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MASt3R
Copyright 2024-present NAVER Corp.
This project's checkpoints were trained on datasets with separate license terms.
Your use of theses checkpoints is subject to the terms and conditions of the following licenses.
===
pretrained model:
DUSt3R: DUSt3R_ViTLarge_BaseDecoder_512_dpt
https://github.com/naver/dust3r
In particular, from the croco training set:
3D_Street_View
https://github.com/amir32002/3D_Street_View/blob/master/LICENSE
This dataset is made freely available to academic and non-academic entities for non-commercial purposes such as academic research, teaching, scientific publications, or personal experimentation. Permission is granted to use the data given that you agree:
1. That the dataset comes "AS IS", without express or implied warranty. Although every effort has been made to ensure accuracy, we do not accept any responsibility for errors or omissions.
2. That you include a reference to the Dataset in any work that makes use of the dataset. For research papers, cite our publication as listed on our website.
3. That you do not distribute this dataset or modified versions. It is permissible to distribute derivative works in as far as they are abstract representations of this dataset (such as models trained on it or additional annotations that do not directly include any of our data) and do not allow to recover the dataset or something similar in character.
4. That you may not use the dataset or any derivative work for commercial purposes as, for example, licensing or selling the data, or using the data with a purpose to procure a commercial gain.
That all rights not expressly granted to you are reserved by us.
In addition, using the dataset is subject to the following standard terms:
Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
Indoor Visual Localization datasets (IndoorVL)
https://challenge.naverlabs.com/kapture/GangnamStation_LICENSE.txt
https://challenge.naverlabs.com/kapture/HyundaiDepartmentStore_LICENSE.txt
LICENSE.txt
Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 (modified ver.)
International Public License
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===
CO3Dv2
Creative Commons Attribution-NonCommercial 4.0 International Public
License
By exercising the Licensed Rights (defined below), You accept and agree
to be bound by the terms and conditions of this Creative Commons
Attribution-NonCommercial 4.0 International Public License ("Public
License"). To the extent this Public License may be interpreted as a
contract, You are granted the Licensed Rights in consideration of Your
acceptance of these terms and conditions, and the Licensor grants You
such rights in consideration of benefits the Licensor receives from
making the Licensed Material available under these terms and
conditions.
Section 1 -- Definitions.
a. Adapted Material means material subject to Copyright and Similar
Rights that is derived from or based upon the Licensed Material
and in which the Licensed Material is translated, altered,
arranged, transformed, or otherwise modified in a manner requiring
permission under the Copyright and Similar Rights held by the
Licensor. For purposes of this Public License, where the Licensed
Material is a musical work, performance, or sound recording,
Adapted Material is always produced where the Licensed Material is
synched in timed relation with a moving image.
b. Adapter's License means the license You apply to Your Copyright
and Similar Rights in Your contributions to Adapted Material in
accordance with the terms and conditions of this Public License.
c. Copyright and Similar Rights means copyright and/or similar rights
closely related to copyright including, without limitation,
performance, broadcast, sound recording, and Sui Generis Database
Rights, without regard to how the rights are labeled or
categorized. For purposes of this Public License, the rights
specified in Section 2(b)(1)-(2) are not Copyright and Similar
Rights.
d. Effective Technological Measures means those measures that, in the
absence of proper authority, may not be circumvented under laws
fulfilling obligations under Article 11 of the WIPO Copyright
Treaty adopted on December 20, 1996, and/or similar international
agreements.
e. Exceptions and Limitations means fair use, fair dealing, and/or
any other exception or limitation to Copyright and Similar Rights
that applies to Your use of the Licensed Material.
f. Licensed Material means the artistic or literary work, database,
or other material to which the Licensor applied this Public
License.
g. Licensed Rights means the rights granted to You subject to the
terms and conditions of this Public License, which are limited to
all Copyright and Similar Rights that apply to Your use of the
Licensed Material and that the Licensor has authority to license.
h. Licensor means the individual(s) or entity(ies) granting rights
under this Public License.
i. NonCommercial means not primarily intended for or directed towards
commercial advantage or monetary compensation. For purposes of
this Public License, the exchange of the Licensed Material for
other material subject to Copyright and Similar Rights by digital
file-sharing or similar means is NonCommercial provided there is
no payment of monetary compensation in connection with the
exchange.
j. Share means to provide material to the public by any means or
process that requires permission under the Licensed Rights, such
as reproduction, public display, public performance, distribution,
dissemination, communication, or importation, and to make material
available to the public including in ways that members of the
public may access the material from a place and at a time
individually chosen by them.
k. Sui Generis Database Rights means rights other than copyright
resulting from Directive 96/9/EC of the European Parliament and of
the Council of 11 March 1996 on the legal protection of databases,
as amended and/or succeeded, as well as other essentially
equivalent rights anywhere in the world.
l. You means the individual or entity exercising the Licensed Rights
under this Public License. Your has a corresponding meaning.
