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Copyright (c) 2023 Stability AI |
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CreativeML Open RAIL++-M License dated July 26, 2023 |
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Section I: PREAMBLE |
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Multimodal generative models are being widely adopted and used, and |
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have the potential to transform the way artists, among other |
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individuals, conceive and benefit from AI or ML technologies as a tool |
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for content creation. |
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Notwithstanding the current and potential benefits that these |
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artifacts can bring to society at large, there are also concerns about |
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potential misuses of them, either due to their technical limitations |
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or ethical considerations. |
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In short, this license strives for both the open and responsible |
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downstream use of the accompanying model. When it comes to the open |
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character, we took inspiration from open source permissive licenses |
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regarding the grant of IP rights. Referring to the downstream |
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responsible use, we added use-based restrictions not permitting the |
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use of the model in very specific scenarios, in order for the licensor |
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to be able to enforce the license in case potential misuses of the |
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Model may occur. At the same time, we strive to promote open and |
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responsible research on generative models for art and content |
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generation. |
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Even though downstream derivative versions of the model could be |
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released under different licensing terms, the latter will always have |
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to include - at minimum - the same use-based restrictions as the ones |
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in the original license (this license). We believe in the intersection |
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between open and responsible AI development; thus, this agreement aims |
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to strike a balance between both in order to enable responsible |
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open-science in the field of AI. |
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This CreativeML Open RAIL++-M License governs the use of the model |
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(and its derivatives) and is informed by the model card associated |
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with the model. |
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NOW THEREFORE, You and Licensor agree as follows: |
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Definitions |
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"License" means the terms and conditions for use, reproduction, and |
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Distribution as defined in this document. |
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"Data" means a collection of information and/or content extracted from |
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the dataset used with the Model, including to train, pretrain, or |
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otherwise evaluate the Model. The Data is not licensed under this |
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License. |
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"Output" means the results of operating a Model as embodied in |
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informational content resulting therefrom. |
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"Model" means any accompanying machine-learning based assemblies |
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(including checkpoints), consisting of learnt weights, parameters |
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(including optimizer states), corresponding to the model architecture |
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as embodied in the Complementary Material, that have been trained or |
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tuned, in whole or in part on the Data, using the Complementary |
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Material. |
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"Derivatives of the Model" means all modifications to the Model, works |
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based on the Model, or any other model which is created or initialized |
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by transfer of patterns of the weights, parameters, activations or |
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output of the Model, to the other model, in order to cause the other |
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model to perform similarly to the Model, including - but not limited |
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to - distillation methods entailing the use of intermediate data |
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representations or methods based on the generation of synthetic data |
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by the Model for training the other model. |
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"Complementary Material" means the accompanying source code and |
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scripts used to define, run, load, benchmark or evaluate the Model, |
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and used to prepare data for training or evaluation, if any. This |
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includes any accompanying documentation, tutorials, examples, etc, if |
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any. |
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"Distribution" means any transmission, reproduction, publication or |
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other sharing of the Model or Derivatives of the Model to a third |
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party, including providing the Model as a hosted service made |
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available by electronic or other remote means - e.g. API-based or web |
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access. |
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"Licensor" means the copyright owner or entity authorized by the |
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copyright owner that is granting the License, including the persons or |
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entities that may have rights in the Model and/or distributing the |
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Model. |
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"You" (or "Your") means an individual or Legal Entity exercising |
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permissions granted by this License and/or making use of the Model for |
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whichever purpose and in any field of use, including usage of the |
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Model in an end-use application - e.g. chatbot, translator, image |
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generator. |
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"Third Parties" means individuals or legal entities that are not under |
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common control with Licensor or You. |
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"Contribution" means any work of authorship, including the original |
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version of the Model and any modifications or additions to that Model |
