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LICENSED MATERIAL (INCLUDING DATA) - LICENSE TO USE |
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The Licensed Material (as defined below) is made available to You by Alexandra |
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Instituttet A/S, Åbogade 34, 8200 Aarhus N, Denmark and may be utilised solely in |
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accordance with the license terms stipulated in this document. |
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The license is based on "AI PUBS OPEN RAIL-M LICENSE" available at |
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www.licenses.ai/ai-licenses modified to fit the licensing of Data (hereinafter referred |
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to as "the Conditions"), a copy of the modified conditions is attached hereto, with the |
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following additions: |
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1. The license is governed by the laws of the Kingdom of Denmark |
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2. Any dispute arising out of or in connection herewith, including any disputes |
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regarding the existence, validity or termination of the license, shall be first |
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referred to mediation administered by the Danish Institute of Arbitration in |
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accordance with the Rules on Mediation adopted by the Board of the Danish Institute |
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of Arbitration. If the mediation proceedings are terminated without a settlement, |
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the dispute shall be finally settled by arbitration administered by the Danish |
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Institute of Arbitration in accordance with the Rules of Arbitration adopted by the |
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Board of the Danish Institute of Arbitration. The arbitral tribunal shall be |
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composed of three arbitrators. The place of arbitration shall be Aarhus, Denmark. |
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The language to be used in the arbitral proceedings shall be the English language. |
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3. If, at any time, the compilation, storage, utilisation, or processing of the |
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Licensed Material or the Adapted Material (all as defined below) constitute |
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violation of applicable laws, regardless of anything to the contrary in these |
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conditions, the license shall automatically become null and void without any |
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liability for the Licensor whatsoever. |
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4. Supplementing Attachment A to the Conditions, You additionally agree not to use the |
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Licensed Material or the Adapted Material: |
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(a) To impersonate any person or entity or otherwise misrepresent its affiliation |
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with a person or entity, including (but not limited to) the creation of |
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synthetic speech (i) emulating a specific natural person or (ii) which is found |
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to be similar to a specific natural person's speech (regardless of whether the |
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identity of such natural person is known at the time of the creation); or |
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(b) To detect or infer aspects and/or features of an identity of any natural |
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persons, such as name, family name, address, gender, sexual orientation, race, |
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religion, age, location (at any geographical level), skin color, society or |
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political affiliations, employment status and/or employment history, and health |
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and medical conditions. |
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CONDITIONS |
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Section I: PREAMBLE |
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These Conditions are based on OpenRAIL-M License adopted to fit the licensing of Data. A |
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version of the Conditions with all changes to the OpenRAIL-M License highlighted is |
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available at www.licenses.ai/ai-licenses. The “Open” nomenclature indicates that the |
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Licensed Material is freely accessible to downstream and other users. The “RAIL” |
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nomenclature indicates that there are use restrictions prohibiting the use of the |
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Licensed Material. These restrictions are intended to avoid potential misuse. Even |
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though Adapted Material could be released under different licensing terms, the |
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Conditions specify that the use restrictions in the original License must apply to such |
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Adapted Material. |
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NOW THEREFORE, You and Licensor agree as follows: |
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1. Definitions |
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(a) "Adapted Material" means material (including Models) derived from or based upon |
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the Licensed Material. |
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(b) "Data"” means a collection of information and/or content extracted from the |
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dataset used with the Model, including to train, pretrain, or otherwise evaluate |
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a Model. The Data form part of the Licensed Material. |
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(c) "Distribution" means any transmission, reproduction, publication or other |
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sharing of the Licensed Material or the Adapted Material to a third party, |
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including providing the Licensed Material or the Adapted Material as a hosted |
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service made available by electronic or other remote means - e.g. API-based or |
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web access. |
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(d) "Harm" includes but is not limited to physical, mental, psychological, financial |
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and reputational damage, pain, or loss |
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(e) "License" means the terms and conditions for use, reproduction, and Distribution |
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as defined in this document, including the additions and amendments stated |
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above. |
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(f) "Licensed Material" means the artistic or literary work, database, or other |
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material to which the Licensor applied this License. |
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(g) "Licensor" means the rights owner or entity authorized by the rights owner that |
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is granting the License, including the persons or entities that may have rights |
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in the Licensed Material or the Adapted Material and/or distributing the |
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Licensed Material or the Adapted Material. |
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(h) "Model" means any accompanying machine-learning based assemblies (including |
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checkpoints), consisting of learnt weights, parameters (including optimizer |
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states), that have been trained or tuned, in whole or in part on the Data, using |
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the Licensed Material. The term "Model" includes algorithmic assemblies, |
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including but not limited to machine-learning based assemblies trained on |
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Licensed Material as well as other material and/or data. |
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(i) "Output" means the results of operating a Model as embodied in informational |
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content resulting therefrom. |
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(j) "Third Parties" means individuals or legal entities that are not under common |
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control with Licensor or You. |
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(k) "You" (or "Your") means an individual or legal entity exercising permissions |
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granted by this License and/or making use of the Licensed Material for whichever |
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purpose and in any field of use, including usage of the Licensed Material or |
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Adapted Material in an end-use application - e.g. chatbot, translator, image |
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generator, speech recognizer, speech generator, adapter etc. |
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Section II: INTELLECTUAL PROPERTY RIGHTS |
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Both copyright and patent grants may apply to the Licensed Material or the Adapted |
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Material. The Licensed Material or the Adapted Material are subject to additional terms |
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as described in Section III, which shall govern the use of the Licensed Material or the |
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Adapted Material even in the event Section II is held unenforceable. |
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2. Grant of Copyright License. Subject to the terms and conditions of this License, |
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Licensor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, |
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royalty-free, irrevocable copyright license to reproduce, prepare, publicly display, |
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publicly perform, sublicense, and distribute the Licensed Material or the Adapted |
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Material. |
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Section III: CONDITIONS OF USAGE, DISTRIBUTION AND REDISTRIBUTION |
