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| 1 | +Copyright (c) 2022 Robin Rombach and Patrick Esser and contributors |
| 2 | + |
| 3 | +CreativeML Open RAIL-M |
| 4 | +dated August 22, 2022 |
| 5 | + |
| 6 | +Section I: PREAMBLE |
| 7 | + |
| 8 | +Multimodal generative models are being widely adopted and used, and |
| 9 | +have the potential to transform the way artists, among other |
| 10 | +individuals, conceive and benefit from AI or ML technologies as a tool |
| 11 | +for content creation. |
| 12 | + |
| 13 | +Notwithstanding the current and potential benefits that these |
| 14 | +artifacts can bring to society at large, there are also concerns about |
| 15 | +potential misuses of them, either due to their technical limitations |
| 16 | +or ethical considerations. |
| 17 | + |
| 18 | +In short, this license strives for both the open and responsible |
| 19 | +downstream use of the accompanying model. When it comes to the open |
| 20 | +character, we took inspiration from open source permissive licenses |
| 21 | +regarding the grant of IP rights. Referring to the downstream |
| 22 | +responsible use, we added use-based restrictions not permitting the |
| 23 | +use of the Model in very specific scenarios, in order for the licensor |
| 24 | +to be able to enforce the license in case potential misuses of the |
| 25 | +Model may occur. At the same time, we strive to promote open and |
| 26 | +responsible research on generative models for art and content |
| 27 | +generation. |
| 28 | + |
| 29 | +Even though downstream derivative versions of the model could be |
| 30 | +released under different licensing terms, the latter will always have |
| 31 | +to include - at minimum - the same use-based restrictions as the ones |
| 32 | +in the original license (this license). We believe in the intersection |
| 33 | +between open and responsible AI development; thus, this License aims |
| 34 | +to strike a balance between both in order to enable responsible |
| 35 | +open-science in the field of AI. |
| 36 | + |
| 37 | +This License governs the use of the model (and its derivatives) and is |
| 38 | +informed by the model card associated with the model. |
| 39 | + |
| 40 | +NOW THEREFORE, You and Licensor agree as follows: |
| 41 | + |
| 42 | +1. Definitions |
| 43 | + |
| 44 | +- "License" means the terms and conditions for use, reproduction, and |
| 45 | + Distribution as defined in this document. |
| 46 | + |
| 47 | +- "Data" means a collection of information and/or content extracted |
| 48 | + from the dataset used with the Model, including to train, pretrain, |
| 49 | + or otherwise evaluate the Model. The Data is not licensed under this |
| 50 | + License. |
| 51 | + |
| 52 | +- "Output" means the results of operating a Model as embodied in |
| 53 | + informational content resulting therefrom. |
| 54 | + |
| 55 | +- "Model" means any accompanying machine-learning based assemblies |
| 56 | + (including checkpoints), consisting of learnt weights, parameters |
| 57 | + (including optimizer states), corresponding to the model |
| 58 | + architecture as embodied in the Complementary Material, that have |
| 59 | + been trained or tuned, in whole or in part on the Data, using the |
| 60 | + Complementary Material. |
| 61 | + |
| 62 | +- "Derivatives of the Model" means all modifications to the Model, |
| 63 | + works based on the Model, or any other model which is created or |
| 64 | + initialized by transfer of patterns of the weights, parameters, |
| 65 | + activations or output of the Model, to the other model, in order to |
| 66 | + cause the other model to perform similarly to the Model, including - |
| 67 | + but not limited to - distillation methods entailing the use of |
| 68 | + intermediate data representations or methods based on the generation |
| 69 | + of synthetic data by the Model for training the other model. |
| 70 | + |
| 71 | +- "Complementary Material" means the accompanying source code and |
| 72 | + scripts used to define, run, load, benchmark or evaluate the Model, |
| 73 | + and used to prepare data for training or evaluation, if any. This |
| 74 | + includes any accompanying documentation, tutorials, examples, etc, |
| 75 | + if any. |
| 76 | + |
| 77 | +- "Distribution" means any transmission, reproduction, publication or |
| 78 | + other sharing of the Model or Derivatives of the Model to a third |
