Google Cloud
Why Google
  • Discover why leading businesses choose Google Cloud
  • Whether your business is early in its journey or well on its way to digital transformation, Google Cloud can help you solve your toughest challenges.
  • Learn more
  • Key benefits
  • Overview
    Top reasons businesses choose us.
  • Multicloud
    Run your apps wherever you need them.
  • Trust and security
    Keep your data secure and compliant.
  • Global infrastructure
    Build on the same infrastructure as Google.
  • Data cloud
    Unify data across your organization.
  • Open cloud
    Scale with open, flexible technology.
  • Sustainability
    Run on the cleanest cloud in the industry.
  • Productivity and collaboration
    Connect your teams with AI-powered apps.
  • Resources
  • Events
    Browse upcoming Google Cloud events.
  • Blog
    Read our latest product news and stories.
  • Customer stories
    Explore case studies and videos.
  • Analyst reports
    Read what industry analysts say about us.
Solutions
  • Industry Solutions
    Reduce cost, increase operational agility, and capture new market opportunities.
  • Retail
    Analytics and collaboration tools for the retail value chain.
  • Consumer Packaged Goods
    Solutions for CPG digital transformation and brand growth.
  • Financial Services
    Computing, data management, and analytics tools for financial services.
  • Healthcare and Life Sciences
    Advance research at scale and empower healthcare innovation.
  • Media and Entertainment
    Solutions for content production and distribution operations.
  • Telecommunications
    Hybrid and multi-cloud services to deploy and monetize 5G.
  • Gaming
    AI-driven solutions to build and scale games faster.
  • Manufacturing
    Migration and AI tools to optimize the manufacturing value chain.
  • Supply Chain and Logistics
    Digital supply chain solutions built in the cloud.
  • Government
    Data storage, AI, and analytics solutions for government agencies.
  • Education
    Teaching tools to provide more engaging learning experiences.
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  • See all industry solutions
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  • Application Modernization
    Develop and run applications anywhere, using cloud-native technologies like containers, serverless, and service mesh.
  • Hybrid and Multi-cloud Application Platform
    Platform for modernizing legacy apps and building new apps.
  • API Management
    Accelerate application design and development with an API-first approach.
  • Serverless Solutions
    Fully managed environment for developing, deploying and scaling apps.
  • DevOps
    Processes and resources for implementing DevOps in your org.
  • Continuous Delivery (CD)
    End-to-end automation from source to production.
  • Continuous Integration (CI)
    Fast feedback on code changes at scale.
  • Mainframe Modernization
    Automated tools and prescriptive guidance for moving to the cloud.
  • CAMP
    Program that uses DORA to improve your software delivery capabilities.
  • Hosting
    Services and infrastructure for building web apps and websites.
  • Site Reliability Engineering (SRE)
    Tools and resources for adopting SRE in your org.
  • Artificial Intelligence
    Add intelligence and efficiency to your business with AI and machine learning.
  • Contact Center AI
    AI model for speaking with customers and assisting human agents.
  • Document AI
    Document processing and data capture automated at scale.
  • Intelligent products
    End-to-end solution for creating products with personalized ownership experiences.
  • Product Discovery
    Google-quality search and product recommendations for retailers.
  • APIs and Applications
    Speed up the pace of innovation without coding, using APIs, apps, and automation.
  • New Business Channels Using APIs
    Attract and empower an ecosystem of developers and partners.
  • Unlocking Legacy Applications Using APIs
    Cloud services for extending and modernizing legacy apps.
  • Open Banking APIx
    Simplify and accelerate secure delivery of open banking compliant APIs.
  • Databases
    Migrate and manage enterprise data with security, reliability, high availability, and fully managed data services.
  • Database Migration
    Guides and tools to simplify your database migration life cycle.
  • Database Modernization
    Upgrades to modernize your operational database infrastructure.
  • Google Cloud Databases
    Database services to migrate, manage, and modernize data.
  • Migrate Oracle workloads to Google Cloud
    Rehost, replatform, rewrite your Oracle workloads.
  • Open Source Databases
    Fully managed open source databases with enterprise-grade support.
  • SQL Server on Google Cloud
    Options for running SQL Server virtual machines on Google Cloud.
  • Data Cloud
    Unify data across your organization with an open and simplified approach to data-driven transformation that is unmatched for speed, scale, and security with AI built-in.
  • Databases Solutions
    Migrate and manage enterprise data with security, reliability, high availability, and fully managed data services.
  • Smart Analytics Solutions
    Generate instant insights from data at any scale with a serverless, fully managed analytics platform that significantly simplifies analytics.
  • AI Solutions
    Add intelligence and efficiency to your business with AI and machine learning.
  • Data Cloud for ISVs
    Innovate, optimize and amplify your SaaS applications using Google's data and machine learning solutions such as BigQuery, Looker, Spanner and Vertex AI.
  • Data Cloud Alliance
    An initiative to ensure that global businesses have more seamless access and insights into the data required for digital transformation.
  • Digital Transformation
  • Accelerate business recovery and ensure a better future with solutions that enable hybrid and multi-cloud, generate intelligent insights, and keep your workers connected.
  • Digital Innovation
    Reimagine your operations and unlock new opportunities.
  • Operational Efficiency
    Prioritize investments and optimize costs.
  • COVID-19 Solutions
    Get work done more safely and securely.
  • COVID-19 Solutions for the Healthcare Industry
    How Google is helping healthcare meet extraordinary challenges.
  • Infrastructure Modernization
    Migrate quickly with solutions for SAP, VMware, Windows, Oracle, and other workloads.
  • Application Migration
    Discovery and analysis tools for moving to the cloud.
  • SAP on Google Cloud
    Certifications for running SAP applications and SAP HANA.
  • High Performance Computing
    Compute, storage, and networking options to support any workload.
  • Windows on Google Cloud
    Tools and partners for running Windows workloads.
  • Data Center Migration
    Migration solutions for VMs, apps, databases, and more.
  • Active Assist
    Automatic cloud resource optimization and increased security.
  • Virtual Desktops
    Remote work solutions for desktops and applications (VDI & DaaS).
  • Rapid Assessment & Migration Program (RAMP)
    End-to-end migration program to simplify your path to the cloud.
  • Backup and Disaster Recovery
    Ensure your business continuity needs are met.
  • Productivity and Collaboration
    Change the way teams work with solutions designed for humans and built for impact.
  • Google Workspace
    Collaboration and productivity tools for enterprises.
  • Google Workspace Essentials
    Secure video meetings and modern collaboration for teams.
  • Cloud Identity
    Unified platform for IT admins to manage user devices and apps.
  • Chrome Enterprise
    Chrome OS, Chrome Browser, and Chrome devices built for business.
  • Cloud Search
    Enterprise search for employees to quickly find company information.
  • Security
    Detect, investigate, and respond to online threats to help protect your business.
  • Security Analytics and Operations
    Solution for analyzing petabytes of security telemetry.
  • Web App and API Protection
    Threat and fraud protection for your web applications and APIs.
  • Security and Resilience Framework
    Solutions for each phase of the security and resilience life cycle.
  • Risk and compliance as code (RCaC)
    Solution to modernize your governance, risk, and compliance function with automation.
  • Software Supply Chain Security
    Solution for improving end-to-end software supply chain security.
  • Smart Analytics
    Generate instant insights from data at any scale with a serverless, fully managed analytics platform that significantly simplifies analytics.
  • Data Warehouse Modernization
    Data warehouse to jumpstart your migration and unlock insights.
  • Data Lake Modernization
    Services for building and modernizing your data lake.
  • Spark on Google Cloud
    Run and write Spark where you need it, serverless and integrated.
  • Stream Analytics
    Insights from ingesting, processing, and analyzing event streams.
  • Business Intelligence
    Solutions for modernizing your BI stack and creating rich data experiences.
  • Data Science
    Put your data to work with Data Science on Google Cloud.
  • Marketing Analytics
