IMPORTANT — READ CAREFULLY
YOU MUST READ THIS SUPPORT AGREEMENT (THE “AGREEMENT”) BEFORE USING NUTANIX SUPPORT. BY REGISTERING FOR, USING OR RECEIVING ANY OF NUTANIX’S SUPPORT SERVICES (“SUPPORT” AS FURTHER DESCRIBED IN SECTION 2 BELOW) YOU (A) REPRESENT THAT YOU HAVE THE LEGAL CAPACITY AND AUTHORITY TO BIND YOURSELF AND/OR THE PERSON OR ENTITY FOR WHOM YOU ARE ENTERING INTO THIS AGREEMENT; (B) REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (C) REPRESENT AND WARRANT THAT THE INFORMATION THAT YOU HAVE PROVIDED OR WILL PROVIDE TO NUTANIX IS OR WILL BE CORRECT AND COMPLETE IN ALL RESPECTS, THAT NUTANIX MAY RELY UPON THE INFORMATION THAT YOU PROVIDE AND THAT ANY INCORRECT OR INCOMPLETE INFORMATION THAT YOU PROVIDE TO NUTANIX MAY RESULT IN NUTANIX WITHHOLDING, SUSPENDING OR TERMINATING THE SUPPORT AND/OR TERMINATING THIS AGREEMENT WITH NO ADDITIONAL LIABILITY TO NUTANIX; AND (D) AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO SUPPORT PURCHASED BY YOU FOR THE PRODUCT(S) THAT YOU OR THE ENTITY THAT YOU REPRESENT OBTAINED EITHER DIRECTLY FROM NUTANIX, INC. OR NUTANIX NETHERLANDS, B.V. (COLLECTIVELY THESE ARE REFERRED TO AS “NUTANIX”) OR FROM AN AUTHORIZED NUTANIX DISTRIBUTOR OR RESELLER (“PARTNER” AS FURTHER DEFINED BELOW).
This Agreement is between You, on behalf of the company, partnership or business entity that You represent (“You” or “Your”) and either (a) Nutanix, Inc. a Delaware corporation, with offices located at 1740 Technology Drive, Suite 150, San Jose, CA 95110, USA if the Support was purchased in the Americas; or (b) Nutanix Netherlands, B.V. incorporated and registered in The Netherlands with its registered office at Scorpius 100, 2132 LR Hoofddorp, The Netherlands, if the Support was purchased in any other country ((a) and (b) are referred to herein as “Nutanix”). Nutanix and You are each a “party” under this Agreement and collectively are referred to as “parties”.