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1 |
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This model is based upon Stable Diffusion 1.4. It is distributed under the
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terms of the CreativeML Open RAIL-M and the terms of the CC BY-NC-SA 4.0
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license. This means that the terms of both licenses apply at the same time.
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The full text of both licenses can be found below.
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Model: NovelAI Diffusion Anime V1 (Full)
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Licensor: Anlatan LLC
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----
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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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+
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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.
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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.
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+
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+
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.
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+
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+
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.
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+
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This License governs the use of the model (and its derivatives) and is informed by the model card associated with the model.
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+
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NOW THEREFORE, You and Licensor agree as follows:
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+
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+
1. Definitions
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+
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+
- "License" means the terms and conditions for use, reproduction, and Distribution as defined in this document.
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- "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.
|
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- "Output" means the results of operating a Model as embodied in informational content resulting therefrom.
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- "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.
|
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+
- "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.
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- "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.
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- "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.
|
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- "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.
|
42 |
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- "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.
|
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- "Third Parties" means individuals or legal entities that are not under common control with Licensor or You.
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- "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."
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- "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.
|
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|
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Section II: INTELLECTUAL PROPERTY RIGHTS
|
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|
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+
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.
|
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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.
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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.
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+
|
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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 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:
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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.
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You must give any Third Party recipients of the Model or Derivatives of the Model a copy of this License;
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You must cause any modified files to carry prominent notices stating that You changed the files;
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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.
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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.
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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).
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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.
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Section IV: OTHER PROVISIONS
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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.
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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.
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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.
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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.
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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.
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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.
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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 or international law or regulation;
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+
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
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+
- To generate or disseminate verifiably false information and/or content with the purpose of harming others;
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- To generate or disseminate personal identifiable information that can 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 individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
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+
- 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;
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+
- 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;
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- For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics 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 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).
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+
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+
----
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Attribution-NonCommercial-ShareAlike 4.0 International
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=======================================================================
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Creative Commons Corporation ("Creative Commons") is not a law firm and
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does not provide legal services or legal advice. Distribution of
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Using Creative Commons Public Licenses
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conditions that creators and other rights holders may use to share
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original works of authorship and other material subject to copyright
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exhaustive, and do not form part of our licenses.
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Considerations for licensors: Our public licenses are
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Considerations for the public: By using one of our public
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|
140 |
+
copyright--then that use is not regulated by the license. Our
|
141 |
+
licenses grant only permissions under copyright and certain
|
142 |
+
other rights that a licensor has authority to grant. Use of
|
143 |
+
the licensed material may still be restricted for other
|
144 |
+
reasons, including because others have copyright or other
|
145 |
+
rights in the material. A licensor may make special requests,
|
146 |
+
such as asking that all changes be marked or described.
|
147 |
+
Although not required by our licenses, you are encouraged to
|
148 |
+
respect those requests where reasonable. More considerations
|
149 |
+
for the public:
|
150 |
+
wiki.creativecommons.org/Considerations_for_licensees
|
151 |
+
|
152 |
+
=======================================================================
|
153 |
+
|
154 |
+
Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International
|
155 |
+
Public License
|
156 |
+
|
157 |
+
By exercising the Licensed Rights (defined below), You accept and agree
|
158 |
+
to be bound by the terms and conditions of this Creative Commons
|
159 |
+
Attribution-NonCommercial-ShareAlike 4.0 International Public License
|
160 |
+
("Public License"). To the extent this Public License may be
|
161 |
+
interpreted as a contract, You are granted the Licensed Rights in
|
162 |
+
consideration of Your acceptance of these terms and conditions, and the
|
163 |
+
Licensor grants You such rights in consideration of benefits the
|
164 |
+
Licensor receives from making the Licensed Material available under
|
165 |
+
these terms and conditions.
|
166 |
+
|
167 |
+
|
168 |
+
Section 1 -- Definitions.