    Solutions for collecting, analyzing, and activating customer data.
  • Geospatial Analytics and AI
    Solutions for building a more prosperous and sustainable business.
  • Datasets
    Data from Google, public, and commercial providers to enrich your analytics and AI initiatives.
  • Startups and SMB
    Accelerate startup and SMB growth with tailored solutions and programs.
  • Startup Solutions
    Grow your startup and solve your toughest challenges using Google’s proven technology.
  • Startup Program
    Get financial, business, and technical support to take your startup to the next level.
  • Small and Medium Business
    Explore solutions for web hosting, app development, AI, and analytics.
  • Software as a Service
    Build better SaaS products, scale efficiently, and grow your business.
Products
  • Featured Products
  • Compute Engine
    Virtual machines running in Google’s data center.
  • Cloud Storage
    Object storage that’s secure, durable, and scalable.
  • Cloud SDK
    Command-line tools and libraries for Google Cloud.
  • Cloud SQL
    Relational database service for MySQL, PostgreSQL and SQL Server.
  • Google Kubernetes Engine
    Managed environment for running containerized apps.
  • BigQuery
    Data warehouse for business agility and insights.
  • Cloud CDN
    Content delivery network for delivering web and video.
  • Dataflow
    Streaming analytics for stream and batch processing.
  • Operations
    Monitoring, logging, and application performance suite.
  • Cloud Run
    Fully managed environment for running containerized apps.
  • Anthos
    Platform for modernizing existing apps and building new ones.
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  • AI and Machine Learning
  • Vertex AI
    Unified platform for training, running, and managing ML models.
  • Vertex AI Workbench
    Single interface for the entire Data Science workflow.
  • AI Infrastructure
    Options for training deep learning and ML models cost-effectively.
  • AutoML
    Custom machine learning model development, with minimal effort.
  • Natural Language AI
    Sentiment analysis and classification of unstructured text.
  • Speech-to-Text
    Speech recognition and transcription across 125 languages.
  • Text-to-Speech
    Speech synthesis in 220+ voices and 40+ languages.
  • Translation AI
    Language detection, translation, and glossary support.
  • Video AI
    Video classification and recognition using machine learning.
  • Vision AI
    Custom and pre-trained models to detect emotion, text, and more.
  • Dialogflow
    Lifelike conversational AI with state-of-the-art virtual agents.
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  • See all AI and machine learning products
  • API Management
  • Apigee API Management
    Manage the full life cycle of APIs anywhere with visibility and control.
  • Apigee Integration
    API-first integration to connect existing data and applications.
  • Cloud Healthcare API
    Solution to bridge existing care systems and apps on Google Cloud.
  • AppSheet
    No-code development platform to build and extend applications.
  • API Gateway
    Develop, deploy, secure, and manage APIs with a fully managed gateway.
  • Compute
  • Compute Engine
    Virtual machines running in Google’s data center.
  • App Engine
    Serverless application platform for apps and back ends.
  • Cloud GPUs
    GPUs for ML, scientific computing, and 3D visualization.
  • Migrate for Compute Engine
    Server and virtual machine migration to Compute Engine.
  • Spot VMs
    Compute instances for batch jobs and fault-tolerant workloads.
  • Shielded VMs
    Reinforced virtual machines on Google Cloud.
  • Sole-Tenant Nodes
    Dedicated hardware for compliance, licensing, and management.
  • Bare Metal
    Infrastructure to run specialized workloads on Google Cloud.
  • Recommender
    Usage recommendations for Google Cloud products and services.
  • VMware Engine
    Fully managed, native VMware Cloud Foundation software stack.
  • Cloud Run
    Fully managed environment for running containerized apps.
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  • See all compute products
  • Containers
  • Google Kubernetes Engine
    Managed environment for running containerized apps.
  • Container Registry
    Registry for storing, managing, and securing Docker images.
  • Container Security
    Container environment security for each stage of the life cycle.
  • Cloud Build
    Solution for running build steps in a Docker container.
  • Deep Learning Containers
    Containers with data science frameworks, libraries, and tools.
  • Kubernetes Applications
    Containerized apps with prebuilt deployment and unified billing.
  • Artifact Registry
    Package manager for build artifacts and dependencies.
  • Knative
    Components to create Kubernetes-native cloud-based software.
  • Cloud Run
    Fully managed environment for running containerized apps.
  • Cloud Code
    IDE support to write, run, and debug Kubernetes applications.
  • Data Analytics
  • BigQuery
    Data warehouse for business agility and insights.
  • Looker
    Platform for BI, data applications, and embedded analytics.
  • Dataflow
    Streaming analytics for stream and batch processing.
  • Pub/Sub
    Messaging service for event ingestion and delivery.
  • Dataproc
    Service for running Apache Spark and Apache Hadoop clusters.
  • Cloud Data Fusion
    Data integration for building and managing data pipelines.
  • Cloud Composer
    Workflow orchestration service built on Apache Airflow.
  • Dataprep
    Service to prepare data for analysis and machine learning.
  • Dataplex
    Intelligent data fabric for unifying data management across silos.
  • Data Catalog
    Metadata service for discovering, understanding, and managing data.
  • Analytics Hub
    Service for securely and efficiently exchanging data analytics assets.
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  • See all data analytics products
  • Databases
  • AlloyDB for PostgreSQL
    Fully managed, PostgreSQL-compatible database for demanding enterprise workloads.
  • Cloud Bigtable
    Cloud-native wide-column database for large scale, low-latency workloads.
  • Firestore
    Cloud-native document database for building rich mobile, web, and IoT apps.
  • Memorystore
    In-memory database for managed Redis and Memcached.
  • Cloud Spanner
    Cloud-native relational database with unlimited scale and 99.999% availability.
  • Cloud SQL
    Fully managed database for MySQL, PostgreSQL, and SQL Server.
  • Database Migration Service
    Serverless, minimal downtime migrations to Cloud SQL.
  • Bare Metal Solution for Oracle
    Infrastructure to run specialized Oracle workloads on Google Cloud.
  • Firebase Realtime Database
    NoSQL database for storing and syncing data in real time.
  • Datastream
    Serverless change data capture and replication service.
  • Developer Tools
  • Artifact Registry
    Universal package manager for build artifacts and dependencies.
  • Cloud Build
    Continuous integration and continuous delivery platform.
  • Cloud Code
    IDE support to write, run, and debug Kubernetes applications.
  • Cloud Deployment Manager
    Service for creating and managing Google Cloud resources.
  • gcloud CLI
    Command line tools and libraries for Google Cloud.
  • Cloud Scheduler
    Cron job scheduler for task automation and management.
  • Cloud Source Repositories
    Private Git repository to store, manage, and track code.
  • Cloud Tasks
    Task management service for asynchronous task execution.
  • Google Cloud Deploy
    Fully managed continuous delivery to Google Kubernetes Engine.
  • Tekton
    Kubernetes-native resources for declaring CI/CD pipelines.
  • Tools for PowerShell
    Full cloud control from Windows PowerShell.
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  • See all developer tools
  • Healthcare and Life Sciences
  • Apigee Healthcare APIx
    FHIR API-based digital service production.
  • Cloud Healthcare API
    Solution for bridging existing care systems and apps on Google Cloud.
  • Cloud Life Sciences
    Tools for managing, processing, and transforming biomedical data.
  • Healthcare Natural Language AI
    Real-time insights from unstructured medical text.
  • Hybrid and Multicloud
  • Anthos
    Platform for modernizing existing apps and building new ones.
  • Looker
    Platform for BI, data applications, and embedded analytics.
  • Cloud Run for Anthos
    Integration that provides a serverless development platform on GKE.
  • Google Cloud Marketplace for Anthos
    Containerized apps with prebuilt deployment and unified billing.
  • Migrate for Anthos
    Tool to move workloads and existing applications to GKE.
  • Operations
    Monitoring, logging, and application performance suite.
  • Cloud Build
    Service for executing builds on Google Cloud infrastructure.
  • Traffic Director
    Traffic control pane and management for open service mesh.
  • Apigee API Management
    API management, development, and security platform.
  • Google Distributed Cloud
    Fully managed solutions for the edge and data centers.
  • Internet of Things
  • Cloud IoT Core
