Get the weekly research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean. No account.
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.
Establishes confidentiality obligations that survive termination indefinitely, protecting information beyond agreement lifecycle.
View full change record →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
See how other platforms handle Confidentiality Obligations and Survival Period and similar clauses.
Compare across platforms →Monitoring
NVIDIA NIM has changed this document before.
Receive same-day alerts, structured change summaries, and monitoring for up to 20 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. The return-or-destroy obligation may also interact with document retention requirements under applicable law, including financial services and healthcare regulations that mandate minimum retention periods. 2) GOVERNANCE EXPOSURE: Medium. The five-year survival period measured from each individual disclosure event rather than from a single termination date creates a potentially extended and administratively complex compliance obligation. Enterprise customers must track disclosure dates for individual items of Confidential Information to determine when their protection obligations expire. 3) JURISDICTION FLAGS: GDPR-subject customers in the EU must ensure that confidentiality protections for Confidential Information that includes personal data are compatible with data subject rights and statutory retention limitations. The return-or-destroy obligation may conflict with mandatory legal hold or regulatory retention requirements in specific sectors. 4) CONTRACT AND VENDOR IMPLICATIONS: Information security and records management teams should assess whether existing document classification and retention policies can accommodate a rolling five-year confidentiality obligation measured from individual disclosure dates. The archival exception for document retention policy compliance or legal requirements provides some operational flexibility but requires adequate documentation. 5) COMPLIANCE CONSIDERATIONS: Legal teams should establish a process for tracking NVIDIA Confidential Information disclosures and associated expiration dates, and assess whether the reasonable degree of care standard meets applicable regulatory information security requirements in relevant sectors. Upon agreement termination, the return-or-destroy process should be documented to demonstrate compliance with the Agreement's requirements.
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.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by NVIDIA NIM.