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Copyright (c) 2022 Robin Rombach and Patrick Esser and contributors |
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CreativeML Open RAIL-M |
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dated August 22, 2022 |
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Section I: PREAMBLE |
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Multimodal generative models are being widely adopted and used, and have |
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the potential to transform the way artists, among other individuals, |
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conceive and benefit from AI or ML technologies as a tool for content |
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creation. |
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Notwithstanding the current and potential benefits that these artifacts |
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can bring to society at large, there are also concerns about potential |
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misuses of them, either due to their technical limitations or ethical |
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considerations. |
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In short, this license strives for both the open and responsible |
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downstream use of the accompanying model. When it comes to the open |
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character, we took inspiration from open source permissive licenses |
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regarding the grant of IP rights. Referring to the downstream responsible |
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use, we added use-based restrictions not permitting the use of the Model |
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in very specific scenarios, in order for the licensor to be able to |
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enforce the license in case potential misuses of the Model may occur. At |
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the same time, we strive to promote open and responsible research on |
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generative models for art and content generation. |
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Even though downstream derivative versions of the model could be released |
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under different licensing terms, the latter will always have to include - |
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at minimum - the same use-based restrictions as the ones in the original |
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license (this license). We believe in the intersection between open and |
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responsible AI development |
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between both in order to enable responsible open-science in the field of |
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AI. |
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This License governs the use of the model (and its derivatives) and is |
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informed by the model card associated with the model. |
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NOW THEREFORE, You and Licensor agree as follows: |
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1. Definitions |
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- "License" means the terms and conditions for use, reproduction, and |
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Distribution as defined in this document. |
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- "Data" means a collection of information and/or content extracted from |
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the dataset used with the Model, including to train, pretrain, or |
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otherwise evaluate the Model. The Data is not licensed under this |
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License. |
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- "Output" means the results of operating a Model as embodied in |
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informational content resulting therefrom. |
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- "Model" means any accompanying machine-learning based assemblies |
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(including checkpoints), consisting of learnt weights, parameters |
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(including optimizer states), corresponding to the model architecture as |
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embodied in the Complementary Material, that have been trained or tuned, |
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in whole or in part on the Data, using the Complementary Material. |
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- "Derivatives of the Model" means all modifications to the Model, works |
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based on the Model, or any other model which is created or initialized by |
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transfer of patterns of the weights, parameters, activations or output of |
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the Model, to the other model, in order to cause the other model to |
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perform similarly to the Model, including - but not limited to - |
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distillation methods entailing the use of intermediate data |
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representations or methods based on the generation of synthetic data by |
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the Model for training the other model. |
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- "Complementary Material" means the accompanying source code and scripts |
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used to define, run, load, benchmark or evaluate the Model, and used to |
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prepare data for training or evaluation, if any. This includes any |
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accompanying documentation, tutorials, examples, etc, if any. |
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- "Distribution" means any transmission, reproduction, publication or |
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other sharing of the Model or Derivatives of the Model to a third party, |
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including providing the Model as a hosted service made available by |
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electronic or other remote means - e.g. API-based or web access. |
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- "Licensor" means the copyright owner or entity authorized by the |
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copyright owner that is granting the License, including the persons or |
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entities that may have rights in the Model and/or distributing the Model. |
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- "You" (or "Your") means an individual or Legal Entity exercising |
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permissions granted by this License and/or making use of the Model for |
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whichever purpose and in any field of use, including usage of the Model |
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in an end-use application - e.g. chatbot, translator, image generator. |
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- "Third Parties" means individuals or legal entities that are not under |
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common control with Licensor or You. |
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- "Contribution" means any work of authorship, including the original |
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version of the Model and any modifications or additions to that Model or |
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Derivatives of the Model thereof, that is intentionally submitted to |
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Licensor for inclusion in the Model by the copyright owner or by an |
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individual or Legal Entity authorized to submit on behalf of the |
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copyright owner. For the purposes of this definition, "submitted" means |
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any form of electronic, verbal, or written communication sent to the |
