Nvidia may be using an EULA to try and make people not use a translation layer, but if the EULA doesn’t apply or the consequences of breaking it don’t prevent you continuing then what Nvidia wants means diddly.
I don’t use CUDA or Nvidia so I don’t know but Google release Android Studio and have an EULA saying you can’t do bla bla bla. But Android Studio is open source so if I don’t use their binary and compile it myself then (as far as I know) their EULA doesn’t apply (only the open source license used before they added an EULA on top of it for distribution).