|
169 |
+
|
170 |
+
a. Adapted Material means material subject to Copyright and Similar
|
171 |
+
Rights that is derived from or based upon the Licensed Material
|
172 |
+
and in which the Licensed Material is translated, altered,
|
173 |
+
arranged, transformed, or otherwise modified in a manner requiring
|
174 |
+
permission under the Copyright and Similar Rights held by the
|
175 |
+
Licensor. For purposes of this Public License, where the Licensed
|
176 |
+
Material is a musical work, performance, or sound recording,
|
177 |
+
Adapted Material is always produced where the Licensed Material is
|
178 |
+
synched in timed relation with a moving image.
|
179 |
+
|
180 |
+
b. Adapter's License means the license You apply to Your Copyright
|
181 |
+
and Similar Rights in Your contributions to Adapted Material in
|
182 |
+
accordance with the terms and conditions of this Public License.
|
183 |
+
|
184 |
+
c. BY-NC-SA Compatible License means a license listed at
|
185 |
+
creativecommons.org/compatiblelicenses, approved by Creative
|
186 |
+
Commons as essentially the equivalent of this Public License.
|
187 |
+
|
188 |
+
d. Copyright and Similar Rights means copyright and/or similar rights
|
189 |
+
closely related to copyright including, without limitation,
|
190 |
+
performance, broadcast, sound recording, and Sui Generis Database
|
191 |
+
Rights, without regard to how the rights are labeled or
|
192 |
+
categorized. For purposes of this Public License, the rights
|
193 |
+
specified in Section 2(b)(1)-(2) are not Copyright and Similar
|
194 |
+
Rights.
|
195 |
+
|
196 |
+
e. Effective Technological Measures means those measures that, in the
|
197 |
+
absence of proper authority, may not be circumvented under laws
|
198 |
+
fulfilling obligations under Article 11 of the WIPO Copyright
|
199 |
+
Treaty adopted on December 20, 1996, and/or similar international
|
200 |
+
agreements.
|
201 |
+
|
202 |
+
f. Exceptions and Limitations means fair use, fair dealing, and/or
|
203 |
+
any other exception or limitation to Copyright and Similar Rights
|
204 |
+
that applies to Your use of the Licensed Material.
|
205 |
+
|
206 |
+
g. License Elements means the license attributes listed in the name
|
207 |
+
of a Creative Commons Public License. The License Elements of this
|
208 |
+
Public License are Attribution, NonCommercial, and ShareAlike.
|
209 |
+
|
210 |
+
h. Licensed Material means the artistic or literary work, database,
|
211 |
+
or other material to which the Licensor applied this Public
|
212 |
+
License.
|
213 |
+
|
214 |
+
i. Licensed Rights means the rights granted to You subject to the
|
215 |
+
terms and conditions of this Public License, which are limited to
|
216 |
+
all Copyright and Similar Rights that apply to Your use of the
|
217 |
+
Licensed Material and that the Licensor has authority to license.
|
218 |
+
|
219 |
+
j. Licensor means the individual(s) or entity(ies) granting rights
|
220 |
+
under this Public License.
|
221 |
+
|
222 |
+
k. NonCommercial means not primarily intended for or directed towards
|
223 |
+
commercial advantage or monetary compensation. For purposes of
|
224 |
+
this Public License, the exchange of the Licensed Material for
|
225 |
+
other material subject to Copyright and Similar Rights by digital
|
226 |
+
file-sharing or similar means is NonCommercial provided there is
|
227 |
+
no payment of monetary compensation in connection with the
|
228 |
+
exchange.
|
229 |
+
|
230 |
+
l. Share means to provide material to the public by any means or
|
231 |
+
process that requires permission under the Licensed Rights, such
|
232 |
+
as reproduction, public display, public performance, distribution,
|
233 |
+
dissemination, communication, or importation, and to make material
|
234 |
+
available to the public including in ways that members of the
|
235 |
+
public may access the material from a place and at a time
|
236 |
+
individually chosen by them.
|
237 |
+
|
238 |
+
m. Sui Generis Database Rights means rights other than copyright
|
239 |
+
resulting from Directive 96/9/EC of the European Parliament and of
|
240 |
+
the Council of 11 March 1996 on the legal protection of databases,
|
241 |
+
as amended and/or succeeded, as well as other essentially
|
242 |
+
equivalent rights anywhere in the world.
