~lazypower/charms/trusty/nexentaedge-swift-gw/metadata-typo

Nexenta End User License Agreement (EULA)

BY DOWNLOADING AND INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU 

AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA. YOU REPRESENT 

THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT 

AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, YOU MAY NOT DOWNLOAD, 

INSTALL, COPY OR USE THE SOFTWARE.

1. DEFINITIONS

"Community Edition" means a limited functionality perpetual version of the 

Product, if any, designated as such and which is made available without 

charge by Company.

"Enterprise Edition" means a full functionality perpetual version of the 

Product designated as such and which is made available by Company for the 

applicable fees.

"Company" means Nexenta Systems, Inc. and its affiliated companies.

"EULA" means this Nexenta End User License Agreement and any applicable 

Quote, if any. In the event of a conflict between the terms of this 

agreement and an applicable Quote, the latter shall control and govern.

"License Key" means a document (in physical or electronic format) provided 

by Company or its authorized distributors that identifies: (i) the Product, 

including edition, licensed to You; (ii) the machine signature of the 

computer on which use of the Product is enabled; (iii) the codes that 

initialize use of such computer; and, (iv) the License Term, if applicable.

"License Term" means the period during which the Product may be used by You, 

commencing on the date of issuance of Your License Key and subject to Your 

compliance with the terms and conditions of this EULA continuing (a) in the 

case of the Enterprise Edition and the Community Edition licenses, in 

perpetuity, and (b) in the case of the Trial Edition licenses, for the 

period specified by Company when You register the Product or acquire Your 

License Key (but in no event more than forty-five (45) days).

"Product" means the applicable Nexenta software product that You are 

licensing and including all associated applications, plug-ins and adapters 

that are provided and enabled, and any bug fixes, patches and maintenance 

releases provided by Company. The Product specifically excludes (a) any 

features that are not enabled by the License Key corresponding to the edition

 You have licensed, (b) any Third Party Software, and (c) any other current 

 or future Editions or any separately priced Company products containing 

 substantially new functionality and features that may be developed or 

 offered from time to time.

"Quote" shall mean a quote issued by Company and accepted by You by execution 

or by issuance of a purchase order referencing such quote.

"Site" means Nexenta Systems, Inc. website: <http://www.nexenta.com/>

"Storage Space" means the total amount of disk storage that is managed by 

the Product, but excluding disk storage occupied by the Product's operating 

system (known as "syspool").

"Third Party Software" means any separate third party software which may 

be distributed or bundled with the Product.

"Trial Edition" means a full functionality time-limited version of the 

Product designated as such and which is made available without charge by 

Company.

"You" means the natural person or the entity that is agreeing to be bound 

by this EULA, their employees and third party contractors that provide 

services to You that You shall cause to be bound by this EULA prior to 

use of the Product. The individual entering into this EULA on behalf of 

You hereby represents that such individual is Your employee or agent and 

has authority to enter into this EULA on behalf of You.

2. TERMS AND CONDITIONS

2.1. The Product is licensed, not sold. Company grants You a non-exclusive, 

non-sublicensable, non-transferable, perpetual (except as to Trial Edition 

licenses), revocable (in the event of a breach by You) world-wide license 

for a user designated by You to use the Product (in object code format) 

during the License Term, subject to the terms and conditions of this EULA and 

in accordance with the generally available specifications and documentation 

provided with the Product and the specific terms of Your Quote (collectively, 

the "Documentation").  Subject to any further limitations set forth in this 

EULA and the Documentation, You may install, use or deploy the Products up 

to the maximum quantities, capacities or other limitations as You have 

licensed and for which You have paid the applicable fees.  The Products may 

not otherwise be shared or used concurrently on different computers, except 

in compliance with the foregoing. 

2.2 If You have acquired a Community Edition license, the total amount of 

Storage Space is limited as specified on the Site and is subject to change 

without notice. The Community Edition may ONLY be used for educational, 

academic and other non-commercial purposes expressly excluding any commercial 

usage. The Trial Edition licenses may ONLY be used for the sole purposes of 

evaluating the suitability of the Product for licensing of the Enterprise 

Edition for a fee. If You have obtained the Product under discounted 

educational pricing, You are only permitted to use the Product for 

educational and academic purposes only and such license expressly excludes 

any commercial purposes.

