In the absence of a signed agreement with Fortanix, the following agreements apply to the applicable Fortanix products and services. If you buy, download or use any Fortanix products or services and/or NVIDIA software, or if you click to accept any agreement, that means you accept the terms of the applicable agreement, so please read the applicable agreement carefully.
The following agreements apply to the following products and services:
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Fortanix Cloud Services (e.g., Key Insight, Data Security Manager, etc.) |
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Fortanix Software |
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Fortanix Equipment |
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NVIDIA Software License Agreement – Confidential Computing |
https://www.nvidia.com/en-us/agreements/enterprise-software/nvidia-software-license-agreement/ The NVIDIA Software License Agreement above shall apply, except as modified below: 4.7 Service Level Agreement. Unless otherwise specified by Fortanix, the Service Level Agreement available at https://www.nvidia.com/en-us/agreements/service-level-agreement/nvidia-cloud-services-service-level-agreement/ will be applicable to Customer’s use of NVIDIA Attestation Services under a commercial Enterprise Product License. Section 11.1 of the NVIDIA Software License Agreement is replaced by the following: Customer’s consent, diagnostic data, including crash reports, may be collected. Further, NVIDIA may require certain personal information such as name, email address and entitlement information solely to deliver Software or provide Services to Customer. All such personal information shall be considered Customer Confidential Information subject to Section 9 of this Agreement. Please review documentation accompanying the relevant Software for data collection specific to the Software. In addition, as described in documentation for NVIDIA Confidential Computing, NVIDIA will collect IP address and information about Customer’s GPU (including device unique identity key pair and device certificates that uniquely identify Customer’s GPU) to provide NVIDIA Confidential Computing and for security, debugging and troubleshooting purposes. Data collected will be deleted when no longer needed for such purposes. Section 16.7 of the NVIDIA Software License Agreement is replaced with the following: 16.7 Reporting and Audits. Customer will report to NVIDIA as required in the Order Form. Customer will maintain accurate and complete records related to usage of the Software with NVIDIA Confidential Computing in production or as part of a Customer Product that Customer makes available to Customer End Users during the Subscription Term and for at least three (3) years thereafter. NVIDIA or an independent auditor will have the right to audit all such records during regular business hours to validate and confirm Customer’s information and compliance with the terms of the Agreement. Audits will be conducted no more frequently than annually, unless non-compliance was previously found. If an audit reveals an underpayment, Customer will promptly remit the full amount of such underpayment to NVIDIA including interest that will accrue (without the requirement of a notice) at the lower of 1.5% per month or the highest rate permissible by law. If the underpaid amount exceeds five percent (5%) of the amounts payable to NVIDIA during the audited period or if the audit reveals a material non-conformance with the terms of the Agreement, then Customer will reimburse NVIDIA’s reasonable audit costs Section 16.15 is added as follows: 16.15 Security Measures. The parties recognize that no technology is absolutely secure. Customer will disclose to NVIDIA information as needed to ensure that appropriate administrative, physical and technical security measures are used for NVIDIA Confidential Computing consistent with standard industry practice and any applicable laws and regulations. |