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3. Distribution and Redistribution. You may host for Third Party remote access purposes |
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(e.g. software-as-a-service), reproduce and distribute copies of the Licensed |
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Material or the Adapted Material in any medium, with or without modifications, |
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provided that You meet the following conditions: |
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(a) Use-based restrictions in paragraph 4 MUST be included as an enforceable |
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provision by You in any type of legal agreement (e.g. a license) governing the |
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use and/or distribution of the Licensed Material or the Adapted Material, and |
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You shall give notice to subsequent users You Distribute to, that the Licensed |
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Material or the Adapted Material are subject to paragraph 4. |
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(b) You must give any Third Party recipients of the Licensed Material or the Adapted |
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Material a copy of this License; |
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(c) You must cause any modified files to carry prominent notices stating that You |
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changed the files; |
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(d) You must retain all copyright, patent, trademark, and attribution notices |
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excluding those notices that do not pertain to any part of the Licensed Material |
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or the Adapted Material. You may add Your own copyright statement to Your |
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modifications and may provide additional or different license terms and |
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conditions - respecting paragraph 3.a - for use, reproduction, or Distribution |
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of Your modifications, or for any such Adapted Material as a whole, provided |
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Your use, reproduction, and Distribution of the Licensed Material or the Adapted |
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Material otherwise complies with the conditions stated in this License. |
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4. Use-based restrictions. The restrictions set forth in Attachment A are considered |
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Use-based restrictions. Therefore You cannot use the Licensed Material or the Adapted |
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Material in violation of such restrictions. You may use the Licensed Material or the |
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Adapted Material subject to this License, including only for lawful purposes and in |
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accordance with the License. You shall require all of Your users who use the Licensed |
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Material or the Adapted Material to comply with the terms of this paragraph 4. |
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5. The Output You Generate. Except as set forth herein, Licensor claims no rights in the |
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Output You generate using the Licensed Material or the Adapted Material. You are |
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accountable for the Output you generate and its subsequent uses. No use of the output |
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can contravene any provision as stated in the License. |
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Section IV: OTHER PROVISIONS |
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6. Updates and Runtime Restrictions. To the maximum extent permitted by law, Licensor |
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reserves the right to restrict (remotely or otherwise) usage of the Licensed Material |
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or the Adapted Material in violation of this License or update the Licensed Material |
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through electronic means. |
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7. Trademarks and related. Nothing in this License permits You to make use of Licensors’ |
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trademarks, trade names, logos or to otherwise suggest endorsement or misrepresent |
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the relationship between the parties; and any rights not expressly granted herein are |
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reserved by the Licensors. |
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8. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, |
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Licensor provides the Licensed Material on an "AS IS" BASIS, WITHOUT WARRANTIES OR |
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CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any |
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warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR |
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A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness |
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of using or redistributing the Licensed Material or the Adapted Material, and assume |
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any risks associated with Your exercise of permissions under this License. |
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9. Limitation of Liability. In no event and under no legal theory, whether in tort |
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(including negligence), contract, or otherwise, unless required by applicable law |
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(such as deliberate and grossly negligent acts) or agreed to in writing, shall |
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Licensor be liable to You for damages, including any direct, indirect, special, |
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incidental, or consequential damages of any character arising as a result of this |
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License or out of the use or inability to use the Licensed Material (including but |
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not limited to damages for loss of goodwill, work stoppage, computer failure or |
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malfunction, or any and all other commercial damages or losses), even if Licensor has |
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been advised of the possibility of such damages. |
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10. Accepting Warranty or Additional Liability. While redistributing the Licensed |
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Material or the Adapted Material, You may choose to charge a fee in exchange for |
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support, warranty, indemnity, or other obligations and/or rights consistent with |
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this License. However, in accepting such obligations, You may act only on Your own |
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behalf and on Your sole responsibility, not on behalf of Licensor, and only if You |
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agree to indemnify, defend, and hold Licensor harmless for any liability incurred |
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by, or claims asserted against, Licensor by reason of your accepting any such |
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warranty or additional liability. |
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11. If any provision of this License is held to be invalid, illegal or unenforceable, |
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the remaining provisions shall be unaffected thereby and remain valid as if such |
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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 Licensed Material or the Adapted Material in any of the |
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following ways: |
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1. Legal: |
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(a) In any way that violates any applicable national, federal, state, local or |
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international law or regulation. |
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2. Harm and Discrimination |
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(a) For the purpose of exploiting, Harming or attempting to exploit or Harm minors |
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in any way; |
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(b) To generate or disseminate false information with the purpose of Harming others; |
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(c) To generate or disseminate personal identifiable information that can be used to |
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Harm an individual; |
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(d) To defame, disparage or otherwise harass others; |
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(e) For any use intended to or which has the effect of Harming individuals or groups |
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based on online or offline social behavior or known or predicted personal or |
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personality characteristics |
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(f) To exploit any of the vulnerabilities of a specific group of persons based on |
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their age, social, physical or mental characteristics, in order to materially |
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distort the behavior of a person belonging to that group in a manner that causes |
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or is likely to cause that person or another person Harm |
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(g) For any use intended to or which has the effect of discriminating against |
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individuals or groups based on legally protected characteristics or categories. |
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3. Transparency |
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(a) To generate or disseminate machine-generated information or content in any |
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medium without expressly and intelligibly disclaiming that it is |
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machine-generated; |
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(b) To impersonate or attempt to impersonate human beings for purposes of deception; |
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(c) For fully automated decision making that adversely impacts an individual’s legal |
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rights or otherwise creates or modifies a binding, enforceable obligation. |
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