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Platform-specific enterprise subscriptions (such as those designated for IGX, DGX Spark, or RTX PRO Server) are restricted to use on the designated platform only; if used outside that platform, NVIDIA or an authorized reseller may invoice the customer for the fee difference between the platform-specific and full unrestricted subscription.
This analysis describes what NVIDIA NIM's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes a financial true-up mechanism that permits NVIDIA or its resellers to issue additional invoices if a platform-restricted license is deployed outside its designated platform. Enterprise customers managing multi-platform environments should ensure license assignment is accurately tracked to avoid unexpected fee exposure.
Under this clause, customers who purchase a platform-restricted subscription and deploy the Software outside the designated platform may receive an invoice from NVIDIA or an authorized reseller for the fee difference, creating potential unplanned financial liability for enterprise deployments.
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"NVIDIA may offer Enterprise Product Subscriptions at different prices and terms solely for use on designated platforms, such as IGX, DGX Spark, or RTX PRO Server. If you obtain a Subscription specifically for one of these platforms, your license is restricted to use solely on that particular platform, NVIDIA or an authorized reseller or distributor may invoice you for the difference in fees for a full, unrestricted Enterprise Products Subscription.Excerpt from NVIDIA NIM's NVIDIA AI Foundation Models AUP
(1) REGULATORY LANDSCAPE: This provision functions as a contractual fee adjustment mechanism and does not directly engage privacy or data protection frameworks. However, the invoicing authority granted to authorized resellers as well as NVIDIA may create indirect obligations under applicable commercial law regarding invoice dispute rights, which vary by jurisdiction. (2) GOVERNANCE EXPOSURE: Medium. The clause does not specify a cure period, notice requirement, or audit mechanism before a true-up invoice is issued, creating uncertainty about the procedural steps NVIDIA or resellers would take prior to invoicing. Enterprise finance and procurement teams should evaluate whether their existing contract terms with NVIDIA or resellers provide additional procedural protections. (3) JURISDICTION FLAGS: Enterprise customers in jurisdictions with strong commercial law protections (EU member states, UK) may have statutory rights to dispute invoices or receive advance notice of fee adjustments that supplement or modify how this clause operates in practice. The provision as written does not include a notice or cure period, which may face challenge in certain jurisdictions. (4) CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should ensure that software asset management systems track the designated platform for each platform-specific subscription. Reseller agreements should be reviewed to confirm the scope of the reseller's authority to issue true-up invoices independently of NVIDIA, as the clause grants this right to both NVIDIA and authorized resellers. (5) COMPLIANCE CONSIDERATIONS: Finance and procurement teams should establish controls to prevent cross-platform deployment of platform-restricted licenses. Any discovery of out-of-scope deployment should be remediated promptly, as the clause does not specify a grace period before invoicing is triggered.
This provision establishes a financial true-up mechanism that permits NVIDIA or its resellers to issue additional invoices if a platform-restricted license is deployed outside its designated platform. Enterprise customers managing multi-platform environments should ensure license assignment is accurately tracked to avoid unexpected fee exposure.
Under this clause, customers who purchase a platform-restricted subscription and deploy the Software outside the designated platform may receive an invoice from NVIDIA or an authorized reseller for the fee difference, creating potential unplanned financial liability for enterprise deployments.
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