GeForce NOW for PC (including any associated software, materials or services), as updated by NVIDIA in its discretion from time to time (the “GFN”), is a cloud-based service that enables you to rent a virtual personal computer on a pay-as-you-go basis. Your use of GFN is governed by these terms of use and, collectively with the terms referenced herein, is referred to as the “Agreement”.
PLEASE READ THE ENTIRE AGREEMENT AND INDICATE WHETHER YOU AGREE TO ITS TERMS BY CLICKING THE ACCEPT BUTTON. THE AGREEMENT IS A CONTRACT BETWEEN YOU AND NVIDIA CORPORATION (“NVIDIA”). By registering for GFN or using GFN, you are affirming that you have read, understand, and agree to be bound by the Agreement and acknowledge that you are subject to its terms and other applicable terms and policies of NVIDIA, including the NVIDIA privacy policy (available at http://www.nvidia.com/object/privacy_policy.html), the GFN General Terms, including the NVIDIA GeForce NOW for PC machine types and GeForce NOW credit terms (available at http://nvda.co/geforcenow/credits) and the NVIDIA account terms of use (available at http://www.nvidia.com/object/nv-account.html). PLEASE ALSO NOTE THE BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER SECTION BELOW AS IT AFFECTS HOW DISPUTES WILL BE HANDLED. If you do not agree to and accept the Agreement, do not use (or register) GFN or install any associated software or materials.
THE AGREEMENT CAN BE ACCEPTED ONLY BY AN ADULT OF LEGAL AGE OF MAJORITY IN THE COUNTRY IN WHICH GFN IS USED. If you are under the legal age of majority, you must ask your parent or legal guardian to consent to the Agreement. By clicking the ACCEPT button yourself, you affirm that you have reached the legal age of majority and you accept the Agreement. You also affirm that you are accepting the Agreement on behalf of, and all legal and financial responsibility and liability for the actions of your permitted users, if applicable, and you hereby expressly ratify and confirm any acts of your permitted users of GFN.
1. THE SERVICE
a. Service Scope of Use. GFN is made available for access and use through your compatible personal computer only. Subject to your compliance with the terms specified for the use of GFN (including, but not limited to, payment of applicable fees), NVIDIA grants you a non-exclusive, revocable, non-transferable, non-sublicensable, limited license, while you remain a registered user in compliance with the Agreement, to access, view, use and display your video games or other content that you separately obtain (collectively, the “Content”) through the GFN application on your personal computer for Non-Commercial, Private Use.
As used herein, "Non-Commercial, Private Use" means a presentation of Content for which no fee or consideration of any kind (other than that which you paid NVIDIA or NVIDIA’s authorized reseller to use GFN and the Content provider to obtain the Content) is charged or received, which takes place in your private residence or, if outside your private residence (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes the right to resell or commercialize GFN to any third party, the right to use GFN in any public presentation and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged for viewing the Content on GFN, without NVIDIA’s prior permission.
GFN, including all intellectual property rights related to or incorporated in GFN, is and will remain the sole and exclusive property of NVIDIA or its licensors. Except as expressly granted in the Agreement, NVIDIA and its licensors reserve all rights, interests, and remedies in connection with GFN. You acknowledge that certain third party providers and/or licensors are intended third party beneficiaries of the Agreement with rights to enforce the Agreement against you or your permitted users. You agree to cooperate with NVIDIA and provide reasonably requested information to verify your compliance with the terms of the Agreement.
b. Service Changes. NVIDIA may change, discontinue, or depreciate any part, or all, of GFN, or change or remove features or functionality of GFN, and your continued use of GFN is deemed acceptance of such changes provided that such changes are generally applicable to GFN users.
c. Account and Password. You shall keep confidential and not share with any third person your NVIDIA account username, PIN and password. You are solely responsible for any activity (whether authorized by you or not) occurring from the use of your account, PIN or password, including the use of free or purchased GeForce NOW credits in your account. You agree to notify NVIDIA immediately of any known unauthorized use of your NVIDIA account.
d. Restrictions. You shall use GFN and your Content on GFN exclusively for authorized and legal purposes, consistent with all applicable laws, regulations and the rights of others. You shall not restrict or inhibit any other users from using and enjoying GFN, or harass other users of GFN. You acknowledge and agree that NVIDIA may, but is not obligated to, block, monitor or review communications or Content transmitted through GFN and that NVIDA shall not be responsible for the content of any such communications or transmissions.