2.3. The Product must be activated with a License Key that can be obtained 

by registering the Product with the Company. License Keys for the Community 

Edition can be obtained by registering the Product at 

http://www.nexenta.com/corp/downloads/register-community-download.   

<http://www.nexenta.com/corp/downloads/register-community-download> License 

Keys for the Trial Edition can be obtained by registering the Product at the 

Free Trial Registration page on the Site.

2.4 You may purchase the Product license either through Company or through 

its authorized third party vendors ("Third Party Vendors"). If You purchase 

the Product license from any Third Party Vendor, then the applicable terms 

and conditions of this EULA, along with the terms and conditions provided 

by such Third Party Vendor, will govern such purchase. To the extent that 

such Third Party Vendor terms conflict with the terms of this EULA, as 

between You and Company, this EULA will control.

2.5. You agree that You will NOT without the express written authorization 

of Company (a) copy, sell, sublicense, or otherwise transfer the Product to 

any third party; (b) remove any titles, trademarks or trade names, copyright 

notices, legends, or other proprietary markings on or in the Product; (c) 

except to the extent expressly permitted by applicable law, and to the 

extent that the Company is not permitted by that applicable law to exclude 

or limit the following rights, You will not decompile, disassemble, reverse 

engineer, or otherwise attempt to derive source code from the Product, in 

whole or in part; (d) disable, circumvent or de- install any computer system 

license management routines, access codes or control programs, or (d) modify 

or create derivative works of the Product.   You agree that upon a breach of 

the covenants above, Company shall have the right, without notice or demand 

to disable the Product or otherwise limit its functionality.

2.6. Company may update, modify or discontinue offering the Product, 

discontinue offering support and maintenance for the Product or revise the 

Documentation at any time without prior notice to You. If Company delivers 

a revision of the Product, You agree and acknowledge that Company shall have 

no responsibility for testing that the Product is compatible with previously 

delivered versions of the Product, other than to one (1) prior minor version, 

if any (designated as e.g., version 2.0 to 2.1). All prices mentioned on the 

Company Site are subject to change without notice.

2.7. Product Descriptions; Pricing; Errors. Company attempts to be as 

accurate as possible and eliminate errors in the Product and Documentation. 

However, Company does not warrant that the Product and the Documentation is 

accurate, complete, reliable, stable, defect free, current, or error-free. 

In the event of an error, Company reserves the right to correct such error 

at any time.

2.8. Third Party Software. The Third Party Software is separately licensed 

and governed exclusively by the applicable license agreement accompanying, 

included or referenced with such software packages ("Third Party Terms"). 

You agree to comply with the Third Party Terms. COMPANY HEREBY DISCLAIMS 

ANY AND ALL WARRANTIES EXPRESS OR IMPLIED FROM ANY THIRD PARTIES REGARDING 

ANY THIRD PARTY SOFTWARE, AND THE USE OF ANY OR ALL THIRD PARTY SOFTWARE IN 

CONNECTION WITH THE PRODUCT, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES 

OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. NO THIRD PARTY 

LICENSORS OF THIRD PARTY SOFTWARE SHALL HAVE ANY LIABILITY FOR ANY DIRECT, 

INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING 

WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND WHETHER MADE UNDER 

CONTRACT, TORT OR OTHER LEGAL THEORY, ARISING IN ANY WAY OUT OF THE USE OR 

DISTRIBUTION OF ANY THIRD PARTY SOFTWARE OR THE EXERCISE OF ANY RIGHTS 

GRANTED UNDER EITHER OR BOTH THIS AGREEMENT AND THE LEGAL TERMS APPLICABLE 

TO ANY THIRD PARTY SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH 

DAMAGES.

3. FEES

3.1. Payment of Fees. In consideration for the license granted by Company 

under this EULA, You shall pay Company the fees as set forth in the 

applicable Quote or otherwise quoted to You in writing. All amounts due by 

You to Company and not paid within thirty (30) days of the due date shall 

bear interest at the lower of the rate of one and one-half percent (1½ %) 

per month or the highest rate allowed by law, from the date due until the 

date payment is received by Company.

3.2. Taxes. You shall, in addition to the other amounts payable under this 

EULA, pay all sales, use, excise, value added or other taxes, federal, state 

or otherwise, however designated, which are levied or imposed by reason of 

the transactions contemplated by this EULA (excepting Company's corporate 

franchise and net income taxes).

