MEMBER ACCOUNT, PASSWORD, AND SECURITY
RESTRICTIONS ON USE
YOU MAY NOT and will not allow any third party to (except to the extent required by local law):
- Obtain or attempt to obtain unauthorized access to the NVIDIA Account;
- Sell, lease, loan, distribute, transfer, sublicense, reproduce, duplicate, copy, trade or exploit the NVIDIA Account or access thereto or derive income from the use or provision of the NVIDIA Account, whether for direct commercial or monetary gain or otherwise, without NVIDIA's prior, express and written permission.
Any required or optional equipment or third party plug-in applications that you use to access your NVIDIA Account, including your computer, mobile or other device is subject to the terms, conditions, warranties and disclaimers provided by the manufacturer of such computer or other device, and NVIDIA makes no warranties or representations whatsoever regarding such computer or other device. Please refer to the materials you received when you purchased the computer or other device to understand your rights and obligations, including what warranties and disclaimers apply to you.
DISCLAIMER OF WARRANTIES
YOUR NVIDIA ACCOUNT IS PROVIDED ON AN \u201cAS IS\u201d AND \u201cAS AVAILABLE\u201d BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR NVIDIA ACCOUNT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, NVIDIA, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT YOUR NVIDIA ACCOUNT IS OR WILL BE ABSOLUTELY RELIABLE, SECURE OR ERROR-FREE; THAT YOUR NVIDIA ACCOUNT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF YOUR NVIDIA ACCOUNT ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR DEVICE OR NETWORK OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF YOUR NVIDIA ACCOUNT.
LIMITATION OF LIABILITY
GOVERNING LAW AND YOUR RIGHTS
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\u2019s 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 Claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Santa Clara County, California.
If NVIDIA needs to contact you about your NVIDIA Account, you consent to receive the notices by email. You agree that any such notices that we send you electronically will satisfy any legal communication requirements. NVIDIA is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings through your NVIDIA Account, 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 the your NVIDIA Account, and you hereby assign to NVIDIA any and all rights in any Feedback you provide. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. If you send any unsolicited materials or ideas, 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 materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
Last updated: October 1, 2014