Re: [AMBER] EULA/NVIDIA

From: Ross Walker <ross.rosswalker.co.uk>
Date: Fri, 9 Feb 2018 07:50:35 -0500

Hi Chris,

I'd add that there has been no update in the language used in the EULA:

http://www.nvidia.com/content/DriverDownload-March2009/licence.php?lang=us&type=TITAN <http://www.nvidia.com/content/DriverDownload-March2009/licence.php?lang=us&type=TITAN>

So whatever Mark Berger is saying below has no legal weight. NVIDIA needs to update the EULA. The fact that they make statements such as those below but do not modify the actual legally binding part of the agreement is troubling.

On the plus side at least the language is still ridiculously vague as to likely be unenforceable.

All the best
Ross

> On Feb 7, 2018, at 22:27, Chris Neale <candrewn.gmail.com> wrote:
>
> Dear Adrian:
>
> are you able to get clarification about what "small-scale" means? Academic
> startup funds could easily permit 20 nodes, each with 4 commodity GTX
> cards. It's unclear if this is considered small-scale. I am sure one can
> find out by simply trying to buy it, but if small-scale means one node with
> 4 cards, even if just one research group is using it, then that restriction
> is going to have a noticeable impact over time.
>
> Thank you,
> Chris.
>
> On Mon, Feb 5, 2018 at 3:31 PM, Adrian Roitberg <roitberg.ufl.edu> wrote:
>
>> Dear members of the Amber community.
>>
>> You have seen the emails regarding the new User Agreement from NVIDIA
>> regarding proper uses for the GeForce cards.
>>
>> This point was raised by several people during a meeting with NVIDIA,
>> and this is the response we received, which as far as I am concerned, it
>> is the official word from NVIDIA.
>>
>> One can agree or disagree with some points, but again, as fra as I am
>> concerned, it solved properly most of the points we were worried about.
>>
>> Adrian
>>
>>
>>
>>
>> -------- Forwarded Message --------
>> Subject: EULA
>> Date: Mon, 5 Feb 2018 16:09:12 +0000
>> From: Mark Berger <mberger.nvidia.com>
>> To: Adrian Roitberg <roitberg.ufl.edu>
>>
>>
>>
>> Hi Adrian,
>>
>> Thanks for bringing up the EULA concerns on Friday. I wanted to send
>> some approved clarification language which should help.
>>
>> We have had a few questions around our new GeForce EULA. Let us
>> reassure you that our position for the higher education and research
>> community hasn’t changed.
>>
>> First, NVIDIA’s Tesla GPUs are designed specifically for High
>> Performance Computing and Deep Learning. They provide more
>> functionality, higher performance, and better manageability, reliability
>> and availability for these applications compared to our Consumer
>> products. In addition, Tesla products include a three-year warranty
>> covering data center workloads, NVIDIA enterprise support, and
>> guaranteed continuity of supply. To make our Tesla products more
>> affordable for this community, we have also created an attractive
>> Educational discount program.
>>
>> Nevertheless, we recognize that academics and researchers place our
>> GeForce and TITAN products in small-scale GPU-server clusters for
>> research purposes and non-commercial use. We do not intend to prohibit
>> such uses. We understand that our GPUs have become an important tool for
>> research scientists, and while we encourage researchers to consider our
>> Tesla GPUs, we will not interfere with continued use of GeForce and
>> TITAN products for small-scale non-commercial research.
>>
>> If it would help to post this to the AMBER Mailing List, please feel
>> free to do so.
>>
>> Best,
>>
>> Mark
>>
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