|
243 |
+
|
244 |
+
n. You means the individual or entity exercising the Licensed Rights
|
245 |
+
under this Public License. Your has a corresponding meaning.
|
246 |
+
|
247 |
+
|
248 |
+
Section 2 -- Scope.
|
249 |
+
|
250 |
+
a. License grant.
|
251 |
+
|
252 |
+
1. Subject to the terms and conditions of this Public License,
|
253 |
+
the Licensor hereby grants You a worldwide, royalty-free,
|
254 |
+
non-sublicensable, non-exclusive, irrevocable license to
|
255 |
+
exercise the Licensed Rights in the Licensed Material to:
|
256 |
+
|
257 |
+
a. reproduce and Share the Licensed Material, in whole or
|
258 |
+
in part, for NonCommercial purposes only; and
|
259 |
+
|
260 |
+
b. produce, reproduce, and Share Adapted Material for
|
261 |
+
NonCommercial purposes only.
|
262 |
+
|
263 |
+
2. Exceptions and Limitations. For the avoidance of doubt, where
|
264 |
+
Exceptions and Limitations apply to Your use, this Public
|
265 |
+
License does not apply, and You do not need to comply with
|
266 |
+
its terms and conditions.
|
267 |
+
|
268 |
+
3. Term. The term of this Public License is specified in Section
|
269 |
+
6(a).
|
270 |
+
|
271 |
+
4. Media and formats; technical modifications allowed. The
|
272 |
+
Licensor authorizes You to exercise the Licensed Rights in
|
273 |
+
all media and formats whether now known or hereafter created,
|
274 |
+
and to make technical modifications necessary to do so. The
|
275 |
+
Licensor waives and/or agrees not to assert any right or
|
276 |
+
authority to forbid You from making technical modifications
|
277 |
+
necessary to exercise the Licensed Rights, including
|
278 |
+
technical modifications necessary to circumvent Effective
|
279 |
+
Technological Measures. For purposes of this Public License,
|
280 |
+
simply making modifications authorized by this Section 2(a)
|
281 |
+
(4) never produces Adapted Material.
|
282 |
+
|
283 |
+
5. Downstream recipients.
|
284 |
+
|
285 |
+
a. Offer from the Licensor -- Licensed Material. Every
|
286 |
+
recipient of the Licensed Material automatically
|
287 |
+
receives an offer from the Licensor to exercise the
|
288 |
+
Licensed Rights under the terms and conditions of this
|
289 |
+
Public License.
|
290 |
+
|
291 |
+
b. Additional offer from the Licensor -- Adapted Material.
|
292 |
+
Every recipient of Adapted Material from You
|
293 |
+
automatically receives an offer from the Licensor to
|
294 |
+
exercise the Licensed Rights in the Adapted Material
|
295 |
+
under the conditions of the Adapter's License You apply.
|
296 |
+
|
297 |
+
c. No downstream restrictions. You may not offer or impose
|
298 |
+
any additional or different terms or conditions on, or
|
299 |
+
apply any Effective Technological Measures to, the
|
300 |
+
Licensed Material if doing so restricts exercise of the
|
301 |
+
Licensed Rights by any recipient of the Licensed
|
302 |
+
Material.
|
303 |
+
|
304 |
+
6. No endorsement. Nothing in this Public License constitutes or
|
305 |
+
may be construed as permission to assert or imply that You
|
306 |
+
are, or that Your use of the Licensed Material is, connected
|
307 |
+
with, or sponsored, endorsed, or granted official status by,
|
308 |
+
the Licensor or others designated to receive attribution as
|
309 |
+
provided in Section 3(a)(1)(A)(i).
|
310 |
+
|
311 |
+
b. Other rights.
|
312 |
+
|
313 |
+
1. Moral rights, such as the right of integrity, are not
|
314 |
+
licensed under this Public License, nor are publicity,
|
315 |
+
privacy, and/or other similar personality rights; however, to
|
316 |
+
the extent possible, the Licensor waives and/or agrees not to
|
317 |
+
assert any such rights held by the Licensor to the limited
|
318 |
+
extent necessary to allow You to exercise the Licensed
|
319 |
+
Rights, but not otherwise.
