There is a patent from NVIDIA for utilizing GPU. If I want to use CUDA Toolkit in my program, which NVIDIA is giving for free, am I infringing the patent? I am not directly using the described method, but I think that is happening inside of the whole program that is actually NVIDIA providing (and I even don't have access to that). Even with accepting the CUDA EULA Agreement (which permits "Install and use the SDK") does it still mean that I still can be sued from NVIDIA for using the patent? Or NVIDIA is fine by this because what's the point providing something for free to all and in the same time having ammunition to sue someone?
NVIDIA's business model is selling hardware GPUs. Reading the EULA section on licensing would seem to indicate that you can freely use the CUDA Toolkit so long as you abide by the license restrictions which include not reverse engineering the code or using the software with non-NVIDIA hardware.
As such I believe this is really about licensing and not patents. I am not a lawyer and this is not a legal opinion. You might get some value posting the question on the SE Law site. Also, simply contacting NVIDIA and asking may prove helpful.