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| 1 | +Copyright (c) 2023 Stability AI CreativeML Open RAIL++-M License dated July 26, 2023 |
| 2 | + |
| 3 | +Section I: PREAMBLE Multimodal generative models are being widely adopted and used, and |
| 4 | +have the potential to transform the way artists, among other individuals, conceive and |
| 5 | +benefit from AI or ML technologies as a tool for content creation. Notwithstanding the |
| 6 | +current and potential benefits that these artifacts can bring to society at large, there |
| 7 | +are also concerns about potential misuses of them, either due to their technical |
| 8 | +limitations or ethical considerations. In short, this license strives for both the open |
| 9 | +and responsible downstream use of the accompanying model. When it comes to the open |
| 10 | +character, we took inspiration from open source permissive licenses regarding the grant |
| 11 | +of IP rights. Referring to the downstream responsible use, we added use-based |
| 12 | +restrictions not permitting the use of the model in very specific scenarios, in order |
| 13 | +for the licensor to be able to enforce the license in case potential misuses of the |
| 14 | +Model may occur. At the same time, we strive to promote open and responsible research on |
| 15 | +generative models for art and content generation. Even though downstream derivative |
| 16 | +versions of the model could be released under different licensing terms, the latter will |
| 17 | +always have to include - at minimum - the same use-based restrictions as the ones in the |
| 18 | +original license (this license). We believe in the intersection between open and |
| 19 | +responsible AI development; thus, this agreement aims to strike a balance between both |
| 20 | +in order to enable responsible open-science in the field of AI. This CreativeML Open |
| 21 | +RAIL++-M License governs the use of the model (and its derivatives) and is informed by |
| 22 | +the model card associated with the model. NOW THEREFORE, You and Licensor agree as |
| 23 | +follows: Definitions "License" means the terms and conditions for use, reproduction, and |
| 24 | +Distribution as defined in this document. "Data" means a collection of information |
| 25 | +and/or content extracted from the dataset used with the Model, including to train, |
| 26 | +pretrain, or otherwise evaluate the Model. The Data is not licensed under this License. |
| 27 | +"Output" means the results of operating a Model as embodied in informational content |
| 28 | +resulting therefrom. "Model" means any accompanying machine-learning based assemblies |
| 29 | +(including checkpoints), consisting of learnt weights, parameters (including optimizer |
| 30 | +states), corresponding to the model architecture as embodied in the Complementary |
| 31 | +Material, that have been trained or tuned, in whole or in part on the Data, using the |
| 32 | +Complementary Material. "Derivatives of the Model" means all modifications to the Model, |
| 33 | +works based on the Model, or any other model which is created or initialized by transfer |
| 34 | +of patterns of the weights, parameters, activations or output of the Model, to the other |
| 35 | +model, in order to cause the other model to perform similarly to the Model, including - |
| 36 | +but not limited to - distillation methods entailing the use of intermediate data |
| 37 | +representations or methods based on the generation of synthetic data by the Model for |
| 38 | +training the other model. "Complementary Material" means the accompanying source code |
| 39 | +and scripts used to define, run, load, benchmark or evaluate the Model, and used to |
| 40 | +prepare data for training or evaluation, if any. This includes any accompanying |
| 41 | +documentation, tutorials, examples, etc, if any. "Distribution" means any transmission, |
| 42 | +reproduction, publication or other sharing of the Model or Derivatives of the Model to a |
| 43 | +third party, including providing the Model as a hosted service made available by |
| 44 | +electronic or other remote means - e.g. API-based or web access. "Licensor" means the |
| 45 | +copyright owner or entity authorized by the copyright owner that is granting the |
| 46 | +License, including the persons or entities that may have rights in the Model and/or |
| 47 | +distributing the Model. "You" (or "Your") means an individual or Legal Entity exercising |
| 48 | +permissions granted by this License and/or making use of the Model for whichever purpose |
| 49 | +and in any field of use, including usage of the Model in an end-use application - e.g. |
| 50 | +chatbot, translator, image generator. "Third Parties" means individuals or legal |
| 51 | +entities that are not under common control with Licensor or You. "Contribution" means |
| 52 | +any work of authorship, including the original version of the Model and any |
| 53 | +modifications or additions to that Model or Derivatives of the Model thereof, that is |
| 54 | +intentionally submitted to Licensor for inclusion in the Model by the copyright owner or |
| 55 | +by an individual or Legal Entity authorized to submit on behalf of the copyright owner. |
| 56 | +For the purposes of this definition, "submitted" means any form of electronic, verbal, |