Section 2 -- Scope.
a. License grant.
1. Subject to the terms and conditions of this Public License,
the Licensor hereby grants You a worldwide, royalty-free,
non-sublicensable, non-exclusive, irrevocable license to
exercise the Licensed Rights in the Licensed Material to:
a. reproduce and Share the Licensed Material, in whole or
in part, for NonCommercial purposes only; and
b. produce, reproduce, and Share Adapted Material for
NonCommercial purposes only.
2. Exceptions and Limitations. For the avoidance of doubt, where
Exceptions and Limitations apply to Your use, this Public
License does not apply, and You do not need to comply with
its terms and conditions.
3. Term. The term of this Public License is specified in Section
6(a).
4. Media and formats; technical modifications allowed. The
Licensor authorizes You to exercise the Licensed Rights in
all media and formats whether now known or hereafter created,
and to make technical modifications necessary to do so. The
Licensor waives and/or agrees not to assert any right or
authority to forbid You from making technical modifications
necessary to exercise the Licensed Rights, including
technical modifications necessary to circumvent Effective
Technological Measures. For purposes of this Public License,
simply making modifications authorized by this Section 2(a)
(4) never produces Adapted Material.
5. Downstream recipients.
a. Offer from the Licensor -- Licensed Material. Every
recipient of the Licensed Material automatically
receives an offer from the Licensor to exercise the
Licensed Rights under the terms and conditions of this
Public License.
b. No downstream restrictions. You may not offer or impose
any additional or different terms or conditions on, or
apply any Effective Technological Measures to, the
Licensed Material if doing so restricts exercise of the
Licensed Rights by any recipient of the Licensed
Material.
6. No endorsement. Nothing in this Public License constitutes or
may be construed as permission to assert or imply that You
are, or that Your use of the Licensed Material is, connected
with, or sponsored, endorsed, or granted official status by,
the Licensor or others designated to receive attribution as
provided in Section 3(a)(1)(A)(i).
b. Other rights.
1. Moral rights, such as the right of integrity, are not
licensed under this Public License, nor are publicity,
privacy, and/or other similar personality rights; however, to
the extent possible, the Licensor waives and/or agrees not to
assert any such rights held by the Licensor to the limited
extent necessary to allow You to exercise the Licensed
Rights, but not otherwise.
2. Patent and trademark rights are not licensed under this
Public License.
3. To the extent possible, the Licensor waives any right to
collect royalties from You for the exercise of the Licensed
Rights, whether directly or through a collecting society
under any voluntary or waivable statutory or compulsory
licensing scheme. In all other cases the Licensor expressly
reserves any right to collect such royalties, including when
the Licensed Material is used other than for NonCommercial
purposes.
Section 3 -- License Conditions.
Your exercise of the Licensed Rights is expressly made subject to the
following conditions.
a. Attribution.
1. If You Share the Licensed Material (including in modified
form), You must:
a. retain the following if it is supplied by the Licensor
with the Licensed Material:
i. identification of the creator(s) of the Licensed
Material and any others designated to receive
attribution, in any reasonable manner requested by
the Licensor (including by pseudonym if
designated);
ii. a copyright notice;
iii. a notice that refers to this Public License;
iv. a notice that refers to the disclaimer of
warranties;
v. a URI or hyperlink to the Licensed Material to the
extent reasonably practicable;
b. indicate if You modified the Licensed Material and
retain an indication of any previous modifications; and
c. indicate the Licensed Material is licensed under this
Public License, and include the text of, or the URI or
hyperlink to, this Public License.
2. You may satisfy the conditions in Section 3(a)(1) in any
reasonable manner based on the medium, means, and context in
which You Share the Licensed Material. For example, it may be
reasonable to satisfy the conditions by providing a URI or
hyperlink to a resource that includes the required
information.
3. If requested by the Licensor, You must remove any of the
information required by Section 3(a)(1)(A) to the extent
reasonably practicable.
4. If You Share Adapted Material You produce, the Adapter's
License You apply must not prevent recipients of the Adapted
Material from complying with this Public License.
Section 4 -- Sui Generis Database Rights.
