END USER LICENSE AGREEMENT
IMPORTANT: THIS IS A LICENSE, NOT A SALE
Unless otherwise provided for in this End User License Agreement (EULA), and unless you have a written agreement with HAPPY TREE SOLUTIONS INC providing for additional use, this EULA gives you permission to install and use one (1) copy of this Software (as defined below) on one (1) computer or electronic device at any given time as set out in more detail below.
IMPORTANT NOTICE: PLEASE READ THIS EULA CAREFULLY. BY DOWNLOADING, ACCESSING, INSTALLING, OR USING THE SOFTWARE AND DOCUMENTATION (collectively “SOFTWARE”), YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE SOFTWARE. THIS EULA CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY AND EXCLUSIVE REMEDIES. THE PROVISIONS BELOW FORM THE ESSENTIAL BASIS OF OUR AGREEMENT. THE CURRENTLY APPLICABLE VERSION OF THIS EULA IS LOCATED AT :https://www.distinctplugins.io/
This EULA is a legal agreement between You and HAPPY TREE SOLUTIONS INC Corporation, TCC Centre, 15 Fitzgerald Rd suite 200, Nepean, ON K2H 9G1 (“HAPPY TREE SOLUTIONS INC”, “Us”, “We”, or “Our”) regarding Your use of the Software. Unless You have another written agreement with HAPPY TREE SOLUTIONS INC regarding this Software, Your use of this Software is governed by this EULA.
IF YOU AGREE TO THIS EULA, YOU ARE GRANTED A LIMITED, PERSONAL, WORLDWIDE, NON-ASSIGNABLE, NON-SUBLICENSABLE, NON-TRANSFERABLE, AND NON-EXCLUSIVE LICENSE FOR AGREED REMUNERATION TO USE THE SOFTWARE, WHICH MAY BE LIMITED IN TIME AS SET FORTH BELOW. UNLESS HEREINAFTER AGREED OTHERWISE, YOU ARE PERMITTED TO USE ONE (1) COPY OF THE SOFTWARE FOR YOUR (A) PRIVATE, NON-COMMERCIAL PURPOSES (“PRIVATE USER”), AND/OR (B) COMMERCIAL PURPOSES IN A COMMERCIAL BUSINESS (“BUSINESS USER”). THIS SOFTWARE IS LICENSED PER HOUSEHOLD OR PER SINGLE ADDRESS (“ADDRESS”). EXCEPT FOR THE HAPPY TREE SOLUTIONS INC PRODUCTS AND / OR COUNTRIES LISTED BELOW, YOU MAY ONLY DOWNLOAD AND INSTALL THE SOFTWARE ON ONE COMPUTING DEVICE. YOU MAY NOT RE-INSTALL THE SOFTWARE ON A SECOND COMPUTING DEVICE UNLESS THE ORIGINAL COMPUTING DEVICE FAILS OR THE SOFTWARE IS COMPLETELY DELETED FROM THE ORIGINAL COMPUTING DEVICE. IF AUTHORIZATION CODES ARE REQUIRED, YOU MAY NEED TO CONTACT HAPPY TREE SOLUTIONS INC CUSTOMER SERVICE AND REQUEST APPROVAL TO RE-INSTALL THE SOFTWARE ON A NEW COMPUTING DEVICE, AND PROVE TO HAPPY TREE SOLUTIONS INC. THAT YOU DEINSTALLED THE SOFTWARE FROM THE FAILED ORIGINAL COMPUTING DEVICE. IF YOU HAVE PURCHASED MULTIPLE LICENSES FOR THE SOFTWARE, AT ANY TIME YOU MAY HAVE AS MANY COPIES OF THE SOFTWARE IN USE AS YOU HAVE LICENSES.
