"provided that the software is executed only in supported NVIDIA GPU hardware products"

The title text is a snip from the license. Does it mean that an NVAPI-using app can only be sold to customers with nVidia kit? The only usage I’m considering is conditionally calling NvAPI_D3D11_MultiDrawIndexedInstancedIndirect() for speed if green hardware is present.


1.1 License Grant. Subject to the terms of this Agreement, NVIDIA hereby grants you a nonexclusive, non-transferable, worldwide, revocable, limited, royalty-free, fully paid-up license to during the term of this Agreement: (i) install, use and reproduce the software delivered by NVIDIA, make modifications and create derivative works of sample source code software delivered by NVIDIA and use documentation delivered by NVIDIA, provided that the software is executed only in supported NVIDIA GPU hardware products (as specified in the accompanying documentation, such as release notes) that you separately obtain from NVIDIA or its affiliates, all to develop, test and service your products (each, a “Customer Product”) that are interoperable with supported NVIDIA GPU hardware products; and (ii) sub-license and distribute in binary format the API library software and header files as delivered by NVIDIA and sample source code as delivered by NVIDIA or as modified by you, all as incorporated into a Customer Product for use by your recipients only in the supported NVIDIA GPU hardware products separately obtained, provided that: (a) all such distributions by you or your distribution channels are consistent with the terms of this Agreement; and (b) you must enter into enforceable agreements with your recipients that binds them to terms that are consistent with the terms set forth in this Agreement for their use of the software binaries, including (without limitation) terms relating to the license grant and license restrictions, confidentiality and protection of NVIDIA’s intellectual property rights in and to the software you distributed. You are liable for the distribution and the use of distributed software if you failed to comply or enforce the distribution requirements of this Agreement. You agree to notify NVIDIA in writing of any known or suspected use or distribution of the Licensed Software that are not in compliance with the terms of this Agreement.