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MODEL - LICENSE TO USE |
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The Model (as defined below) is made available to You by Alexandra Instituttet A/S, |
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Åbogade 34, 8200 Aarhus N, Denmark and may be utilised solely in accordance with the |
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license terms stipulated in this document. |
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The license is based on "AI PUBS OPEN RAIL-M LICENSE", a copy of which is attached |
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hereto with the 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 regarding |
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the existence, validity or termination of the license, shall be first referred to |
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mediation administered by the Danish Institute of Arbitration in accordance with the |
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Rules on Mediation adopted by the Board of the Danish Institute of Arbitration. If |
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the mediation proceedings are terminated without a settlement, the dispute shall be |
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finally settled by arbitration administered by the Danish Institute of Arbitration in |
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accordance with the Rules of Arbitration adopted by the Board of the Danish Institute |
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of Arbitration. The arbitral tribunal shall be composed of three arbitrators. The |
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place of arbitration shall be Aarhus, Denmark. The language to be used in the |
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arbitral proceedings shall be the English language. |
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3. If, at any time, the compilation, storage, utilisation, or processing of the Model, |
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Complementary Material, or Data (all as defined below) constitute violation of |
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applicable laws, regardless of anything to the contrary in these conditions, the |
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license shall automatically become null and void without any liability for the |
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Licensor whatsoever. |
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4. Supplementing Attachment A to the AI PUBS OPEN RAIL-M LICENSE, You additionally agree |
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not to use the Model or its Derivatives: |
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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 synthetic |
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speech (i) emulating a specific natural person or (ii) which is found to be |
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similar to a specific natural person's speech (regardless of whether the identity |
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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 persons, |
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such as name, family name, address, gender, sexual orientation, race, religion, |
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age, location (at any geographical level), skin color, society or political |
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affiliations, employment status and/or employment history, and health and medical |
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conditions. |
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AI PUBS OPEN RAIL-M LICENSE |
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Version 0.1, March 2, 2023 |
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http://licenses.ai/ |
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Section I: PREAMBLE |
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This OpenRAIL-M License is generally applicable to any machine-learning Model. |
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The “Open” nomenclature indicates that the licensed Model is be freely accessible to |
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downstream and other users. The “RAIL” nomenclature indicates that there are use |
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restrictions prohibiting the use of the Model. These restrictions are intended to avoid |
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potential misuse. Even though derivative versions of the Model could be released under |
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different licensing terms, the License specifies that the use restrictions in the |
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original License must apply to such derivatives. |
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NOW THEREFORE, You and Licensor agree as follows: |
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1. Definitions |
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(a) “Complementary Material” means the applicable source code and scripts used to |
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define, run, load, benchmark or evaluate the Model, and used to prepare data for |
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training or evaluation, if any. This includes any accompanying documentation, |
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tutorials, examples, etc, if any. Complementary Material is not licensed under |
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this License. |
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(b) "Contribution" means any work, including the original version of the Model and |
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any modifications or additions to that Model or Derivatives of the Model |
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thereof, that is intentionally submitted to Licensor for inclusion in the Model |
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by the rights owner or by an individual or legal entity authorized to submit on |
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behalf of the rights owner. For the purposes of this definition, “submitted” |
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means any form of electronic, verbal, or written communication sent to the |
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Licensor or its representatives, including but not limited to communication on |
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electronic mailing lists, source code control systems, and issue tracking |
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systems that are managed by, or on behalf of, the Licensor for the purpose of |
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discussing and improving the Model, but excluding communication that is |
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conspicuously marked or otherwise designated in writing by the rights owner as |
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"Not a Contribution." |
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(c) "Contributor" means Licensor and any individual or legal entity on behalf of |
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whom a Contribution has been received by Licensor and subsequently incorporated |
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within the Model. |
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(d) “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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the Model. The Data is not licensed under this License. |
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(e) “Derivatives of the Model” means all modifications to the Model, works based on |
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the Model, or any other model which is created or initialized by transfer of |
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patterns of the weights, parameters, activations or output of the Model, to the |
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other model, in order to cause the other model to perform similarly to the |
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Model, including - but not limited to - distillation methods entailing the use |
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of intermediate data representations or methods based on the generation of |
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synthetic data by the Model for training the other model. |
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(f) “Distribution” means any transmission, reproduction, publication or other |
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sharing of the Model or Derivatives of the Model to a third party, including |
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providing the Model as a hosted service made available by electronic or other |
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remote means - e.g. API-based or web access. |
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(g) “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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(h) "License" means the terms and conditions for use, reproduction, and Distribution |
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as defined in this document. |
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(i) “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 Model and/or distributing the Model. |
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(j) “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), corresponding to the model architecture as embodied in the |
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Complementary Material, that have been trained or tuned, in whole or in part on |
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the Data, using the Complementary Material. |
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(k) “Output” means the results of operating a Model as embodied in informational |
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content resulting therefrom. |
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(l) “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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(m) "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 Model for whichever purpose and |
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in any field of use, including usage of the Model in an end-use application - |