|
320 |
+
|
321 |
+
2. Patent and trademark rights are not licensed under this
|
322 |
+
Public License.
|
323 |
+
|
324 |
+
3. To the extent possible, the Licensor waives any right to
|
325 |
+
collect royalties from You for the exercise of the Licensed
|
326 |
+
Rights, whether directly or through a collecting society
|
327 |
+
under any voluntary or waivable statutory or compulsory
|
328 |
+
licensing scheme. In all other cases the Licensor expressly
|
329 |
+
reserves any right to collect such royalties, including when
|
330 |
+
the Licensed Material is used other than for NonCommercial
|
331 |
+
purposes.
|
332 |
+
|
333 |
+
|
334 |
+
Section 3 -- License Conditions.
|
335 |
+
|
336 |
+
Your exercise of the Licensed Rights is expressly made subject to the
|
337 |
+
following conditions.
|
338 |
+
|
339 |
+
a. Attribution.
|
340 |
+
|
341 |
+
1. If You Share the Licensed Material (including in modified
|
342 |
+
form), You must:
|
343 |
+
|
344 |
+
a. retain the following if it is supplied by the Licensor
|
345 |
+
with the Licensed Material:
|
346 |
+
|
347 |
+
i. identification of the creator(s) of the Licensed
|
348 |
+
Material and any others designated to receive
|
349 |
+
attribution, in any reasonable manner requested by
|
350 |
+
the Licensor (including by pseudonym if
|
351 |
+
designated);
|
352 |
+
|
353 |
+
ii. a copyright notice;
|
354 |
+
|
355 |
+
iii. a notice that refers to this Public License;
|
356 |
+
|
357 |
+
iv. a notice that refers to the disclaimer of
|
358 |
+
warranties;
|
359 |
+
|
360 |
+
v. a URI or hyperlink to the Licensed Material to the
|
361 |
+
extent reasonably practicable;
|
362 |
+
|
363 |
+
b. indicate if You modified the Licensed Material and
|
364 |
+
retain an indication of any previous modifications; and
|
365 |
+
|
366 |
+
c. indicate the Licensed Material is licensed under this
|
367 |
+
Public License, and include the text of, or the URI or
|
368 |
+
hyperlink to, this Public License.
|
369 |
+
|
370 |
+
2. You may satisfy the conditions in Section 3(a)(1) in any
|
371 |
+
reasonable manner based on the medium, means, and context in
|
372 |
+
which You Share the Licensed Material. For example, it may be
|
373 |
+
reasonable to satisfy the conditions by providing a URI or
|
374 |
+
hyperlink to a resource that includes the required
|
375 |
+
information.
|
376 |
+
3. If requested by the Licensor, You must remove any of the
|
377 |
+
information required by Section 3(a)(1)(A) to the extent
|
378 |
+
reasonably practicable.
|
379 |
+
|
380 |
+
b. ShareAlike.
|
381 |
+
|
382 |
+
In addition to the conditions in Section 3(a), if You Share
|
383 |
+
Adapted Material You produce, the following conditions also apply.
|
384 |
+
|
385 |
+
1. The Adapter's License You apply must be a Creative Commons
|
386 |
+
license with the same License Elements, this version or
|
387 |
+
later, or a BY-NC-SA Compatible License.
|
388 |
+
|
389 |
+
2. You must include the text of, or the URI or hyperlink to, the
|
390 |
+
Adapter's License You apply. You may satisfy this condition
|
391 |
+
in any reasonable manner based on the medium, means, and
|
392 |
+
context in which You Share Adapted Material.
|
393 |
+
|
394 |
+
3. You may not offer or impose any additional or different terms
|
395 |
+
or conditions on, or apply any Effective Technological
|
396 |
+
Measures to, Adapted Material that restrict exercise of the
|
397 |
+
rights granted under the Adapter's License You apply.
|
398 |
+
|
399 |
+
|
400 |
+
Section 4 -- Sui Generis Database Rights.
