|
| 1 | +VideoActionModel RESEARCH-ONLY RAIL-M |
| 2 | + |
| 3 | +Licensed Artifact(s): |
| 4 | + |
| 5 | +- Model |
| 6 | + |
| 7 | +Section I: PREAMBLE |
| 8 | + |
| 9 | +This Research-Only RAIL License is generally applicable to the |
| 10 | +Artifact(s) identified above. |
| 11 | + |
| 12 | +For valuable consideration, You and Licensor agree as follows: |
| 13 | + |
| 14 | +1. Definitions |
| 15 | + |
| 16 | +(a) “Application” refers to a sequence of instructions or statements |
| 17 | + written in machine code language, including object code (that is the |
| 18 | + product of a compiler), binary code (data using a two-symbol system) |
| 19 | + or an intermediate language (such as register transfer language). |
| 20 | + |
| 21 | +(b) “Artifact” refers to a software application (in either binary or |
| 22 | + source code format), Model, and/or Source Code, in accordance with |
| 23 | + what is specified above as the “Licensed Artifact”. |
| 24 | + |
| 25 | +(c) “Contribution” means any work, including any modifications or |
| 26 | + additions to an Artifact, that is intentionally submitted to |
| 27 | + Licensor for inclusion or incorporation in the Artifact directly or |
| 28 | + indirectly by the rights owner. For the purposes of this definition, |
| 29 | + “submitted” means any form of electronic, verbal, or written |
| 30 | + communication sent to the Licensor or its representatives, including |
| 31 | + but not limited to communication on electronic mailing lists, source |
| 32 | + code control systems, and issue tracking systems that are managed |
| 33 | + by, or on behalf of, the Licensor for the purpose of discussing, |
| 34 | + sharing and improving the Artifact, but excluding communication that |
| 35 | + is conspicuously marked or otherwise designated in writing by the |
| 36 | + contributor as “Not a Contribution.” |
| 37 | + |
| 38 | +(d) “Contributor” means Licensor or any other individual or legal entity |
| 39 | + that creates or owns a Contribution that is added to or incorporated |
| 40 | + into an Artifact or its Derivative. |
| 41 | + |
| 42 | +(e) “Data” means a collection of information and/or content extracted |
| 43 | + from the dataset used with a given Model, including to train, |
| 44 | + pretrain, or otherwise evaluate the Model. The Data is not licensed |
| 45 | + under this License. |
| 46 | + |
| 47 | +(f) “Derivative” means a work derived from or based upon an Artifact, |
| 48 | + and includes all modified versions of such Artifact. |
| 49 | + |
| 50 | +(g) “Distribution” means any transmission, reproduction, publication or |
| 51 | + other sharing of an Artifact or Derivative to a third party, |
| 52 | + including providing a hosted service incorporating the Artifact, |
| 53 | + which is made available by electronic or other remote means - |
| 54 | + e.g. API-based or web access. |
| 55 | + |
| 56 | +(h) “Harm” includes but is not limited to physical, mental, |
| 57 | + psychological, financial and reputational damage, pain, or loss. |
| 58 | + |
| 59 | +(i) “License” means the terms and conditions for use, reproduction, and |
| 60 | + Distribution as defined in this document. |
| 61 | + |
| 62 | +(j) “Licensor” means the rights owner (by virtue of creation or |
| 63 | + documented transfer of ownership) or entity authorized by the rights |
| 64 | + owner (e.g., exclusive licensee) that is granting the rights in this |
| 65 | + License. |
| 66 | + |
| 67 | +(k) “Model” means any machine-learning based assembly or assemblies |
| 68 | + (including checkpoints), consisting of learnt weights, parameters |
| 69 | + (including optimizer states), corresponding to the model |
| 70 | + architecture as embodied in the Source Code. |
| 71 | + |
| 72 | +(l) “Output” means the results of operating a Model as embodied in |
| 73 | + informational content resulting therefrom. |
| 74 | + |
| 75 | +(m) “Permitted Purpose” means for academic or research purposes only. |
| 76 | + |
| 77 | +(n) “Source Code” means any collection of text written using |
| 78 | + human-readable programming language, including the code and scripts |
| 79 | + used to define, run, load, benchmark or evaluate a Model or any |
| 80 | + component thereof, and/or used to prepare data for training or |
