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NVIDIA may update the agreement at any time, with notification potentially taking the form of electronic acceptance. Upon notification, Customer is required to review the updated terms and update Customer End User agreements accordingly.
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 establishes a continuous contract governance obligation for enterprise customers: each time NVIDIA issues an Updated Agreement, Customer must review the new terms and update the agreements it presents to Customer End Users, creating an ongoing compliance workflow tied to NVIDIA's unilateral update schedule.
Interpretive note: The clause does not specify the notice period before updated terms take effect or whether Customer retains a termination right without penalty upon receiving a materially adverse Updated Agreement.
Allows NVIDIA to unilaterally modify agreement terms with minimal notice, requiring customers to cascade updates to their end users.
View full change record →Under this clause, the terms governing Customer's use of NVIDIA Software Offerings may change at NVIDIA's discretion, with electronic notification serving as the update mechanism; Customer is then required to propagate relevant changes to its own Customer End User agreements.
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"NVIDIA reserves the right to update the Agreement from time to time (an updated version being referred to as "Updated Agreement"). Upon notification of an Updated Agreement, which may be in the form of electronic acceptance by Customer of an Updated Agreement, Customer agrees to review the Updated Agreement and as appropriate update the terms it presents to Customer End Users on a going forward basis.Excerpt from NVIDIA NIM's Terms of Use
1) REGULATORY LANDSCAPE: Unilateral amendment clauses in standard-form commercial contracts may engage EU Directive 93/13/EEC on unfair contract terms where applicable to the commercial relationship, and may interact with GDPR where updated terms affect data processing practices. In California, unilateral amendment clauses are generally enforceable in B2B contracts but may require adequate notice. The FTC Act may be relevant if material changes are not adequately disclosed. 2) GOVERNANCE EXPOSURE: High. The combination of NVIDIA's right to update terms unilaterally and the Customer's downstream obligation to update Customer End User agreements creates a compounding compliance dependency. Enterprise legal teams must monitor NVIDIA agreement updates and operationalize corresponding changes to their own end-user-facing agreements, potentially without a defined response window. 3) JURISDICTION FLAGS: EU-based enterprise customers operating under GDPR face heightened exposure if NVIDIA updates affect data processing terms, as any material change to data processing scope may require updated data subject notices or consent mechanisms. The clause does not specify a minimum notice period before updated terms take effect, which may create tensions with EU contract law and GDPR notification requirements. 4) CONTRACT AND VENDOR IMPLICATIONS: Procurement and legal teams should establish a monitoring process for NVIDIA agreement updates and a defined internal workflow for assessing the impact of each update on Customer End User agreements. The clause does not specify whether Customer has a right to terminate without penalty if an Updated Agreement materially changes the commercial terms. 5) COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether the current Customer End User agreement update process can operationally accommodate NVIDIA's update cadence. Where NVIDIA updates affect AI ethics, data handling, or export control terms, regulatory notification or consent mechanism review may be required in affected jurisdictions.
This provision establishes a continuous contract governance obligation for enterprise customers: each time NVIDIA issues an Updated Agreement, Customer must review the new terms and update the agreements it presents to Customer End Users, creating an ongoing compliance workflow tied to NVIDIA's unilateral update schedule.
Under this clause, the terms governing Customer's use of NVIDIA Software Offerings may change at NVIDIA's discretion, with electronic notification serving as the update mechanism; Customer is then required to propagate relevant changes to its own Customer End User agreements.
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