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or Derivatives of the Model thereof, that is intentionally submitted |
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to Licensor for inclusion in the Model by the copyright owner or by an |
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individual or Legal Entity authorized to submit on behalf of the |
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copyright owner. For the purposes of this definition, "submitted" |
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means any form of electronic, verbal, or written communication sent to |
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the Licensor or its representatives, including but not limited to |
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communication on electronic mailing lists, source code control |
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systems, and issue tracking systems that are managed by, or on behalf |
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of, the Licensor for the purpose of discussing and improving the |
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Model, but excluding communication that is conspicuously marked or |
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otherwise designated in writing by the copyright owner as "Not a |
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Contribution." |
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"Contributor" means Licensor and any individual or Legal Entity on |
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behalf of whom a Contribution has been received by Licensor and |
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subsequently incorporated within the Model. |
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Section II: INTELLECTUAL PROPERTY RIGHTS |
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Both copyright and patent grants apply to the Model, Derivatives of |
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the Model and Complementary Material. The Model and Derivatives of the |
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Model are subject to additional terms as described in |
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Section III. |
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Grant of Copyright License. Subject to the terms and conditions of |
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this License, each Contributor hereby grants to You a perpetual, |
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worldwide, non-exclusive, no-charge, royalty-free, irrevocable |
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copyright license to reproduce, prepare, publicly display, publicly |
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perform, sublicense, and distribute the Complementary Material, the |
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Model, and Derivatives of the Model. |
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Grant of Patent License. Subject to the terms and conditions of this |
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License and where and as applicable, each Contributor hereby grants to |
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You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, |
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irrevocable (except as stated in this paragraph) patent license to |
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make, have made, use, offer to sell, sell, import, and otherwise |
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transfer the Model and the Complementary Material, where such license |
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applies only to those patent claims licensable by such Contributor |
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that are necessarily infringed by their Contribution(s) alone or by |
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combination of their Contribution(s) with the Model to which such |
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Contribution(s) was submitted. If You institute patent litigation |
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against any entity (including a cross-claim or counterclaim in a |
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lawsuit) alleging that the Model and/or Complementary Material or a |
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Contribution incorporated within the Model and/or Complementary |
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Material constitutes direct or contributory patent infringement, then |
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any patent licenses granted to You under this License for the Model |
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and/or Work shall terminate as of the date such litigation is asserted |
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or filed. |
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Section III: CONDITIONS OF USAGE, DISTRIBUTION AND REDISTRIBUTION |
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Distribution and Redistribution. You may host for Third Party remote |
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access purposes (e.g. software-as-a-service), reproduce and distribute |
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copies of the Model or Derivatives of the Model thereof in any medium, |
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with or without modifications, provided that You meet the following |
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conditions: Use-based restrictions as referenced in paragraph 5 MUST |
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be included as an enforceable provision by You in any type of legal |
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agreement (e.g. a license) governing the use and/or distribution of |
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the Model or Derivatives of the Model, and You shall give notice to |
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subsequent users You Distribute to, that the Model or Derivatives of |
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the Model are subject to paragraph 5. This provision does not apply to |
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the use of Complementary Material. You must give any Third Party |
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recipients of the Model or Derivatives of the Model a copy of this |
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License; You must cause any modified files to carry prominent notices |
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stating that You changed the files; You must retain all copyright, |
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patent, trademark, and attribution notices excluding those notices |
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that do not pertain to any part of the Model, Derivatives of the |
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Model. You may add Your own copyright statement to Your modifications |
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and may provide additional or different license terms and conditions - |
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respecting paragraph 4.a. - for use, reproduction, or Distribution of |
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Your modifications, or for any such Derivatives of the Model as a |
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whole, provided Your use, reproduction, and Distribution of the Model |
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otherwise complies with the conditions stated in this License. |
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Use-based restrictions. The restrictions set forth in Attachment A are |
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considered Use-based restrictions. Therefore You cannot use the Model |
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and the Derivatives of the Model for the specified restricted |
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uses. You may use the Model subject to this License, including only |
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for lawful purposes and in accordance with the License. Use may |
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include creating any content with, finetuning, updating, running, |
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training, evaluating and/or reparametrizing the Model. You shall |
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require all of Your users who use the Model or a Derivative of the |