| 81 | + evaluation, if any. Source Code includes any accompanying |
| 82 | + documentation, tutorials, examples, etc, if any. For clarity, the |
| 83 | + term “Source Code” as used in this License includes any and all |
| 84 | + Derivatives of such Source Code. |
| 85 | + |
| 86 | +(o) “Third Parties” means individuals or legal entities that are not |
| 87 | + under common control with Licensor or You. |
| 88 | + |
| 89 | +(p) “Use” includes accessing, using, copying, modifying, and/or |
| 90 | + distributing an Artifact; in connection with a Model as Artifact, |
| 91 | + Use also includes creating content, fine-tuning, updating, running, |
| 92 | + training, evaluating and/or re-parametrizing such Model. |
| 93 | + |
| 94 | +(q) “You” (or “Your”) means an individual or legal entity receiving and |
| 95 | + exercising permissions granted by this License and/or making use of |
| 96 | + the Artifact for permitted purposes and in any permitted field of |
| 97 | + use, including usage of the Artifact in an end-use application - |
| 98 | + e.g. chatbot, translator, image generator, etc. |
| 99 | + |
| 100 | +Section II: INTELLECTUAL PROPERTY RIGHTS |
| 101 | + |
| 102 | +Both copyright and patent grants may apply to the Artifact. The Artifact |
| 103 | +is subject to additional terms as described in Section III below, which |
| 104 | +govern the use of the Artifact in the event that Section II is held |
| 105 | +unenforceable or inapplicable. |
| 106 | + |
| 107 | +2. Grant of Copyright License. Conditioned upon compliance with Section |
| 108 | +III below and subject to the terms and conditions of this License, each |
| 109 | +Contributor hereby grants to You, only in connection with the Permitted |
| 110 | +Purpose, a worldwide, non-exclusive, royalty-free copyright license to |
| 111 | +reproduce, use, publicly display, publicly perform, sublicense, and |
| 112 | +distribute the Artifact and Derivatives thereof. |
| 113 | + |
| 114 | +3. Grant of Patent License. Conditioned upon compliance with Section III |
| 115 | +below and subject to the terms and conditions of this License, and only |
| 116 | +where and as applicable, each Contributor hereby grants to You, only in |
| 117 | +connection with the Permitted Purpose, a worldwide, non-exclusive, |
| 118 | +royalty-free, irrevocable (except as stated in this paragraph) patent |
| 119 | +license to make, have made, use, sell, offer to sell, import, and |
| 120 | +otherwise transfer the Artifact where such license applies only to those |
| 121 | +patent claims licensable by such Contributor that are necessarily |
| 122 | +infringed by their Contribution(s) alone or by combination of their |
| 123 | +Contribution(s) with the Artifact to which such Contribution(s) was |
| 124 | +submitted. If You institute patent litigation against any entity |
| 125 | +(including a cross-claim or counterclaim in a lawsuit) alleging that the |
| 126 | +Artifact and/or a Contribution incorporated within the Artifact |
| 127 | +constitutes direct or contributory patent infringement, then any patent |
| 128 | +licenses granted to You under this License in connection with the |
| 129 | +Artifact shall terminate as of the date such litigation is asserted or |
| 130 | +filed. |
| 131 | + |
| 132 | +Licensor and Contributor each have the right to grant the licenses |
| 133 | +above. |
| 134 | + |
| 135 | +Section III: CONDITIONS OF USAGE, DISTRIBUTION AND REDISTRIBUTION |
| 136 | + |
| 137 | +4. Use-based restrictions. The restrictions set forth in Attachment A |
| 138 | +are mandatory Use-based restrictions. Therefore You may not Use the |
| 139 | +Artifact in violation of such restrictions. You may Use the Artifact |
| 140 | +only subject to this License. You shall require all of Your users who |
| 141 | +use the Artifact or its Derivative to comply with the terms of this |
| 142 | +paragraph and only for the Permitted Purpose. |
| 143 | + |
| 144 | +5. The Output You Generate with a Model (as Artifact). Except as set |
| 145 | +forth herein, Licensor claims no rights in the Output You generate. You |
| 146 | +are accountable for the Output You generate and its subsequent uses. No |
