How did they get the DLL then? Assume for a moment that everyone who got the SDK, got it from nVidia and agreed to that license. The wording of the license called out that anyone using the sdk would have licensing at least as strict as nVidia's. If you don't agree to some license, be it the EULA or the terms nVidia puts on their site, wouldn't that then be copyright infringement because you're not merely moving the DLL, you're copying it and making a copy of it every time someone downloads it. I wasn't even going to go there, but that seems like a worse position to be in.
What's wrong with shipping every version of the DLL with some dumb application using it again?