    IoT device management, integration, and connection service.
  • Edge TPU
    ASIC designed to run ML inference and AI at the edge.
  • Management Tools
  • Anthos Config Management
    Automate policy and security for your deployments.
  • Carbon Footprint
    Dashboard to view and export Google Cloud carbon emissions reports.
  • Cloud APIs
    Programmatic interfaces for Google Cloud services.
  • Cloud console
    Web-based interface for managing and monitoring cloud apps.
  • Cloud Mobile App
    App to manage Google Cloud services from your mobile device.
  • Cloud Shell
    Interactive shell environment with a built-in command line.
  • Config Connector
    Kubernetes add-on for managing Google Cloud resources.
  • Cost Management
    Tools for monitoring, controlling, and optimizing your costs.
  • Intelligent Management
    Tools for easily managing performance, security, and cost.
  • Private Catalog
    Service catalog for admins managing internal enterprise solutions.
  • Terraform on Google Cloud
    Open source tool to provision Google Cloud resources with declarative configuration files.
  • Media and Gaming
  • Game Servers
    Game server management service running on Google Kubernetes Engine.
  • OpenCue
    Open source render manager for visual effects and animation.
  • Transcoder API
    Convert video files and package them for optimized delivery.
  • Migration
  • Application Migration
    App migration to the cloud for low-cost refresh cycles.
  • BigQuery Data Transfer Service
    Data import service for scheduling and moving data into BigQuery.
  • Cloud Foundation Toolkit
    Reference templates for Deployment Manager and Terraform.
  • Database Migration Service
    Serverless, minimal downtime migrations to Cloud SQL.
  • Migrate for Anthos
    Components for migrating VMs into system containers on GKE.
  • Migrate for Compute Engine
    Components for migrating VMs and physical servers to Compute Engine.
  • Rapid Assessment & Migration Program (RAMP)
    End-to-end migration program to simplify your path to the cloud.
  • Transfer Appliance
    Storage server for moving large volumes of data to Google Cloud.
  • Storage Transfer Service
    Data transfers from online and on-premises sources to Cloud Storage.
  • VMware Engine
    Migrate and run your VMware workloads natively on Google Cloud.
  • Networking
  • Cloud Armor
    Security policies and defense against web and DDoS attacks.
  • Cloud CDN
    Content delivery network for serving web and video content.
  • Cloud DNS
    Domain name system for reliable and low-latency name lookups.
  • Cloud Load Balancing
    Service for distributing traffic across applications and regions.
  • Cloud NAT
    NAT service for giving private instances internet access.
  • Hybrid Connectivity
    Connectivity options for VPN, peering, and enterprise needs.
  • Network Connectivity Center
    Connectivity management to help simplify and scale networks.
  • Network Intelligence Center
    Network monitoring, verification, and optimization platform.
  • Network Service Tiers
    Cloud network options based on performance, availability, and cost.
  • Traffic Director
    Traffic control pane and management for open service mesh.
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  • See all networking products
  • Operations
  • Cloud Logging
    Google Cloud audit, platform, and application logs management.
  • Cloud Monitoring
    Infrastructure and application health with rich metrics.
  • Error Reporting
    Application error identification and analysis.
  • Kubernetes Engine Monitoring
    GKE app development and troubleshooting.
  • Cloud Trace
    Tracing system collecting latency data from applications.
  • Cloud Profiler
    CPU and heap profiler for analyzing application performance.
  • Cloud Debugger
    Real-time application state inspection and in-production debugging.
  • Intelligent Operations
    Tools for easily optimizing performance, security, and cost.
  • Security and Identity
  • Cloud IAM
    Permissions management system for Google Cloud resources.
  • Assured Workloads
    Compliance and security controls for sensitive workloads.
  • Cloud Key Management
    Manage encryption keys on Google Cloud.
  • Confidential Computing
    Encrypt data in use with Confidential VMs.
  • Security Command Center
    Platform for defending against threats to your Google Cloud assets.
  • Cloud Data Loss Prevention
    Sensitive data inspection, classification, and redaction platform.
  • Managed Service for Microsoft Active Directory
    Hardened service running Microsoft® Active Directory (AD).
  • Access Transparency
    Cloud provider visibility through near real-time logs.
  • Titan Security Key
    Two-factor authentication device for user account protection.
  • Secret Manager
    Store API keys, passwords, certificates, and other sensitive data.
  • BeyondCorp Enterprise
    Zero trust solution for secure application and resource access.
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  • See all security and identity products
  • Serverless Computing
  • Cloud Run
    Fully managed environment for running containerized apps.
  • Cloud Functions
    Platform for creating functions that respond to cloud events.
  • App Engine
    Serverless application platform for apps and back ends.
  • Workflows
    Workflow orchestration for serverless products and API services.
  • Storage
  • All Storage Products
    Cloud-based storage services for your business.
  • Cloud Storage
    Object storage that’s secure, durable, and scalable.
  • Filestore
    File storage that is highly scalable and secure.
  • Persistent Disk
    Block storage for virtual machine instances running on Google Cloud.
  • Cloud Storage for Firebase
    Object storage for storing and serving user-generated content.
  • Local SSD
    Block storage that is locally attached for high-performance needs.
  • Storage Transfer Service
    Data transfers from online and on-premises sources to Cloud Storage.
  • Google Workspace Essentials
    Secure video meetings and modern collaboration for teams.
Pricing
  • Save money with our transparent approach to pricing
  • Google Cloud's pay-as-you-go pricing offers automatic savings based on monthly usage and discounted rates for prepaid resources. Contact us today to get a quote.
  • Request a quote
  • Google Cloud
  • Pricing overview
    Pay only for what you use with no lock-in.
  • Price list
    Get pricing details for individual products.
  • Pricing calculator
    Calculate your cloud savings.
  • Google Cloud Free Program
    $300 in free credits and 20+ free products.
  • Related Products
  • Google Workspace
  • Google Maps Platform
  • Chrome Enterprise
  • Apigee
  • Looker
  • Firebase
Getting started
  • Get started with Google Cloud
  • Start building right away on our secure, intelligent platform. New customers get $300 in free credits to use toward Google Cloud products and services.
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  • Self-service Resources
  • Get started
    Get started with Google Cloud.
  • Developer Center
    Stay in the know and become an Innovator.
  • Google Cloud certification
    Prepare and register for certifications.
  • Expert help and training
  • Consulting
    Partner with our experts on cloud projects.
  • Technical Account Management
    Get ongoing guidance from Google.
  • Training
    Enroll in on-demand or classroom training.
  • Partners and third-party tools
  • Google Cloud partners
    Explore benefits of working with a partner.
  • Become a partner
    Join the Partner Advantage program.
  • Google Cloud Marketplace
    Deploy ready-to-go solutions in a few clicks.
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  • Application Modernization
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  • Unlocking Legacy Applications Using APIs
  • Open Banking APIx
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  • Infrastructure Modernization
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  • SAP on Google Cloud
  • High Performance Computing
  • Windows on Google Cloud
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  • Google Workspace Essentials
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  • Web App and API Protection
  • Security and Resilience Framework
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  • See all products (100+)
  • AI and Machine Learning
  • Vertex AI
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  • Translation AI
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  • Vision AI
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  • See all AI and machine learning products
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  • AppSheet
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  • Compute Engine
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  • Migrate for Compute Engine
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  • See all compute products
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  • See all data analytics products
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  • AlloyDB for PostgreSQL
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NVIDIA Third Party Terms

