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
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OPENAI'S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
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"The limitations set forth in Section 14.2.1 and Section 14.2.2 will not limit either party's liability for: fraud or fraudulent misrepresentation; breaches of confidentiality obligations; violation of the obligations in Sections 1 and 8, or violation of the other party's intellectual property rights; payment obligations under the Agreement...Excerpt from NVIDIA NIM's NVIDIA Software License Agreement
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The clause states: “The limitations set forth in Section 14.2.1 and Section 14.2.2 will not limit either party's liability for: fraud or fraudulent misrepresentation; breaches of confidentiality obligations; violation of the obligations in Sections 1 and 8, or violation of the other party's intellectual property rights; payment obligations under the Agreement...”
ConductAtlas has identified this type of provision across 280 platforms. See the full comparison.
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