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Licensor or its representatives, including but not limited to |
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communication on electronic mailing lists, source code control systems, |
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and issue tracking systems that are managed by, or on behalf of, the |
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Licensor for the purpose of discussing and improving the Model, but |
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excluding communication that is conspicuously marked or otherwise |
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designated in writing by the copyright owner as "Not a Contribution." |
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- "Contributor" means Licensor and any individual or Legal Entity on |
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behalf of whom a Contribution has been received by Licensor and |
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subsequently incorporated within the Model. |
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Section II: INTELLECTUAL PROPERTY RIGHTS |
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Both copyright and patent grants apply to the Model, Derivatives of the |
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Model and Complementary Material. The Model and Derivatives of the Model |
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are subject to additional terms as described in Section III. |
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2. Grant of Copyright License. Subject to the terms and conditions of |
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this License, each Contributor hereby grants to You a perpetual, |
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worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright |
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license to reproduce, prepare, publicly display, publicly perform, |
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sublicense, and distribute the Complementary Material, the Model, and |
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Derivatives of the Model. |
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3. Grant of Patent License. Subject to the terms and conditions of this |
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License and where and as applicable, each Contributor hereby grants to |
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You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, |
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irrevocable (except as stated in this paragraph) patent license to make, |
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have made, use, offer to sell, sell, import, and otherwise transfer the |
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Model and the Complementary Material, where such license applies only to |
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those patent claims licensable by such Contributor that are necessarily |
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infringed by their Contribution(s) alone or by combination of their |
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Contribution(s) with the Model to which such Contribution(s) was |
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submitted. If You institute patent litigation against any entity |
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(including a cross-claim or counterclaim in a lawsuit) alleging that the |
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Model and/or Complementary Material or a Contribution incorporated within |
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the Model and/or Complementary Material constitutes direct or |
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contributory patent infringement, then any patent licenses granted to You |
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under this License for the Model and/or Work shall terminate as of the |
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date such litigation is asserted or filed. |
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Section III: CONDITIONS OF USAGE, DISTRIBUTION AND REDISTRIBUTION |
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4. Distribution and Redistribution. You may host for Third Party remote |
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access purposes (e.g. software-as-a-service), reproduce and distribute |
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copies of the Model or Derivatives of the Model thereof in any medium, |
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with or without modifications, provided that You meet the following |
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conditions: |
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Use-based restrictions as referenced in paragraph 5 MUST be included as |
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an enforceable provision by You in any type of legal agreement (e.g. a |
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license) governing the use and/or distribution of the Model or |
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Derivatives of the Model, and You shall give notice to subsequent users |
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You Distribute to, that the Model or Derivatives of the Model are subject |
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to paragraph 5. This provision does not apply to the use of Complementary |
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Material. |
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You must give any Third Party recipients of the Model or Derivatives of |
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the Model a copy of this License; |
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You must cause any modified files to carry prominent notices stating that |
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You changed the files; |
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You must retain all copyright, patent, trademark, and attribution notices |
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excluding those notices that do not pertain to any part of the Model, |
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Derivatives of the Model. |
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You may add Your own copyright statement to Your modifications and may |
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provide additional or different license terms and conditions - respecting |
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paragraph 4.a. - for use, reproduction, or Distribution of Your |
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modifications, or for any such Derivatives of the Model as a whole, |
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provided Your use, reproduction, and Distribution of the Model otherwise |
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complies with the conditions stated in this License. |
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5. Use-based restrictions. The restrictions set forth in Attachment A are |
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considered Use-based restrictions. Therefore You cannot use the Model and |
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the Derivatives of the Model for the specified restricted uses. You may |
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use the Model subject to this License, including only for lawful purposes |
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and in accordance with the License. Use may include creating any content |
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with, finetuning, updating, running, training, evaluating and/or |
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reparametrizing the Model. You shall require all of Your users who use |
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the Model or a Derivative of the Model to comply with the terms of this |
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paragraph (paragraph 5). |
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6. The Output You Generate. Except as set forth herein, Licensor claims |
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no rights in the Output You generate using the Model. You are accountable |
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for the Output you generate and its subsequent uses. No use of the output |
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can contravene any provision as stated in the License. |
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Section IV: OTHER PROVISIONS |
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7. Updates and Runtime Restrictions. To the maximum extent permitted by |
