NVIDIA BlueField Enterprise Software

1. Scope.

Subject to the terms of your applicable EULA, NVIDIA agrees to provide the below services for the Supported Software based on the service subscription purchased during the applicable service term, solely on Certified System(s), and solely for the Supported OSs.

The services described in these support terms are provided by NVIDIA to you based on the then-current service subscription plan(s) available for the Supported Software. NVIDIA may update the scope of services under your service subscription plan and any such modifications are binding on you, provided that such modifications do not single you out.

2. Support Services.

• 2.1 Technical Support. If your service subscription to BES SOFTWARE licensed under the EULA above and BES supported software and materials includes Technical Support, subject to payment of applicable fees NVIDIA will make available to you Technical Support for the Supported Software during the service term. You will be permitted to designate in writing to NVIDIA designated users for purposes of obtaining Technical Support. NVIDIA will provide Technical Support to such designated users only via a dedicated support portal. NVIDIA will use commercially reasonable efforts to analyze each potential Technical Support issue to determine if it qualifies for service. NVIDIA shall issue a response to all potential Technical Support issues filed, provided no commitment is made with respect to the specific resolution.


• 2.2 Requirements and Availability. You shall (a) purchase the initial service subscription for a Supported Software only for the most current generally available version of the Supported Software, and (b) initially purchase subscriptions for all of your licenses of a Supported Software. . NVIDIA is not obligated to provide any services under these support terms for a Supported Software version after the end of support period to its licensees. NVIDIA is not obligated to initiate or renew any service subscription if such service subscription plan is no longer made available by NVIDIA.

3. Exclusions.

NVIDIA does not provide services under this supplement related to:

• (a) errors in your own or your licensors’ products that are not due to Errors in the Supported Software;


• (b) errors in firmware, software, materials, operating systems, applications, services or data used with the Supported Software;


• (c) use of any open-source software provided within Supported Software, except that NVIDIA may provide you information with respect to known bugs;


• (d) modifications to the Supported Software made by you or on your behalf, including customizations NVIDIA agreed to provide you under a consulting service agreement, or any modifications made by any third party without NVIDIA’s authorization;


• (e) your applications and data, or backing up and restoring them;


• (f) interoperability, compatibility or non-performance issues due to (i) products, software, or options not supported by NVIDIA; (ii) configurations not supported, provided or approved by NVIDIA; (iii) parts intended for one system installed in another system of different make or model; (iv) use of the BES SOFTWARE with non-NVIDIA hardware; or (v) non-supported BES software and materials or malware;


• (g) service necessary due to operator error, improper use of the Supported Software or attempted support by unauthorized persons;


• (h) use of the Supported Software outside of the scope of the applicable license agreement or documentation; or


• (i) to the extent the provision thereof would violate NVIDIA’s obligations to its third-party licensors and suppliers with respect to such third parties’ intellectual property.

Further, services under this supplement do not include any enhancement(s) or addition(s) to the Supported Software beyond Technical Support.

4. Your Responsibilities.

In order for NVIDIA to deliver services under this supplement, you agree that:

• (a) you are responsible for procuring, installing and maintaining all equipment and obtaining all consents for other software and other hardware necessary to operate the Supported Software;


• (b) you shall further provide through designated users such information, and/or access to your resources and personnel as NVIDIA may reasonably require for providing services. As examples, as reasonably requested you shall (i) identify the correct version(s) of Supported Software, (ii) provide the documentation and assistance necessary to demonstrate and diagnose each potential Technical Support issue, including providing necessary test cases that NVIDIA can reproduce on a Certified System, (iii) provide remote system access (upon mutual agreement) for NVIDIA to replicate potential Errors, and (iv) provide embedded diagnostic information;


• (c) you will appoint as designated users only those of your employees who have reasonably appropriate technical backgrounds and skills. You may remove or replace designated users during the service term with notice to NVIDIA; and


• (d) you will appoint, at NVIDIA’s request, designated service and engineering contacts for service issue escalations.

NVIDIA shall be excused from performing any of its obligations hereunder to the extent any such non-performance is attributable to your failure to perform your responsibilities under this section.

5. Definitions.

• i. “Certified Systems” means Supported OS platforms, corresponding hardware platforms, third party software and configuration details appearing on a list maintained by VMware and made available to you, or as otherwise approved by NVIDIA.


• ii. “Error(s)” means a reproducible defect, problem, logical error or bug in the Supported Software that constitutes a failure to comply substantially with the applicable documentation and is reported using standard NVIDIA procedures.


• iii. “Error Correction(s)” means adapting, re-configuring, or reprogramming the Supported Software to correct the Error(s).


• iv. “Supported OS” means the supported operating system(s) listed in conjunction with a particular Certified System.


• vi. “Supported Software” means (a) the BES licensed under the Agreement above, and (b) the BES software and materials authored or created by NVIDIA that are supported by NVIDIA as indicated by NVIDIA from time to time as supported as part of BES, and in both cases while under a current and valid license and for which you purchased service subscriptions and does not include any modifications made by you or a third party on your behalf, or any modifications to the Supported Software made by NVIDIA pursuant to a consulting services agreement.


• vii. “Technical Support” means the provision of telephone or web-based technical assistance to questions from designated users related to the installation, use and operation of the Supported Software, including basic instruction or assistance related to functional Errors in the Supported Software.