The LICENSE variable in the nvidia-cuda-toolkit ebuilds currently says NVIDIA-r1, courtesy of zerochaos. It shouldn't have said NVIDIA to begin with - there are many subtle differences between the NVIDIA-r1 in the portage tree which governs the copyright of x11-drivers/nvidia-drivers, and the license in doc/EULA.txt found in the nvidia-cuda-toolkit sources.
Bug #463872 is completely unrelated.
(In reply to comment #1) > Bug #463872 is completely unrelated. I had added the previous see also to explain why I (incorrectly) changed the license from NVIDIA to NVIDIA-r1. The bug had suggested that the NVIDIA license had changed and all things using it should be updated. I blindly did this instead of digging through the code and noticing that was not correct. As Jer correctly points out, this needs a little more tlc than I gave it.
+*nvidia-cuda-toolkit-5.5.22 (11 Aug 2013) + + 11 Aug 2013; Justin Lecher <jlec@gentoo.org> + nvidia-cuda-toolkit-4.2.9-r2.ebuild, nvidia-cuda-toolkit-4.2.9-r3.ebuild, + nvidia-cuda-toolkit-5.0.35-r2.ebuild, nvidia-cuda-toolkit-5.0.35-r3.ebuild, + nvidia-cuda-toolkit-5.0.35-r4.ebuild, +nvidia-cuda-toolkit-5.5.22.ebuild: + Version Bump, #479374; fix license, #466576 +