You may not copy, sell, rent, sublicense, transfer, distribute, broadcast, modify, create derivative works, remove copyright or other proprietary notices, adapt, translate, reverse engineer, decompile, disassemble any portion of GFN, or provide any hosting services with GFN (including, without limitation, as an application services provider or service bureau, by operating hosted/virtual system environments, by hosting, time sharing or providing any other type of services by means of the internet).
You may not access or use GFN in a way intended to avoid incurring fees or exceeding usage limits or quotas.
You may not bypass, disable, or circumvent any encryption, security, digital rights management or authentication mechanism in GFN, or use GFN for any commercial or illegal purpose. You shall not use GFN or your Content on GFN to transmit any bulk unsolicited communications, to store or transmit infringing, libelous, or otherwise unlawful or tortious material, to store or transmit material in violation of third party privacy or intellectual property rights, or to store or transmit viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents or programs. You may not cheat or utilize any unauthorized robot, spider, or other program in connection with any online features of GFN. You shall not interfere with or disrupt the security, integrity or performance of GFN or of any Content, attempt to probe, scan or test the vulnerability of GFN or any Content, or collect or store any personally identifiable information from GFN from other users of GFN or Content.
Further, unless you have entered into a critical applications agreement with NVIDIA, you shall not use GFN with any system or application where the use or failure of such system or application can reasonably be expected to threaten or result in personal injury, death, or catastrophic loss including, without limitation, use in connection with any nuclear, avionics, navigation, military, medical, or life support or other life critical application (“Critical Applications”). You acknowledge that NVIDIA does not design, test, manufacture or certify GFN for use in the context of a Critical Application and NVIDIA shall not be liable to you or any third party, in whole or in part, for any claims or damages arising from such use.
e. Return Policy. Subject to the terms of the Agreement, NVIDIA does not offer returns for any GeForce NOW credits in your GFN account.
f. Recorded Content. The GFN service may enable you to record your electronic activity, including but not limited to gameplay (“Content Videos”), and upload or broadcast the Content Videos on services such as Twitch.tv and YouTube. You are solely responsible for your Content Videos and assume all risk arising from your use of third party websites, services, and networks. You represent and warrant that you are the creator and owner of any Content Videos or otherwise have sufficient rights and authority to post or publish them.
g. Third Party Technology. GFN may come bundled with, or otherwise include or be distributed with, third party software licensed by an NVIDIA supplier and/or open source software provided under an open source license (Open Source Software) (collectively, “Third Party Software”). Notwithstanding anything to the contrary herein, Third Party Software is licensed to you subject to the terms and conditions of the software license agreement accompanying such Third Party Software whether in the form of a discrete agreement, click-through license, or electronic license terms accepted at the time of installation and any additional terms or agreements provided by the third party licensor (“Third Party License Terms”). Use of the Third Party Software by you shall be governed by such Third Party License Terms, or if no Third Party License Terms apply, then the Third Party Software is provided to you as-is for use in or with GFN and not otherwise used separately.
h. Pre-Release Service. With respect to services described to be in alpha, beta or preview stage, or otherwise to include pre-release software and materials (“Pre-Release Service”) that you may access and use from time to time under the Agreement you acknowledge and agree that such Pre-Release Service (i) may not be fully functional, may contain errors or design flaws, and may have reduced or different security, privacy, accessibility, availability, and reliability standards relative to commercially provided NVIDIA services, software and materials, and (ii) use of such Pre-Release Service may result in unexpected results, loss of data, project delays or other unpredictable damage or loss. THEREFORE, A PRE-RELEASE SERVICE IS NOT INTENDED FOR USE, AND SHOULD NOT BE USED, IN PRODUCTION OR BUSINESS-CRITICAL SYSTEMS OR APPLICATIONS. NVIDIA has no obligation to make available a commercial version of any Pre-Release Service and NVIDIA has the right to abandon development of a Pre-Release Service and terminate its availability at any time (in addition to the termination rights set forth below) without liability. As with any NVIDIA software or services, it is highly recommended that you maintain full data backups when using a Pre-Release Service.