Where the Licensed Rights include Sui Generis Database Rights that
apply to Your use of the Licensed Material:
a. for the avoidance of doubt, Section 2(a)(1) grants You the right
to extract, reuse, reproduce, and Share all or a substantial
portion of the contents of the database for NonCommercial purposes
only;
b. if You include all or a substantial portion of the database
contents in a database in which You have Sui Generis Database
Rights, then the database in which You have Sui Generis Database
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===
ARKitScenes
Creative Commons Attribution-NonCommercial-ShareAlike 4.0: https://creativecommons.org/licenses/by-nc-sa/4.0/
===
ScanNet++
https://kaldir.vc.in.tum.de/scannetpp/static/scannetpp-terms-of-use.pdf
===
BlendedMVS
Creative Commons Attribution 4.0 International: http://creativecommons.org/licenses/by/4.0/
===
Habitat-Sim
HM3D
https://matterport.com/fr/legal/matterport-end-user-license-agreement-academic-use-model-data
ScanNet
https://kaldir.vc.in.tum.de/scannet/ScanNet_TOS.pdf
Replica
Before Facebook Technologies, LLC (“FB”) is able to offer you (“Researcher” or
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agreement (“Agreement”).
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this Dataset.
ReplicaCAD
Creative Commons Attribution 4.0 International (CC BY 4.0): https://creativecommons.org/licenses/by/4.0/
habitat-sim
MIT License
Copyright (c) Meta Platforms, Inc. and its affiliates.
Permission is hereby granted, free of charge, to any person obtaining a copy
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OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.
===
MegaDepth
MIT License
Copyright (c) 2018 Zhengqi Li
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
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LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.
===
StaticThings3D
Apache License
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http://www.apache.org/licenses/
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===
WildRGB-D
https://github.com/wildrgbd/wildrgbd/
MIT License
Copyright (c) 2024 rowdataset
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
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LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.
===
TartanAir
Creative Commons Attribution 4.0 International License: http://creativecommons.org/licenses/by/4.0/
===
UnrealStereo4K
https://github.com/fabiotosi92/SMD-Nets
MIT License
Copyright (c) 2021 Fabio Tosi
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
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LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
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SOFTWARE.
===
Virtual KITTI 2
Creative Commons Attribution-NonCommercial-ShareAlike 3.0: http://creativecommons.org/licenses/by-nc-sa/3.0/legalcode
===
DL3DV
DL3DV-10K Term of use and Creative Commons Attribution-NonCommercial 4.0 International License.
Terms of Use
Researcher shall use the Dataset only for non-commercial research and educational purposes.
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For the avoidance of doubt, this Section 6(b) does not affect any
right the Licensor may have to seek remedies for Your violations
of this Public License.
c. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License.
d. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.
Section 7 -- Other Terms and Conditions.
a. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
b. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License.
Section 8 -- Interpretation.
a. For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License.
b. To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions.
c. No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
d. Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.
===
Niantic Map Free Relocalization Dataset License Agreement
This Niantic Map Free Relocalization Dataset License Agreement ("Agreement") is an agreement between you and Niantic, Inc. (“Niantic” or “we”). By downloading or otherwise using Niantic’s Map-Free Relocalization dataset or dataset-derived materials (collectively, the "Dataset") you agree to:
1. Purpose and Restrictions. You may only use the Dataset only for non-commercial purposes, such as academic research at educational and not-for-profit research institutions, teaching, public demonstrations, and personal experimentation. Non-commercial use expressly excludes any profit-making or commercial activities, including without limitation sale, license, manufacture or development of commercial products, use in commercially-sponsored research, use at a laboratory or other facility owned or controlled (whether in whole or in part) by a commercial entity, provision of consulting service, use for or on behalf of any commercial entity, and use in consulting service, use for or on behalf of any commercial entity, use in research where a commercial party obtains rights to research results or any other benefit. Notwithstanding the foregoing restrictions, you can use this Dataset for publishing comparison results for academic papers, including retraining your models on this Dataset.
2. License. Subject to this Agreement, Niantic grants you a non-exclusive, non-transferable, non-sublicensable right to download and use the Dataset for the purpose stated in Section 1 of this Agreement. All rights not expressly granted to you in this Agreement are reserved.
3. Condition of Use. You must not use the Dataset in a way that could diminish, tarnish, or in any way harm Niantic’s reputation or image.
4. No Warranties. The Dataset comes “as is”, and you will use it at your own risk. Niantic makes no representations or warranties regarding the Dataset, including but not limited to warranties of non-infringement or fitness for a particular purpose. Neither Niantic nor any contributor to the Dataset will be liable for any damages related to the Dataset or this Agreement, including direct, indirect, special, consequential or incidental damages, to the maximum extent the law permits, no matter what legal theory they are based on. We are not obligated to (and will not) provide technical support for the Dataset.
