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For that interpretation of a contract to fly, you would have to argue that a reasonable person would believe that the meaning of datacenter is nothing more than
by marcoperaza 9y ago
For that interpretation of a contract to fly, you would have to argue that a reasonable person would believe that the meaning of datacenter is nothing more than “a thing that is called a datacenter”.
I should make a contract to sell you gold, take your money, then give you a pile of rotting wood and argue that I call it “gold”, so you have no remedy.
- gsich 9y agoWell yes. The definition of data center (which is laking from Nvidia) is very wide. My room in the house could be a data center. Besides that, since the contract wasn't made at the point of purchase (datacenter clause) I can ignore it anyway. Why should I give you money for rotting wood in the first place?
- marcoperaza 9y agoHave you never paid for something before receiving it? The whole point of the example is that you pay for a contract for gold, then I deliver rotting wood. Playing dumb about a definition doesn’t do much for you. Barring the other party having good reason to expect you to be confused, you are held to the objective meaning of a contract. And for all of the situations Nvidia cares about, it is obviously a datacenter.
- gsich 9y agoI have. If the quality or the product isnt the correct one, it goes back. I don't have a contract with Nvidia to begin with when buying cards. The driver EULA is hardly a contract.