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Model to comply with the terms of this paragraph (paragraph 5). |
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The Output You Generate. Except as set forth herein, Licensor claims |
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no rights in the Output You generate using the Model. You are |
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accountable for the Output you generate and its subsequent uses. No |
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use of the output can contravene any provision as stated in the |
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License. |
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Section IV: OTHER PROVISIONS |
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Updates and Runtime Restrictions. To the maximum extent permitted by |
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law, Licensor reserves the right to restrict (remotely or otherwise) |
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usage of the Model in violation of this License. |
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Trademarks and related. Nothing in this License permits You to make |
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use of Licensors’ trademarks, trade names, logos or to otherwise |
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suggest endorsement or misrepresent the relationship between the |
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parties; and any rights not expressly granted herein are reserved by |
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the Licensors. |
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Disclaimer of Warranty. Unless required by applicable law or agreed to |
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in writing, Licensor provides the Model and the Complementary Material |
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(and each Contributor provides its Contributions) on an "AS IS" BASIS, |
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WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or |
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implied, including, without limitation, any warranties or conditions |
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of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A |
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PARTICULAR PURPOSE. You are solely responsible for determining the |
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appropriateness of using or redistributing the Model, Derivatives of |
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the Model, and the Complementary Material and assume any risks |
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associated with Your exercise of permissions under this License. |
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Limitation of Liability. In no event and under no legal theory, |
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whether in tort (including negligence), contract, or otherwise, unless |
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required by applicable law (such as deliberate and grossly negligent |
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acts) or agreed to in writing, shall any Contributor be liable to You |
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for damages, including any direct, indirect, special, incidental, or |
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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 Model and the |
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Complementary Material (including but not limited to damages for loss |
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of goodwill, work stoppage, computer failure or malfunction, or any |
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and all other commercial damages or losses), even if such Contributor |
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has been advised of the possibility of such damages. |
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Accepting Warranty or Additional Liability. While redistributing the |
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Model, Derivatives of the Model and the Complementary Material |
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thereof, You may choose to offer, and charge a fee for, acceptance of |
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support, warranty, indemnity, or other liability obligations and/or |
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rights consistent with this License. However, in accepting such |
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obligations, You may act only on Your own behalf and on Your sole |
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responsibility, not on behalf of any other Contributor, and only if |
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You agree to indemnify, defend, and hold each Contributor harmless for |
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any liability incurred by, or claims asserted against, such |
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Contributor by reason of your accepting any such warranty or |
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additional liability. |
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If any provision of this License is held to be invalid, illegal or |
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unenforceable, the remaining provisions shall be unaffected thereby |
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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, |
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local or international law or regulation; |
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* For the purpose of exploiting, harming or attempting to exploit or |
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harm minors in any way; |
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* To generate or disseminate verifiably false information and/or |
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content with the purpose of harming others; |
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* To generate or disseminate personal identifiable information that |
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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 |
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individual’s legal rights or otherwise creates or modifies a |
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binding, enforceable obligation; |
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* For any use intended to or which has the effect of discriminating |
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against or harming individuals or groups based on online or offline |
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social behavior or known or predicted personal or personality |
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characteristics; |
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* To exploit any of the vulnerabilities of a specific group of persons |
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based on their age, social, physical or mental characteristics, in |
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order to materially distort the behavior of a person pertaining to |
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that group in a manner that causes or is likely to cause that person |
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or another person physical or psychological harm; |
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* For any use intended to or which has the effect of discriminating |
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against individuals or groups based on legally protected |
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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 |
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for administration of justice, law enforcement, immigration or |
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asylum processes, such as predicting an individual will commit |
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fraud/crime commitment (e.g. by text profiling, drawing causal |
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relationships between assertions made in documents, indiscriminate |
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and arbitrarily-targeted use). |
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