LICENSE.md

# Kohaku License 1.0

**Published by KohakuBlueLeaf**

## Purpose

The **Kohaku License** aims to provide maximum freedom for users to work with the AI model while protecting contributors from liability and ensuring the freedom of end users. It incorporates commercial usage restrictions to balance open access with sustainable development.

## Definitions

- **Model**: Refers to machine learning model weights, biases, parameters, optimizer states, and any byproducts of a training or pretraining process, whether in the form of checkpoints or any other form.

- **Derived Model**: Any model based on the original Model. For a Derived Model to qualify under this license, it must include:
  - **Load**: The means to access the weights, biases, parameters, optimizer states, etc., into a commonly used framework or programming language (such as Python, PyTorch, TensorFlow, JAX, etc.).
  - **Use**: The capability to utilize the Model within these frameworks or programming languages.
  
  Additionally, any Derived Model designed for use within a custom pipeline that combines multiple models must:
  - Publish all combined Models.
  - Provide a script, program, or source code that enables recipients to load and use these Models, ensuring that recipients can obtain real outputs from the Models and thereby qualify as **Model Input Providers**.
  
  **Note**: The author is not required to release documentation or instructions on how to use these Models to achieve specific services or pipelines, if applicable.

- **Software**: Includes the Model along with documentation or other resources provided with the software.

- **Source Code**: The preferred form for making modifications to the Software, including any Models, but excluding datasets used to train the Model.

- **Modify**: To perform any training on a Model or to combine a Model with another Model.

- **Service Provider**: An entity that uses the Model to offer services to **Model Input Providers**, thereby making the **Model Input Providers** the recipients of the service.

- **Model Input Provider**: Any individual or entity that provides input to the Model, either directly or through a custom pipeline, thereby having rights to the output generated from their input.

- **Service End-User**: Any individual or entity that utilizes a service provided by a **Service Provider** which, in turn, utilizes the Model. Essentially, the **Service End-User** is the ultimate recipient of the service provided using the Model.

- **Custom Pipeline**: Any pipeline, workflow or product that integrates the Model into a sequence of processes, where the input from the **Model Input Provider** may be modified before being sent to the Model. In such cases, the entity providing the initial input is considered the **Model Input Provider**.

- **Non-Commercial Purpose**: Uses that do not involve direct or indirect payment arising from the use of the Model or its output, including personal research, experimentation, testing, or non-commercial organizational use.

- **Commercial Usage**: Any entity providing any kind of service to **Model Input Providers** in any commercial capacity, where the **Model Input Providers** are the recipients of the service.

## License Grant

### 1. General Permissions

Subject to compliance with this License, KohakuBlueLeaf grants you a non-exclusive, worldwide, non-transferable, non-sublicensable, revocable, royalty-free, and limited license to access, use, modify, create Derived Models, and distribute the Model for **Non-Commercial Purposes** and **Commercial Usage** under certain conditions.

### 2. Categories of Use

#### a. Direct Users
Individuals or entities that use the Model directly for their personal or internal purposes without providing services to third parties.

#### b. Service Providers
Entities that use the Model to offer services to **Model Input Providers**, thereby making the **Model Input Providers** the recipients of the service.


### 3. Output Rights

All rights to the outputs generated by the Model belong to the **Model Input Providers**. **Model Input Providers** retain full ownership and rights to any output generated from their inputs.

### 4. Derivative Models

Any Derived Models created must be published under the **Kohaku License**. The minimal requirement for a Derived Model includes the model weights and the minimal code necessary to load and use the Model as defined above.

**Additional Requirements for Derived Models in Custom Pipelines:**
- If the Derived Model is part of a custom pipeline that combines multiple models, all such Models must be published under the **Kohaku License**.
- The author of the Derived Model must provide a script, program, or source code that allows recipients to load and utilize all combined Models within a commonly used framework or programming language, ensuring that recipients can obtain real outputs and qualify as **Model Input Providers**.
- **Example**: If you have ModelA, ModelB, and ModelC in your pipeline, you should release these three models and their own code, but you don't need to release anything related to "how to combine these three models."
- **Note**: The author is not obligated to release instructions or documentation on how to use these Models to achieve specific services or pipelines.