3.3. Compliance Audit. You agree to implement reasonable controls to ensure 

compliance with the intended use of the Product authorized by this EULA. 

Company reserves the right to have a compliance audit performed, no more 

often than once every 12 months, of Your deployment and use of the Product 

at any time during Your normal business hours at Your principal place of 

business, upon no less than five (5) business days written notice and at 

Company's expense, by inspecting records, information and systems that are 

directly relevant to such compliance.  The audit and any results thereof or 

information learned shall be maintained as confidential information.

3.4. Data Capture. You acknowledge an agree that Company shall have access 

(remotely or otherwise) to the Product and the right to capture data 

relating to Your use for the purpose of (i) performing diagnostics of the 

Product in response to a request of You for service or a believed issue by 

Company, (ii) monitoring Your usage of the Product to ensure that the number 

of licenses and procedures are equal to the authorized number of the same, 

and (iii) to otherwise capture, compile or analyze data any non-personally 

identifiable data or information resulting Your use of the Products in the 

form and content as may be determined by Company from time to time. Such 

data or information collected by Company shall be solely owned by Company 

and may be used by Company for any lawful business purpose.

4. MAINTENANCE AND SUPPORT

4.1. Except as to any Trial Edition and Community Edition licenses (for 

which no support or maintenance is provided), You shall be entitled to 

receive the support and maintenance for the use of the Product and the Third 

Party Software during the "Support Period" to the extent set forth on the 

Site and at the support level for which You have paid a separate additional 

fee. "Support Period" shall mean the period(s) set forth in the Quote or, 

if Your license was acquired via the Site or by placement of an accepted 

purchase order, the period otherwise specified by Company in writing, and 

any mutually agreed renewals or extensions thereof, in each case for which 

You have paid all applicable fees.

4.2. You acknowledge that Company has no obligation to (i) continue offering 

support or maintenance after expiration of the Support Period, (ii) provide 

updates for other than the current release of the Product, (iii) issue 

updates, upgrades or bug fixes at any time or on any regular schedule and 

Company shall develop and issue updates, upgrades or bug fixes in its sole 

and absolute discretion, (iv) provide any support or maintenance unless You 

have provided complete and accurate documentation of the issue and the 

Company is able to replicate the issue, or (v) provide any support or 

maintenance with respect to any hardware issues, including, without 

limitation, resulting from use of any hardware that does not Company 

minimum specifications.

4.3. No Support of Modifications. Any modifications of the Product and any 

Third Party Software will not be supported by the Company unless indicated 

otherwise by expressed written authorization. Company will not be liable 

for any modifications to the Product, or any Third Party Software included 

with the Product, or any errors or damages resulting from such 

odifications. COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE USE OF 

THE THIRD PARTY SOFTWARE.

4.4. UNIX shell. You agree that You will not use UNIX shell which 

constitutes part of the Third Party Software to administer or reconfigure 

the Product unless pre-approved by the Company. Any administration or 

reconfiguration of the Product shall be in accordance with the 

Documentation. Using UNIX shell without authorization of the Company will 

not be supported, and the Company will not be liable for any errors or 

damages resulting from such usage.

5. OWNERSHIP; CONFIDENTIALITY

5.1. Company and its licensors retains all right, title, and interest in 

and to the Product, Documentation and License Keys and in all related 

copyrights, trade secrets, patents, trademarks, and any other intellectual 

and industrial property and proprietary rights, including registrations, 

applications, renewals, and extensions of such rights. Except for the 

limited license expressly granted herein, this EULA does not grant You any 

rights to intellectual property rights in or to the Product. Any suggested 

modifications or improvements to the Product submitted to Company by You 

become Company's exclusive property to exploit or to not exploit as the 

Company solely deems appropriate without necessity for remuneration or 

attribution to You.

5.2. You acknowledge that the Product, License Keys, and any benchmarking 

data and related information mentioned in Section 5.3 contains trade secrets 

and confidential material and You agree to maintain all such information in 

confidence and apply security measures no less stringent than the measures 

which You apply to protect Your own like information, but not less than a 

reasonable degree of care, to prevent their unauthorized disclosure and use. 

Subject to any restrictions imposed by applicable law, the period of 

confidentiality shall be indefinite. You agree that You shall not use any 

such information other than in normal use of the Product under the licenses 

granted in this Agreement.

