Can open source geforce rtx 4090 driver be used for inference purposes in the data center?

According to EULA, I understand that geforce rtx series gpu has been prohibited from data center since the past. However, I wonder if driver is still prohibited from using rtx gpu in data center for inference purposes even now that it is open source.
Additionally, I don’t want the support of using the geforce series in the data center, but I wonder if there is no license or legal issue for me to use it in the data center for commercial or research purposes.