| 79 | + party, including providing the Model as a hosted service made |
| 80 | + available by electronic or other remote means - e.g. API-based or |
| 81 | + web access. |
| 82 | + |
| 83 | +- "Licensor" means the copyright owner or entity authorized by the |
| 84 | + copyright owner that is granting the License, including the persons |
| 85 | + or entities that may have rights in the Model and/or distributing |
| 86 | + the Model. |
| 87 | + |
| 88 | +- "You" (or "Your") means an individual or Legal Entity exercising |
| 89 | + permissions granted by this License and/or making use of the Model |
| 90 | + for whichever purpose and in any field of use, including usage of |
| 91 | + the Model in an end-use application - e.g. chatbot, translator, |
| 92 | + image generator. |
| 93 | + |
| 94 | +- "Third Parties" means individuals or legal entities that are not |
| 95 | + under common control with Licensor or You. |
| 96 | + |
| 97 | +- "Contribution" means any work of authorship, including the original |
| 98 | + version of the Model and any modifications or additions to that |
| 99 | + Model or Derivatives of the Model thereof, that is intentionally |
| 100 | + submitted to Licensor for inclusion in the Model by the copyright |
| 101 | + owner or by an individual or Legal Entity authorized to submit on |
| 102 | + behalf of the copyright owner. For the purposes of this definition, |
| 103 | + "submitted" means any form of electronic, verbal, or written |
| 104 | + communication sent to the Licensor or its representatives, including |
| 105 | + but not limited to communication on electronic mailing lists, source |
| 106 | + code control systems, and issue tracking systems that are managed |
| 107 | + by, or on behalf of, the Licensor for the purpose of discussing and |
| 108 | + improving the Model, but excluding communication that is |
| 109 | + conspicuously marked or otherwise designated in writing by the |
| 110 | + copyright owner as "Not a Contribution." |
| 111 | + |
| 112 | +- "Contributor" means Licensor and any individual or Legal Entity on |
| 113 | + behalf of whom a Contribution has been received by Licensor and |
| 114 | + subsequently incorporated within the Model. |
| 115 | + |
| 116 | +Section II: INTELLECTUAL PROPERTY RIGHTS |
| 117 | + |
| 118 | +Both copyright and patent grants apply to the Model, Derivatives of |
| 119 | +the Model and Complementary Material. The Model and Derivatives of the |
| 120 | +Model are subject to additional terms as described in Section III. |
| 121 | + |
| 122 | +2. Grant of Copyright License. Subject to the terms and conditions of |
| 123 | +this License, each Contributor hereby grants to You a perpetual, |
| 124 | +worldwide, non-exclusive, no-charge, royalty-free, irrevocable |
| 125 | +copyright license to reproduce, prepare, publicly display, publicly |
| 126 | +perform, sublicense, and distribute the Complementary Material, the |
| 127 | +Model, and Derivatives of the Model. |
| 128 | + |
| 129 | +3. Grant of Patent License. Subject to the terms and conditions of |
| 130 | +this License and where and as applicable, each Contributor hereby |
| 131 | +grants to You a perpetual, worldwide, non-exclusive, no-charge, |
| 132 | +royalty-free, irrevocable (except as stated in this paragraph) patent |
| 133 | +license to make, have made, use, offer to sell, sell, import, and |
| 134 | +otherwise transfer the Model and the Complementary Material, where |
| 135 | +such license applies only to those patent claims licensable by such |
| 136 | +Contributor that are necessarily infringed by their Contribution(s) |
| 137 | +alone or by combination of their Contribution(s) with the Model to |
| 138 | +which such Contribution(s) was submitted. If You institute patent |
| 139 | +litigation against any entity (including a cross-claim or counterclaim |
| 140 | +in a lawsuit) alleging that the Model and/or Complementary Material or |
| 141 | +a Contribution incorporated within the Model and/or Complementary |
| 142 | +Material constitutes direct or contributory patent infringement, then |
| 143 | +any patent licenses granted to You under this License for the Model |
| 144 | +and/or Work shall terminate as of the date such litigation is asserted |
| 145 | +or filed. |
| 146 | + |
| 147 | +Section III: CONDITIONS OF USAGE, DISTRIBUTION AND REDISTRIBUTION |
| 148 | + |
| 149 | +4. Distribution and Redistribution. You may host for Third Party |
