| Copyright (c) Stability AI Ltd. and Source Code Bulgaria Ltd. | |
| This License Agreement (as may be amended in accordance with this License | |
| Agreement, “License”), between you, or your employer or other entity (if you are | |
| entering into this agreement on behalf of your employer or other entity) | |
| (“Licensee” or “you”) and Stability AI Ltd. (“Stability AI” or “we”) and Source | |
| Code Bulgaria Ltd. ("Source Code Bulgaria" or "we") applies to your use of any | |
| computer program, algorithm, source code, object code, software, models, or | |
| model weights that is made available by Stability AI and Source Code Bulgaria | |
| under this License (“Software”) and any specifications, manuals, documentation, | |
| and other written information provided by Stability AI and Source Code Bulgaria | |
| related to the Software (“Documentation”). | |
| By using the Software, you agree to the terms of this License. If you do not | |
| agree to this License, then you do not have any rights to use the Software or | |
| Documentation (collectively, the “Software Products”), and you must immediately | |
| cease using the Software Products. If you are agreeing to be bound by the terms | |
| of this License on behalf of your employer or other entity, you represent and | |
| warrant to Stability AI and Source Code Bulgaria that you have full legal | |
| authority to bind your employer or such entity to this License. If you do not | |
| have the requisite authority, you may not accept the License or access the | |
| Software Products on behalf of your employer or other entity. | |
| This Model is a derivative work based on the SDXL 0.9 software provided by Stability AI Ltd under the SDXL Research License, | |
| Copyright (c) Stability AI Ltd. All Rights Reserved. | |
| Use of the Model must adhere to the terms outlined in the original SDXL Research License, which can be found at https://huggingface.co/stabilityai/stable-diffusion-xl-base-0.9/blob/main/LICENSE.md | |
| If you have any questions or seek permissions beyond those granted in this License, please reach out to di@ffusion.ai | |
| 1. LICENSE GRANT | |
| a. Subject to your compliance with the Documentation and Sections 2, 3, and 5, | |
| Stability AI grants you a non-exclusive, worldwide, non-transferable, | |
| non-sublicensable, revocable, royalty free and limited license under Stability | |
| AI’s copyright interests to use, reproduce, and create derivative works of the | |
| Software solely for your non-commercial research purposes. The foregoing | |
| license is personal to you, and you may not assign, sublicense, distribute, | |
| publish, host, or otherwise make available this Software, derivative works of | |
| the Software, models or model weights associated with the Software, this | |
| License, or any other rights or obligations under this License without | |
| Stability AI’s prior written consent; any such assignment or sublicense | |
| without Stability AI’s prior written consent will be void and will | |
| automatically and immediately terminate this License. For sake of clarity, | |
| this License does not grant to you the right or ability to extend any license | |
| to the Software, derivative works of the Software, or associated models or | |
| model weights to a non-Licensee, nor does this License permit you to create a | |
| new Licensee, such as by making available a copy of this License. If you | |
| would like rights not granted by this License, you may seek permission by | |
| sending an email to legal@stability.ai. | |
| b. You may make a reasonable number of copies of the Documentation solely for | |
| your use in connection with the license to the Software granted above. | |
| c. The grant of rights expressly set forth in this Section 1 (License Grant) | |
| are the complete grant of rights to you in the Software Products, and no other | |
| licenses are granted, whether by waiver, estoppel, implication, equity or | |
| otherwise. Stability AI and its licensors reserve all rights not expressly | |
| granted by this License. | |
| 2. RESTRICTIONS | |
| You will not, and will not permit, assist or cause any third party to: | |
| a. use, modify, copy, reproduce, create derivative works of, or distribute the | |
| Software Products (or any derivative works thereof, works incorporating the | |
| Software Products, or any data produced by the Software), in whole or in part, | |
| for (i) any commercial or production purposes, (ii) military purposes or in | |
| the service of nuclear technology, (iii) purposes of surveillance, including | |
| any research or development relating to surveillance, (iv) biometric | |
| processing, (v) in any manner that infringes, misappropriates, or otherwise | |
| violates any third-party rights, or (vi) in any manner that violates any | |
| applicable law and violating any privacy or security laws, rules, regulations, | |
| directives, or governmental requirements (including the General Data Privacy | |
