The agreement requires Customer to establish enforceable agreements with Customer End Users that are at least as protective as the NVIDIA agreement, including with respect to grants, restrictions, and intellectual property ownership. Customer must update these End User agreements whenever NVIDIA issues an Updated Agreement.
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 creates a downstream contracting obligation for enterprise customers who distribute Customer Products to end users, requiring them to maintain End User agreement terms that meet NVIDIA's minimum standards and to propagate agreement updates on an ongoing basis.
Under this clause, enterprise customers who make NVIDIA-powered products available to end users must ensure their End User agreements include terms at least as protective as the NVIDIA agreement, and must update those agreements whenever NVIDIA updates its own terms.
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Compare across platforms →"Customer must enter into enforceable agreements with Customer End Users that are at least as protective as the terms of the Agreement (including, but not limited to, terms relating to the grants, restrictions and ownership of intellectual property). NVIDIA reserves the right to update the Agreement from time to time (an updated version being referred to as "Updated Agreement"). Upon notification of an Updated Agreement, which may be in the form of electronic acceptance by Customer of an Updated Agreement, Customer agrees to review the Updated Agreement and as appropriate update the terms it presents to Customer End Users on a going forward basis.Excerpt from NVIDIA NIM's Terms of Use
1) REGULATORY LANDSCAPE: This provision may engage GDPR where End User agreements govern data processing activities involving personal data, as updates to data processing terms may require updated data subject notices or consent mechanisms.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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This provision creates a downstream contracting obligation for enterprise customers who distribute Customer Products to end users, requiring them to maintain End User agreement terms that meet NVIDIA's minimum standards and to propagate agreement updates on an ongoing basis.
Under this clause, enterprise customers who make NVIDIA-powered products available to end users must ensure their End User agreements include terms at least as protective as the NVIDIA agreement, and must update those agreements whenever NVIDIA updates its own terms.
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