The NVIDIA software components used in conjunction with the Services are subject to the terms and conditions below. In addition, the following NVIDIA software components: GRID, Tesla Driver, Cuda Toolkit, cuDNN, TensorRT, NVENC, NVCUVID, NVML and nvidia-aml, may be used solely with the Services for compute and offline graphics purposes.

(A) NVIDIA License Agreement - General

NVIDIA CLOUD END USER LICENSE AGREEMENT

Release Date: August 25, 2016

IMPORTANT — READ BEFORE DOWNLOADING, INSTALLING, COPYING OR USING THE LICENSED SOFTWARE This Cloud End User License Agreement (“EULA”), made and entered into as of the time and date of click through action (“Effective Date”), is a legal agreement between you and NVIDIA Corporation (“NVIDIA”) and governs the use of the NVIDIA computer software and the documentation made available for use with such NVIDIA software. By downloading, installing, copying, or otherwise using the NVIDIA software and/or documentation, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not download, install, copy or use the NVIDIA software or documentation. IF YOU ARE ENTERING INTO THIS EULA ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE ENTITY TO THIS EULA, IN WHICH CASE “YOU” WILL MEAN THE ENTITY YOU REPRESENT. IF YOU DON’T HAVE SUCH AUTHORITY, OR IF YOU DON’T ACCEPT ALL THE TERMS AND CONDITIONS OF THIS EULA, THEN NVIDIA DOES NOT AGREE TO LICENSE THE LICENSED SOFTWARE TO YOU, AND YOU MAY NOT DOWNLOAD, INSTALL, COPY OR USE IT.

1. LICENSE.

1.1 License Grant. Subject to the terms of this EULA, NVIDIA hereby grants you a non-exclusive, non-transferable license, without the right to sublicense, during the term of this EULA to access and use the Software for compute purposes and, if applicable, use Documentation provided with the Software as part of a software as a service solution provided to you by an approved NVIDIA cloud service provider. Compute purposes expressly excludes interactive graphics functionality.

1.2 Enterprise and Contractor Usage. You may allow your Enterprise employees and Contractors to access and use the Licensed Software pursuant to the terms in Section 1 solely to perform work on your behalf, provided further that with respect to Contractors: (i) you obtain a written agreement from each Contractor which contains terms and obligations with respect to access to and use of Licensed Software no less protective of NVIDIA than those set forth in this EULA, and (ii) such Contractor’s access and use expressly excludes any sublicensing or distribution rights for the Licensed Software. You are responsible for the compliance with the terms and conditions of this EULA by your Enterprise and Contractors. Any act or omission that if committed by you would constitute a breach of this EULA shall be deemed to constitute a breach of this EULA if committed by your Enterprise or Contractors.

1.3 No Support. NVIDIA is under no obligation to provide support for the Licensed Software or to provide any error corrections or updates to the Licensed Software under this EULA.

2. LIMITATIONS.

2.1 License Restrictions. Except as expressly authorized in this EULA, you agree that you will not (nor allow third parties to): (i) copy and use Software outside of the authorized software as a service solution; (ii) reverse engineer, decompile, disassemble (except to the extent applicable laws specifically require that such activities be permitted) or attempt to derive the source code, underlying ideas, algorithm or structure of Software provided to you in object code form; (iii) sell, transfer, assign, distribute, rent, loan, lease, sublicense or otherwise make available the Licensed Software or its functionality to third parties (a) as an application services provider or service bureau, (b) by operating hosted/virtual system environments, (c) by hosting, time sharing or providing any other type of services, or (d) otherwise by means of the internet; (iv) modify, translate or otherwise create any derivative works of any Licensed Software; (v) remove, alter, cover or obscure any proprietary notice that appears on or with the Licensed Software or any copies thereof; (vi) use the Licensed Software, or allow its use, transfer, transmission or export in violation of any applicable export control laws, rules or regulations; (vii) distribute, permit access to, or sublicense the Licensed Software as a stand-alone product; (viii) bypass, disable, circumvent or remove any form of copy protection, encryption, security or digital rights management or authentication mechanism used by NVIDIA in connection with the Licensed Software, or use the Licensed Software together with any authorization code, serial number, or other copy protection device not supplied by NVIDIA directly or through an authorized reseller; (ix) use the Licensed Software for the purpose of developing competing products or technologies or assisting a third party in such activities; (x) use the Licensed Software 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, life support or other life critical application (“Critical Applications”), unless the parties have entered into a Critical Applications agreement; (xi) distribute any modification or derivative work you make to the Licensed Software under or by reference to the same name as used by NVIDIA; or (xii) use the Licensed Software in any manner that would cause the Licensed Software to become subject to an Open Source License. Nothing in this EULA shall be construed to give you a right to use, or otherwise obtain access to, any source code from which the Software or any portion thereof is compiled or interpreted. You acknowledge that NVIDIA does not design, test, manufacture or certify the Licensed Software 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.