5.3. This Agreement does not prevent You from using the Product for internal 

benchmarking purposes. However, You shall treat any and all benchmarking 

data relating to the Product, and any other results of Your use or testing 

of the Product which are indicative of its performance, efficacy, reliability 

or quality, as confidential information and You shall not disclose such 

information to any third party without the express written permission of 

Company.

6. LIMITED WARRANTY

6.1. Except as to any Trial Edition and Community Edition licenses, Company 

warrants to You that, for a period of thirty (30) days after Your initial 

installation of the Product, the unmodified portions of the Product shall 

conform substantially to the then current Documentation. AS TO ANY DEFECTS 

DISCOVERED AFTER THE THIRTY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION 

OF ANY KIND. Any updates to the Product, including without limitation, 

those provided after the expiration of such 30-day period are not covered 

by any warranty or condition, express, implied or statutory. To the extent 

that the Product is derived from third-party software or licensed from 

third parties, no such third party warrants the Product, assumes any 

iability regarding use of the Product or undertakes to furnish You any 

support or information relating to the Product. You shall be solely 

responsible for the choice of proper hardware and all hardware maintenance, 

including periodic inspections, adjustments and repair.

6.2. Exclusive Remedy for Breach. If the Product fails to conform to the 

warranty in Section 6.1, You must notify Company within a reasonable time 

and in no event more than fifteen (15) days after the discovery of the 

nonconformity. Company will investigate and, in the event of a breach of 

warranty, will provide within a reasonable time and at Company sole option 

one of the following: (a) use commercially reasonable efforts to correct any 

reproducible error in the Product constituting a breach of the warranty at 

no additional charge, or (b) replacement of any nonconforming Product with 

conforming Product. THE REMEDY SELECTED BY COMPANY IN ACCORDANCE WITH THIS 

PARAGRAPH SHALL BE YOUR EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF 

WARRANTY.

6.3. NO OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 6.1, 

COMPANY DOES NOT WARRANT THAT YOUR USE OF THE PRODUCT WILL BE FREE OF 

DEFECT, STABLE, ERROR-FREE OR UNINTERRUPTED AND THE PRODUCT IS PROVIDED TO 

YOU ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, 

WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR 

STATUTORY AND WHETHER ARISING OUT OF A COURSE OF DEALING, COURSE OF 

PERFORMANCE OR USAGE OF TRADE. COMPANY EXPRESSLY DISCLAIMS, WITHOUT 

LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, 

MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE AND FITNESS FOR A PARTICULAR 

PURPOSE OR USE.

7. INDEMNIFICATION

7.1. IP Infringement Indemnification. Expressly subject to Section 9.1, 

and except as to any Trial Edition and Community Edition licenses, 

Company agrees to defend You and Your directors, shareholders, officers and 

employees, in any claim, action or suit brought or threatened and based on 

an allegation that the Product infringes a US, Canadian or European Union 

copyright, trade secret or validly issued patent right of a third party 

(that is not affiliated with You), including reasonable attorneys' fees. 

Company will also pay all damages finally awarded therein against You or 

settlement agreed upon with Company. You shall promptly notify Company of 

such action and give Company authority, information, and assistance (at 

Company's expense) for the defense of such suit or proceeding and Company 

shall have sole control of the defense or settlement of any claim or suit. 

Company shall have no liability or obligation hereunder for any 

infringement based on or resulting from (a) the combination or use of the 

Product with other programs, components or products to the extent arising 

from the combination or use, if the infringement would not have occurred 

but for the combination; (b) any modification of the Product by anyone 

other than Company or a party acting on its behalf, (c) the use of other 

than the most recent version of the Product if the infringement or claim 

would have been avoided by use of the most recent version; or (d) use of 

the Product in any way not contemplated under this EULA. Notwithstanding 

the foregoing, if any Product becomes, or in Company’s opinion is likely 

to become, the subject of a claim of infringement, Company will, at its 

option: (1) procure for You the right to continue using the Product; (2) 

replace the Product with a non-infringing product substantially complying 

with the Product's specifications; or (3) modify the Product so it becomes 

non-infringing and performs in a substantially similar manner to the 

original Product. Upon failure of the foregoing, at Company’s option, it may 

require You to cease any infringing use of the Product and Licensor or its 

agents will refund the fees paid Licensor for the infringing product, less 

a reasonable allowance for use. YOUR SOLE AND EXCLUSIVE REMEDIES AND 

COMPANY'S SOLE AND EXCLUSIVE LIABILITIES FOR INTELLECTUAL PROPERTY 

INFRINGEMENT CLAIMS ARE SET FORTH IN THIS SECTION.

