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LICENSE.md
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1 |
+
Copyright (c) Stability AI Ltd. and Source Code Bulgaria Ltd.
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2 |
+
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+
This License Agreement (as may be amended in accordance with this License
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4 |
+
Agreement, “License”), between you, or your employer or other entity (if you are
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5 |
+
entering into this agreement on behalf of your employer or other entity)
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6 |
+
(“Licensee” or “you”) and Stability AI Ltd. (“Stability AI” or “we”) and Source
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7 |
+
Code Bulgaria Ltd. ("Source Code Bulgaria" or "we") applies to your use of any
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8 |
+
computer program, algorithm, source code, object code, software, models, or
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9 |
+
model weights that is made available by Stability AI and Source Code Bulgaria
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10 |
+
under this License (“Software”) and any specifications, manuals, documentation,
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11 |
+
and other written information provided by Stability AI and Source Code Bulgaria
|
12 |
+
related to the Software (“Documentation”).
|
13 |
+
|
14 |
+
By using the Software, you agree to the terms of this License. If you do not
|
15 |
+
agree to this License, then you do not have any rights to use the Software or
|
16 |
+
Documentation (collectively, the “Software Products”), and you must immediately
|
17 |
+
cease using the Software Products. If you are agreeing to be bound by the terms
|
18 |
+
of this License on behalf of your employer or other entity, you represent and
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19 |
+
warrant to Stability AI and Source Code Bulgaria that you have full legal
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20 |
+
authority to bind your employer or such entity to this License. If you do not
|
21 |
+
have the requisite authority, you may not accept the License or access the
|
22 |
+
Software Products on behalf of your employer or other entity.
|
23 |
+
|
24 |
+
This Model is a derivative work based on the SDXL 0.9 software provided by Stability AI Ltd under the SDXL Research License,
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25 |
+
Copyright (c) Stability AI Ltd. All Rights Reserved.
|
26 |
+
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
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27 |
+
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+
If you have any questions or seek permissions beyond those granted in this License, please reach out to di@ffusion.ai
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29 |
+
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+
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+
1. LICENSE GRANT
|
32 |
+
|
33 |
+
a. Subject to your compliance with the Documentation and Sections 2, 3, and 5,
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34 |
+
Stability AI grants you a non-exclusive, worldwide, non-transferable,
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35 |
+
non-sublicensable, revocable, royalty free and limited license under Stability
|
36 |
+
AI’s copyright interests to use, reproduce, and create derivative works of the
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37 |
+
Software solely for your non-commercial research purposes. The foregoing
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38 |
+
license is personal to you, and you may not assign, sublicense, distribute,
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39 |
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publish, host, or otherwise make available this Software, derivative works of
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40 |
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the Software, models or model weights associated with the Software, this
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41 |
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License, or any other rights or obligations under this License without
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42 |
+
Stability AI’s prior written consent; any such assignment or sublicense
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without Stability AI’s prior written consent will be void and will
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44 |
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automatically and immediately terminate this License. For sake of clarity,
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45 |
+
this License does not grant to you the right or ability to extend any license
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46 |
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to the Software, derivative works of the Software, or associated models or
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47 |
+
model weights to a non-Licensee, nor does this License permit you to create a
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48 |
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new Licensee, such as by making available a copy of this License. If you
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49 |
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would like rights not granted by this License, you may seek permission by
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50 |
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sending an email to legal@stability.ai.
|
51 |
+
|
52 |
+
b. You may make a reasonable number of copies of the Documentation solely for
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53 |
+
your use in connection with the license to the Software granted above.
|
54 |
+
|
55 |
+
c. The grant of rights expressly set forth in this Section 1 (License Grant)
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56 |
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are the complete grant of rights to you in the Software Products, and no other
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57 |
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licenses are granted, whether by waiver, estoppel, implication, equity or
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otherwise. Stability AI and its licensors reserve all rights not expressly
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granted by this License.
|
60 |
+
|
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+
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+
2. RESTRICTIONS
|
63 |
+
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+
You will not, and will not permit, assist or cause any third party to:
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65 |
+
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66 |
+
a. use, modify, copy, reproduce, create derivative works of, or distribute the
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67 |
+
Software Products (or any derivative works thereof, works incorporating the
|
68 |
+
Software Products, or any data produced by the Software), in whole or in part,
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69 |
+
for (i) any commercial or production purposes, (ii) military purposes or in
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70 |
+
the service of nuclear technology, (iii) purposes of surveillance, including
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71 |
+
any research or development relating to surveillance, (iv) biometric
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72 |
+
processing, (v) in any manner that infringes, misappropriates, or otherwise
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73 |
+
violates any third-party rights, or (vi) in any manner that violates any
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74 |
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applicable law and violating any privacy or security laws, rules, regulations,
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75 |
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directives, or governmental requirements (including the General Data Privacy
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76 |
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Regulation (Regulation (EU) 2016/679), the California Consumer Privacy Act,
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77 |
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and any and all laws governing the processing of biometric information), as
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78 |
+
well as all amendments and successor laws to any of the foregoing;
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79 |
+
|
80 |
+
b. alter or remove copyright and other proprietary notices which appear on or
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81 |
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in the Software Products;
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+
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c. utilize any equipment, device, software, or other means to circumvent or
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84 |
+
remove any security or protection used by Stability AI in connection with the
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85 |
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Software, or to circumvent or remove any usage restrictions, or to enable
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86 |
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functionality disabled by Stability AI; or
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+
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d. offer or impose any terms on the Software Products that alter, restrict, or
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89 |
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are inconsistent with the terms of this License.
