In the case of Amazon, who is responsible? Amazon might provide the hardware to their customer via an EC2 instance, but it's the end customer who downloads, installs, and uses the driver. The EULA restriction is on using the driver, not the hardware.
This is true, but
(1) Amazon likely has special agreements with NVIDIA for all sorts of reasons, if they did this kind of thing against NVIDIAs wishes they'd just push back with those agreements (e.g. pricing on proper GPUs, etc)
(2) Many big customers won't like it
This kind of behavior works best for smaller players, who are the ones they don't really care about either.
