Dell XC Web-Scale Converged Appliance User Manual
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10 Injunctive Relief: You acknowledge and agree that your breach or threatened
breach of this Agreement shall cause Nutanix irreparable damage for which
recovery of money damages would be inadequate and that Nutanix therefore
may obtain timely injunctive relief to protect its rights under this Agreement
in addition to any and all other remedies available at law or in equity.
11 Export Controls: The Software and Documentation and the underlying
information and technology may not be downloaded or otherwise exported or
re-exported (i) into (or to a national or resident of) any country to which the
U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department’s list of Specially Designated Nationals or the U.S. Commerce
Department’s Table of Deny Orders. By downloading or using the Software
and/or Documentation, you are agreeing to the foregoing and you represent
and warrant that you are not located in, under the control of, or a national or
resident of any such country or on any such list and you agree to comply with
all export laws and other applicable laws.
12 U.S. Government End Users: The Software and Documentation each were
developed by private financing and constitute “Commercial Items”, as that
term is defined at 48 C.F.R. §2.101. The Software consists of “Commercial
Computer Software” and “Commercial Computer Software Documentation”,
as such terms are used in 48 C.F.R. §12.212. Consistent with 48 C.F.R. §12.212
and 48 C.F.R. §227.7202-1 through 227.7202-4, all U.S. Government End
Users acquire only those rights in the Software and the Documentation that
are specifically provided by this Agreement. Consistent with 48 C.F.R.
§12.211, all U.S. Government End Users acquire only technical data and the
rights in that data customarily as specifically provided in this Agreement.
13 Miscellaneous: (a) This Agreement is a part of the Purchase Terms and
Conditions, which may be found at www.nutanix.com/schedules, and may
only be modified by a written amendment signed by an authorized executive
of Nutanix. Capitalized terms not defined herein shall have the meaning set
forth in the Purchase Terms and Conditions. (b) Except to the extent
applicable law, if any, provides otherwise, this Agreement shall be governed by
the laws of California, U.S.A., excluding its conflict of law provisions. (c) You
expressly agree that jurisdiction for any claim or dispute arising from the use
of the Nutanix Software resides in the federal and state courts situated in the
Santa Clara County, California, U.S.A., and you consent to the personal
jurisdiction thereof. (d) This Agreement shall not be governed by the United
Nations Convention on Contracts for the International Sale of Goods. (e) If
any part of this Agreement is held invalid or unenforceable, that part shall be
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