i. Indemnity. By accepting the Agreement or using GFN you agree to defend, indemnify and hold harmless NVIDIA and its affiliates and their respective officers, directors, employees and agents from and against any claims, disputes, demands, liabilities, damages, losses, costs and expenses arising out of or in any way connected with: (a) breach of the Agreement; (b) your Content on GFN or Content Videos (including, but not limited to, claims that they infringe, violate, or misappropriate any third party right or slander, defame, or libel any other person); or (c) any harm or injury which might occur as described in the “Important Safety and Health Notice” section.
2. IMPORTANT SAFETY AND HEALTH NOTICE
NVIDIA hopes you will find the use of GFN enjoyable and do not suffer personal injury, illness, catastrophic injury, or death. However, for some individuals under certain circumstances, using GFN (or your Content on GFN) might have harmful effects on your health or safety. Some of these risks are described in this section. You are solely responsible for assessing your vulnerability to these risks, and choosing whether or not to use GFN. You waive NVIDIA’s liability for any liabilities, damages, losses, costs and expenses that result from these risks. A very small percentage of individuals may experience epileptic seizures or blackouts when exposed to certain light patterns or flashing lights. Exposure to certain patterns or backgrounds on a television screen or when playing content such as video games may trigger epileptic seizures or blackouts in these individuals. These conditions may trigger previously undetected epileptic symptoms or seizures in persons who have no history of prior seizures or epilepsy. If you or anyone in your family has an epileptic condition or has had seizures of any kind, consult your physician before playing. IMMEDIATELY DISCONTINUE use and consult your physician before resuming play if you experience any of the following health problems or symptoms: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, seizures or any involuntary movement or convulsion. RESUME PLAY ONLY ON APPROVAL OF YOUR PHYSICIAN. Stop using GFN immediately if you experience any of the following symptoms: lightheadedness, nausea or a sensation similar to motion sickness, discomfort, pain, throbbing, aching, tingling, numbness, burning sensation, stiffness or pain in the eyes, ears, hands, arms or any other part of the body. If the condition persists, consult a doctor.
3. PERFORMANCE
You agree that NVIDIA shall not incur liability in connection with any of the following:
a. Factors or circumstances outside of NVIDIA’s reasonable control that reduce or impair your use of GFN or the quality of your experience using GFN, including, but not limited to, issues with your personal computer, telecommunications, firewall, service providers, or the public internet. In connection therewith, data, such as user generated application data, may not function, synchronize or be saved as intended;
b. The resolution and quality of the Content you receive depends on many factors, including, but not limited to, the type of personal computer, your location, the available bandwidth, or the speed of your internet connection. In connection therewith, if NVIDIA detects that Content streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, NVIDIA may decrease the resolution and bitrate of the Content streamed to you in an effort to provide a better user experience; or
c. The temporary unavailability, timeout, inaccessibility or slowdown of GFN, from time to time, to perform maintenance on or upgrade the GFN or the underlying infrastructure, or for technical reasons, errors or bandwidth constraints. In connection therewith, you may be unable to initiate or continue using GFN, and you may lose data or functionality (including game saves).
4. CONTENT
You represent that you either own the Content or have sufficient rights to use it in connection with GFN. NVIDIA does not guarantee that all Content can be used with GFN. When you obtain Content, the Content provider may require you to accept additional terms, open a user account and/or may charge you for the Content. NVIDIA does not endorse or assume any responsibility for any Content, including but not limited to information, materials, products, content or services that users upload for use with GFN. GFN is a cloud based offering and you hereby grant NVIDIA, its affiliates and its GFN suppliers and service providers a non-exclusive, worldwide, limited license to access, view, use and display your Content in connection with the provision of GFN to you and to modify or improve the GFN service and underlying technology. YOU ACCEPT SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF CONTENT IN YOUR GFN ACCOUNT.
