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You hereby agree and acknowledge that the Software may access, collect non-personally identifiable information about,
update, and configure your Enterprise computer systems in order to (a) properly optimize such systems for use with the
Software, (b) deliver software and services, or content through the Software, (c) optimize, maintain, repair and/or
administer NVIDIA products and services, and/or (d) deliver marketing communications. Information collected by the
Software includes, but is not limited to, Customer System's (i) hardware configuration and ID, (ii) operating system and
driver configuration, (iii) installed applications, (iv)
applications settings, performance, and usage metrics, and (iv) usage
metrics of the
Software. To the extent that you use the Software, you hereby consent to all of the foregoing, and
represent
and warrant that you have the right to grant such consent. In addition, you agree that
you are solely responsible for
maintaining appropriate data backups and system restore points for
your Enterprise systems, and that NVIDIA will have
no responsibility for any damage or loss to
such systems (including loss of data or access) arising from or relating to (a)
any changes to the
configuration, application settings, environment variables, registry, drivers, BIOS, or other
attributes
of the systems (or any part of such systems) initiated through the Software; or (b)
installation of any Software or third
party software patches initiated through the Software.
In connection with the receipt of the Licensed Software you may receive access to links to third party websites and
services and the availability of those links does not imply any endorsement by NVIDIA. NVIDIA encourages you to review
the privacy statements on those sites and services that you choose to visit so that you can understand how they may
collect, use and share personal information of individuals. NVIDIA is not responsible or liable for: (i) the availability or
accuracy of such links; or (ii) the products, services or information available on or through such links; or (iii) the privacy
statements or practices of sites and services controlled by other companies or organizations.
To the extent that you or members of your Enterprise provide to NVIDIA during registration or otherwise personal
information, you acknowledge that such information will be collected, used and disclosed by NVIDIA in accordance with
NVIDIA's privacy policy, available at URL http://www.nvidia.com/object/privacy_policy.html.
10. MISCELLANEOUS.
10.1 Compliance with Terms. During the term of this EULA and for a period of three (3) years thereafter, you will
maintain all usual and proper books and records of account relating to the Licensed Software provided under this
EULA and to cooperate with your cloud service provider or its Affiliates to verify your compliance with the terms of
this EULA. You further agree that your cloud service provider or its Affiliates and NVIDIA may exchange information
regarding your use of the Licensed Software and your compliance with the terms of this EULA.
10.2 Indemnity. You agree to defend, indemnify and hold harmless NVIDIA and its Affiliates, and their respective
employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, fines, restitutions and expenses (including but not limited to attorney’s fees and costs
incident to establishing the right of indemnification) arising out of or related to you and your Enterprise, and their
respective employees, contractors, agents, distributors, resellers, end users, officers and directors use of Licensed
Software outside of the scope of this EULA or any other breach of the terms of this EULA to the restrictions set forth
in this EULA pursuant to DFARS 227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2) of the Commercial
Computer Software - Restricted Rights clause at FAR 52.227-19, as applicable. Contractor/manufacturer is NVIDIA,
2701 San Tomas Expressway, Santa Clara, CA 95050.