|
401 |
+
|
402 |
+
Where the Licensed Rights include Sui Generis Database Rights that
|
403 |
+
apply to Your use of the Licensed Material:
|
404 |
+
|
405 |
+
a. for the avoidance of doubt, Section 2(a)(1) grants You the right
|
406 |
+
to extract, reuse, reproduce, and Share all or a substantial
|
407 |
+
portion of the contents of the database for NonCommercial purposes
|
408 |
+
only;
|
409 |
+
|
410 |
+
b. if You include all or a substantial portion of the database
|
411 |
+
contents in a database in which You have Sui Generis Database
|
412 |
+
Rights, then the database in which You have Sui Generis Database
|
413 |
+
Rights (but not its individual contents) is Adapted Material,
|
414 |
+
including for purposes of Section 3(b); and
|
415 |
+
|
416 |
+
c. You must comply with the conditions in Section 3(a) if You Share
|
417 |
+
all or a substantial portion of the contents of the database.
|
418 |
+
|
419 |
+
For the avoidance of doubt, this Section 4 supplements and does not
|
420 |
+
replace Your obligations under this Public License where the Licensed
|
421 |
+
Rights include other Copyright and Similar Rights.
|
422 |
+
|
423 |
+
|
424 |
+
Section 5 -- Disclaimer of Warranties and Limitation of Liability.
|
425 |
+
|
426 |
+
a. UNLESS OTHERWISE SEPARATELY UNDERTAKEN BY THE LICENSOR, TO THE
|
427 |
+
EXTENT POSSIBLE, THE LICENSOR OFFERS THE LICENSED MATERIAL AS-IS
|
428 |
+
AND AS-AVAILABLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF
|
429 |
+
ANY KIND CONCERNING THE LICENSED MATERIAL, WHETHER EXPRESS,
|
430 |
+
IMPLIED, STATUTORY, OR OTHER. THIS INCLUDES, WITHOUT LIMITATION,
|
431 |
+
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
|
432 |
+
PURPOSE, NON-INFRINGEMENT, ABSENCE OF LATENT OR OTHER DEFECTS,
|
433 |
+
ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT
|
434 |
+
KNOWN OR DISCOVERABLE. WHERE DISCLAIMERS OF WARRANTIES ARE NOT
|
435 |
+
ALLOWED IN FULL OR IN PART, THIS DISCLAIMER MAY NOT APPLY TO YOU.
|
436 |
+
|
437 |
+
b. TO THE EXTENT POSSIBLE, IN NO EVENT WILL THE LICENSOR BE LIABLE
|
438 |
+
TO YOU ON ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION,
|
439 |
+
NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, SPECIAL, INDIRECT,
|
440 |
+
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER LOSSES,
|
441 |
+
COSTS, EXPENSES, OR DAMAGES ARISING OUT OF THIS PUBLIC LICENSE OR
|
442 |
+
USE OF THE LICENSED MATERIAL, EVEN IF THE LICENSOR HAS BEEN
|
443 |
+
ADVISED OF THE POSSIBILITY OF SUCH LOSSES, COSTS, EXPENSES, OR
|
444 |
+
DAMAGES. WHERE A LIMITATION OF LIABILITY IS NOT ALLOWED IN FULL OR
|
445 |
+
IN PART, THIS LIMITATION MAY NOT APPLY TO YOU.
|
446 |
+
|
447 |
+
c. The disclaimer of warranties and limitation of liability provided
|
448 |
+
above shall be interpreted in a manner that, to the extent
|
449 |
+
possible, most closely approximates an absolute disclaimer and
|
450 |
+
waiver of all liability.
|
451 |
+
|
452 |
+
|
453 |
+
Section 6 -- Term and Termination.
|
454 |
+
|
455 |
+
a. This Public License applies for the term of the Copyright and
|
456 |
+
Similar Rights licensed here. However, if You fail to comply with
|
457 |
+
this Public License, then Your rights under this Public License
|
458 |
+
terminate automatically.