5. Indemnity. You accept full responsibility for your use of the Dataset and shall defend and indemnify Niantic, including its employees, officers and agents, against any and all claims arising from your use of the Dataset.
6. Removal. Niantic reserves the right to remove access to the Dataset at any time without cause. If you have downloaded a copy of the Dataset prior to such removal, you may use such a copy subject to this Agreement, but you may not distribute your copy.
7. Termination. This Agreement will terminate immediately upon your commercial use of the Dataset.
8. Authorized Representative. If you are employed by a for-profit, commercial entity, your employer shall also be bound by the terms and conditions of this Agreement, and you hereby represent that you are fully authorized to enter into this Agreement on behalf of such employer.
9. Survivability. Sections 2, 4, 5, 6, 7, 8, 9, and 10 of this Agreement survive the termination of this Agreement.
10. Misc. This Agreement is governed and construed in all respects in accordance with the laws of the State of California, USA without regard to conflicts of law. If any provision of this Agreement is deemed unenforceable or contrary to law, the rest of this Agreement shall remain in full effect and enforceable. If you do not agree to this Agreement, do not download or use the Dataset. The Dataset is protected by copyright and other intellectual property laws and is licensed, not sold.
===
NVIDIA Source Code License for SegFormer
1. Definitions
“Licensor” means any person or entity that distributes its Work.
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this License.
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U.S. copyright law; provided, however, that for the purposes of this License, derivative works shall not include
works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work.
Works, including the Software, are “made available” under this License by including in or with the Work either
(a) a copyright notice referencing the applicability of this License to the Work, or (b) a copy of this License.
2. License Grant
2.1 Copyright Grant. Subject to the terms and conditions of this License, each Licensor grants to you a perpetual,
worldwide, non-exclusive, royalty-free, copyright license to reproduce, prepare derivative works of, publicly
display, publicly perform, sublicense and distribute its Work and any resulting derivative works in any form.
3. Limitations
3.1 Redistribution. You may reproduce or distribute the Work only if (a) you do so under this License, (b) you
include a complete copy of this License with your distribution, and (c) you retain without modification any
copyright, patent, trademark, or attribution notices that are present in the Work.
3.2 Derivative Works. You may specify that additional or different terms apply to the use, reproduction, and
distribution of your derivative works of the Work (“Your Terms”) only if (a) Your Terms provide that the use
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requirements in Section 3.1) will continue to apply to the Work itself.
3.3 Use Limitation. The Work and any derivative works thereof only may be used or intended for use
non-commercially. Notwithstanding the foregoing, NVIDIA and its affiliates may use the Work and any derivative
works commercially. As used herein, “non-commercially” means for research or evaluation purposes only.
3.4 Patent Claims. If you bring or threaten to bring a patent claim against any Licensor (including any claim,
cross-claim or counterclaim in a lawsuit) to enforce any patents that you allege are infringed by any Work, then
your rights under this License from such Licensor (including the grant in Section 2.1) will terminate immediately.
3.5 Trademarks. This License does not grant any rights to use any Licensor’s or its affiliates’ names, logos,
or trademarks, except as necessary to reproduce the notices described in this License.
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grant in Section 2.1) will terminate immediately.
4. Disclaimer of Warranty.
THE WORK IS PROVIDED “AS IS” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
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BEAR THE RISK OF UNDERTAKING ANY ACTIVITIES UNDER THIS LICENSE.
5. Limitation of Liability.
EXCEPT AS PROHIBITED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE SHALL ANY LICENSOR BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS LICENSE, THE USE OR
INABILITY TO USE THE WORK (INCLUDING BUT NOT LIMITED TO LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOST PROFITS OR
DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMM ERCIAL DAMAGES OR LOSSES), EVEN IF THE LICENSOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
===
CosXL License Agreement
STABILITY AI NON-COMMERCIAL RESEARCH COMMUNITY LICENSE AGREEMENT Dated: April 7th, 2024
By clicking “I Accept” below or by using or distributing any portion or element of the Models, Software, Software Products or Derivative Works, you agree to the terms of this License. If you do not agree to this License, then you do not have any rights to use the Software Products or Derivative Works through this License, and you must immediately cease using the Software Products or Derivative Works. If you are agreeing to be bound by the terms of this License on behalf of your employer or other entity, you represent and warrant to Stability AI that you have full legal authority to bind your employer or such entity to this License. If you do not have the requisite authority, you may not accept the License or access the Software Products or Derivative Works on behalf of your employer or other entity.