2.2 Third Party License Obligations. You acknowledge and agree that the Licensed Software may include or incorporate third party technology (collectively “Third Party Components”), which is provided for use in or with the Software and not otherwise used separately. If the Licensed Software includes or incorporates Third Party Components, then the third-party pass-through terms and conditions (“Third Party Terms”) for the particular Third Party Component will be bundled with the Software or otherwise made available online as indicated by NVIDIA and will be incorporated by reference into this EULA. In the event of any conflict between the terms in this EULA and the Third Party Terms, the Third Party Terms shall govern. Copyright to Third Party Components are held by the copyright holders indicated in the copyright notices indicated in the Third Party Terms.

2.3 Limited Rights. Your rights in the Licensed Software are limited to those expressly granted in Section 1 and no other licenses are granted whether by implication, estoppel or otherwise. NVIDIA reserves all other rights, title and interest in and to the Licensed Software not expressly granted under this EULA.

3. CONFIDENTIALITY.

Neither party will use the other party’s Confidential Information, except as necessary for the performance of this EULA, nor will either party disclose such Confidential Information to any third party, except to personnel of NVIDIA or its Affiliates, you, your Enterprise or your Contractors that have a need to know such Confidential Information for the performance of this EULA, provided that each such personnel, employee and Contractor is subject to a written agreement that includes confidentiality obligations consistent with those set forth herein. Each party will use all reasonable efforts to maintain the confidentiality of all of the other party’s Confidential Information in its possession or control, but in no event less than the efforts that it ordinarily uses with respect to its own Confidential Information of similar nature and importance. The foregoing obligations will not restrict either party from disclosing the other party’s Confidential Information or the terms and conditions of this EULA as required under applicable securities regulations or pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the party required to make such disclosure (i) gives reasonable notice to the other party to enable it to contest such order or requirement prior to its disclosure (whether through protective orders or otherwise), (ii) uses reasonable effort to obtain confidential treatment or similar protection to the fullest extent possible to avoid such public disclosure, and (iii) discloses only the minimum amount of information necessary to comply with such requirements.

4. OWNERSHIP.

The Licensed Software and all modifications, and the respective Intellectual Property Rights therein, are and will remain the sole and exclusive property of NVIDIA and its licensors, whether the Licensed Software is separate from or combined with any other products or materials. You shall not engage in any act or omission that would impair NVIDIA’s and/or its licensors’ Intellectual Property Rights in the Licensed Software or any other materials, information, processes or subject matter proprietary to NVIDIA. NVIDIA’s licensors are intended third party beneficiaries with the right to enforce provisions of this EULA with respect to their Confidential Information and/or Intellectual Property Rights.

5. FEEDBACK.

You have no obligation to provide Feedback to NVIDIA. However, NVIDIA or its Affiliates may use and include any Feedback that you provide to improve the Licensed Software or other NVIDIA products, technologies or materials. Accordingly, if you provide Feedback, you agree that NVIDIA or its Affiliates, at their option, may, and may permit their licensees, to make, have made, use, have used, reproduce, license, distribute and otherwise commercialize the Feedback in the Licensed Software or in other NVIDIA products, technologies or materials without the payment of any royalties or fees to you. All Feedback becomes the sole property of NVIDIA and may be used in any manner NVIDIA sees fit, and you hereby assign to NVIDIA all of your right, title and interest in and to any Feedback. NVIDIA has no obligation to respond to Feedback or to incorporate Feedback into the Licensed Software.

6. NO WARRANTIES.

THE LICENSED SOFTWARE AND NVIDIA CONFIDENTIAL INFORMATION (IF ANY PROVIDED) ARE PROVIDED BY NVIDIA “AS IS” AND “WITH ALL FAULTS,” AND NVIDIA EXPRESSLY DISCLAIMS ALL OTHER 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. NVIDIA DOES NOT WARRANT THAT THE LICENSED SOFTWARE OR NVIDIA CONFIDENTIAL INFORMATION WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT NVIDIA’S OBLIGATIONS UNDER THIS EULA ARE FOR THE BENEFIT OF YOU ONLY. Nothing in this warranty section affects any statutory rights of consumers or other recipients to the extent that they cannot be waived or limited by contract under applicable law.

7. 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 (INCLUDING, WITHOUT LIMITATION, 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 THIS EULA OR THE USE OR PERFORMANCE OF THE LICENSED SOFTWARE AND NVIDIA CONFIDENTIAL INFORMATION (IF ANY PROVIDED), 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 AND WHETHER OR NOT NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NVIDIA’S TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THIS EULA EXCEED TEN U.S. DOLLARS (US$10.00). THE NATURE OF THE LIABILITY, THE NUMBER OF CLAIMS OR SUITS OR THE NUMBER OF PARTIES WITHIN YOUR ENTERPRISE THAT ACCEPTED THE TERMS OF THIS EULA 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 this EULA form an essential basis of the bargain between the parties, and, absent any such disclaimers, exclusions or limitations of liability, the provisions of this EULA, including, without limitation, the economic terms, would be substantially different.

8. TERM AND TERMINATION.

This EULA and your license rights hereunder shall become effective upon the Effective Date and shall remain in effect for the duration of your licenses, unless earlier terminated as provided in this section. This EULA may be terminated upon written notice in the event of breach of any of the terms of this EULA. Termination of this EULA shall not release the parties from any liability which, at the time of termination, has already accrued or which thereafter may accrue with respect to any act or omission before termination, or from any obligation which is expressly stated in this EULA to survive termination. Notwithstanding the foregoing, the party terminating this EULA shall incur no additional liability merely by virtue of such termination. Termination of this EULA regardless of cause or nature shall be without prejudice to any other rights or remedies of the parties and shall be without liability for any loss or damage occasioned thereby. Upon any expiration or termination of this EULA (i) you must promptly discontinue use of the Licensed Software, and (ii) you must promptly destroy or return to NVIDIA all copies of the Licensed Software and all portions thereof in your possession or control, and each party will promptly destroy or return to the other all of the other party’s Confidential Information within its possession or control. Upon written request, you will certify in writing that you have complied with your obligations under this section. Sections 2 through 10 will survive the expiration or termination of this EULA for any reason.

9. CONSENT TO COLLECTION AND USE OF INFORMATION.

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 https://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.

10.3 U.S. Government Legend. The Licensed Software has been developed entirely at private expense and is “commercial items” consisting of “commercial computer software” and “commercial computer software documentation” provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject 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.

