"2.7 You may not use the Software for the purpose of developing competing products or technologies or assist a third party in such activities."
vs
"California’s public policy provides that every contract that restrains anyone from engaging in a lawful profession, trade, or business of any kind is, to that extent, void, except under limited statutory exceptions."
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml...
(Owner/Partner who sold business, may voluntarily agree to a noncompete, (which is now federally https://www.ftc.gov/legal-library/browse/rules/noncompete-ru... banned) is the only exception I found).
I'm not a lawyer. Any lawyers around? Could the 2nd provision invalidate the 1st, or not?
Question: why would NVIDIA, makers of general intelligence, which seems to compete with everyone, publish code for software nobody can use without breaking NVIDIA rules? Wouldn't it be better for everyone if they just kept that code private?
As for why the “to the extent” phrasing exists, consider an example: an employment contract consists of two clauses, A: that prevents the employee from disclosing confidential customer data to third parties, and B: a non-compete clause (which does come under the same provision mentioned by grandparent). If the employer ever sues an employee for violation of A, they shouldn’t be allowed to argue that they aren’t subject to it because of clause B.