Can't wait for a court to toss that particular one out. "Consumers who purchase a product containing a copy of embedded software have the inherent legal right to use that copy of the software" (Chamberlain v. Skylink)
AFAIK Nvidia restricts which GPUs you can run in a datacenter, so you cannot buy, for instance, RTX 4090 and use it in a datacenter. You need to buy the datacenter, and much more expensive, cards.
Makes me wonder if you could first-sale-doctrine your way out of that problem by buying the GPUs on eBay and not making any agreement with Nvidia.