5. DIGITAL RIVER TERMS
In order to purchase or refill GeForce NOW credits to use GFN you will be required to separately accept terms and conditions by Digital River, a copy is located at: http://nvda.co/geforcenow/termsofsale. The agreement referenced in the previous sentence is solely between you and Digital River, and the link is included here for informational purposes only. All such transactions are administered by Digital River, not NVIDIA. NVIDIA expressly disclaims any liability for any such transactions, and you agree that your sole remedy regarding all transactions (including GeForce NOW credit charges, credit card charges and bank-related charges) is from or through Digital River.
6. SUSPENSION / TERMINATION
a. Use of GeForce NOW Credits. Your rights to use GFN GeForce NOW credits expire as described in the NVIDIA GeForce NOW for PC machine types and GeForce NOW credit terms, or as otherwise provided in the Agreement.
b. Suspension. NVIDIA may suspend or restrict you or any of your permitted users’ rights to access or use any portion or all of GFN at its discretion, including (but not limited to) if you are, or any permitted user is, in breach of the Agreement (including if you are delinquent on your payment obligations) or if NVIDIA reasonably suspects or determines that your or a permitted user’s use of, or registration for, GFN (i) poses a security risk to the GFN service or any third party, (ii) may adversely impact the GFN service or the systems or Content of any other GFN user, (iii) may subject NVIDIA, its affiliates, or any third party to liability, or (iv) may be unlawful or fraudulent. During any suspension of GFN services, you will remain responsible for all fees and charges you have incurred through the date of suspension and for fees and charges that apply if you resume access, and you will not be entitled to any refund or credit for the suspension period.
c. Termination. Your rights under the Agreement (a) terminate automatically without notice from NVIDIA if you fail to comply with the Agreement or engage in illegal or improper use of GFN, and (b) terminate upon 30 days’ notice from NVIDIA if NVIDIA believes that the continuance of services to you could create a substantial economic or technical burden.
d. Effect of Suspension or Termination. Suspension or termination of access to GFN, for any reason, will under no circumstances result in liability for NVIDIA. Upon any termination, your access to GFN will be discontinued. You acknowledge that NVIDIA has no obligation to store or return any data or Content stored, created or used by you in connection with GFN, whether during or after the termination.
7. CONSENT TO COLLECTION AND USE OF INFORMATION
You hereby acknowledge that GFN accesses and collects both non-personally identifiable information and personally identifiable information about you and your computer system as well as configures the computer system in order to (a) properly optimize the computer system for use with GFN, (b) deliver content through GFN, (c) improve NVIDIA products and services, and (d) deliver marketing communications. Information collected by GFN includes, but is not limited to, computer system’s (i) hardware configuration and ID, (ii) operating system and driver configuration, (iii) installed games and applications, (iv) games and applications settings, performance, and usage data, and (iv) usage metrics of GFN. To the extent that you use GFN, 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 the computer system, and that NVIDIA will have no responsibility for any damage or loss to such computer system (including loss of data or access) arising from or relating to (y) any changes to the configuration, application settings, environment variables, registry, drivers, BIOS, or other attributes of the computer system (or any part of the computer system) initiated through GFN; or (z) installation of any GFN or third party software patches initiated through GFN.
GFN may contain links to websites and services. NVIDIA does not endorse or assume any responsibility for any third-party websites, products, services or information. If you access a third party site or service, you do so at your own risk, and you understand that the Agreement and NVIDIA’s privacy policy do not apply. 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 your personally identifiable information.
You will be asked to provide personally identifiable information when registering for an account and you may otherwise be asked to provide personally identifiable information in connection with your use of GFN. For more information on NVIDIA's collection, use and disclosure of personal information from its users, please refer to NVIDIA’s privacy policy which can be found at https://www.nvidia.com/en-us/about-nvidia/privacy-policy/.