8. TERMINATION

8.1. Termination. Company may terminate this EULA immediately and without 

notice if You fail to comply with any term of this EULA.  You may terminate 

this EULA immediately and by destroying the Product together with all copies, 

modifications, and merged portions thereof in any form. Either party shall 

have the right to terminate this EULA as to any Trial Edition licenses for 

any reason at any time. Either party shall have the right to terminate this 

EULA in the event the other party (i) terminates or suspends its business, 

(ii) becomes subject to any bankruptcy or insolvency proceeding under 

Federal or state statute, (iii) becomes insolvent or subject to direct 

ontrol by a trustee, receiver or similar authority, or (iv) has wound up or 

liquidated,  voluntarily or otherwise.

8.2. Effect of Termination. In the event of termination, You must destroy 

all copies of the Product. The parties' rights and obligations which, by 

their nature, would continue beyond the termination of this EULA, including 

but not limited to those rights and obligations of the parties set forth in 

Sections 1 (Definitions), 2.5, 2.6, 2.7, 2.8, 3 (Fees), 4.2, 5 (Ownership; 

Confidentiality), 6.3, 8 (Termination), 9 (Limitations of Liability) and 10 

(General) will survive such termination, cancellation or expiration.

9. LIMITATIONS OF LIABILITY

9.1. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS 

ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL COMPANY, ITS LICENSORS OR 

RESELLERS, OR THE THIRD PARTY VENDORS BE LIABLE TO YOU OR TO ANY THIRD PARTY 

FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, INTERRUPTION OF BUSINESS, OR 

OTHER SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR 

CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS EULA OR THE USE OR 

INABILITY TO USE THE PRODUCT OR ANY DOCUMENTATION SUPPLIED THEREWITH, EVEN 

IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND 

WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. IN NO EVENT WILL 

COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS EULA OR THE 

PRODUCT EXCEED THE GREATER OF THE FEES ACTUALLY RECEIVED BY COMPANY FROM YOU 

FOR THE PRODUCT AT ISSUE OR TEN DOLLARS ($10). THE EXISTENCE OF ONE OR MORE 

CLAIMS WILL NOT ENLARGE THIS LIMIT. THIS SECTION 9.1 DOES NOT LIMIT ANY 

LIABILITY FOR BODILY INJURY OF A PERSON, DEATH, OR PHYSICAL DAMAGE TO 

PROPERTY OR FOR FRAUDULENT MISREPRESENTATION.

9.2. Disclaimer of Tort Liability. The foregoing warranties and remedies are 

EXCLUSIVE, and You waive and release all other warranties, obligations, and 

liabilities of Us and all other remedies, claims, and rights that You may 

have relating in any way to the Product covered by this EULA, whether 

arising from contract, warranty, strict liability or tort or from Company's 

negligence, tort, or other fault, including claims for loss of or damage to 

the Product.

9.3 Basis of Bargain. The warranty disclaimer and limitation of liability 

set forth above are fundamental elements of the basis of this agreement. 

Company would not be able to provide the Product on an economic basis 

without such limitations. The warranty disclaimer and limitation of 

liability inure to the benefit of Company’s distributors, resellers and 

suppliers.

10. GENERAL

10.1. Entire Agreement. This EULA constitutes the entire and only agreement 

between the parties for Product and all other prior negotiations, 

representations, agreements, and understandings are superseded hereby. 

No agreements altering or supplementing the terms hereof may be made except 

by means of a written document signed by the duly authorized representatives 

of the parties.

10.2. Waiver and Modification. No failure of either party to exercise or 

enforce any of its rights under this EULA will act as a waiver of those 

rights. This EULA may only be modified, or any rights under it waived, by a 

written document executed by the party against which it is asserted.

10.3. Severability. If any provision of this EULA is found illegal or 

unenforceable, it will be enforced to the maximum extent permissible, and 

the legality and enforceability of the other provisions of this EULA will 

not be affected.

