Disputes about this agreement are governed by Delaware law and must be brought in courts in Santa Clara County, California.
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
The agreement requires that legal disputes be resolved in Santa Clara County, California, which may be geographically and financially impractical for international or non-California-based licensees.
Interpretive note: Enforceability of the exclusive Santa Clara County forum selection clause against EU/EEA-based licensees is uncertain under Brussels I Recast and national procedural law frameworks.
Removal of explicit governing law and jurisdiction clause may indicate relocation to different section or different dispute resolution framework.
View full change record →Organizations outside California that have disputes with NVIDIA under this agreement are required by the terms to litigate in Santa Clara County courts, which may create practical barriers to dispute resolution for international or geographically distant licensees.
How other platforms handle this
In the EU and EEA, the choice of Texas governing law shall not apply only where a mandatory consumer protection law explicitly prohibits such choice of law provisions.
For any claims that are not subject to arbitration...U.S. Residents: Delaware law; venue exclusively in the state or federal courts in New Castle County, Delaware
These Terms are governed by the laws of the State of California and the United States without regard to conflicts of laws provisions
"This Agreement shall be governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Any dispute arising under this Agreement shall be subject to the exclusive jurisdiction of the courts located in Santa Clara County, California.Excerpt from NVIDIA NIM's Terms of Use
REGULATORY LANDSCAPE: Mandatory forum selection clauses are generally enforceable in U.S.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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The agreement requires that legal disputes be resolved in Santa Clara County, California, which may be geographically and financially impractical for international or non-California-based licensees.
Organizations outside California that have disputes with NVIDIA under this agreement are required by the terms to litigate in Santa Clara County courts, which may create practical barriers to dispute resolution for international or geographically distant licensees.
ConductAtlas has identified this type of provision across 267 platforms. See the full comparison.
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