Welcome to the Nutanix websites (the "Site"). Through the Site, You have access to a variety of resources and content. These terms and conditions (“Terms of Use”) apply to the following: (a) Web pages (such as https://www.nutanix.com/ and https://www.nutanixbible.com/), source code, data, messages, text, images, photographs, graphics, audio and video such as podcasts and Webcasts, and documents such as press releases, white papers and product information that are not part of the Products ("Materials"); and (b) forums, discussion groups, bulletin boards, blogs, wikis, and other services in connection with which You can upload, download, share, email, post, publish, transmit or otherwise access or make available Content (as defined below) ("Community Services"). Materials, Developer Materials (as defined below), Community Services, and other information or services, as well as Your contributions to and interactions therewith, are collectively referred to as "Content." Products (as defined in the Agreement) are not covered by these Terms of Use.
The following are terms of a legal agreement between you ("You" or "Your") and Nutanix, Inc. and its affiliated companies ("We", “Us” or "Nutanix"). By accessing or using the Site or the Content provided on or through the Site, You agree to follow and be bound by these Terms of Use.
1. Terms Applicable to the Products
Your use of the Products is subject to the Nutanix License and Services Agreement (unless otherwise agreed to in writing between the parties) (“Agreement”). If there is a conflict or inconsistency between these Terms of Use and the Agreement , then the Agreement shall have precedence over the Terms of Use.
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.
b. Use of Developer Materials. Notwithstanding any other provisions in these Terms of Use, You may download, store, display on Your computer, view, listen to, play and print Materials Nutanix publishes or broadcasts on the Site or makes available for download through the Site that are expressly identified by Nutanix as intended for development use, such as Materials displayed on nutanix.dev (“Developer Materials”). Except as otherwise expressly permitted (or provided) by Nutanix, Your use of the Developer Materials is subject to the following: (i) the Developer Materials may be used internally for development purposes in connection with Your use of Nutanix Products or for the purpose of enabling interoperability with Nutanix Products and may not be used for any other purposes; (ii) the Developer Materials may not be modified or altered in any way, and, if in binary form, may not be reverse engineered; and (iii) the Developer 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
The Site and Content provided on or through the Site are the intellectual property and copyrighted works of Nutanix or a third party provider. All rights, title and interest not expressly granted in these Terms of Use with respect to the Site and Content provided on or through the Site are reserved. You agree that You will not use the Site or Content to infringe Nutanix’s intellectual property rights. You may not remove, deface, or overprint any notice of copyright, trademark, logo, or other notice of ownership from any originals or copies of Nutanix software, third party software, or any products or Content You access on or through Nutanix’s Sites.
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.
5.2 Your Content Warranties. You warrant that: (a) You have the right and authority to grant this license to Nutanix; (b) Nutanix’s exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; (c) any Content you submit to the Site will comply with the Terms of Use; and (d) all so-called moral rights in the Content have been waived to the full extent allowed by law.
5.3 Prohibited Content. You agree that You will not use the Site in a manner, or Share any Content, that: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) violates another's privacy rights or includes, copies or transmits another's confidential, sensitive or personal information; (d) comprises or promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene, not in good taste, or otherwise objectionable; (f) violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights and privacy rights; (g) You do not have the right and authority to Share and grant the necessary rights and licenses for to Nutanix and all other Site users; (h) violates or promotes the violation of any applicable laws or regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (j) contains any viruses, Trojan horses, malware, tracking, or other components designed to limit or harm the functionality of a computer, storage device, or other system. Nutanix may report You to the relevant authorities and may act under the fullest extent of applicable laws if You transmit or upload content intended or designed to cause harm or otherwise is deemed in violation of these Terms of Use.
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.