|
459 |
+
|
460 |
+
b. Where Your right to use the Licensed Material has terminated under
|
461 |
+
Section 6(a), it reinstates:
|
462 |
+
|
463 |
+
1. automatically as of the date the violation is cured, provided
|
464 |
+
it is cured within 30 days of Your discovery of the
|
465 |
+
violation; or
|
466 |
+
|
467 |
+
2. upon express reinstatement by the Licensor.
|
468 |
+
|
469 |
+
For the avoidance of doubt, this Section 6(b) does not affect any
|
470 |
+
right the Licensor may have to seek remedies for Your violations
|
471 |
+
of this Public License.
|
472 |
+
|
473 |
+
c. For the avoidance of doubt, the Licensor may also offer the
|
474 |
+
Licensed Material under separate terms or conditions or stop
|
475 |
+
distributing the Licensed Material at any time; however, doing so
|
476 |
+
will not terminate this Public License.
|
477 |
+
|
478 |
+
d. Sections 1, 5, 6, 7, and 8 survive termination of this Public
|
479 |
+
License.
|
480 |
+
|
481 |
+
|
482 |
+
Section 7 -- Other Terms and Conditions.
|
483 |
+
|
484 |
+
a. The Licensor shall not be bound by any additional or different
|
485 |
+
terms or conditions communicated by You unless expressly agreed.
|
486 |
+
|
487 |
+
b. Any arrangements, understandings, or agreements regarding the
|
488 |
+
Licensed Material not stated herein are separate from and
|
489 |
+
independent of the terms and conditions of this Public License.
|
490 |
+
|
491 |
+
|
492 |
+
Section 8 -- Interpretation.
|
493 |
+
|
494 |
+
a. For the avoidance of doubt, this Public License does not, and
|
495 |
+
shall not be interpreted to, reduce, limit, restrict, or impose
|
496 |
+
conditions on any use of the Licensed Material that could lawfully
|
497 |
+
be made without permission under this Public License.
|
498 |
+
|
499 |
+
b. To the extent possible, if any provision of this Public License is
|
500 |
+
deemed unenforceable, it shall be automatically reformed to the
|
501 |
+
minimum extent necessary to make it enforceable. If the provision
|
502 |
+
cannot be reformed, it shall be severed from this Public License
|
503 |
+
without affecting the enforceability of the remaining terms and
|
504 |
+
conditions.
|
505 |
+
|
506 |
+
c. No term or condition of this Public License will be waived and no
|
507 |
+
failure to comply consented to unless expressly agreed to by the
|
508 |
+
Licensor.
|
509 |
+
|
510 |
+
d. Nothing in this Public License constitutes or may be interpreted
|
511 |
+
as a limitation upon, or waiver of, any privileges and immunities
|
512 |
+
that apply to the Licensor or You, including from the legal
|
513 |
+
processes of any jurisdiction or authority.
|
514 |
+
|
515 |
+
=======================================================================
|
516 |
+
|
517 |
+
Creative Commons is not a party to its public
|
518 |
+
licenses. Notwithstanding, Creative Commons may elect to apply one of
|
519 |
+
its public licenses to material it publishes and in those instances
|
520 |
+
will be considered the “Licensor.” The text of the Creative Commons
|
521 |
+
public licenses is dedicated to the public domain under the CC0 Public
|
522 |
+
Domain Dedication. Except for the limited purpose of indicating that
|
523 |
+
material is shared under a Creative Commons public license or as
|
524 |
+
otherwise permitted by the Creative Commons policies published at
|
525 |
+
creativecommons.org/policies, Creative Commons does not authorize the
|
526 |
+
use of the trademark "Creative Commons" or any other trademark or logo
|
527 |
+
of Creative Commons without its prior written consent including,
|
528 |
+
without limitation, in connection with any unauthorized modifications
|
529 |
+
to any of its public licenses or any other arrangements,
|
530 |
+
understandings, or agreements concerning use of licensed material. For
|
531 |
+
the avoidance of doubt, this paragraph does not form part of the
|
532 |
+
public licenses.
|
533 |
+
|
534 |
+
Creative Commons may be contacted at creativecommons.org.
|