| Regulation (Regulation (EU) 2016/679), the California Consumer Privacy Act, | |
| and any and all laws governing the processing of biometric information), as | |
| well as all amendments and successor laws to any of the foregoing; | |
| b. alter or remove copyright and other proprietary notices which appear on or | |
| in the Software Products; | |
| c. utilize any equipment, device, software, or other means to circumvent or | |
| remove any security or protection used by Stability AI in connection with the | |
| Software, or to circumvent or remove any usage restrictions, or to enable | |
| functionality disabled by Stability AI; or | |
| d. offer or impose any terms on the Software Products that alter, restrict, or | |
| are inconsistent with the terms of this License. | |
| e. 1) violate any applicable U.S. and non-U.S. export control and trade | |
| sanctions laws (“Export Laws”); 2) directly or indirectly export, re-export, | |
| provide, or otherwise transfer Software Products: (a) to any individual, | |
| entity, or country prohibited by Export Laws; (b) to anyone on U.S. or | |
| non-U.S. government restricted parties lists; or (c) for any purpose | |
| prohibited by Export Laws, including nuclear, chemical or biological weapons, | |
| or missile technology applications; 3) use or download Software Products if | |
| you or they are: (a) located in a comprehensively sanctioned jurisdiction, (b) | |
| currently listed on any U.S. or non-U.S. restricted parties list, or (c) for | |
| any purpose prohibited by Export Laws; and (4) will not disguise your location | |
| through IP proxying or other methods. | |
| 3. ATTRIBUTION | |
| Together with any copies of the Software Products (as well as derivative works | |
| thereof or works incorporating the Software Products) that you distribute, you | |
| must provide (i) a copy of this License, and (ii) the following attribution | |
| notice: “SDXL 0.9 is licensed under the SDXL Research License, Copyright (c) | |
| Stability AI Ltd. All Rights Reserved. FFusionXL-09-SDXL is developed and | |
| maintained by FFusion.AI, a division of Source Code Bulgaria Ltd. All Rights | |
| Reserved.” | |
| 4. DISCLAIMERS | |
| THE SOFTWARE PRODUCTS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO | |
| WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. STABILITY AI EXPRESSLY DISCLAIMS ALL | |
| REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WHETHER BY STATUTE, | |
| CUSTOM, USAGE OR OTHERWISE AS TO ANY MATTERS RELATED TO THE SOFTWARE PRODUCTS, | |
| INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, | |
| FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, OR | |
| NON-INFRINGEMENT. STABILITY AI MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE | |
| SOFTWARE PRODUCTS WILL BE ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL | |
| COMPONENTS, OR PRODUCE ANY PARTICULAR RESULTS. | |
| 5. LIMITATION OF LIABILITY | |
| TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL STABILITY AI BE | |
| LIABLE TO YOU (A) UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, | |
| TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE UNDER THIS LICENSE, | |
| OR (B) FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR | |
| SPECIAL DAMAGES OR LOST PROFITS, EVEN IF STABILITY AI HAS BEEN ADVISED OF THE | |
| POSSIBILITY OF SUCH DAMAGES. THE SOFTWARE PRODUCTS, THEIR CONSTITUENT | |
| COMPONENTS, AND ANY OUTPUT (COLLECTIVELY, “SOFTWARE MATERIALS”) ARE NOT | |
| DESIGNED OR INTENDED FOR USE IN ANY APPLICATION OR SITUATION WHERE FAILURE OR | |
| FAULT OF THE SOFTWARE MATERIALS COULD REASONABLY BE ANTICIPATED TO LEAD TO | |
| SERIOUS INJURY OF ANY PERSON, INCLUDING POTENTIAL DISCRIMINATION OR VIOLATION | |
| OF AN INDIVIDUAL’S PRIVACY RIGHTS, OR TO SEVERE PHYSICAL, PROPERTY, OR | |
| ENVIRONMENTAL DAMAGE (EACH, A “HIGH-RISK USE”). IF YOU ELECT TO USE ANY OF THE | |
| SOFTWARE MATERIALS FOR A HIGH-RISK USE, YOU DO SO AT YOUR OWN RISK. YOU AGREE | |
| TO DESIGN AND IMPLEMENT APPROPRIATE DECISION-MAKING AND RISK-MITIGATION | |
| PROCEDURES AND POLICIES IN CONNECTION WITH A HIGH-RISK USE SUCH THAT EVEN IF | |
| THERE IS A FAILURE OR FAULT IN ANY OF THE SOFTWARE MATERIALS, THE SAFETY OF | |
| PERSONS OR PROPERTY AFFECTED BY THE ACTIVITY STAYS AT A LEVEL THAT IS | |
| REASONABLE, APPROPRIATE, AND LAWFUL FOR THE FIELD OF THE HIGH-RISK USE. | |
| 6. INDEMNIFICATION | |
| You will indemnify, defend and hold harmless Stability AI and our subsidiaries | |
| and affiliates, and each of our respective shareholders, directors, officers, | |
| employees, agents, successors, and assigns (collectively, the “Stability AI | |
| Parties”) from and against any losses, liabilities, damages, fines, penalties, | |
| and expenses (including reasonable attorneys’ fees) incurred by any Stability | |
| AI Party in connection with any claim, demand, allegation, lawsuit, | |
| proceeding, or investigation (collectively, “Claims”) arising out of or | |
| related to: (a) your access to or use of the Software Products (as well as any | |