"Agreement" means this Stable Non-Commercial Research Community License Agreement.
“AUP” means the Stability AI Acceptable Use Policy available at https://stability.ai/use-policy, as may be updated from time to time.
"Derivative Work(s)” means (a) any derivative work of the Software Products as recognized by U.S. copyright laws and (b) any modifications to a Model, and any other model created which is based on or derived from the Model or the Model’s output. For clarity, Derivative Works do not include the output of any Model.
“Documentation” means any specifications, manuals, documentation, and other written information provided by Stability AI related to the Software.
"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.
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“Non-Commercial Uses” means exercising any of the rights granted herein for the purpose of research or non-commercial purposes. Non-Commercial Uses does not include any production use of the Software Products or any Derivative Works.
"Stability AI" or "we" means Stability AI Ltd. and its affiliates.
"Software" means Stability AI’s proprietary software made available under this Agreement.
“Software Products” means the Models, Software and Documentation, individually or in any combination.
License Rights and Redistribution.
a. Subject to your compliance with this Agreement, the AUP (which is hereby incorporated herein by reference), and the Documentation, Stability AI grants you a non-exclusive, worldwide, non-transferable, non-sublicensable, revocable, royalty free and limited license under Stability AI’s intellectual property or other rights owned or controlled by Stability AI embodied in the Software Products to use, reproduce, distribute, and create Derivative Works of, the Software Products, in each case for Non-Commercial Uses only.
b. You may not use the Software Products or Derivative Works to enable third parties to use the Software Products or Derivative Works as part of your hosted service or via your APIs, whether you are adding substantial additional functionality thereto or not. Merely distributing the Software Products or Derivative Works for download online without offering any related service (ex. by distributing the Models on HuggingFace) is not a violation of this subsection. If you wish to use the Software Products or any Derivative Works for commercial or production use or you wish to make the Software Products or any Derivative Works available to third parties via your hosted service or your APIs, contact Stability AI at https://stability.ai/contact.
c. If you distribute or make the Software Products, or any Derivative Works thereof, available to a third party, the Software Products, Derivative Works, or any portion thereof, respectively, will remain subject to this Agreement and you must (i) provide a copy of this Agreement to such third party, and (ii) retain the following attribution notice within a "Notice" text file distributed as a part of such copies: "This Stability AI Model is licensed under the Stability AI Non-Commercial Research Community License, Copyright (c) Stability AI Ltd. All Rights Reserved.” If you create a Derivative Work of a Software Product, you may add your own attribution notices to the Notice file included with the Software Product, provided that you clearly indicate which attributions apply to the Software Product and you must state in the NOTICE file that you changed the Software Product and how it was modified.
Disclaimer of Warranty. UNLESS REQUIRED BY APPLICABLE LAW, THE SOFTWARE PRODUCTS AND ANY OUTPUT AND RESULTS THEREFROM ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR 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 SOFTWARE PRODUCTS, DERIVATIVE WORKS OR ANY OUTPUT OR RESULTS AND ASSUME ANY RISKS ASSOCIATED WITH YOUR USE OF THE SOFTWARE PRODUCTS, DERIVATIVE WORKS AND ANY OUTPUT AND RESULTS. 3. Limitation of Liability. IN NO EVENT WILL STABILITY AI 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 DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF STABILITY AI OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING. 4. Intellectual Property.
a. No trademark licenses are granted under this Agreement, and in connection with the Software Products or Derivative Works, neither Stability AI 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 Software Products or Derivative Works.
b. Subject to Stability AI’s ownership of the Software Products and Derivative Works made by or for Stability AI, with respect to any Derivative Works that are made by you, as between you and Stability AI, you are and will be the owner of such Derivative Works
c. If you institute litigation or other proceedings against Stability AI (including a cross-claim or counterclaim in a lawsuit) alleging that the Software Products, Derivative Works or associated 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 Stability AI from and against any claim by any third party arising out of or related to your use or distribution of the Software Products or Derivative Works in violation of this Agreement.
Term and Termination. The term of this Agreement will commence upon your acceptance of this Agreement or access to the Software Products and will continue in full force and effect until terminated in accordance with the terms and conditions herein. Stability AI 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 any Software Products or Derivative Works. Sections 2-4 shall survive the termination of this Agreement.
Governing Law. This Agreement will be governed by and construed in accordance with the laws of the United States and the State of California without regard to choice of law
principles.
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