10.4 Export Control. You acknowledge that the Licensed Software described under this EULA 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, reexport or transfer in-country the Licensed Software without first obtaining any license or other approval that may be required by 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 Licensed Software. By accepting this EULA, 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 Licensed Software.

10.5 General. This EULA constitutes the entire agreement of the parties with respect to the subject matter hereto and supersede all prior negotiations, conversations, or discussions between the parties relating to the subject matter hereto, oral or written, and all past dealings or industry custom. Any additional and/or conflicting terms and conditions on purchase order(s) or any other documents issued by you are null, void, and invalid. This EULA and the rights and obligations hereunder may not be assigned by you, in whole or in part, including by merger, consolidation, dissolution, operation of law, or any other manner, without written consent of NVIDIA, and any purported assignment in violation of this provision shall be void and of no effect. NVIDIA may assign, delegate or transfer this EULA and its rights and obligations hereunder, and if to a non-Affiliate you will be notified. Each party acknowledges and agrees that the other is an independent contractor in the performance of this EULA, and each party is solely responsible for all of its employees, agents, contractors, and labor costs and expenses arising in connection therewith. The parties are not partners, joint ventures or otherwise affiliated, and neither has any authority to make any statements, representations or commitments of any kind to bind the other party without prior written consent. Neither party will be responsible for any failure or delay in its performance under this EULA (except for any payment obligations) to the extent due to causes beyond its reasonable control for so long as such event of force majeure continues in effect. This EULA will be governed by and construed under the laws of the State of Delaware and the United States without regard to the conflicts of law provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The parties consent to the personal jurisdiction of the federal and state courts located in Santa Clara County, California. You acknowledge and agree that a breach of any of your promises or agreements contained in this EULA may result in irreparable and continuing injury to NVIDIA for which monetary damages may not be an adequate remedy and therefore NVIDIA is entitled to seek injunctive relief as well as such other and further relief as may be appropriate. If any court of competent jurisdiction determines that any provision of this EULA is illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. Unless otherwise specified, remedies are cumulative. Any amendment or waiver under this EULA must be in writing and signed by representatives of both parties. Any notice delivered by NVIDIA to you under this EULA will be delivered via mail, email or fax. Please direct your legal notices or other correspondence to NVIDIA Corporation, 2701 San Tomas Expressway, Santa Clara, California 95050, United States of America, Attention: Legal Department.

GLOSSARY OF TERMS

Certain capitalized terms, if not otherwise defined elsewhere in this EULA, shall have the meanings set forth below:

a. “Affiliate” means any legal entity that Owns, is Owned by, or is commonly Owned with a party. “Own” means having more than 50% ownership or the right to direct the management of the entity.

b. “Confidential Information” means the Licensed Software (unless made publicly available by NVIDIA without confidentiality obligations), and any NVIDIA business, marketing, pricing, research and development, know-how, technical, scientific, financial status, proposed new products or other information disclosed by NVIDIA to you which, at the time of disclosure, is designated in writing as confidential or proprietary (or like written designation), or orally identified as confidential or proprietary or is otherwise reasonably identifiable by parties exercising reasonable business judgment, as confidential. Confidential Information does not and will not include information that: (i) is or becomes generally known to the public through no fault of or breach of this EULA by the receiving party; (ii) is rightfully known by the receiving party at the time of disclosure without an obligation of confidentiality; (iii) is independently developed by the receiving party without use of the disclosing party’s Confidential Information; or (iv) is rightfully obtained by the receiving party from a third party without restriction on use or disclosure.

c. “Contractor” means an individual who works primarily for your Enterprise on a contractor basis from your secure network.

d. “Documentation” means the NVIDIA documentation made available for use with the Software, including (without limitation) user manuals, datasheets, operations instructions, installation guides, release notes and other materials provided to you under this EULA.

e. “Enterprise” means you or any company or legal entity for which you accepted the terms of this EULA, and their subsidiaries of which your company or legal entity owns more than fifty percent (50%) of the issued and outstanding equity.

f. “Feedback” means any and all suggestions, feature requests, comments or other feedback regarding the Licensed Software, including possible enhancements or modifications thereto.

g. “Intellectual Property Rights” means all patent, copyright, trademark, trade secret, trade dress, trade names, utility models, mask work, moral rights, rights of attribution or integrity service marks, master recording and music publishing rights, performance rights, author’s rights, database rights, registered design rights and any applications for the protection or registration of these rights, or other intellectual or industrial property rights or proprietary rights, howsoever arising and in whatever media, whether now known or hereafter devised, whether or not registered, (including all claims and causes of action for infringement, misappropriation or violation and all rights in any registrations and renewals), worldwide and whether existing now or in the future.

h. “Licensed Software” means Software, Documentation and all modifications thereto.

i. “Open Source License” includes, without limitation, a software license that requires as a condition of use, modification, and/or distribution of such software that the Software be (i) disclosed or distributed in source code form; (ii) be licensed for the purpose of making derivative works; or (iii) be redistributable at no charge.

j. “Software” means the NVIDIA software programs licensed to you under this EULA including, without limitation, libraries, sample code, utility programs and programming code.

(B) NVIDIA License Agreement for GRID

NVIDIA CLOUD END USER LICENSE AGREEMENT

(ONE LICENSE PER EACH GOOGLE CLOUD PLATFORM CONNECTED USER)

Release Date: September 18, 2017

IMPORTANT — READ BEFORE DOWNLOADING, INSTALLING, COPYING OR USING THE LICENSED SOFTWARE This Cloud End User License Agreement (“EULA”), made and entered into as of the time and date of click through action (“Effective Date”), is a legal agreement between you and NVIDIA Corporation (“NVIDIA”) and governs the use of the NVIDIA computer software and the documentation made available for use with such NVIDIA software. By downloading, installing, copying, or otherwise using the NVIDIA software and/or documentation, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not download, install, copy or use the NVIDIA software or documentation. IF YOU ARE ENTERING INTO THIS EULA ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE ENTITY TO THIS EULA, IN WHICH CASE “YOU” WILL MEAN THE ENTITY YOU REPRESENT. IF YOU DON’T HAVE SUCH AUTHORITY, OR IF YOU DON’T ACCEPT ALL THE TERMS AND CONDITIONS OF THIS EULA, THEN NVIDIA DOES NOT AGREE TO LICENSE THE LICENSED SOFTWARE TO YOU, AND YOU MAY NOT DOWNLOAD, INSTALL, COPY OR USE IT.

1. LICENSE.

1.1 License Grant. Subject to the terms of this EULA, NVIDIA hereby grants you a nonexclusive, non-transferable license, without the right to sublicense, during the term of this EULA to access and use the Software as part of the Google Cloud Platform solution provided to you by an approved service provider for virtual workstation and/or compute purposes only, in accordance with the Documentation (if any provided). Each CCU requires a separate license. “Concurrent Connected Users” or “CCUs” means individual users simultaneously accessing or using the Software, in the context of using the software as a service solution. Each license provided under this EULA is provided for use within the Google Cloud Platform solution.