| 57 | +or written communication sent to the Licensor or its representatives, including but not |
| 58 | +limited to communication on electronic mailing lists, source code control systems, and |
| 59 | +issue tracking systems that are managed by, or on behalf of, the Licensor for the |
| 60 | +purpose of discussing and improving the Model, but excluding communication that is |
| 61 | +conspicuously marked or otherwise designated in writing by the copyright owner as "Not a |
| 62 | +Contribution." "Contributor" means Licensor and any individual or Legal Entity on behalf |
| 63 | +of whom a Contribution has been received by Licensor and subsequently incorporated |
| 64 | +within the Model. |
| 65 | + |
| 66 | +Section II: INTELLECTUAL PROPERTY RIGHTS Both copyright and patent grants apply to the |
| 67 | +Model, Derivatives of the Model and Complementary Material. The Model and Derivatives of |
| 68 | +the Model are subject to additional terms as described in |
| 69 | + |
| 70 | +Section III. Grant of Copyright License. Subject to the terms and conditions of this |
| 71 | +License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, |
| 72 | +no-charge, royalty-free, irrevocable copyright license to reproduce, prepare, publicly |
| 73 | +display, publicly perform, sublicense, and distribute the Complementary Material, the |
| 74 | +Model, and Derivatives of the Model. Grant of Patent License. Subject to the terms and |
| 75 | +conditions of this License and where and as applicable, each Contributor hereby grants |
| 76 | +to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable |
| 77 | +(except as stated in this paragraph) patent license to make, have made, use, offer to |
| 78 | +sell, sell, import, and otherwise transfer the Model and the Complementary Material, |
| 79 | +where such license applies only to those patent claims licensable by such Contributor |
| 80 | +that are necessarily infringed by their Contribution(s) alone or by combination of their |
| 81 | +Contribution(s) with the Model to which such Contribution(s) was submitted. If You |
| 82 | +institute patent litigation against any entity (including a cross-claim or counterclaim |
| 83 | +in a lawsuit) alleging that the Model and/or Complementary Material or a Contribution |
| 84 | +incorporated within the Model and/or Complementary Material constitutes direct or |
| 85 | +contributory patent infringement, then any patent licenses granted to You under this |
| 86 | +License for the Model and/or Work shall terminate as of the date such litigation is |
| 87 | +asserted or filed. Section III: CONDITIONS OF USAGE, DISTRIBUTION AND REDISTRIBUTION |
| 88 | +Distribution and Redistribution. You may host for Third Party remote access purposes |
| 89 | +(e.g. software-as-a-service), reproduce and distribute copies of the Model or |
| 90 | +Derivatives of the Model thereof in any medium, with or without modifications, provided |
| 91 | +that You meet the following conditions: Use-based restrictions as referenced in |
| 92 | +paragraph 5 MUST be included as an enforceable provision by You in any type of legal |
| 93 | +agreement (e.g. a license) governing the use and/or distribution of the Model or |
| 94 | +Derivatives of the Model, and You shall give notice to subsequent users You Distribute |
| 95 | +to, that the Model or Derivatives of the Model are subject to paragraph 5. This |
| 96 | +provision does not apply to the use of Complementary Material. You must give any Third |
| 97 | +Party recipients of the Model or Derivatives of the Model a copy of this License; You |
| 98 | +must cause any modified files to carry prominent notices stating that You changed the |
| 99 | +files; You must retain all copyright, patent, trademark, and attribution notices |
| 100 | +excluding those notices that do not pertain to any part of the Model, Derivatives of the |
| 101 | +Model. You may add Your own copyright statement to Your modifications and may provide |
| 102 | +additional or different license terms and conditions - respecting paragraph 4.a. - for |
| 103 | +use, reproduction, or Distribution of Your modifications, or for any such Derivatives of |
| 104 | +the Model as a whole, provided Your use, reproduction, and Distribution of the Model |
| 105 | +otherwise complies with the conditions stated in this License. Use-based restrictions. |
| 106 | +The restrictions set forth in Attachment A are considered Use-based restrictions. |
| 107 | +Therefore You cannot use the Model and the Derivatives of the Model for the specified |
| 108 | +restricted uses. You may use the Model subject to this License, including only for |
| 109 | +lawful purposes and in accordance with the License. Use may include creating any content |
| 110 | +with, finetuning, updating, running, training, evaluating and/or reparametrizing the |
| 111 | +Model. You shall require all of Your users who use the Model or a Derivative of the |
| 112 | +Model to comply with the terms of this paragraph (paragraph 5). The Output You Generate. |
| 113 | +Except as set forth herein, Licensor claims no rights in the Output You generate using |
| 114 | +the Model. You are accountable for the Output you generate and its subsequent uses. No |
