DO NOT USE THE PROSPECT SIZER (“SIZER”) OR ANY OF THE REPORTS, RESULTS OR INFORMATION GENERATED BY THE SIZER (“SIZER REPORTS”) UNTIL YOU HAVE CAREFULLY READ THE BELOW TERMS & CONDITIONS. BY USING THE SIZER AND RECEIVING THE SIZER REPORTS, YOU ACKNOWLDGE AND AGREE TO ALL OF THE BELOW TERMS. YOU UNDERSTAND THAT THE SIZER AND SIZER REPORTS ARE PROVIDED AT NO COST AND ARE FOR ESTIMATION AND ILLUSTRATIVE PURPOSES ONLY, AND YOU SHOULD NOT RELY ON OR USE THE SIZER OR SIZER REPORTS TO MAKE ANY PURCHASING DECISIONS.
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The Sizer is provided to each person who access and uses the application either for personal use or on behalf of his/her employer (“you” or “your”) under the terms of this Agreement between you and Nutanix, Inc. (“Nutanix,” “we,” or “us”).
Sizer is an interactive application that uses information that you supply to provide an estimate of Nutanix node capacity (storage, compute and network) utilization to aid in sizing an appliance that may be appropriate to meet IT needs over the full intended lifetime of the appliance’s deployment. Sizer is intended to enable you to get a better understanding of how the initial sizing of Nutanix products, combined with a number of workload and end-user specified variables (e.g., number of desktops, number of mailboxes, database size, resiliency factor), can affect Nutanix node capacity utilization over time against aggregate utilization targets. The general accuracy of the estimate generated by the Sizer will depend on how closely the variables chosen by you match your actual circumstances, among many other factors. This Sizer is not based on any single model for determining the resources requirements and Nutanix product fit, but works to draw insights from a range of different approaches, sources and applications. The Sizer and underlying assumptions may be modified from time to time. Sizer Reports are provided for estimation and illustrative purposes only. The actual results realized as a result of a purchase and use of Nutanix products will vary based on hardware/software implementation, workload, number of users, and other factors that are not or cannot be accounted for by the Sizer and there is no guarantee that you will actually realize the results estimated by the Sizer and Sizer Reports. There may be additional unaccounted for issues related to the use and deployment of Nutanix products that are not or cannot be accounted for by the Sizer or any Sizer Reports. Any estimate provided in the Sizer Reports is not and should not be interpreted as either a promise of or contract for a given level of performance. Nutanix does not and cannot guarantee the accuracy or reliability of the results generated by the Tool.
Proprietary Rights and Ownership. You acknowledge and agree that the Sizer and all Sizer Reports belong to Nutanix or its licensors, and Nutanix retains all rights in the Sizer. You agree that you neither own nor hereby acquire any claim or right of ownership to the Sizer or the Sizer Reports or to any related patents, copyrights, trademarks or other intellectual property, including all modifications and derivative works of any of the foregoing. Nutanix and its licensors retain all right, title and interest both tangible and intangible in and to all copies of the Sizer and Sizer Reports at all times, regardless of the form or media in or on which the original or other copies may subsequently exist. The Sizer is owned by Nutanix and may be modified by Nutanix at any time without notice to you. The Sizer and the Sizer Reports are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Use of Sizer in compliance with all copyright and applicable intellectual property laws and terms and conditions herein is your responsibility.
Restrictions on Use. You must not modify, adapt, translate or create derivative works (new versions) of the Sizer. To the full extent allowed by applicable law, you must not reverse engineer, disassemble, decompile, rent, lease, or encumber the Sizer or the underlying source code. You must not embed or combine the Sizer within any product or device. The Sizer may contain proprietary and confidential information of Nutanix. You must not separate the Sizer into component parts for sublicense, distribution or transfer to a third party. You must not disclose any of the results, reports, or information generated by the Sizer to any third party without the prior written consent of Nutanix, and you must not access or use the Sizer for any competitive purposes (e.g. to gain competitive intelligence; to design or build a competitive product or service, or a product providing features, functions or graphics similar to those used or provided by Nutanix; to copy any features, functions or graphics; or to monitor availability, performance or functionality for competitive purposes). You must not cause, encourage or permit any third party to do any of the foregoing.
Privacy. Your privacy matters. We may collect and use technical and other information, including frequency and use of this Sizer, including the values entered and results generated. The information gathered by this Sizer is not intended to be used to personally identify you. You agree that the information may be used by Nutanix or its authorized third parties for the purposes of analytics and improving products and services. Please see the Nutanix Privacy Statement at www.nutanix.com/privacy-policy for further information.
NO WARRANTY. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SIZER AND SIZER REPORTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITH NO WARRANTIES, AND NEITHER NUTANIX NOR ITS LICENSORS MAKE ANY REPRESENTATION OR WARRANTY, STATUTORY OR IMPLIED, AS TO THE SIZER OR SIZER REPORTS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. NUTANIX AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE (EVEN IF NUTANIX KNOWS OR SHOULD HAVE KNOWN OF SUCH PURPOSE), AND ANY WARRANTIES ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING OR PERFORMANCE, OR USAGE OF TRADE. NUTANIX AND ITS LICENSORS DO NOT WARRANT THAT THE SIZER OR ANY SIZER REPORTS WILL BE FREE OF DEFECTS, ERRORS OR VIRUSES, OR RELIABLE. YOU ASSUME THE ENTIRE RISK AS TO THE USE OR RELIANCE ON THE ESTIMATES AND INFORMATION GENERATED BY THE SIZER. NUTANIX IS UNDER NO OBLIGATION TO MAINTAIN THE Sizer, CREATE OR PROVIDE SIZER UPDATES, UPGRADES OR TO CONTINUE TO SUPPORT THE SIZER AND DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED WITHIN THE SIZER OR SIZER REPORTS. YOU SHOULD NOT RELY ON OR USE THE Sizer OR Sizer Reports TO MAKE ANY PURCHASING DECISIONS.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL NUTANIX OR ITS LICENSORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, LICENSORS, LICENSEES OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE OR NON-PERFORMANCE OF THE SIZER OR ANY SIZER REPORTS, EVEN IF NUTANIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ANY REMEDY PROVIDED FOR HEREUNDER IN ITS ESSENTIAL PURPOSE. IN NO EVENT WILL NUTANIX’S OR ITS LICENSORS’ TOTAL LIABILITY TO YOU EXCEED $5.00.
US GOVERNMENT RESTRICTED RIGHTS. The Sizer is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of Nutanix's proprietary rights in them.
General. This Agreement contains the entire understanding between the parties with respect to your use of the Sizer and the Sizer Reports. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. To the extent permitted by applicable law, this Agreement is governed by and construed in accordance with the substantive laws of the State of California, U.S.A. You expressly and irrevocably agree and submit to the exclusive jurisdiction of the federal and state courts located in Santa Clara County, California, U.S.A. This Agreement will not be governed by the conflict of laws rules of any jurisdiction or the U.N. Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Nutanix may at any time revise these Terms and Conditions by updating this posting. By using the Sizer and Sizer Reports, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current terms and conditions which you are bound.
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