“EACH PARTY'S CUMULATIVE, AGGREGATE LIABILITY FOR ANY AND ALL LIABILITIES, OBLIGATIONS OR CLAIMS ARISING OUT OF OR RELATED TO (I) ENTERPRISE PRODUCTS WILL NOT EXCEED THE NET AMOUNT NVIDIA WAS PAID FOR THE ENTERPRISE PRODUCTS GIVING RISE TO THE CLAIM IN THE TWELVE (12-)MONTH PERIOD BEFORE THE EVENT GIVING RISE TO THE LIABILITY...”
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This cap defines the maximum financial exposure both parties face for Enterprise Product claims, limiting recovery to a backward-looking twelve-month fee amount regardless of actual harm.
Interpretive note: The excerpt ends with an ellipsis, indicating the full clause contains additional provisions not available for analysis. Only the Enterprise Products liability cap is addressed here.
If you have a claim related to Enterprise Products, the maximum total amount you can recover is capped at the net fees NVIDIA was paid for those Enterprise Products in the twelve months before the event giving rise to your claim.
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"EACH PARTY'S CUMULATIVE, AGGREGATE LIABILITY FOR ANY AND ALL LIABILITIES, OBLIGATIONS OR CLAIMS ARISING OUT OF OR RELATED TO (I) ENTERPRISE PRODUCTS WILL NOT EXCEED THE NET AMOUNT NVIDIA WAS PAID FOR THE ENTERPRISE PRODUCTS GIVING RISE TO THE CLAIM IN THE TWELVE (12-)MONTH PERIOD BEFORE THE EVENT GIVING RISE TO THE LIABILITY...Excerpt from NVIDIA NIM's NVIDIA Software License Agreement
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This cap defines the maximum financial exposure both parties face for Enterprise Product claims, limiting recovery to a backward-looking twelve-month fee amount regardless of actual harm.
If you have a claim related to Enterprise Products, the maximum total amount you can recover is capped at the net fees NVIDIA was paid for those Enterprise Products in the twelve months before the event giving rise to your claim.
ConductAtlas has identified this type of provision across 280 platforms. See the full comparison.
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