LICENSE TO USE THE SOFTWARE. You receive a usage right (license) to the Software, but you do not own the Software itself. This EULA does not allow installation of the Software on a hardware partition, blade, or terminal server, or in any other virtualization environment (collectively “Virtualization Environment”). You may not allow the Software to be accessed, operated, or viewed from, or installed or uploaded to, other computers through a network connection. A separate license agreement must be entered into with HAPPY TREE SOLUTIONS INC to obtain the right to use the Software for a Virtualization Environment, network connections, or volume purchases. You agree that if the Software requires mandatory registration, activation, or email validation, You will complete the process providing HAPPY TREE SOLUTIONS INC with accurate information. Your technical ability to use the Software is suspended until You complete the activation and/or registration process. The Software may include digital images, stock photographs, clip art, fonts, sounds or other works protected by copyright (“Stock Files”). The responsibilities and restrictions relating to the Software apply equally to the Stock Files. HAPPY TREE SOLUTIONS INC reserves all rights not expressly granted to You in this EULA.
SECOND COMPUTING DEVICE: Except if located in China, India, Indonesia, or Vietnam, Private Users and Business Users of AI HDR Studio and Vision FX that have a second computing device (e.g., stand-alone computer and laptop) may download and install any of these software products on up to two (2) computing devices. The software product may be used only by You on both devices although not concurrently, at your Address as your primary location and a secondary location. The software product can only be used by You on one (1) computing device at a time. OEM, Academic, and Not-For-Resale versions are not eligible for this benefit.
YOUR RESPONSIBILITIES WHILE USING THE SOFTWARE. The Software may include product activation and other technology designed to prevent unauthorized use and copying. You may not sell, rent, lease, resell or loan the Software. However, You are explicitly free to sell or resell the Software if the Software has been placed on either the EU or EEA market with HAPPY TREE SOLUTIONS INC consent and to the extent that HAPPY TREE SOLUTIONS INC copyright is exhausted. For Software acquired by download, this is the case only if all of the following conditions are met:
1. Previously the Software was lawfully traded by HAPPY TREE SOLUTIONS INC itself or with the approval of HAPPY TREE SOLUTIONS INC. This is the case only when HAPPY TREE SOLUTIONS INC has given its approval to download a copy of the Software in return for payment of a fee designed to compensate HAPPY TREE SOLUTIONS INC for the economic value of the copy of the software.
2. You make each individual copy of the Software useless in case of resale.
3. You provide the purchaser the information necessary to determine the extent of proper use.
Should You not be the lawful first buyer of (the rights to) the Software, but rather have purchased used Software, You are only entitled to use the Software to the extent You have lawfully acquired the Software. Your rights to the Software are defined and restricted by the terms and conditions of this EULA.
If You purchase the Software as a gift to a third person, the third person must accept the terms of this EULA before using the Software. You may not reverse engineer, decompile, or disassemble the Software. While We own Our Software, You own and are responsible for the content that You create or have created for You resulting from the use of Our Software (including any add-ons or plug-ins to Our Software that You create or have created for You) (“Content”). You agree that, in connection with Your use of the Software, You are responsible for the direct and/or indirect consequences of any of the (a) Content You create and (b) third-party photos or images that You use or modify in creating Your Content, especially in situations where You share Your Content with family, friends, clients, and/or third parties, such as members of social networking sites (e.g., Facebook, Flickr, LinkedIn, etc.). HAPPY TREE SOLUTIONS INC can neither monitor nor control what third-party social networking sites or the members or users of such sites do with the Content You share. You are responsible for independently verifying the accuracy and completeness of Your Content (e.g. any technical illustrations or diagrams for operation guides, parts catalogs, schematics, writing diagrams, assembly instructions, maintenance manuals, architectural presentations or other materials You create and/or modify using Our Software). You may not modify or create derivative works based upon the Software. You represent and warrant to Us that You will comply with all applicable laws and regulations impacting Your use of the Software, including data protection and privacy laws. You agree that You will not use the Software in a way that is unlawful or that violates the rights of a third party. If We get sued or a claim is brought against Us by a third party due to (a) Your negligent actions, (b) Your failure to act when required, or (c) Your illegal Content, then You agree to defend, indemnify, and hold HAPPY TREE SOLUTIONS INC harmless.