| 150 | +remote access purposes (e.g. software-as-a-service), reproduce and |
| 151 | +distribute copies of the Model or Derivatives of the Model thereof in |
| 152 | +any medium, with or without modifications, provided that You meet the |
| 153 | +following conditions: Use-based restrictions as referenced in |
| 154 | +paragraph 5 MUST be included as an enforceable provision by You in any |
| 155 | +type of legal agreement (e.g. a license) governing the use and/or |
| 156 | +distribution of the Model or Derivatives of the Model, and You shall |
| 157 | +give notice to subsequent users You Distribute to, that the Model or |
| 158 | +Derivatives of the Model are subject to paragraph 5. This provision |
| 159 | +does not apply to the use of Complementary Material. You must give |
| 160 | +any Third Party recipients of the Model or Derivatives of the Model a |
| 161 | +copy of this License; You must cause any modified files to carry |
| 162 | +prominent notices stating that You changed the files; You must retain |
| 163 | +all copyright, patent, trademark, and attribution notices excluding |
| 164 | +those notices that do not pertain to any part of the Model, |
| 165 | +Derivatives of the Model. You may add Your own copyright statement to |
| 166 | +Your modifications and may provide additional or different license |
| 167 | +terms and conditions - respecting paragraph 4.a. - for use, |
| 168 | +reproduction, or Distribution of Your modifications, or for any such |
| 169 | +Derivatives of the Model as a whole, provided Your use, reproduction, |
| 170 | +and Distribution of the Model otherwise complies with the conditions |
| 171 | +stated in this License. |
| 172 | + |
| 173 | +5. Use-based restrictions. The restrictions set forth in Attachment A |
| 174 | +are considered Use-based restrictions. Therefore You cannot use the |
| 175 | +Model and the Derivatives of the Model for the specified restricted |
| 176 | +uses. You may use the Model subject to this License, including only |
| 177 | +for lawful purposes and in accordance with the License. Use may |
| 178 | +include creating any content with, finetuning, updating, running, |
| 179 | +training, evaluating and/or reparametrizing the Model. You shall |
| 180 | +require all of Your users who use the Model or a Derivative of the |
| 181 | +Model to comply with the terms of this paragraph (paragraph 5). |
| 182 | + |
| 183 | +6. The Output You Generate. Except as set forth herein, Licensor |
| 184 | +claims no rights in the Output You generate using the Model. You are |
| 185 | +accountable for the Output you generate and its subsequent uses. No |
| 186 | +use of the output can contravene any provision as stated in the |
| 187 | +License. |
| 188 | + |
| 189 | +Section IV: OTHER PROVISIONS |
| 190 | + |
| 191 | +7. Updates and Runtime Restrictions. To the maximum extent permitted |
| 192 | +by law, Licensor reserves the right to restrict (remotely or |
| 193 | +otherwise) usage of the Model in violation of this License, update the |
| 194 | +Model through electronic means, or modify the Output of the Model |
| 195 | +based on updates. You shall undertake reasonable efforts to use the |
| 196 | +latest version of the Model. |
| 197 | + |
| 198 | +8. Trademarks and related. Nothing in this License permits You to make |
| 199 | +use of Licensors’ trademarks, trade names, logos or to otherwise |
| 200 | +suggest endorsement or misrepresent the relationship between the |
| 201 | +parties; and any rights not expressly granted herein are reserved by |
| 202 | +the Licensors. |
| 203 | + |
| 204 | +9. Disclaimer of Warranty. Unless required by applicable law or agreed |
| 205 | +to in writing, Licensor provides the Model and the Complementary |
| 206 | +Material (and each Contributor provides its Contributions) on an "AS |
| 207 | +IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either |
| 208 | +express or implied, including, without limitation, any warranties or |
| 209 | +conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR |
| 210 | +A PARTICULAR PURPOSE. You are solely responsible for determining the |
| 211 | +appropriateness of using or redistributing the Model, Derivatives of |
| 212 | +the Model, and the Complementary Material and assume any risks |
| 213 | +associated with Your exercise of permissions under this License. |
| 214 | + |
| 215 | +10. Limitation of Liability. In no event and under no legal theory, |
