Trademark Usage Guidelines

Introduction

Nutanix’s trademarks, service marks, trade dress and logos (“Trademarks”) represent some of the company’s most valued assets. The Trademarks, whether registered or unregistered, must be used in accordance with these Trademark Usage Guidelines (“Guidelines”). A list of Trademarks–which may be updated from time to time and without notice–is provided at the conclusion of these Guidelines.

Applicability of Guidelines

These Guidelines apply to Nutanix customers, licensees, consultants, authorized resellers and distributors, outside vendors, reporters and other third parties. Note that if you are a licensee of a Nutanix Trademark, the license agreement you signed may contain specific usage guidelines that differ from those contained within these Guidelines, and in such case, follow those specific guidelines. If you are a licensee, but have been provided no special guidelines, then follow these Guidelines.

In addition to strict compliance with these Guidelines, your use of Nutanix Trademarks must comply with applicable laws and under no circumstances are you permitted to use any Trademarks in a manner that may negatively affect Nutanix’s reputation or the reputation of its customers or partners.

Special Guidelines for Nutanix Corporate Logo Trademarks

Nutanix’s corporate logo marks include our company name NUTANIX–whether in standard characters or in the stylized version that includes our stylized X logo–and the Nutanix stylized X itself. Nutanix’s corporate logo marks can never be used by third parties without express authorization by Nutanix, such as by a written trademark license with Nutanix or some other executed contract, such as a Nutanix Elevate partner program agreement. Requests for a trademark license may be submitted to trademarks@Nutanix.com. Assuming you receive approval to use a Nutanix Trademark, the company will provide logo files and any special usage guidelines for your use. Otherwise, you must use the corporate logo marks as provided herein.

No Implied License

No license or right is granted by Nutanix by implication, estoppel or otherwise to the Trademarks. If in doubt about whether a particular name, mark or logo is a Nutanix Trademark, or if you have questions about Nutanix’s Trademarks, contact Nutanix’s Legal Department for assistance at trademarks@nutanix.com. Other product names or trademarks, including those appearing on Nutanix’s websites, not owned by Nutanix are for identification purposes only and may be the registered or unregistered trademarks of their respective owners. The appearance of any third party trademarks on the Nutanix website or in its collateral does not mean Nutanix has any relationship with that third party.

Acknowledgment of Rights

By using any Nutanix Trademarks, you acknowledge Nutanix is the sole owner of the Trademarks and agree not to interfere with Nutanix’s rights in the Trademarks, including challenging Nutanix’s use, application to register or registration of such Trademark(s). You agree that you will not harm, misuse or bring into disrepute Nutanix or any Nutanix Trademark and that the goodwill arising from your use of any Nutanix Trademark exclusively inures to the benefit of Nutanix without the need for a separate writing or compensation. You may not use any Trademarks in metatags, search fields, hidden text or , other form without Nutanix’s prior written permission. (While in some instances a Nutanix word mark can be used without a license to truthfully convey information about Nutanix’s products or services or compatibility therewith—provided the use does not cause confusion as to source or affiliation—any other use of a Nutanix Trademark requires an appropriate license agreement.) Under no circumstances can you use a Nutanix Trademark in a manner that has the purpose or effect of diverting or confusing consumers.

Referring to Nutanix Products/Services

When referring to Nutanix products or services, use the applicable Trademark and ensure that such references: (i) are truthful, fair, and not misleading; and (ii) comply with these Guidelines. Specifically, ensure that you:

1. Follow the directives within these Guidelines.
2. Use the appropriate trademark symbol and acknowledgment of Nutanix’s ownership of the particular Trademark.
3. Do not incorporate or combine Nutanix Trademarks into other trademarks, service marks, logos, or company names.
4. Do not adopt marks or logos that imitate, play on, refer to or are confusingly similar to any Nutanix Trademarks.

Proper Use of Nutanix Trademarks

When using a Nutanix Trademark, ensure you:

1. Except in slogans and taglines, ALWAYS use a Trademark as an adjective, accompanied by an appropriate generic noun that defines the relevant product or service (e.g., “Nutanix® software”). Do NOT use a Trademark as a noun (e.g., “Nutanix® is an excellent product”).
2. Do NOT pluralize a Trademark or make it possessive.
3. Do NOT combine a Trademark with other words, symbols, or numbers, either as one word or with a hyphen.
4. Do NOT abbreviate or alter a Trademark.
5. Do NOT change the color or typeface of a Trademark featuring a design element.
6. ALWAYS use the proper spelling and the proper trademark symbol (®, ™ or ℠), as further described below. For the trademark symbol, use the superscript format, but if this is not possible, then use parentheses, (R), (TM) or (SM), as applicable.

Examples of Proper Use of Nutanix Trademarks

• Nutanix® cloud services
• .NEXT® conference
• AHV® hypervisor
• AOS Storage™ software
• Nutanix Disaster Recovery™ service
• Files Storage™ cloud file server

Fair Use of Nutanix Trademarks

While in some instances a Nutanix word mark can be used without a license to truthfully convey information about Nutanix’s products or services or compatibility therewith—provided the use does not cause confusion as to source or affiliation—any other use of a Nutanix Trademark requires an appropriate license agreement. Moreover, you may not disparage Nutanix or mislead the public, and must be clear and accurate as to the nature of the relationship between Nutanix and your company.

Under no circumstances can you use a Nutanix logo trademark without express written permission or a license.