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