The agreement establishes mutual confidentiality obligations requiring each party to protect the other's Confidential Information with at least a reasonable degree of care, with obligations surviving termination for five years from the date of each disclosure.
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 five-year post-termination confidentiality survival period creates an ongoing operational obligation for enterprise customers to maintain information security controls and document retention policies covering NVIDIA Confidential Information for five years after each disclosure event, which may extend well beyond the end of the license term.
Under this clause, Customer must maintain confidentiality protections for NVIDIA Confidential Information for five years from the date each item of Confidential Information was disclosed, regardless of when the agreement terminates, and must return or destroy Confidential Information upon NVIDIA's written request subject to document retention exceptions.
Cross-platform context
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Compare across platforms →"The receiving party may use the disclosing party's Confidential Information only to exercise its rights and perform its obligations under the Agreement. The receiving party will protect the Confidential Information of the disclosing party with at least the same degree of care that the receiving party uses to protect its own similar confidential and proprietary information, but no less than a reasonable degree of care. Irrespective of any expiration or termination of the Agreement, the receiving party's duty to protect the disclosing party's Confidential Information expires five (5) years after the date Confidential Information was disclosed.Excerpt from NVIDIA NIM's Terms of Use
1) REGULATORY LANDSCAPE: The confidentiality provisions interact with GDPR and applicable data protection law where Confidential Information includes personal data, as contractual confidentiality obligations must be assessed alongside statutory data protection requirements.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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The five-year post-termination confidentiality survival period creates an ongoing operational obligation for enterprise customers to maintain information security controls and document retention policies covering NVIDIA Confidential Information for five years after each disclosure event, which may extend well beyond the end of the license term.
Under this clause, Customer must maintain confidentiality protections for NVIDIA Confidential Information for five years from the date each item of Confidential Information was disclosed, regardless of when the agreement terminates, and must return or destroy Confidential Information upon NVIDIA's written request subject to document retention exceptions.
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