The agreement prohibits Customer from sharing benchmarking, competitive analysis, regression, or performance data about NVIDIA Software with third parties without prior written permission from NVIDIA, with a limited exception described in a referenced external document.
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 restricts Customer's ability to publish or share performance evaluation data about NVIDIA Software Offerings, which may affect internal procurement reporting, third-party vendor assessments, academic research, and public disclosures about AI system performance.
Interpretive note: The scope of the exception is defined in an external document referenced by URL, which is not reproduced in the agreement text; the full permissible scope of benchmarking disclosure cannot be assessed from the agreement alone.
Under this clause, enterprise customers who conduct performance testing or competitive analysis of NVIDIA Software may not share those results externally without first obtaining NVIDIA's written permission, subject to the exception described at the referenced URL.
Cross-platform context
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Compare across platforms →"Customer may not distribute or disclose to third parties the results of benchmarking, competitive analysis, regression or performance data relating to the Software without the prior written permission from NVIDIA, except as described at https://docs.nvidia.com/nvidia-containers-benchmarking.pdf.Excerpt from NVIDIA NIM's Terms of Use
1) REGULATORY LANDSCAPE: Benchmarking non-disclosure clauses may interact with EU competition law, particularly where they restrict the ability of enterprise customers to share performance data relevant to market competition assessments.
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This provision restricts Customer's ability to publish or share performance evaluation data about NVIDIA Software Offerings, which may affect internal procurement reporting, third-party vendor assessments, academic research, and public disclosures about AI system performance.
Under this clause, enterprise customers who conduct performance testing or competitive analysis of NVIDIA Software may not share those results externally without first obtaining NVIDIA's written permission, subject to the exception described at the referenced URL.
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