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90 |
+
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e. 1) violate any applicable U.S. and non-U.S. export control and trade
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sanctions laws (“Export Laws”); 2) directly or indirectly export, re-export,
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+
provide, or otherwise transfer Software Products: (a) to any individual,
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+
entity, or country prohibited by Export Laws; (b) to anyone on U.S. or
|
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non-U.S. government restricted parties lists; or (c) for any purpose
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prohibited by Export Laws, including nuclear, chemical or biological weapons,
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+
or missile technology applications; 3) use or download Software Products if
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you or they are: (a) located in a comprehensively sanctioned jurisdiction, (b)
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+
currently listed on any U.S. or non-U.S. restricted parties list, or (c) for
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any purpose prohibited by Export Laws; and (4) will not disguise your location
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through IP proxying or other methods.
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+
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+
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+
3. ATTRIBUTION
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+
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+
Together with any copies of the Software Products (as well as derivative works
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107 |
+
thereof or works incorporating the Software Products) that you distribute, you
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+
must provide (i) a copy of this License, and (ii) the following attribution
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109 |
+
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notice: “SDXL 0.9 is licensed under the SDXL Research License, Copyright (c)
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+
Stability AI Ltd. All Rights Reserved. FFusionXL-09-SDXL is developed and
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+
maintained by FFusion.AI, a division of Source Code Bulgaria Ltd. All Rights
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113 |
+
Reserved.”
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+
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+
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+
4. DISCLAIMERS
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+
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THE SOFTWARE PRODUCTS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO
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WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. STABILITY AI EXPRESSLY DISCLAIMS ALL
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REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WHETHER BY STATUTE,
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CUSTOM, USAGE OR OTHERWISE AS TO ANY MATTERS RELATED TO THE SOFTWARE PRODUCTS,
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+
INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
|
123 |
+
FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, OR
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+
NON-INFRINGEMENT. STABILITY AI MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE
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125 |
+
SOFTWARE PRODUCTS WILL BE ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL
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+
COMPONENTS, OR PRODUCE ANY PARTICULAR RESULTS.
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+
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+
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5. LIMITATION OF LIABILITY
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TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL STABILITY AI BE
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+
LIABLE TO YOU (A) UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT,
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133 |
+
TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE UNDER THIS LICENSE,
|
134 |
+
OR (B) FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR
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+
SPECIAL DAMAGES OR LOST PROFITS, EVEN IF STABILITY AI HAS BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES. THE SOFTWARE PRODUCTS, THEIR CONSTITUENT
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+
COMPONENTS, AND ANY OUTPUT (COLLECTIVELY, “SOFTWARE MATERIALS”) ARE NOT
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138 |
+
DESIGNED OR INTENDED FOR USE IN ANY APPLICATION OR SITUATION WHERE FAILURE OR
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139 |
+
FAULT OF THE SOFTWARE MATERIALS COULD REASONABLY BE ANTICIPATED TO LEAD TO
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+
SERIOUS INJURY OF ANY PERSON, INCLUDING POTENTIAL DISCRIMINATION OR VIOLATION
|
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+
OF AN INDIVIDUAL’S PRIVACY RIGHTS, OR TO SEVERE PHYSICAL, PROPERTY, OR
|
142 |
+
ENVIRONMENTAL DAMAGE (EACH, A “HIGH-RISK USE”). IF YOU ELECT TO USE ANY OF THE
|
143 |
+
SOFTWARE MATERIALS FOR A HIGH-RISK USE, YOU DO SO AT YOUR OWN RISK. YOU AGREE
|
144 |
+
TO DESIGN AND IMPLEMENT APPROPRIATE DECISION-MAKING AND RISK-MITIGATION
|
145 |
+
PROCEDURES AND POLICIES IN CONNECTION WITH A HIGH-RISK USE SUCH THAT EVEN IF
|
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THERE IS A FAILURE OR FAULT IN ANY OF THE SOFTWARE MATERIALS, THE SAFETY OF
|
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PERSONS OR PROPERTY AFFECTED BY THE ACTIVITY STAYS AT A LEVEL THAT IS
|
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+
REASONABLE, APPROPRIATE, AND LAWFUL FOR THE FIELD OF THE HIGH-RISK USE.
