Each party represents that it has not and will not violate any applicable laws in relation to the Promotion. Further, each party represents and warrants that it has not and will not violate any applicable anti-corruption law, including the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act, in relation to the Promotion. Customer represents and warrants that no entity has offered or provided anything of value to Customer’s employees to improperly influence this deal. Customer shall not accept bribes or kickbacks in any form.
Each party represents and warrants that it has not and will not violate any applicable trade sanctions and import/export control laws and regulations of any country in relation to this promotion. Any imposition of sanctions or export controls that prevents Nutanix from performing under the terms of this promotion shall be considered Force Majeure.
The Nutanix Privacy Statement can be viewed at: https://www.nutanix.com/legal/privacy-statement. The statement describes the information that we gather from you in connection with our offerings, how we use and disclose such information, the steps we take to protect such information, and how you can exercise your data protection rights.
By your participation in the Promotion, and by your acceptance of any funds, gifts, gratuities, rebates, prizes or any item of value commensurate with this promotion, you represent, warrant and affirm to Nutanix that neither your organization or any person employed therewith is now or at any other applicable time engaged with the Nutanix end user customer in any type of consultative, fiduciary or advisory capacity concerning technology procurement, and further, neither your organization or any individual employed therewith has or shall at any applicable time received or will receive any monetary or other form of compensation from the Nutanix end user in exchange for any such aforementioned activity. You agree to fully indemnify and defend Nutanix, its agents, employees, officers and directors, against any and all claims, suits, expenses, fees, fines, liens or costs that any such person may incur as a result of any violation of this provision.
Nutanix shall not be liable for any loss of profits or for special, consequential, incidental, indirect, reliance, punitive or exemplary damages, either in contract or tort, whether or not the possibility of such damages was disclosed to or could have been reasonably foreseen by Nutanix.
Any delay or omission by Nutanix in enforcing its rights under or fulfilling any Promotion requirements shall not be interpreted as a waiver of such right or requirement. Nutanix will not be liable for performance delays or for nonperformance due to causes beyond our reasonable control.
Each party is responsible for its own respective income taxes or taxes based upon gross revenues, including, but not limited to, business and occupation taxes.
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