## Restrictions

### 1. Commercial Usage
- **Definition**: **Commercial Usage** is defined as any entity providing any kind of service to **Model Input Providers** in any commercial capacity.
- **Conditions for Requiring a Custom License**: Commercial Usage is prohibited **only if both** of the following conditions are met:
    - **Total Revenue** exceeds $25,000 USD.
    - **Usage Duration** exceeds 3 months.
- **Revenue Threshold and Usage Duration**:
    - **Trial Period**: Entities are allowed to engage in **Commercial Usage** without a custom license for a trial period of **up to 3 months**, regardless of total revenue.
    - **Revenue Limit**: Entities with **Total Revenue** below or equal to $25,000 USD are permitted to continue **Commercial Usage** without a custom license.
    - **Exceeding Both Thresholds**: If an entity's **Total Revenue** exceeds $25,000 USD and the **Commercial Usage** period exceeds 3 months, the entity must request an exclusive custom license from the author.
- **Exclusions**: **Commercial Usage** conducted by entities that do not meet both conditions above (i.e., either revenue below $25,000 USD or usage period within 3 months) does not require a custom license but must adhere to all other license terms.
- **Requesting a Custom License**: Entities that need to engage in **Commercial Usage** exceeding both thresholds must contact the author at [Your Contact Email] to request a custom license. The author may grant such licenses at their sole discretion, potentially subject to fees, royalties, or revenue-sharing agreements.

### 2. Prohibited Uses

You may not:
- Use, modify, copy, reproduce, create Derived Models of, or distribute the Model for:
  - Military purposes.
  - Surveillance, including research or development related to surveillance.
  - Biometric processing.
  - Any activity that infringes on third-party rights.
  - Any use violating applicable laws, including privacy and security regulations.
- Alter or remove copyright and proprietary notices.
- Circumvent or remove any security or usage restrictions.
- Impose terms that conflict with this License.
- Distribute the Model to prohibited individuals, entities, or countries as defined by Export Laws.

### 3. Distribution Requirements

When distributing the Model or any Derived Models, you must:
- Include a copy of this License.
- **Attribution Notice**: Prominently display the following notice alongside the distribution of the Model or Derived Model (e.g., via a “Notice” text file):
  ```
  “The Model is licensed under the Kohaku License by KohakuBlueLeaf. Copyright 2024 KohakuBlueLeaf.

  IN NO EVENT SHALL KohakuBlueLeaf BE LIABLE FOR ANY CLAIM, DAMAGES, OR OTHER LIABILITY ARISING FROM THE USE OF THIS MODEL.”
  ```
- **Derived Models**:
  - When distributing Derived Models, include a statement indicating that you have modified the original Model.
  - Ensure that all combined Models in custom pipelines are published under this License.
  - Provide a script, program, or source code that allows recipients to load and use all combined Models within a commonly used framework or programming language, ensuring that recipients can obtain real outputs and qualify as **Model Input Providers**.
- **No Misrepresentation**: Do not misrepresent or imply that Derived Models are official products of the author or have been endorsed, approved, or validated by the author unless authorized in writing.
- **Explicit Notice to Model Input Providers**: For any kind of **Commercial** or **Non-Commercial** service, **Service Providers** must provide **Model Input Providers** with an explicit notice of the Model’s source.
- **Clear Reference to Original Model and License for Service End-Users**: **Service Providers** must provide **Service End-Users** with a clear reference to the original Model and this **Kohaku License**. This can be achieved through visible notices within the service interface, documentation, or other appropriate means.


## No Harm and No Liability

### 1. No Harm

You agree that no contributor’s conduct in creating the Model has caused you harm. To the extent permitted by law, you waive the right to pursue any legal claims against contributors related to the creation of the Model.

### 2. No Liability

The Model is provided "as is" without any warranty. Contributors are not liable for any damages arising from the use of the Model.


## Patent Grant

Each contributor grants you the rights to use any patent claims they can license or have the right to license related to the Model.


## Output Rights

All rights to the outputs generated by the Model belong to the **Model Input Providers**. **Model Input Providers** retain full ownership and rights to any output generated from their inputs.


## Interpretation of Ambiguous Terms

In the event of any ambiguity or uncertainty in the interpretation of the terms of this License, the Licensee has the right to interpret the ambiguous descriptions in a manner that aligns with the intended purpose of this License.


## Acceptance and Compliance

By using the Model, you agree to comply with all terms of this License. Non-compliance may result in the termination of your rights under this License.


## Termination

This License terminates automatically upon any breach. Upon termination, cease all use, access, and distribution of the Model and Derived Models.


## Indemnification

You agree to indemnify and hold harmless KohakuBlueLeaf and its affiliates from any claims arising from your use of the Model, violation of this License, or infringement of any rights of others.


## General Provisions
- **Governing Law**: This License is governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.
- **Severability**: If any provision is found unenforceable, the remaining provisions remain in effect.
- **Entire Agreement**: This License constitutes the entire agreement between you and KohakuBlueLeaf regarding the Model.
- **No Waiver**: Failure to enforce any provision does not constitute a waiver of that provision.

## Revisions

KohakuBlueLeaf may publish revised versions of the Kohaku License. You may opt to follow the terms of any later version as they become available.