8. DISCLAIMER OF WARRANTIES. GFN IS PROVIDED BY NVIDIA “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS,” AND NVIDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF OPERABILITY, CONDITION, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE BY NVIDIA ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. WITHOUT LIMITING THE FOREGOING, NVIDIA DOES NOT WARRANT THAT ACCESS TO GFN WILL BE UNINTERRUPTED; THAT GFN WILL MEET YOUR REQUIREMENTS; THAT GFN WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT GFN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NVIDIA’S OBLIGATIONS UNDER THE AGREEMENT ARE FOR YOUR BENEFIT ONLY.
9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE USE OR PERFORMANCE OF GFN PROVIDED BY NVIDIA UNDER THE AGREEMENT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT WILL NVIDIA’S TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THE AGREEMENT EXCEED TWENTY FIVE U.S. DOLLARS (U.S. $25) (or up to US$5.00 if you are using GFN for no charge). THE NATURE OF THE LIABILITY OR THE NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR EXTEND THIS LIMIT. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER NVIDIA OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. The disclaimers, exclusions and limitations of liability set forth in the Agreement form an essential basis of the bargain between the parties, and, absent any such disclaimers, exclusions or limitations of liability, the provisions of the Agreement, including, without limitation, the economic terms, would be substantially different.
10. GOVERNING LAW AND YOUR RIGHTS. The Agreement gives you specific legal rights. You may also have other rights which vary from state to state and jurisdiction to jurisdiction. You hereby agree to all terms of the Agreement in the English language. The Agreement and all disputes that may arise from it or out of use of GFN in interstate commerce shall be governed by the Federal Arbitration Act, in addition to the internal substantive laws of the State of Delaware, without regard to or application of its conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Agreement and is expressly disclaimed. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which NVIDIA retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the binding arbitration section below.
11. BINDING ARBITRATION. For any claim against or dispute or controversy with NVIDIA relating to the Agreement or that may arise from it or out of your use of GFN (collectively, “Disputes”), you agree to first contact NVIDIA by U.S. Mail at NVIDIA Corporation, ATTN: Legal, 2701 San Tomas Expressway, Santa Clara, California, 95050 and attempt to resolve the Dispute with NVIDIA informally. In the unlikely event that NVIDIA has not been able to resolve such Dispute it has with you within 60 days of your original informal claim (or sooner if, in NVIDIA's opinion, a Dispute is not likely to be resolved within 60 days), you and NVIDIA each agree to resolve any such Dispute (excluding any NVIDIA claims for injunctive or other equitable relief) by binding arbitration before an arbitrator from Judicial Mediation and Arbitration Services ("JAMS") located in Santa Clara County, California under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com and will require you to pay an initial filing fee of $250.00 (unless you successfully apply for a waiver of this fee from JAMS). All other JAMS costs associated with the arbitration will be borne by the party that loses the arbitration. The arbitration will be conducted in Santa Clara County, California (or the nearest JAMS Office to Santa Clara County), unless you request an in-person hearing in your hometown or you and NVIDIA agree otherwise. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party's data security, intellectual property rights, or other proprietary rights. If for any reason this agreement to arbitrate is found not to apply to a Dispute and as a result a Dispute proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Santa Clara County, California.
