Nutanix End User License Agreement

3.0 Prohibited Use. You may not (a) process data from third parties (as a service provider), provide commercial hosting services, sell, sublicense, rent or lease the Software to another party without having acquired the specific Veeam license to do so, (b) decompile, disassemble, reverse engineer or modify the Software in any way (except to the extent that such prohibition is expressly prohibited by law), (c) the Software in violation of: use any applicable law or regulation, or (d) make the Software or your license file available on any type of public sharing site or forum. Restrictions on the use of the Software to process third party data, to provide commercial hosting services, to sublicense, rent or lease the Software do not apply to veeam Cloud & Service Provider Program participants (“VCSP Program”) who have obtained the rental license to use the Software in accordance with the terms of the VCSP Program. You agree not to share, transmit or make available the results of any performance or functional test of the Software to any third party without Veeam`s prior written consent. 1.0 License Grant. This EULA grants you, the User, a non-exclusive, non-transferable license to use the Software in the Object Code for internal business purposes (and not for the management of third party data, unless the product you expressly authorize to do so) under the terms set forth herein. The Software must be installed, used and provided in accordance with the specific license you have purchased, for a description of the license, see www.veeam.com/licensing-policy.html (“License Policy”). This EULA and the License Policy may be updated from time to time at Veeam`s sole discretion and are provided in accordance with www.veeam.com 2.0 Permitted Use. You may use the Software for the number of licenses or capabilities you have purchased. You may make copies of the Software and Documentation for your own use in accordance with the EULA and License Policy. All copies or partial copies of the software and documentation you create must include all patent, copyright and trademark notices. By using this website, you agree to security monitoring and auditing. For security reasons and to ensure that the public service remains accessible to users, this government computer system uses network traffic monitoring programs to identify unauthorized attempts to upload or modify information, or otherwise cause damage, including attempts to deny service to users.

6.0 Maintenance and support (“Maintenance”) of the Software is available in accordance with the License Policy and Support Policy available at www.veeam.com/support.html. Maintenance, if included in the purchased software, begins on the date your order is processed and the license file is generated. You will receive (a) support for your software and (b) any updates, enhancements or enhancements included or defined in the Maintenance Policy. Software updates cannot be applied to software that has expired maintenance. Current policies limit each user to a total of no more than 10 requests per second, regardless of the number of computers used to send requests. To ensure that SEC.gov remains available to all users, we reserve the right to block IP addresses that make excessive requests. 16.0 General. This Agreement sets forth Veeam`s entire commitment and End User`s exclusive rights with respect to the Software and, unless otherwise specified in any order or other written communication or publicity jointly signed or issued by both parties with respect to the Software, any conflicting terms of any order and any other communication or publicity relating to the Software.

Failure by either party to exercise or enforce any of its rights under this EULA shall be deemed a waiver of those rights. If any provision of this EULA is found to be illegal or unenforceable, it will be enforced to the fullest extent permitted and the legality and enforceability of the remaining provisions of this EULA will not be affected. This EULA shall be governed by and construed in accordance with Swiss law, without regard to its choice of law principles. You agree that the Swiss courts shall have exclusive jurisdiction over any claim or dispute arising out of or in connection with this EULA in the Canton of Zug. This Agreement and the underlying licenses may not be assigned without completely removing the installation of the Assignor`s Software, providing Veeam with Veeam`s contact information (for support purposes), and is subject to the assignee`s agreement to do so and compliance with the terms of this Agreement and the License Policy. 1.1. License Grant. Subject to your compliance with this Agreement and the licenses granted hereunder, we grant you a license to the cloud services for evaluation purposes (“Evaluation Software”) or, where applicable, software specifically used as alpha, beta, preview, demo or preview software (“Early Access Software”) or open source software (“Open Source Software”) and its documentation for internal business purposes as part of the Ability to use or, if applicable, other license Metrics. Early Access services and software are likely under development and may never be widely distributed. The lock is automatically unlocked while waiting 10 minutes.

If you continue to exceed the SEC`s maximum allowable application rate during the expiration period, the duration of the expiration period will be extended. To ensure equitable access for all users, please reduce the rate of your requests and review SEC.gov after the 10-minute break expires. 4.0 Evaluation and not for resale licenses. The Software may be made available to you for beta, demonstration, test or evaluation purposes or is marked as “Not for resale” (“NFR”). The license granted under an evaluation, beta or NFR license is valid for a period of thirty (30) days (the “Evaluation Period”), unless otherwise provided by Veeam and is specifically limited for evaluation or demonstration purposes. You agree not to use the Software under an evaluation license in a production environment or for production data processing purposes, and your use of any beta or evaluation license software is at your own risk for backing up the data. There is no obligation to support, maintain or provide any of these licenses. .