I am considering building a commercial system consisting of a GPU-enabled desktop computer with pre-installed drivers and software. Nvidia makes a distinction between their GeForce and Tesla series in their EULA. The Tesla EULA says in Paragraph 2.1.2
Linux/FreeBSD Exception. Notwithstanding the foregoing terms of Section 2.1.1, SOFTWARE designed exclusively for use on the Linux or FreeBSD operating systems, or other operating systems derived from the source code to these operating systems, may be copied and redistributed, provided that the binary files thereof are not modified in any way (except for unzipping of compressed files).
I think, this would make a commercially sold stand-alone system possible as long as it has a linux core.
The GeForce EULA says that too, but they add in Paragraph 2.1.3:
No Sublicensing or Distribution. Customer may not sell, rent, sublicense, distribute or transfer the SOFTWARE; or use the SOFTWARE for public performance or broadcast; or provide commercial hosting services with the SOFTWARE.
Would that additional clause prohibit GeForce GPUs in the envisioned product?