectual Property") of the other.
The Nutanix Privacy Statement applicable to this Promotion can be viewed at: https://www.nutanix.com/legal/privacy-statement. The statement describes the information that we gather from you in connection with our offerings, how we use and disclose such information, the steps we take to protect such information, and how you can exercise your data protection rights.
By your participation in the above referenced Promotion, and by your acceptance of any funds, gifts, gratuities, rebates, prizes or any item of value commensurate with this Promotion, you represent, warrant and affirm to Nutanix that neither your organization or any person employed therewith is now or at any other applicable time engaged with the end customer in any type of consultative, fiduciary or advisory capacity concerning technology procurement, and further, neither your organization or any individual employed therewith has or shall at any applicable time received or will receive any monetary or other form of compensation from the end customer in exchange for any such aforementioned activity. You agree to fully indemnify and defend Nutanix, its agents, employees, officers and directors, against any claims, suits, expenses, fees, fines, liens or costs that any such person may incur as a result of any violation of this provision.
Nutanix shall not be liable for any loss of profits or for special, consequential, incidental, indirect, reliance, punitive or exemplary damages, either in contract or tort, whether or not the possibility of such damages was disclosed to or could have been reasonably foreseen by Nutanix.
Nutanix will not be liable for performance delays or for nonperformance due to causes beyond our reasonable control.
Each party is responsible for its own income taxes or taxes based upon gross revenues, including, but not limited to, business and occupation taxes.
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