Good shout GCC. I'd been meaning to post about this.
I think the responsibility lies with both EVGA/NVIDIA and Amazon: EVGA/NVIDIA because no software, no matter how badly written, should be able to damage a graphics card. Also Amazon, because they shouldn't be writing game code which instantly stresses a graphics card to the max. That belongs to the realm of stress test utilities like Furmark, not games.
Here's a couple of videos from JayzTwoCents about this.