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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.
Restricts customer ability to publicly share performance data and competitive analysis, limiting transparency and market information.
View full change record →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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"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. The EU AI Act requires transparency about AI system performance in certain deployment contexts, which may create tension with a contractual prohibition on disclosing performance data without NVIDIA's permission. In the U.S., the FTC has previously reviewed NDA and non-disclosure provisions that restrict competitive information flow. 2) GOVERNANCE EXPOSURE: Medium. Enterprise customers in regulated industries or those subject to public procurement transparency obligations may face conflicts between this contractual restriction and applicable disclosure requirements. The exception referenced in the external PDF document is not reproduced in the agreement text itself, creating a dependency on an external document for the full scope of the restriction. 3) JURISDICTION FLAGS: EU-based customers subject to the EU AI Act's transparency and reporting requirements may face heightened exposure if performance data about deployed AI systems is classified as benchmarking data under this clause. Public sector customers subject to procurement transparency rules may also need to assess compatibility. 4) CONTRACT AND VENDOR IMPLICATIONS: Vendor management and procurement teams should review whether internal procurement reporting, RFP responses, or competitive sourcing processes involve distribution of NVIDIA performance data to third parties. The clause requires written permission from NVIDIA before any such disclosure, which may create operational delays in procurement workflows. 5) COMPLIANCE CONSIDERATIONS: Legal teams should review the external document at the referenced URL to confirm the full scope of the exception, and assess whether any ongoing or planned external reporting activities involve NVIDIA performance data. For customers subject to EU AI Act transparency obligations, legal counsel should evaluate whether the contractual restriction and the regulatory disclosure obligation can be reconciled.
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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