Nvidia Grid Software End-User License Agreement

You agree and acknowledge that the Software may access, collect, update, and configure non-personal data through your corporate computer systems to (a) properly optimize such usage systems with the Software, (b) provide software and services or content through the Software, (c) optimize, maintain, repair, and/or manage NVIDIA products and services; and/or (d) provide marketing notices. The information collected by the software includes, but is not limited to, (i) the configuration and hardware id of the client system, (ii) the configuration of the operating system and driver, (iii) installed applications, iv) application settings, performance and usage of the software, and (iv) software usage metrics. To the extent you use the Software, you agree to the foregoing and represent and warrant that you have the right to give such consent. In addition, you agree that you are solely responsible for maintaining appropriate backups and data recovery points for your corporate systems and that NVIDIA assumes no responsibility for any damage or loss to such systems (including data loss or access) resulting from or in connection with (a) configuration changes, application settings, environment variables, registration, driver, BIOS or other attributes of the systems (or part therefly) initiated by the software; or (b) the installation of third-party software or hotfixes initiated by the software. This AESE and your license rights will be effective on the effective date and will remain in effect for the term of your licenses, unless terminated earlier as described in this section. This EUA may be terminated after written notification in the event of non-compliance with any of the conditions of this ITA. Termination of this EUSA shall not exempt the parties from any liability that has already been incurred at the time of termination or that may subsequently result from an act or omission prior to termination, or from any obligation expressly set forth in this ITA to extend termination. Notwithstanding the foregoing, the party terminating this ITA shall not be liable to be created any additional liability solely on the basis of such termination. The termination of this SEA, regardless of the reason or nature, does not affect any other right or remedy of the parties and is not liable for any loss or damage it entails. Upon expiration or termination of euLA (i), you must immediately cease use of the Licensed Software and (ii) immediately destroy or return to NVIDIA all copies of the Licensed Software and all parties that are in your possession or control, and each party shall immediately have any confidential information of the other party, which are in their possession or control, destroy or return to the other party.. . . .