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