Dell XC Web-Scale Converged Appliance User Manual

Page 4

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provided hereunder. All suggestions or feedback provided by you to Nutanix

with respect to the Software shall be Nutanix’s property and deemed

Confidential Information of Nutanix.

4 Support: Nutanix’s support obligations for the Software, if any, are set forth in

the Support Terms and Conditions, which may be found at

www.nutanix.com/support.

5 Term and Termination: This Agreement and your right to use the Software

and Documentation may be terminated by you at any time upon written

notice. This Agreement automatically terminates if you or any of your

employees or consultants fail to comply with its terms and

conditions.Immediately upon termination of this Agreement for any reason,

all rights granted to you hereunder will cease and you shall return or destroy all

copies of the Software and Documentation in your possession, custody or

control and if requested you shall certify to Nutanix in writing that such

return or destruction has occurred. The following sections of this Agreement

survive any expiration or termination hereof: 6, 7, 9, 10 and 13.

6 NO WARRANTY: EXCEPT AS PROVIDED IN THE NUTANIX LIMITED

WARRANTIES DOCUMENTATION, YOU AGREE THAT THE

SOFTWARE AND DOCUMENTATION ARE PROVIDED “AS IS” AND

THAT COMPANY AND ITS LICENSORS MAKE NO OTHER

WARRANTY AS TO THE SOFTWARE OR DOCUMENTATION,

INCLUDING WITHOUT LIMITATION UNINTERRUPTED USE,

ACCURACY, AND DATA LOSS. COMPANY AND ITS LICENSORS

DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF

MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A

PARTICULAR PURPOSE (EVEN IF COMPANY KNOWS OR SHOULD

HAVE KNOW OF SUCH PURPOSE), RELATED TO THE SOFTWARE

OR DOCUMENTATION, ITS USE OR ANY INABILITY TO USE IT, THE

RESULTS OF ITS USE AND THIS AGREEMENT. COMPANY AND ITS

LICENSORS DO NOT WARRANT THAT THE SOFTWARE OR

DOCUMENTATION OR ANY RESULTS OF USE THEREOF WILL BE

FREE OF DEFECTS, ERRORS OR VIRUSES, RELIABLE OR ABLE TO

OPERATE ON AN UNINTERRUPTED BASIS OR IN A PARTICULAR

ENVIRONMENT OR THAT ERRORS THEREIN, IF ANY, WILL BE

CORRECTED.

A5_techsheet.fm Page 12 Monday, November 17, 2014 11:24 AM

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