Class Action & Jury Trial Waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION UNLESS SUCH ARBITRATION IS NECESSARY TO EFFECTUATE THE ENFORCEMENT OF THE COURT CLASS ACTION WAIVER OR IN THE EVENT THAT CLASS ARBITRATION IS EXPRESSLY AGREED TO BY NVIDIA. YOU AGREE THAT, BY ENTERING INTO THE AGREEMENT, YOU AND NVIDIA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Right to Opt Out. YOU MAY OPT OUT OF THE FOREGOING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION OF THE AGREEMENT BY NOTIFYING NVIDIA IN WRITING WITHIN 30 DAYS OF COMMENCEMENT OF USE OF GFN UNDER THE AGREEMENT. SUCH WRITTEN NOTIFICATION MUST BE SENT TO ATTN: LEGAL, 2701 SAN TOMAS EXPRESSWAY, SANTA CLARA, CALIFORNIA, 95050 AND MUST INCLUDE (1) YOUR NAME, (2) YOUR ADDRESS, (3) THE REFERENCE TO GFN FOR PC AS THE SERVICE THE NOTICE RELATES TO, AND (4) A CLEAR STATEMENT INDICATING THAT YOU DO NOT WISH TO RESOLVE DISPUTES THROUGH ARBITRATION AND DEMONSTRATING COMPLIANCE WITH THE 30 DAY TIME LIMIT TO OPT OUT.
12. GENERAL
The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NVIDIA without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
If NVIDIA needs to contact you about GFN, you consent to receive the notices by email or through the service. You agree that any such notices that NVIDIA sends you electronically will satisfy any legal communication requirements.
NVIDIA and its affiliates are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to NVIDIA or its affiliates ("Feedback"), including responses to questionnaires or through postings to GFN, including the NVIDIA website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving GFN, and you hereby assign to NVIDIA any and all rights, including but not limited to intellectual property rights, in any Feedback you provide. In addition, you agree not to enforce any Moral Rights (as defined below) in and to the Feedback, to the extent permitted by applicable law. A “Moral Right” means any right to claim authorship of a work, to object to or prevent the modification or destruction of a work, to withdraw from circulation or control the publication or distribution of a work, any similar right, existing under judicial or statutory law of any country in the world, or under any treaty, regardless of whether or not such right is called or generally referred to as a “moral right.” If you send any Feedback, whether or not solicited, you do so with the understanding that no additional consideration of any sort will be provided to you, and you hereby irrevocably waive any claim against NVIDIA and its affiliates regarding the use of such Feedback, even if information, an idea, concept, technique or material is used that is substantially similar to the Feedback you sent.
You acknowledge that the software, technology and technical data provided by NVIDIA under the Agreement is subject to export control under the U.S. Export Administration Regulations (EAR) and economic sanctions regulations administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC). Therefore, you may not export, re-export or transfer in-country the software, technology and technical data without first obtaining any license or other approval that may be required by the Bureau of Industry and Security (BIS) and/or OFAC. You are responsible for any violation of the U.S. or other applicable export control or economic sanctions laws, regulations and requirements related to the software, technology and technical data. By accepting the Agreement, you confirm that you are not a resident or citizen of any country currently embargoed by the U.S. and that you are not otherwise prohibited from receiving the software, technology and technical data.
The software has been developed entirely at private expense. If the software is licensed to the United States government or any agency thereof, then the software will be deemed to be “commercial items” consisting of “commercial software” and “commercial software documentation”, respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable, provided with RESTRICTED RIGHTS. Contractor/manufacturer is NVIDIA, 2701 San Tomas Expressway, Santa Clara, CA 95050.
NVIDIA will not be liable for any delay or failure to perform any obligation under the Agreement where the delay or failure results from any cause beyond its reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
The Agreement, together with any amendments and any additional agreements you may enter into with NVIDIA in connection with GFN, shall constitute the entire agreement between you and NVIDIA concerning GFN. If any provision of the Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.
No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and NVIDIA's failure to assert any right or provision under the Agreement shall not constitute a waiver of such right or provision.
NVIDIA may make changes to the Agreement from time to time. NVIDIA will publish the new terms of use at http://nvda.co/geforcenow/termsofuse. Updated versions of the NVIDIA privacy policy, the GFN subscription terms, and account registration terms will be posted on the applicable NVIDIA website. The updated GFN terms will be effective when published. Please review GFN terms on a regular basis. You understand and agree that your express acceptance of the updated GFN terms or your use of GFN after the date of publication shall constitute your agreement to the updated GFN terms. If you do not agree with the updated terms, you must terminate your use of GFN.