| results or data generated from such access or use), including any High-Risk | |
| Use (defined below); (b) your violation of this License; or (c) your | |
| violation, misappropriation or infringement of any rights of another | |
| (including intellectual property or other proprietary rights and privacy | |
| rights). You will promptly notify the Stability AI Parties of any such Claims, | |
| and cooperate with Stability AI Parties in defending such Claims. You will | |
| also grant the Stability AI Parties sole control of the defense or settlement, | |
| at Stability AI’s sole option, of any Claims. This indemnity is in addition | |
| to, and not in lieu of, any other indemnities or remedies set forth in a | |
| written agreement between you and Stability AI or the other Stability AI | |
| Parties. | |
| 7. TERMINATION; SURVIVAL | |
| a. This License will automatically terminate upon any breach by you of the | |
| terms of this License. | |
| b. We may terminate this License, in whole or in part, at any time upon notice | |
| (including electronic) to you. | |
| c. The following sections survive termination of this License: 2 | |
| (Restrictions), 3 (Attribution), 4 (Disclaimers), 5 (Limitation on Liability), | |
| 6 (Indemnification) 7 (Termination; Survival), 8 (Third Party Materials), 9 | |
| (Trademarks), 10 (Applicable Law; Dispute Resolution), and 11 (Miscellaneous). | |
| 8. THIRD PARTY MATERIALS | |
| The Software Products may contain third-party software or other components | |
| (including free and open source software) (all of the foregoing, “Third Party | |
| Materials”), which are subject to the license terms of the respective | |
| third-party licensors. Your dealings or correspondence with third parties and | |
| your use of or interaction with any Third Party Materials are solely between | |
| you and the third party. Stability AI does not control or endorse, and makes | |
| no representations or warranties regarding, any Third Party Materials, and | |
| your access to and use of such Third Party Materials are at your own risk. | |
| 9. TRADEMARKS | |
| Licensee has not been granted any trademark license as part of this License | |
| and may not use any name or mark associated with Stability AI without the | |
| prior written permission of Stability AI, except to the extent necessary to | |
| make the reference required by the “ATTRIBUTION” section of this Agreement. | |
| 10. APPLICABLE LAW; DISPUTE RESOLUTION | |
| This License will be governed and construed under the laws of the State of | |
| California without regard to conflicts of law provisions. Any suit or | |
| proceeding arising out of or relating to this License will be brought in the | |
| federal or state courts, as applicable, in San Mateo County, California, and | |
| each party irrevocably submits to the jurisdiction and venue of such courts. | |
| 11. MISCELLANEOUS | |
| If any provision or part of a provision of this License is unlawful, void or | |
| unenforceable, that provision or part of the provision is deemed severed from | |
| this License, and will not affect the validity and enforceability of any | |
| remaining provisions. The failure of Stability AI to exercise or enforce any | |
| right or provision of this License will not operate as a waiver of such right | |
| or provision. This License does not confer any third-party beneficiary rights | |
| upon any other person or entity. This License, together with the | |
| Documentation, contains the entire understanding between you and Stability AI | |
| regarding the subject matter of this License, and supersedes all other written | |
| or oral agreements and understandings between you and Stability AI regarding | |
| such subject matter. No change or addition to any provision of this License | |
| will be binding unless it is in writing and signed by an authorized | |
| representative of both you and Stability AI. | |
| 12.ADDITIONAL TERMS FOR FFUSION.AI | |
| In addition to the terms set forth above, the following terms apply specifically | |
| to the FFusionXL-09-SDXL model developed by FFusion.AI, a division of Source | |
| Code Bulgaria Ltd: | |
| a. Any use of the FFusionXL-09-SDXL model must include proper attribution to | |
| FFusion.AI and Source Code Bulgaria Ltd. in any publication or public work that | |
| includes results achieved by or data generated by the model. | |
| b. The FFusionXL-09-SDXL model is provided for non-commercial research purposes | |
| only. Any commercial use requires a separate license agreement with Source Code | |
| Bulgaria Ltd. | |
| c. You may not reverse engineer, decompile, or disassemble the FFusionXL-09-SDXL | |
| model. | |
| d. You agree to indemnify and hold harmless Source Code Bulgaria Ltd. and its | |
| affiliates from any claims, damages, liabilities, costs, losses, and expenses | |
| (including reasonable attorney's fees) arising out of your use of the | |
| FFusionXL-09-SDXL model. |