| 216 | +whether in tort (including negligence), contract, or otherwise, unless |
| 217 | +required by applicable law (such as deliberate and grossly negligent |
| 218 | +acts) or agreed to in writing, shall any Contributor be liable to You |
| 219 | +for damages, including any direct, indirect, special, incidental, or |
| 220 | +consequential damages of any character arising as a result of this |
| 221 | +License or out of the use or inability to use the Model and the |
| 222 | +Complementary Material (including but not limited to damages for loss |
| 223 | +of goodwill, work stoppage, computer failure or malfunction, or any |
| 224 | +and all other commercial damages or losses), even if such Contributor |
| 225 | +has been advised of the possibility of such damages. |
| 226 | + |
| 227 | +11. Accepting Warranty or Additional Liability. While redistributing |
| 228 | +the Model, Derivatives of the Model and the Complementary Material |
| 229 | +thereof, You may choose to offer, and charge a fee for, acceptance of |
| 230 | +support, warranty, indemnity, or other liability obligations and/or |
| 231 | +rights consistent with this License. However, in accepting such |
| 232 | +obligations, You may act only on Your own behalf and on Your sole |
| 233 | +responsibility, not on behalf of any other Contributor, and only if |
| 234 | +You agree to indemnify, defend, and hold each Contributor harmless for |
| 235 | +any liability incurred by, or claims asserted against, such |
| 236 | +Contributor by reason of your accepting any such warranty or |
| 237 | +additional liability. |
| 238 | + |
| 239 | +12. If any provision of this License is held to be invalid, illegal or |
| 240 | +unenforceable, the remaining provisions shall be unaffected thereby |
| 241 | +and remain valid as if such provision had not been set forth herein. |
| 242 | + |
| 243 | +END OF TERMS AND CONDITIONS |
| 244 | + |
| 245 | + |
| 246 | + |
| 247 | + |
| 248 | +Attachment A |
| 249 | + |
| 250 | +Use Restrictions |
| 251 | + |
| 252 | +You agree not to use the Model or Derivatives of the Model: |
| 253 | + |
| 254 | +- In any way that violates any applicable national, federal, state, |
| 255 | + local or international law or regulation; |
| 256 | + |
| 257 | +- For the purpose of exploiting, harming or attempting to exploit or |
| 258 | + harm minors in any way; |
| 259 | + |
| 260 | +- To generate or disseminate verifiably false information and/or |
| 261 | + content with the purpose of harming others; |
| 262 | + |
| 263 | +- To generate or disseminate personal identifiable information that |
| 264 | + can be used to harm an individual; |
| 265 | + |
| 266 | +- To defame, disparage or otherwise harass others; |
| 267 | + |
| 268 | +- For fully automated decision making that adversely impacts an |
| 269 | + individual’s legal rights or otherwise creates or modifies a |
| 270 | + binding, enforceable obligation; |
| 271 | + |
| 272 | +pp- For any use intended to or which has the effect of discriminating |
| 273 | + against or harming individuals or groups based on online or offline |
| 274 | + social behavior or known or predicted personal or personality |
| 275 | + characteristics; |
| 276 | + |
| 277 | +- To exploit any of the vulnerabilities of a specific group of persons |
| 278 | + based on their age, social, physical or mental characteristics, in |
| 279 | + order to materially distort the behavior of a person pertaining to |
| 280 | + that group in a manner that causes or is likely to cause that person |
| 281 | + or another person physical or psychological harm; |
| 282 | + |
| 283 | +- For any use intended to or which has the effect of discriminating |
| 284 | + against individuals or groups based on legally protected |
| 285 | + characteristics or categories; |
| 286 | + |
| 287 | +- To provide medical advice and medical results interpretation; |
| 288 | + |
| 289 | +- To generate or disseminate information for the purpose to be used |
| 290 | + for administration of justice, law enforcement, immigration or |
| 291 | + asylum processes, such as predicting an individual will commit |
| 292 | + fraud/crime commitment (e.g. by text profiling, drawing causal |
| 293 | + relationships between assertions made in documents, indiscriminate |
| 294 | + and arbitrarily-targeted use). |
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