“EXCEPT AS PROVIDED IN SECTION 14.2.3, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR (II) DAMAGES FOR THE (A) COST OF PROCURING SUBSTITUTE GOODS, OR (B) LOST PROFITS, REVENUE, USE, DATA OR GOODWILL...”
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 exclusion eliminates the categories of damages most likely to represent a customer's actual loss—lost profits, lost data, and goodwill—limiting any claim to direct damages only, to the maximum extent the law allows.
Interpretive note: The excerpt ends with an ellipsis. The full clause may contain exceptions or conditions (e.g., gross negligence, willful misconduct) that qualify the exclusion. Only what is present in the excerpt is addressed.
If you suffer losses related to NVIDIA NIM—such as lost profits, lost data, or the cost of obtaining a substitute product—those categories of damages are excluded from recovery to the maximum extent permitted by law.
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"EXCEPT AS PROVIDED IN SECTION 14.2.3, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR (II) DAMAGES FOR THE (A) COST OF PROCURING SUBSTITUTE GOODS, OR (B) LOST PROFITS, REVENUE, USE, DATA OR GOODWILL...Excerpt from NVIDIA NIM's NVIDIA Software License Agreement
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This exclusion eliminates the categories of damages most likely to represent a customer's actual loss—lost profits, lost data, and goodwill—limiting any claim to direct damages only, to the maximum extent the law allows.
If you suffer losses related to NVIDIA NIM—such as lost profits, lost data, or the cost of obtaining a substitute product—those categories of damages are excluded from recovery to the maximum extent permitted by law.
ConductAtlas has identified this type of provision across 280 platforms. See the full comparison.
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