UPDATES. As part of the Software installation process, You must first consent to the installation of the Software onto your computing device. By providing Your consent to the initial Software installation, You also consent that HAPPY TREE SOLUTIONS INC may, from time to time, download and install any and all future Software updates, bug fixes, feature enhancements, or improvements (“Updates”) automatically without Your further and separate consent. In some instances, You may have the option to decline the Update. If the Update is not installed, You may not receive full benefit of the Software or the Software may not perform properly. HAPPY TREE SOLUTIONS INC has no obligation to provide any support to the Software without the installation of such Updates. Updates are made available at HAPPY TREE SOLUTIONS INC’s sole discretion.
USER GENERATED FEEDBACK. You have no obligation to provide HAPPY TREE SOLUTIONS INC with ideas, suggestions, documentations, and/or proposals (“Feedback”). However, if you submit Feedback to HAPPY TREE SOLUTIONS INC, while you retain ownership of such Feedback, you hereby grant HAPPY TREE SOLUTIONS INC a nonexclusive, royalty-free, perpetual, irrevocable, transferable, unlimited license under all of your Intellectual Property Rights to use and otherwise exploit your Feedback for any purpose world-wide. Further, by submitting Feedback, you represent and warrant that (i) your Feedback does not contain the confidential or proprietary information of you or of third parties; (ii) HAPPY TREE SOLUTIONS INC is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) HAPPY TREE SOLUTIONS INC may have something similar to the Feedback already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from HAPPY TREE SOLUTIONS INC for the Feedback under any circumstances.
OUR INTELLECTUAL PROPERTY RIGHTS. The Software is protected by United States and Canadian Intellectual Property laws, German and international intellectual property laws, and treaty provisions. Therefore, You may not distribute the Software without Our permission unless otherwise provided for in this EULA or by law. If You purchase or download the Software in China, India, Indonesia, or Vietnam, You may not copy the Software for any purpose. If You purchase or download the Software in a country not specifically prohibited under this EULA, You may (in addition to the usage copies mentioned above) only make one (1) copy of the Software or You may keep one (1) copy of the Software on a single computing device for backup or archival purposes. For backup or archival purposes only, You may either make only one (1) copy of the Software and the Printed Materials or print one copy of any user documentation if You downloaded the Software or You may keep one (1) copy the Software on a single computing device. Unless otherwise permitted by mandatory law, You may not copy the Software. You agree that HAPPY TREE SOLUTIONS INC, the HAPPY TREE SOLUTIONS INC logos, and other HAPPY TREE SOLUTIONS INC trademarks, service marks, and graphics are trademarks of HAPPY TREE SOLUTIONS INC (some in the United States and/or other countries) or are trademarks of HAPPY TREE SOLUTIONS INC’s partners (“Marks”). You are not granted a right to use Marks without the owner’s permission, unless permitted by mandatory law. You will not remove, obscure, or alter any proprietary notices affixed to or contained within the Software. You understand and agree that We have the right to stop selling, distributing, servicing, or updating the Software (or any part of it) and services or offerings at any time.
USAGE TRACKING, AUDITING, PIRACY AND OUR PRIVACY POLICY. Our audit and collection of any of Your data and Your use of the Software is subject to HAPPY TREE SOLUTIONS INC’s Privacy Policy (www.HAPPY TREE SOLUTIONS INC.com/privacy). We may audit Your software usage for anti-piracy purposes, to verify a valid registration, and to identify if new Updates are available for Your Computer prior to sending You a notice to install a new Software Update.
PRE-COMMERCIAL RELEASE OR BETA SOFTWARE. If the Software You have received or are accessing with this EULA is a pre-commercial release or a beta version and you have agreed to receive a pre-commercial release or beta version, then You understand the Software is a pre-release, non-commercial version and does not represent a final product of HAPPY TREE SOLUTIONS INC. The Software may contain bugs, errors and other problems that could cause computer system failures and data loss. THEREFORE, ALL PRE-RELEASE OR BETA SOFTWARE IS PROVIDED ON AN “AS-IS” BASIS. RESTRICTIONS OF LIABILITY APPLY AS STIPULATED BELOW.