|
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+
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+
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+
6. INDEMNIFICATION
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+
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+
You will indemnify, defend and hold harmless Stability AI and our subsidiaries
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+
and affiliates, and each of our respective shareholders, directors, officers,
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+
employees, agents, successors, and assigns (collectively, the “Stability AI
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+
Parties”) from and against any losses, liabilities, damages, fines, penalties,
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+
and expenses (including reasonable attorneys’ fees) incurred by any Stability
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+
AI Party in connection with any claim, demand, allegation, lawsuit,
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+
proceeding, or investigation (collectively, “Claims”) arising out of or
|
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+
related to: (a) your access to or use of the Software Products (as well as any
|
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+
results or data generated from such access or use), including any High-Risk
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+
Use (defined below); (b) your violation of this License; or (c) your
|
163 |
+
violation, misappropriation or infringement of any rights of another
|
164 |
+
(including intellectual property or other proprietary rights and privacy
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+
rights). You will promptly notify the Stability AI Parties of any such Claims,
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+
and cooperate with Stability AI Parties in defending such Claims. You will
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+
also grant the Stability AI Parties sole control of the defense or settlement,
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+
at Stability AI’s sole option, of any Claims. This indemnity is in addition
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to, and not in lieu of, any other indemnities or remedies set forth in a
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written agreement between you and Stability AI or the other Stability AI
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Parties.
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+
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+
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7. TERMINATION; SURVIVAL
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+
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a. This License will automatically terminate upon any breach by you of the
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terms of this License.
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+
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b. We may terminate this License, in whole or in part, at any time upon notice
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(including electronic) to you.
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+
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c. The following sections survive termination of this License: 2
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(Restrictions), 3 (Attribution), 4 (Disclaimers), 5 (Limitation on Liability),
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+
6 (Indemnification) 7 (Termination; Survival), 8 (Third Party Materials), 9
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(Trademarks), 10 (Applicable Law; Dispute Resolution), and 11 (Miscellaneous).
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+
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+
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8. THIRD PARTY MATERIALS
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+
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The Software Products may contain third-party software or other components
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+
(including free and open source software) (all of the foregoing, “Third Party
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+
Materials”), which are subject to the license terms of the respective
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third-party licensors. Your dealings or correspondence with third parties and
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+
your use of or interaction with any Third Party Materials are solely between
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you and the third party. Stability AI does not control or endorse, and makes
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+
no representations or warranties regarding, any Third Party Materials, and
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your access to and use of such Third Party Materials are at your own risk.
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+
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+
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9. TRADEMARKS
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+
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Licensee has not been granted any trademark license as part of this License
|
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+
and may not use any name or mark associated with Stability AI without the
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+
prior written permission of Stability AI, except to the extent necessary to
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+
make the reference required by the “ATTRIBUTION” section of this Agreement.
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+
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+
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+
10. APPLICABLE LAW; DISPUTE RESOLUTION
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+
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This License will be governed and construed under the laws of the State of
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California without regard to conflicts of law provisions. Any suit or
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proceeding arising out of or relating to this License will be brought in the
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federal or state courts, as applicable, in San Mateo County, California, and
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each party irrevocably submits to the jurisdiction and venue of such courts.
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+
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11. MISCELLANEOUS
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If any provision or part of a provision of this License is unlawful, void or
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unenforceable, that provision or part of the provision is deemed severed from
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+
this License, and will not affect the validity and enforceability of any
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remaining provisions. The failure of Stability AI to exercise or enforce any
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+
right or provision of this License will not operate as a waiver of such right
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+
or provision. This License does not confer any third-party beneficiary rights
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upon any other person or entity. This License, together with the
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Documentation, contains the entire understanding between you and Stability AI
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regarding the subject matter of this License, and supersedes all other written
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or oral agreements and understandings between you and Stability AI regarding
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such subject matter. No change or addition to any provision of this License
|
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will be binding unless it is in writing and signed by an authorized
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representative of both you and Stability AI.
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+
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+
12.ADDITIONAL TERMS FOR FFUSION.AI
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In addition to the terms set forth above, the following terms apply specifically
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to the FFusionXL-09-SDXL model developed by FFusion.AI, a division of Source
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Code Bulgaria Ltd:
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a. Any use of the FFusionXL-09-SDXL model must include proper attribution to
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FFusion.AI and Source Code Bulgaria Ltd. in any publication or public work that
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includes results achieved by or data generated by the model.
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+
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b. The FFusionXL-09-SDXL model is provided for non-commercial research purposes
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only. Any commercial use requires a separate license agreement with Source Code
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Bulgaria Ltd.
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+
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c. You may not reverse engineer, decompile, or disassemble the FFusionXL-09-SDXL
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model.
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d. You agree to indemnify and hold harmless Source Code Bulgaria Ltd. and its
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affiliates from any claims, damages, liabilities, costs, losses, and expenses
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+
(including reasonable attorney's fees) arising out of your use of the
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+
FFusionXL-09-SDXL model.
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