10.4. United States Government End Users. For any Product licensed directly 

or indirectly on behalf of a unit or agency of the United States Government, 

this paragraph applies. Company's proprietary software embodied in the 

Product: (a) was developed at private expense and is in all respects 

Company's proprietary information; (b) was not developed with government 

funds; (c) is Company's trade secret for all purposes of the Freedom of 

Information Act; (d) is a commercial item and thus, pursuant to Section 

12.212 of the Federal Acquisition Regulations (FAR) and DFAR Supplement 

Section 227.7202, Government's use, duplication or disclosure of such 

software is subject to the restrictions set forth by the Company.

10.5. Attorneys’ Fees. In the event of any arbitration or legal proceeding 

arising out of or relating to this EULA, the arbitrator or court in such 

proceeding shall have discretion to award the prevailing party's reasonable 

and actually incurred attorneys' fees and costs in such action or 

proceeding, including the costs of enforcement of any judgment.

10.6. Publicity. You grant Company the right to use Your name and logo and 

to otherwise refer to You as a customer in promotional material (including, 

but not limited to, on the Site and in case studies, advertising, press and 

similar public disclosures in any medium or format) relating to the Company 

and Product. You, in Your sole discretion, can revoke this right by 

submitting a written request via email to marketing@nexenta.com, 

<mailto:marketing@nexenta.com> requesting to be excluded from certain or all 

such promotional materials (which shall be effective within 30 days) and 

Company shall make no further reference to You.

10.7. Export Restrictions. You may not export or re-export the Product 

except in compliance with the United States Export Administration Act and 

the related rules and regulations and similar non-U.S. government 

restrictions, if applicable.

10.8. Disputes. This EULA shall be governed, construed and enforced in 

accordance with the laws of the United States of America and of the State 

of California. All disputes arising out of or relating to this EULA will be 

exclusively resolved in accordance with the Commercial Arbitration Rules of 

the American Arbitration Association (the "AAA Rules") under confidential 

binding arbitration held in Santa Clara County, California.  To the fullest 

extent permitted by applicable law, no arbitration under this EULA will be 

joined to an arbitration involving any other party subject to this EULA, 

whether through class arbitration proceedings or otherwise.  Any litigation 

relating to this EULA shall be subject to the jurisdiction of the Federal 

Courts of the Northern District of California and the state courts of the 

State of California, with venue lying in Santa Clara County, California. 

The cost and expense of arbitration will initially be shared equally by the 

parties to the arbitration, subject to an award to the prevailing party 

pursuant to Section 10.5. The decision or award of the arbitrator will be 

final and binding upon the parties, and to the same extent and to the same 

degree as if the matter had been adjudicated by a court of competent 

jurisdiction and will be enforceable under the Federal Arbitration Act.

10.9. Assignment. You shall not assign or otherwise transfer the Product or

 this EULA, or any rights or duties hereunder, to anyone, including any 

 parent, subsidiaries, affiliated entities or third parties, without 

 Company's prior written consent, which consent shall not be unreasonably 

 withheld. For the purposes of this Section, if You are not a publicly 

 traded company, a change in the persons or entities that control fifty 

 percent (50%) or more of Your equity securities or voting interest shall 

 be considered an assignment. Company shall have the right to assign this 

 EULA or delegate its duties hereunder.

10.10. English Language. This EULA has been prepared in the English 

Language and the English language shall control its interpretation.

10.11.  Limitation on Actions. Any cause of action by You against Company 

with respect to this EULA must be commenced within one (1) year after the 

discovery thereof or it shall be barred.

10.21. Force Majeure. Except for the parties' obligations to make payments 

hereunder, neither party shall be responsible for delay or failure in 

performance caused by any government act, law, regulation, order or decree, 

by communication line or power failures beyond its control, or by fire, 

flood or other natural disasters or by other causes beyond its reasonable 

control, nor shall any such delay or failure be considered to be a breach of 

this EULA.



If You have any questions about this EULA or Product, or if You want to 

contact Company for any reason, please email sales@nexenta.com. 

<mailto:sales@nexenta.com>

Nexenta EULA Version 4.1; Last updated: October 10, 2014

Nexenta End User License Agreement © 2015 Nexenta Systems, Inc. All rights 

reserved. Nexenta is a registered trademark of Nexenta Systems, Inc. in the 

US and other countries.