1.2 Enterprise and Contractor Usage. You may allow your Enterprise employees and Contractors to access and use the Licensed Software pursuant to the terms in Section 1 solely to perform work on your behalf, provided further that with respect to Contractors: (i) you obtain a written agreement from each Contractor which contains terms and obligations with respect to access to and use of Licensed Software no less protective of NVIDIA than those set forth in this EULA, and (ii) such Contractor’s access and use expressly excludes any sublicensing or distribution rights for the Licensed Software. You are responsible for the compliance with the terms and conditions of this EULA by your Enterprise and Contractors. Any act or omission that if committed by you would constitute a breach of this EULA shall be deemed to constitute a breach of this EULA if committed by your Enterprise or Contractors.

1.3 No Support. NVIDIA is under no obligation to provide support for the Licensed Software or to provide any error corrections or updates to the Licensed Software under this EULA.

2. LIMITATIONS.

2.1 License Restrictions. Except as expressly authorized in this EULA, you agree that you will not (nor allow third parties to): (i) copy and use Software outside of the authorized software as a service solution; (ii) reverse engineer, decompile, disassemble (except to the extent applicable laws specifically require that such activities be permitted) or attempt to derive the source code, underlying ideas, algorithm or structure of Software provided to you in object code form; (iii) sell, transfer, assign, distribute, rent, loan, lease, sublicense or otherwise make available the Licensed Software or its functionality to third parties (a) as an application services provider or service bureau, (b) by operating hosted/virtual system environments, (c) by hosting, time sharing or providing any other type of services, or (d) otherwise by means of the internet; (iv) modify, translate or otherwise create any derivative works of any Licensed Software; (v) remove, alter, cover or obscure any proprietary notice that appears on or with the Licensed Software or any copies thereof; (vi) use the Licensed Software, or allow its use, transfer, transmission or export in violation of any applicable export control laws, rules or regulations; (vii) distribute, permit access to, or sublicense the Licensed Software as a stand-alone product; (viii) bypass, disable, circumvent or remove any form of copy protection, encryption, security or digital rights management or authentication mechanism used by NVIDIA in connection with the Licensed Software, or use the Licensed Software together with any authorization code, serial number, or other copy protection device not supplied by NVIDIA directly or through an authorized reseller; (ix) use the Licensed Software for the purpose of developing competing products or technologies or assisting a third party in such activities; (x) use the Licensed Software 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, life support or other life critical application (“Critical Applications”), unless the parties have entered into a Critical Applications agreement; (xi) distribute any modification or derivative work you make to the Licensed Software under or by reference to the same name as used by NVIDIA; or (xii) use the Licensed Software in any manner that would cause the Licensed Software to become subject to an Open Source License. Nothing in this EULA shall be construed to give you a right to use, or otherwise obtain access to, any source code from which the Software or any portion thereof is compiled or interpreted. You acknowledge that NVIDIA does not design, test, manufacture or certify the Licensed Software 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. 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 the AGREEMENT or any other breach of the terms of this EULA.

2.2 Third Party License Obligations. The Licensed Software 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 the Licensed Software and not otherwise used separately. Copyright to Third Party Software is held by the copyright holders indicated in the Third Party License Terms.

2.3 Limited Rights. Your rights in the Licensed Software are limited to those expressly granted in Section 1 and no other licenses are granted whether by implication, estoppel or otherwise. NVIDIA reserves all other rights, title and interest in and to the Licensed Software not expressly granted under this EULA.

3. CONFIDENTIALITY.

Neither party will use the other party’s Confidential Information, except as necessary for the performance of this EULA, nor will either party disclose such Confidential Information to any third party, except to personnel of NVIDIA or its Affiliates, you, your Enterprise or your Contractors that have a need to know such Confidential Information for the performance of this EULA, provided that each such personnel, employee and Contractor is subject to a written agreement that includes confidentiality obligations consistent with those set forth herein. Each party will use all reasonable efforts to maintain the confidentiality of all of the other party’s Confidential Information in its possession or control, but in no event less than the efforts that it ordinarily uses with respect to its own Confidential Information of similar nature and importance. The foregoing obligations will not restrict either party from disclosing the other party’s Confidential Information or the terms and conditions of this EULA as required under applicable securities regulations or pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the party required to make such disclosure (i) gives reasonable notice to the other party to enable it to contest such order or requirement prior to its disclosure (whether through protective orders or otherwise), (ii) uses reasonable effort to obtain confidential treatment or similar protection to the fullest extent possible to avoid such public disclosure, and (iii) discloses only the minimum amount of information necessary to comply with such requirements.

4. OWNERSHIP.

The Licensed Software and all modifications, and the respective Intellectual Property Rights therein, are and will remain the sole and exclusive property of NVIDIA or its licensors, whether the Licensed Software is separate from or combined with any other products or materials. You shall not engage in any act or omission that would impair NVIDIA’s and/or its licensors’ Intellectual Property Rights in the Licensed Software or any other materials, information, processes or subject matter proprietary to NVIDIA. NVIDIA’s licensors are intended third party beneficiaries with the right to enforce provisions of this EULA with respect to their Confidential Information and/or Intellectual Property Rights.

5. FEEDBACK.

You have no obligation to provide Feedback to NVIDIA. However, NVIDIA and/or its Affiliates may use and include any Feedback that you provide to improve the Licensed Software or other NVIDIA products, technologies or materials. Accordingly, if you provide Feedback, you agree that NVIDIA and/or its Affiliates, at their option, may, and may permit their licensees, to make, have made, use, have used, reproduce, license, distribute and otherwise commercialize the Feedback in the Licensed Software or in other NVIDIA products, technologies or materials without the payment of any royalties or fees to you. All Feedback becomes the sole property of NVIDIA and may be used in any manner NVIDIA sees fit, and you hereby assign to NVIDIA all of your right, title and interest in and to any Feedback. NVIDIA has no obligation to respond to Feedback or to incorporate Feedback into the Licensed Software.

6. NO WARRANTIES.

THE LICENSED SOFTWARE AND NVIDIA CONFIDENTIAL INFORMATION (IF ANY PROVIDED) ARE PROVIDED BY NVIDIA “AS IS” AND “WITH ALL FAULTS,” AND NVIDIA EXPRESSLY DISCLAIMS ALL OTHER 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. NVIDIA DOES NOT WARRANT THAT THE LICENSED SOFTWARE OR NVIDIA CONFIDENTIAL INFORMATION WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT NVIDIA’S OBLIGATIONS UNDER THIS EULA ARE FOR THE BENEFIT OF YOU ONLY. Nothing in this warranty section affects any statutory rights of consumers or other recipients to the extent that they cannot be waived or limited by contract under applicable law.