EVALUATION SOFTWARE. If the Software is identified as a demonstration, evaluation, or trial version (“Evaluation Version”) in the applicable user documentation, You may install and access one (1) copy of the Software only for the purpose of evaluation and/or demonstration. Unless You are authorized by HAPPY TREE SOLUTIONS INC, You may not use Our Software for competitive analysis or commercial, professional, or other for-profit purposes. You understand that at the end of the evaluation period, You must either stop using the Software or pay for the Software to continue using it. If You fail to pay for it, then Your license terminates. Upon expiration of the evaluation period, You will immediately discontinue use of the Evaluation Version and delete and destroy all electronic copies of the Evaluation Version including, but not limited to, all user documentation that may have been provided as part of the evaluation from Your computer and any other computer devices on which You have installed the Evaluation Version. Any attempt to circumvent any expiration date technology is in violation of this EULA and will automatically and immediately terminate Your license to use the Evaluation Version.
LIMITED AND RESTRICTED WARRANTY
The Software when properly installed and under normal use will substantially conform to the features and functionality as set forth in the documentation accompanying the Software; however, the Software may contain immaterial bugs and errors. Therefore, the Software - as the case may be in deviation from applicable statutory law - is provided on the basis that remedies regarding such immaterial bugs and errors will only be provided from time to time by bug fixes. This warranty is not valid for purchasers of used Software.YOU ASSUME ALL RESPONSIBILITIES FOR CHOOSING, INSTALLING, AND USING THE SOFTWARE. UNLESS OTHERWISE PROVIDED FOR REGARDING SPECIFIC COUNTRIES AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAPPY TREE SOLUTIONS INC DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. SOME STATES OR COUNTRIES DO NOT ALLOW THE WARRANTY EXCLUSION OR LIMITATIONS; THE ABOVE LIMITATION MAY NOT APPLY TO YOU. In such instances, HAPPY TREE SOLUTIONS INC may remedy substantial defects of the Software at its reasonable discretion by (a) providing a patch, Update or replacement of the Software, or (b) asking for return of the Software and canceling this EULA. You are entitled to a reduction of the purchase price or a rescission of this EULA only if HAPPY TREE SOLUTIONS INC has repeatedly failed to remedy the defect after a reasonable period of time. If You are a Private Users, Your claims under this clause are time-barred in twenty-four (24) months from receipt of Software If You alter the Software in any way without being authorized by HAPPY TREE SOLUTIONS INC, HAPPY TREE SOLUTIONS INC will not remedy defects caused by such alteration and You are liable for any damages incurred by HAPPY TREE SOLUTIONS INC due to Your unauthorized alteration. To make a warranty claim You must provide a detailed error description to HAPPY TREE SOLUTIONS INC Customer Service or, at HAPPY TREE SOLUTIONS INC’s request, return the Software along with any return materials authorization information provided to You by HAPPY TREE SOLUTIONS INC’s expense, to 15 Fitzgerald Rd suite 200, Nepean, ON K2H 9G1
THE SOFTWARE MAY CONTAIN “OPEN SOURCE” MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT, GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE). HAPPY TREE SOLUTIONS INC MAKES NO WARRANTIES WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN THE SOFTWARE.
INDIRECT AND CONSEQUENTIAL DAMAGES - COUNTRIES OTHER THAN THOSE LISTED SEPARATELY HEREIN UNDER “ADDITIONAL EULA TERMS” (NOT APPLICABLE FOR CUSTOMERS IN GERMANY)
NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HAPPY TREE SOLUTIONS INC OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HAPPY TREE SOLUTIONS INC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
U.S. GOVERNMENT-RESTRICTED RIGHTS. The Software and any accompanying documentation are “commercial computer software” and “commercial computer software documentation,” under DFAR Section 227.7202 and FAR Section 12.212. Any use, modification, reproduction release, performance, display or disclosure of the Software and accompanying documentation by the U.S. government will be governed solely by the terms of this EULA and will be prohibited except to the extent expressly permitted by the terms of this EULA.
