Provision record
NVIDIA NIM · NVIDIA NIM Terms of Use · View original document ↗

Benchmarking Non-Disclosure Restriction

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Document Record

What it is

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

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.

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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.

Consumer impact (what this means for users)

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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▸ View Original Clause Language DOCUMENT RECORD
"
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

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

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.

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →

Provision details

Document information
Document
NVIDIA NIM Terms of Use
Entity
NVIDIA NIM
Document last updated
May 12, 2026
Tracking information
First tracked
July 9, 2026
Last verified
July 9, 2026
Record ID
CA-P-013826
Document ID
CA-D-00808
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
9485520faf348f789603a14fd677d42b257ba09fee8a8e671dba65d02d7239bf
Analysis generated
July 9, 2026 04:03 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: NVIDIA NIM
Document: NVIDIA NIM Terms of Use
Record ID: CA-P-013826
Captured: 2026-07-09 04:03:56 UTC
SHA-256: 9485520faf348f78…
URL: https://conductatlas.com/platform/nvidia-nim/nvidia-nim-terms-of-use/provision/CA-P-013826/benchmarking-non-disclosure-restriction/
Accessed: Sept. 26, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does NVIDIA NIM's Benchmarking Non-Disclosure Restriction clause do?

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.

How does this clause affect you?

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.

Is ConductAtlas affiliated with NVIDIA NIM?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by NVIDIA NIM.