7. 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, LOSS OF GOODWILL, OR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE USE OR PERFORMANCE OF THE LICENSED SOFTWARE AND NVIDIA CONFIDENTIAL INFORMATION (IF ANY PROVIDED), 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 AND WHETHER OR NOT NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NVIDIA’S TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THIS EULA EXCEED TEN U.S. DOLLARS (US$10.00). THE NATURE OF THE LIABILITY, THE NUMBER OF CLAIMS OR SUITS OR THE NUMBER OF PARTIES WITHIN YOUR ENTERPRISE THAT ACCEPTED THE TERMS OF THIS EULA 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 this EULA form an essential basis of the bargain between the parties, and, absent any such disclaimers, exclusions or limitations of liability, the provisions of this EULA, including, without limitation, the economic terms, would be substantially different.

8. TERM AND TERMINATION.

This EULA and your license rights hereunder shall become effective upon the Effective Date and shall remain in effect for the duration of your licenses, unless earlier terminated as provided in this section. This EULA may be terminated upon written notice in the event of breach of any of the terms of this EULA. Termination of this EULA shall not release the parties from any liability which, at the time of termination, has already accrued or which thereafter may accrue with respect to any act or omission before termination, or from any obligation which is expressly stated in this EULA to survive termination. Notwithstanding the foregoing, the party terminating this EULA shall incur no additional liability merely by virtue of such termination. Termination of this EULA regardless of cause or nature shall be without prejudice to any other rights or remedies of the parties and shall be without liability for any loss or damage occasioned thereby. Upon any expiration or termination of this EULA (i) you must promptly discontinue use of the Licensed Software, and (ii) you must promptly destroy or return to NVIDIA all copies of the Licensed Software and all portions thereof in your possession or control, and each party will promptly destroy or return to the other all of the other party’s Confidential Information within its possession or control. Upon written request, you will certify in writing that you have complied with your obligations under this section. Sections 2 through 10 will survive the expiration or termination of this EULA for any reason.

9. CONSENT TO COLLECTION AND USE OF INFORMATION.

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 https://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 U.S. Government Legend. The Licensed Software has been developed entirely at private expense and is “commercial items” consisting of “commercial computer software” and “commercial computer software documentation” provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject 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.

10.3 Export Control. You acknowledge that the Licensed Software described under this EULA 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, reexport or transfer in-country the Licensed Software without first obtaining any license or other approval that may be required by 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 Licensed Software. By accepting this EULA, 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 Licensed Software.

10.4 General. This EULA constitutes the entire agreement of the parties with respect to the subject matter hereto and supersede all prior negotiations, conversations, or discussions between the parties relating to the subject matter hereto, oral or written, and all past dealings or industry custom. Any additional and/or conflicting terms and conditions on purchase order(s) or any other documents issued by you are null, void, and invalid. This EULA and the rights and obligations hereunder may not be assigned by you, in whole or in part, including by merger, consolidation, dissolution, operation of law, or any other manner, without written consent of NVIDIA, and any purported assignment in violation of this provision shall be void and of no effect. NVIDIA may assign, delegate or transfer this EULA and its rights and obligations hereunder, and if to a non-Affiliate you will be notified. Each party acknowledges and agrees that the other is an independent contractor in the performance of this EULA, and each party is solely responsible for all of its employees, agents, contractors, and labor costs and expenses arising in connection therewith. The parties are not partners, joint ventures or otherwise affiliated, and neither has any authority to make any statements, representations or commitments of any kind to bind the other party without prior written consent. Neither party will be responsible for any failure or delay in its performance under this EULA (except for any payment obligations) to the extent due to causes beyond its reasonable control for so long as such event of force majeure continues in effect. This EULA will be governed by and construed under the laws of the State of Delaware and the United States without regard to the conflicts of law provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The parties consent to the personal jurisdiction of the federal and state courts located in Santa Clara County, California. You acknowledge and agree that a breach of any of your promises or agreements contained in this EULA may result in irreparable and continuing injury to NVIDIA for which monetary damages may not be an adequate remedy and therefore NVIDIA is entitled to seek injunctive relief as well as such other and further relief as may be appropriate. If any court of competent jurisdiction determines that any provision of this EULA is illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. Unless otherwise specified, remedies are cumulative. Any amendment or waiver under this EULA must be in writing and signed by representatives of both parties. Any notice delivered by NVIDIA to you under this EULA will be delivered via mail, email or fax. Please direct your legal notices or other correspondence to NVIDIA Corporation, 2701 San Tomas Expressway, Santa Clara, California 95050, United States of America, Attention: Legal Department.

GLOSSARY OF TERMS

Certain capitalized terms, if not otherwise defined elsewhere in this EULA, shall have the meanings set forth below:

a. “Affiliate” means any legal entity that Owns, is Owned by, or is commonly Owned with a party. “Own” means having more than 50% ownership or the right to direct the management of the entity.

b. “Confidential Information” means the Licensed Software (unless made publicly available by NVIDIA without confidentiality obligations), and any NVIDIA business, marketing, pricing, research and development, know-how, technical, scientific, financial status, proposed new products or other information disclosed by NVIDIA to you which, at the time of disclosure, is designated in writing as confidential or proprietary (or like written designation), or orally identified as confidential or proprietary or is otherwise reasonably identifiable by parties exercising reasonable business judgment, as confidential. Confidential Information does not and will not include information that: (i) is or becomes generally known to the public through no fault of or breach of this EULA by the receiving party; (ii) is rightfully known by the receiving party at the time of disclosure without an obligation of confidentiality; (iii) is independently developed by the receiving party without use of the disclosing party’s Confidential Information; or (iv) is rightfully obtained by the receiving party from a third party without restriction on use or disclosure.

c. “Contractor” means an individual who works primarily for your Enterprise on a contractor basis from your secure network.

d. “Documentation” means the NVIDIA documentation made available for use with the Software, including (without limitation) user manuals, datasheets, operations instructions, installation guides, release notes and other materials provided to you under this EULA.

e. “Enterprise” means you or any company or legal entity for which you accepted the terms of this EULA, and their subsidiaries of which your company or legal entity owns more than fifty percent (50%) of the issued and outstanding equity.

f. “Feedback” means any and all suggestions, feature requests, comments or other feedback regarding the Licensed Software, including possible enhancements or modifications thereto.

g. “Intellectual Property Rights” means all patent, copyright, trademark, trade secret, trade dress, trade names, utility models, mask work, moral rights, rights of attribution or integrity service marks, master recording and music publishing rights, performance rights, author’s rights, database rights, registered design rights and any applications for the protection or registration of these rights, or other intellectual or industrial property rights or proprietary rights, howsoever arising and in whatever media, whether now known or hereafter devised, whether or not registered, (including all claims and causes of action for infringement, misappropriation or violation and all rights in any registrations and renewals), worldwide and whether existing now or in the future.

h. “Licensed Software” means Software, Documentation and all modifications thereto.

i. “Open Source License” includes, without limitation, a software license that requires as a condition of use, modification, and/or distribution of such software that the Software be (i) disclosed or distributed in source code form; (ii) be licensed for the purpose of making derivative works; or (iii) be redistributable at no charge.

j. “Software” means the NVIDIA software programs licensed to you under this EULA including, without limitation, libraries, sample code, utility programs and programming code.

Previous versions (Last modified April 25, 2022)
July 28, 2021
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