EXPORT RESTRICTIONS. You may not download, distribute, export, re-export, or redistribute the Software, including any HAPPY TREE SOLUTIONS INC shareware product, (a) into, or to a national or resident of any country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department’s list of ‘Specially Designated’ nationals or the United States Commerce Department’s ‘Table of Deny Orders’. By downloading or using the Software, You represent and warrant that You are not located in, note under the control of, nor a national or resident of any such country or on any such list. Except pursuant to an express, written, fully-executed agreement with HAPPY TREE SOLUTIONS INC, You may not purchase a license to use the Software for the purpose of exporting it to a U.S.-embargoed country, nor may You retain the services of a third party to purchase a license to use the Software if in doing so You will require such third party to send (via any means, electronic or otherwise) the Software to You in a U.S.-embargoed country.
GENERAL
This EULA is the entire agreement between You and HAPPY TREE SOLUTIONS INC and supersedes any other communications or advertisements with respect to the Software and documentation. The Software, or any feature or part thereof, may not be available in all languages or in all countries.
If and to the extent any provision of this EULA is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable but only to the extent of its illegality, invalidity, or unenforceability. No term or provision in this EULA will be considered waived, and no breach excused, unless such waiver is in writing signed on behalf of the party against whom the waiver is asserted. No waiver (whether express or implied) will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach. No modifications or amendments to this EULA will be binding upon HAPPY TREE SOLUTIONS INC unless made in writing and duly executed by You and an authorized representative of HAPPY TREE SOLUTIONS INC.
Some Software versions may not be compatible with various computer operating systems and HAPPY TREE SOLUTIONS INC may not release Updates (particularly Updates establishing compatibility). Your Software may not be compatible with computer operating systems that You may purchase now or in the future. You understand that Software may be incorporated into, and may incorporate itself into, software and other technology owned and controlled by third parties. This EULA remains effective with such incorporation. Any and all other third-party software or technology that may be distributed together with the Software (as bundled third-party software) may be subject to You explicitly accepting a license agreement with that third party. HAPPY TREE SOLUTIONS INC’s licensors shall be a direct and intended third party beneficiary of this EULA.
APPLICABLE LAW
This EULA specifically excludes the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such ‘Convention’, if otherwise applicable. Except as expressly set forth herein to the extent permitted by applicable law, this EULA shall not prejudice the non-excludable, statutory rights of any party dealing as a consumer.
For users in the US
If You purchased or downloaded the Software in the United States then this EULA is governed by the laws of the United States and the State of California, without reference to conflict of laws principles. Any dispute between You and HAPPY TREE SOLUTIONS INC regarding this EULA will be subject to the exclusive venue of the state and federal courts in the State of California.
For users in CANADA
If You acquired the Software in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and any dispute between You and HAPPY TREE SOLUTIONS INC regarding this EULA will be subject to the exclusive jurisdiction of the federal and provincial courts sitting in Toronto, Ontario.
For users in the European Union, Iceland, Norway and Switzerland
If You acquired the Software in the European Union, Iceland, Norway or Switzerland, then local law applies.
ADDITIONAL EULA TERMS
ADDITIONAL TERMS APPLICABLE TO FIXED TERM LICENSES: Subject to the terms and conditions of this EULA, in the instance of a fixed term license, the license to use the Software begins on date of purchase and shall be for the duration identified by HAPPY TREE SOLUTIONS INC. Use of the software before or beyond the applicable fixed term, or any attempt to defeat the time-control disabling function in the Software, is an unauthorized use and constitutes a material breach of this EULA and applicable law.
March 20 2022 v.1.0
Copyright (c) 2022 Robin Rombach and Patrick Esser and contributors
CreativeML Open RAIL-M
dated August 22, 2022
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 License aims to strike a balance between both in order to enable responsible open-science in the field of AI.
This 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:
1. 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.
2. 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.
3. 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
4. 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.
5. 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).
6. 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
7. 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, update the Model through electronic means, or modify the Output of the Model based on updates. You shall undertake reasonable efforts to use the latest version of the Model.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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).
Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
- Definitions."License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document."Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License."Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity."You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License."Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files."Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types."Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below)."Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof."Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work 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 Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution.""Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
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- You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
- Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
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- 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 Work (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 Work or Derivative Works 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.
END OF TERMS AND CONDITIONS
APPENDIX: How to apply the Apache License to your work.
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Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
Copyright 2014 Pallets
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