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law, Licensor reserves the right to restrict (remotely or otherwise) |
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usage of the Model in violation of this License, update the Model through |
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electronic means, or modify the Output of the Model based on updates. You |
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shall undertake reasonable efforts to use the latest version of the |
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Model. |
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8. Trademarks and related. Nothing in this License permits You to make |
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use of Licensors’ trademarks, trade names, logos or to otherwise suggest |
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endorsement or misrepresent the relationship between the parties |
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rights not expressly granted herein are reserved by the Licensors. |
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9. Disclaimer of Warranty. Unless required by applicable law or agreed to |
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in writing, Licensor provides the Model and the Complementary Material |
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(and each Contributor provides its Contributions) on an "AS IS" BASIS, |
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WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, |
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including, without limitation, any warranties or conditions of TITLE, |
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NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. |
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You are solely responsible for determining the appropriateness of using |
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or redistributing the Model, Derivatives of the Model, and the |
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Complementary Material and assume any risks associated with Your exercise |
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of permissions under this License. |
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10. Limitation of Liability. In no event and under no legal theory, |
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whether in tort (including negligence), contract, or otherwise, unless |
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required by applicable law (such as deliberate and grossly negligent |
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acts) or agreed to in writing, shall any Contributor be liable to You for |
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damages, including any direct, indirect, special, incidental, or |
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consequential damages of any character arising as a result of this |
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License or out of the use or inability to use the Model and the |
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Complementary Material (including but not limited to damages for loss of |
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goodwill, work stoppage, computer failure or malfunction, or any and all |
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other commercial damages or losses), even if such Contributor has been |
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advised of the possibility of such damages. |
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11. Accepting Warranty or Additional Liability. While redistributing the |
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Model, Derivatives of the Model and the Complementary Material thereof, |
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You may choose to offer, and charge a fee for, acceptance of support, |
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warranty, indemnity, or other liability obligations and/or rights |
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consistent with this License. However, in accepting such obligations, You |
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may act only on Your own behalf and on Your sole responsibility, not on |
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behalf of any other Contributor, and only if You agree to indemnify, |
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defend, and hold each Contributor harmless for any liability incurred by, |
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or claims asserted against, such Contributor by reason of your accepting |
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any such warranty or additional liability. |
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12. If any provision of this License is held to be invalid, illegal or |
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unenforceable, the remaining provisions shall be unaffected thereby and |
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remain valid as if such provision had not been set forth herein. |
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END OF TERMS AND CONDITIONS |
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Attachment A |
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Use Restrictions |
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You agree not to use the Model or Derivatives of the Model: |
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- In any way that violates any applicable national, federal, state, local |
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or international law or regulation; |
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- For the purpose of exploiting, harming or attempting to exploit or harm |
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minors in any way; |
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- To generate or disseminate verifiably false information and/or content |
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with the purpose of harming others; |
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- To generate or disseminate personal identifiable information that can |
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be used to harm an individual; |
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- To defame, disparage or otherwise harass others; |
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- For fully automated decision making that adversely impacts an |
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individual’s legal rights or otherwise creates or modifies a binding, |
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enforceable obligation; |
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- For any use intended to or which has the effect of discriminating |
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against or harming individuals or groups based on online or offline |
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social behavior or known or predicted personal or personality |
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characteristics; |
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- To exploit any of the vulnerabilities of a specific group of persons |
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based on their age, social, physical or mental characteristics, in order |
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to materially distort the behavior of a person pertaining to that group |
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in a manner that causes or is likely to cause that person or another |
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person physical or psychological harm; |
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- For any use intended to or which has the effect of discriminating |
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against individuals or groups based on legally protected characteristics |
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or categories; |
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- To provide medical advice and medical results interpretation; |
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- To generate or disseminate information for the purpose to be used for |
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administration of justice, law enforcement, immigration or asylum |
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processes, such as predicting an individual will commit fraud/crime |
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commitment (e.g. by text profiling, drawing causal relationships between |
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assertions made in documents, indiscriminate and arbitrarily-targeted |
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use). |
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