| META LLAMA 3 COMMUNITY LICENSE AGREEMENT | |
| Meta Llama 3 Version Release Date: April 18, 2024 | |
| “Agreement” means the terms and conditions for use, reproduction, | |
| distribution and modification of the Llama Materials set forth herein. | |
| “Documentation” means the specifications, manuals and documentation | |
| accompanying Meta Llama 3 distributed by Meta at | |
| https://llama.meta.com/get-started/. | |
| “Licensee” or “you” means you, or your employer or any other person or | |
| entity (if you are entering into this Agreement on such person or | |
| entity’s behalf), of the age required under applicable laws, rules or | |
| regulations to provide legal consent and that has legal authority to | |
| bind your employer or such other person or entity if you are entering in | |
| this Agreement on their behalf. | |
| “MetaLlama 3” means the foundational large language models and software | |
| and algorithms, including machine-learning model code, trained model | |
| weights, inference-enabling code, training-enabling code, fine-tuning | |
| enabling code and other elements of the foregoing distributed by Meta at | |
| https://llama.meta.com/llama-downloads. | |
| “Llama Materials” means, collectively, Meta’s proprietary Meta Llama 3 | |
| and Documentation (and any portion thereof) made available under this | |
| Agreement. | |
| “Meta” or “we” means Meta Platforms Ireland Limited (if you are located | |
| in or, if you are an entity, your principal place of business is in the | |
| EEA or Switzerland) and Meta Platforms, Inc. (if you are located outside | |
| of the EEA or Switzerland). | |
| By clicking “I Accept” below or by using or distributing any portion or | |
| element of the Llama Materials, you agree to be bound by this Agreement. | |
| 1. License Rights and Redistribution. | |
| a. Grant of Rights. You are granted a non-exclusive, worldwide, | |
| non-transferable and royalty-free limited license under Meta’s | |
| intellectual property or other rights owned by Meta embodied in the | |
| Llama Materials to use, reproduce, distribute, copy, create | |
| derivative works of, and make modifications to the Llama Materials. | |
| b. Redistribution and Use. | |
| i. If you distribute or make available the Llama Materials (or any | |
| derivative works thereof), or a product or service that uses any of | |
| them, including another AI model, you shall (A) provide a copy of | |
| this Agreement with any such Llama Materials; and (B) prominently | |
| display “Built with Meta Llama 3” on a related website, user | |
| interface, blogpost, about page, or product documentation. If you use | |
| the Llama Materials to create, train, fine tune, or otherwise improve | |
| an AI model, which is distributed or made available, you shall also | |
| include “Llama 3” at the beginning of any such AI model name. | |
| ii. If you receive Llama Materials, or any derivative works thereof, | |
| from a Licensee as part of an integrated end user product, then | |
| Section 2 of this Agreement will not apply to you. | |
| iii. You must retain in all copies of the Llama Materials that you | |
| distribute the following attribution notice within a “Notice” text | |
| file distributed as a part of such copies: “Meta Llama 3 is | |
| licensed under the Meta Llama 3 Community License, Copyright © Meta | |
| Platforms, Inc. All Rights Reserved.” | |
| iv. Your use of the Llama Materials must comply with applicable laws and | |
| regulations (including trade compliance laws and regulations) and | |
| adhere to the Acceptable Use Policy for the Llama Materials | |
| (available at https://llama.meta.com/llama3/use-policy), which is | |
| hereby incorporated by reference into this Agreement. | |
| v. You will not use the Llama Materials or any output or results of the | |
| Llama Materials to improve any other large language model (excluding | |
| Meta Llama 3 or derivative works thereof). | |
| 2. Additional Commercial Terms. If, on the Meta Llama 3 version release | |
| date, the monthly active users of the products or services made | |
| available by or for Licensee, or Licensee’s affiliates, is greater | |
| than 700 million monthly active users in the preceding calendar | |
| month, you must request a license from Meta, which Meta may grant to | |
| you in its sole discretion, and you are not authorized to exercise | |
| any of the rights under this Agreement unless or until Meta otherwise | |
| expressly grants you such rights. | |
| 3. Disclaimer of Warranty. UNLESS REQUIRED BY APPLICABLE LAW, THE LLAMA | |
| MATERIALS AND ANY OUTPUT AND RESULTS THEREFROM ARE PROVIDED ON AN “AS | |
| IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND META DISCLAIMS ALL | |
| WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, INCLUDING, WITHOUT | |
| LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, | |
| MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY | |
| RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING OR | |
| REDISTRIBUTING THE LLAMA MATERIALS AND ASSUME ANY RISKS ASSOCIATED | |
| WITH YOUR USE OF THE LLAMA MATERIALS AND ANY OUTPUT AND RESULTS. | |
| 4. Limitation of Liability. IN NO EVENT WILL META OR ITS AFFILIATES BE | |
| LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, | |
| NEGLIGENCE, PRODUCTS LIABILITY, OR OTHERWISE, ARISING OUT OF THIS | |
| AGREEMENT, FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL, | |
| CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF | |
| META OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY OF | |
| THE FOREGOING. | |
| 5. Intellectual Property. | |
| a. No trademark licenses are granted under this Agreement, and in | |
| connection with the Llama Materials, neither Meta nor Licensee may | |
| use any name or mark owned by or associated with the other or any of | |
| its affiliates, except as required for reasonable and customary use | |
| in describing and redistributing the Llama Materials or as set forth | |
| in this Section 5(a). Meta hereby grants you a license to use “Llama | |
| 3” (the “Mark”) solely as required to comply with the last sentence | |
| of Section 1.b.i. You will comply with Meta’s brand guidelines | |
| (currently accessible at | |
| https://about.meta.com/brand/resources/meta/company-brand/). All | |
| goodwill arising out of your use of the Mark will inure to the | |
| benefit of Meta. | |
| b. Subject to Meta’s ownership of Llama Materials and derivatives made | |
| by or for Meta, with respect to any derivative works and | |
| modifications of the Llama Materials that are made by you, as between | |
| you and Meta, you are and will be the owner of such derivative works | |
| and modifications. | |
| c. If you institute litigation or other proceedings against Meta or any | |
| entity (including a cross-claim or counterclaim in a lawsuit) | |
| alleging that the Llama Materials or Meta Llama 3 outputs or results, | |
| or any portion of any of the foregoing, constitutes infringement of | |
| intellectual property or other rights owned or licensable by you, | |
| then any licenses granted to you under this Agreement shall terminate | |
| as of the date such litigation or claim is filed or instituted. You | |
| will indemnify and hold harmless Meta from and against any claim by | |
| any third party arising out of or related to your use or distribution | |
| of the Llama Materials. | |
| 6. Term and Termination. The term of this Agreement will commence upon | |
| your acceptance of this Agreement or access to the Llama Materials | |
| and will continue in full force and effect until terminated in | |
| accordance with the terms and conditions herein. Meta may terminate | |
| this Agreement if you are in breach of any term or condition of this | |
| Agreement. Upon termination of this Agreement, you shall delete and | |
| cease use of the Llama Materials. Sections 3, 4 and 7 shall survive | |
| the termination of this Agreement. | |
| 7. Governing Law and Jurisdiction. This Agreement will be governed and | |
| construed under the laws of the State of California without regard to | |
| choice of law principles, and the UN Convention on Contracts for the | |
| International Sale of Goods does not apply to this Agreement. The | |
| courts of California shall have exclusive jurisdiction of any dispute | |
| arising out of this Agreement. | |
| https://llama.meta.com/llama3/license/ | |