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e.g. chatbot, translator, image generator. |
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Section II: INTELLECTUAL PROPERTY RIGHTS |
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Both copyright and patent grants may apply to the Model and Derivatives of the Model. |
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The Model and Derivatives of the Model are subject to additional terms as described in |
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Section III, which shall govern the use of the Model and Derivatives of the Model even |
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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, each |
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Contributor 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 Model and Derivatives of the Model. |
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3. Grant of Patent License. Subject to the terms and conditions of this License and |
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where and as applicable, each Contributor hereby grants to You a perpetual, |
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worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in |
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this paragraph) patent license to make, have made, use, offer to sell, sell, import, |
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and otherwise transfer the Model and/or Derivatives of the Model where such license |
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applies only to those patent claims licensable by such Contributor that are |
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necessarily infringed by their Contribution(s) alone or by combination of their |
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Contribution(s) with the Model or Derivatives of the Model to which such |
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Contribution(s) was submitted. If You institute patent litigation against any entity |
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(including a cross-claim or counterclaim in a lawsuit) alleging that the Model or |
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Derivative of the Model and/or a Contribution incorporated within the Model or |
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Derivative of the Model constitutes direct or contributory patent infringement, then |
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any patent licenses granted to You under this License for the Model and/or Derivative |
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of the Model shall terminate as of the date such litigation is asserted or filed. |
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Section III: CONDITIONS OF USAGE, DISTRIBUTION AND REDISTRIBUTION |
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4. Distribution and Redistribution. You may host for Third Party remote access purposes |
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(e.g. software-as-a-service), reproduce and distribute copies of the Model or |
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Derivatives of the Model thereof 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 5 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 Model or Derivatives of the Model, and You shall |
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give notice to subsequent users You Distribute to, that the Model or Derivatives |
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of the Model are subject to paragraph 5. |
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(b) You must give any Third Party recipients of the Model or Derivatives of the Model |
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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 Model, Derivatives |
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of the Model. |
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You may add Your own copyright statement to Your modifications and may provide |
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additional or different license terms and conditions - respecting paragraph 4.a. - |
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for use, reproduction, or Distribution of Your modifications, or for any such |
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Derivatives of the Model as a whole, provided Your use, reproduction, and |
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Distribution of the Model otherwise complies with the conditions stated in this |
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License. |
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5. Use-based restrictions. The restrictions set forth in Attachment A are considered |
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Use-based restrictions. Therefore You cannot use the Model or the Derivatives of the |
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Model in violation of such restrictions. You may use the Model subject to this |
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License, including only for lawful purposes and in accordance with the |
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License. Use may include creating any content with, fine-tuning, updating, running, |
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training, evaluating and/or re-parametrizing the Model. You shall require all of Your |
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users who use the Model or a Derivative of the Model to comply with the terms of this |
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paragraph 5. |
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6. The Output You Generate. Except as set forth herein, Licensor claims no rights in |
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the Output You generate using the Model. You are accountable for the Output you |
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generate and its subsequent uses. No use of the output can contravene any provision |
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as stated in the License. |
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Section IV: OTHER PROVISIONS |
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7. Updates and Runtime Restrictions. To the maximum extent permitted by law, Licensor |
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reserves the right to restrict (remotely or otherwise) usage of the Model in |
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violation of this License, update the Model through electronic means, or modify the |
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Output of the Model based on updates. |
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8. Trademarks and related. Nothing in this License permits You to make use of |
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Licensors’ trademarks, trade names, logos or to otherwise suggest endorsement or |
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misrepresent the relationship between the parties; and any rights not expressly |
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granted herein are reserved by the Licensors. |
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9. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, |
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Licensor provides the Model (and each Contributor provides its Contributions) on an |
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"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or |
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implied, including, without limitation, any warranties or conditions of TITLE, |
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NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are |
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solely responsible for determining the appropriateness of using or redistributing |
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the Model and Derivatives of the Model, and assume any risks associated with Your |
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exercise of permissions under this License. |
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10. Limitation of Liability. In no event and under no legal theory, whether in tort |
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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 any |
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Contributor 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 Model (including but not limited |
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to damages for loss of goodwill, work stoppage, computer failure or malfunction, or |
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any and all other commercial damages or losses), even if such Contributor has been |
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advised of the possibility of such damages. |
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11. Accepting Warranty or Additional Liability. While redistributing the Model or |
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Derivatives of the Model, You may choose to charge a fee in exchange for support, |
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warranty, indemnity, or other obligations and/or rights consistent with this |
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License. However, in accepting such obligations, You may act only on Your own behalf |
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and on Your sole 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 any liability |
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incurred by, or claims asserted against, such Contributor by reason of your |
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accepting any such warranty or additional liability. |
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12. If any provision of this License is held to be invalid, illegal or unenforceable, |
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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 Model or its Derivatives in any of the 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 in |
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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 medium |
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without expressly and intelligibly disclaiming that it is 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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