| 115 | +use of the output can contravene any provision as stated in the License. |
| 116 | + |
| 117 | +Section IV: OTHER PROVISIONS Updates and Runtime Restrictions. To the maximum extent |
| 118 | +permitted by law, Licensor reserves the right to restrict (remotely or otherwise) usage |
| 119 | +of the Model in violation of this License. Trademarks and related. Nothing in this |
| 120 | +License permits You to make use of Licensors’ trademarks, trade names, logos or to |
| 121 | +otherwise suggest endorsement or misrepresent the relationship between the parties; and |
| 122 | +any rights not expressly granted herein are reserved by the Licensors. Disclaimer of |
| 123 | +Warranty. Unless required by applicable law or agreed to in writing, Licensor provides |
| 124 | +the Model and the Complementary Material (and each Contributor provides its |
| 125 | +Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either |
| 126 | +express or implied, including, without limitation, any warranties or conditions of |
| 127 | +TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are |
| 128 | +solely responsible for determining the appropriateness of using or redistributing the |
| 129 | +Model, Derivatives of the Model, and the Complementary Material and assume any risks |
| 130 | +associated with Your exercise of permissions under this License. Limitation of |
| 131 | +Liability. In no event and under no legal theory, whether in tort (including |
| 132 | +negligence), contract, or otherwise, unless required by applicable law (such as |
| 133 | +deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be |
| 134 | +liable to You for damages, including any direct, indirect, special, incidental, or |
| 135 | +consequential damages of any character arising as a result of this License or out of the |
| 136 | +use or inability to use the Model and the Complementary Material (including but not |
| 137 | +limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, |
| 138 | +or any and all other commercial damages or losses), even if such Contributor has been |
| 139 | +advised of the possibility of such damages. Accepting Warranty or Additional Liability. |
| 140 | +While redistributing the Model, Derivatives of the Model and the Complementary Material |
| 141 | +thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, |
| 142 | +indemnity, or other liability obligations and/or rights consistent with this License. |
| 143 | +However, in accepting such obligations, You may act only on Your own behalf and on Your |
| 144 | +sole responsibility, not on behalf of any other Contributor, and only if You agree to |
| 145 | +indemnify, defend, and hold each Contributor harmless for any liability incurred by, or |
| 146 | +claims asserted against, such Contributor by reason of your accepting any such warranty |
| 147 | +or additional liability. If any provision of this License is held to be invalid, illegal |
| 148 | +or unenforceable, the remaining provisions shall be unaffected thereby and remain valid |
| 149 | +as if such provision had not been set forth herein. |
| 150 | + |
| 151 | +END OF TERMS AND CONDITIONS |
| 152 | + |
| 153 | +Attachment A Use Restrictions |
| 154 | +You agree not to use the Model or Derivatives of the Model: |
| 155 | +In any way that violates any applicable national, federal, state, local or |
| 156 | +international law or regulation; For the purpose of exploiting, harming or attempting to |
| 157 | +exploit or harm minors in any way; To generate or disseminate verifiably false |
| 158 | +information and/or content with the purpose of harming others; To generate or |
| 159 | +disseminate personal identifiable information that can be used to harm an individual; To |
| 160 | +defame, disparage or otherwise harass others; For fully automated decision making that |
| 161 | +adversely impacts an individual’s legal rights or otherwise creates or modifies a |
| 162 | +binding, enforceable obligation; For any use intended to or which has the effect of |
| 163 | +discriminating against or harming individuals or groups based on online or offline |
| 164 | +social behavior or known or predicted personal or personality characteristics; To |
| 165 | +exploit any of the vulnerabilities of a specific group of persons based on their age, |
| 166 | +social, physical or mental characteristics, in order to materially distort the behavior |
| 167 | +of a person pertaining to that group in a manner that causes or is likely to cause that |
| 168 | +person or another person physical or psychological harm; For any use intended to or |
| 169 | +which has the effect of discriminating against individuals or groups based on legally |
| 170 | +protected characteristics or categories; To provide medical advice and medical results |
| 171 | +interpretation; To generate or disseminate information for the purpose to be used for |
| 172 | +administration of justice, law enforcement, immigration or asylum processes, such as |
| 173 | +predicting an individual will commit fraud/crime commitment (e.g. by text profiling, |
| 174 | +drawing causal relationships between assertions made in documents, indiscriminate and |
| 175 | +arbitrarily-targeted use). |
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