6.2 Password and Account Requirements. If any of the Sites or Content require You to open an account or otherwise allow You to take steps to obtain some additional access or opportunity, then You must complete the registration process by providing Us with current, complete and accurate information as required by the applicable registration form. You may also be required to choose a password and a user name. Access to and use of password protected or secure areas of the Site, Materials, or Community Services are restricted to authorized users only. Nutanix reserves all right, in its sole discretion, to grant You this authorized access. You agree not to share Your password(s), account information, or access with any other person. You are responsible for maintaining the confidentiality of password(s) and account information, and You are responsible for all activities that occur through the use of Your password(s) or account(s) or as a result of Your access to the Site, Materials, or Community Services. You agree to keep all information You provide to Us for such registration up to date and to notify Nutanix immediately of any unauthorized use of Your password(s) or account(s), breach of security, or other activity that is not authorized by these Terms of Use.
6.3 No Unlawful or Prohibited Use. You agree not to use the Site, or Content provided on or through the Site, for any purpose that is unlawful or prohibited by these Terms of Use or the rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site.
7. Indemnity
To the extent permitted by law, You agree to indemnify and hold harmless Nutanix, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of Your use of the Content, Content that You Share, Your violation of these Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site, or Your violation or infringement of any third party rights, including intellectual property rights.
8. Monitoring
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.
Nutanix shall not be liable to You or any third-party for any termination of rights under these Terms of Use, limitation of Your access to, or use of, the Site or any Content, including Content that You may have Shared, or if, for any reason, all or part of any of the Site or Content is unavailable at any time.
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.
11.3 Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.
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
You shall comply with all applicable laws and regulations including but not limited to those relating to anti-corruption or anti-bribery e.g. the U.S. Foreign Corrupt Practices Act, as amended, the U.K. Bribery Act and legislation implementing the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. You shall not give anything of value to another person in order to improperly obtain or retain business, influence a decision, or gain an advantage. Your Content is provided in accordance with and subject to the export control laws and regulations of the United States, including without limitation the Export Administration Regulations, International Traffic in Arms Regulations and applicable laws and regulations of other countries. You shall comply with all export control laws and regulations applicable to Your use, transfer or export of the Site and Content. You certify that You are not subject to sanctions or otherwise restricted from making or receiving U.S. exports. Nutanix may suspend its performance under these Terms of Use if performance would violate sanctions or export restrictions imposed by any applicable government entity.
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. Miscellaneous
15.1 Changes to the Terms of Use. Nutanix may revise the Terms of Use at any time without notice to You. The revised Terms of Use will be effective when posted. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. If you do not agree to these Terms of Use or the Privacy Statement, you must exit the Site. You can review the most current Terms of Use at https://www.nutanix.com/legal/terms-of-use.
15.2 Assignment. Nutanix may assign or delegate these Terms of Use and/or the Nutanix Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section 5 ("Your Content and License Grant to Nutanix"). You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Statement without Nutanix's prior written consent, and any unauthorized assignment and delegation by You is void.
15.3 Entire Agreement. These Terms of Use may only be modified by a written amendment signed by an authorized representative of Nutanix, or by the posting by Nutanix of a revised version in accordance with Section 15.1 ("Changes to the Terms of Use"). These Terms of Use, together with the Nutanix Privacy Statement, represent the complete and exclusive statement of the agreement between You and Us. These Terms of Use supersede any proposal or prior agreement oral or written, and any other communications between You and Nutanix relating to the Site and the Content.
15.4 Waiver and Severability. The failure of Nutanix to exercise or enforce any rights or provisions in these Terms of Use shall not constitute a waiver of such right or provision. If any part or provision of these Terms of Use is found to be unenforceable, such part or provision may be modified to make the Terms of Use as modified legal and enforceable. The balance of the Terms of Use shall not be affected.
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:
Legal Department
Attention: DMCA/IP Agent
Nutanix, Inc.
1740 Technology Drive, Suite 150
San Jose, California 95110
Our Designated Agent may also be contacted by email to: DMCA@nutanix.com
15.8 Contact Information. If You have any questions regarding these Terms of Use, please contact Nutanix at legal@nutanix.com. If You have any other questions, contact information is available at the Nutanix Contact Page on the Site.
Effective Date: June 30, 2022
Copyright © 2022, Nutanix and/or its affiliates.