| 147 | +use of the Output may contravene any provision as stated in this |
| 148 | +License. |
| 149 | + |
| 150 | +6. Distribution and Redistribution. You may host for Third Party remote |
| 151 | +access purposes (e.g. software-as-a-service), reproduce and distribute |
| 152 | +copies of the Artifact or its Derivatives in any medium, with or without |
| 153 | +modifications, provided that You meet the following conditions: |
| 154 | + |
| 155 | +i. Use-based restrictions in paragraph 4 MUST be included as a |
| 156 | + condition precedent to effect any type of legal agreement (e.g. a |
| 157 | + license) governing the use and/or distribution of the Artifact or |
| 158 | + its Derivatives, and You shall give such notice to any subsequent |
| 159 | + Third Party recipients; |
| 160 | +ii. You shall give any Third Party recipients of the Artifact or its |
| 161 | + Derivatives a copy of this License; |
| 162 | +iii. You shall cause any modified files to carry prominent notices |
| 163 | + stating that You changed the files; |
| 164 | +iv. You shall retain all copyright, patent, trademark, and attribution |
| 165 | + notices excluding those notices that do not pertain to any part of |
| 166 | + the Artifact or its Derivatives. |
| 167 | +v. You and any Third Party recipients of the Artifact or its Derivative |
| 168 | + shall adhere to the Permitted Purpose. |
| 169 | + |
| 170 | +You may add Your own copyright statement to Your modifications and may |
| 171 | +provide additional or different license terms and conditions with |
| 172 | +respect to paragraph 6.1., to govern the use, reproduction, or |
| 173 | +Distribution of Your modifications, or for any Derivative, provided that |
| 174 | +Your use, reproduction, and Distribution of the Artifact or its |
| 175 | +Derivative otherwise complies with the conditions stated in this |
| 176 | +License. In other words, the Use-based restrictions in Attachment A form |
| 177 | +the minimum set of terms for You to license to Third Parties any |
| 178 | +Artifact or its Derivative, but You may add more restrictive terms if |
| 179 | +You deem it necessary. |
| 180 | + |
| 181 | +Section IV: OTHER PROVISIONS |
| 182 | + |
| 183 | +7. Updates and Runtime Restrictions. To the maximum extent permitted by |
| 184 | +law, Licensor reserves the right to restrict (remotely or otherwise) |
| 185 | +usage of the Artifact in violation of this License or update the |
| 186 | +Artifact through electronic means. |
| 187 | + |
| 188 | +8. Trademarks and related. Nothing in this License permits You to make |
| 189 | +use of Licensors’ trademarks, trade names, logos or to otherwise suggest |
| 190 | +endorsement or misrepresent the relationship between the parties; and |
| 191 | +any rights not expressly granted herein are reserved by the Licensors. |
| 192 | + |
| 193 | +9. Disclaimer of Warranty. Unless required by applicable law or agreed |
| 194 | +to in writing, Licensor provides the Artifact (and each Contributor |
| 195 | +provides its Contributions) on an “AS IS” BASIS, WITHOUT WARRANTIES OR |
| 196 | +CONDITIONS OF ANY KIND, either express or implied, including, without |
| 197 | +limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, |
| 198 | +MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely |
| 199 | +responsible for determining the appropriateness of using the Artifact, |
| 200 | +and assume any risks associated with Your exercise of permissions under |
| 201 | +this License. |
| 202 | + |
| 203 | +10. Limitation of Liability. In no event and under no legal theory, |
| 204 | +whether in tort (including negligence), contract, or otherwise, unless |
| 205 | +required by applicable law (such as deliberate and grossly negligent |
| 206 | +acts) or agreed to in writing, shall any Contributor be liable to You |
| 207 | +for damages, including any direct, indirect, special, incidental, or |
| 208 | +consequential damages of any character arising as a result of this |
| 209 | +License or out of the use or inability to use the Artifact (including |
| 210 | +but not limited to damages for loss of goodwill, work stoppage, computer |
| 211 | +failure or malfunction, or any and all other commercial damages or |
| 212 | +losses), even if such Contributor has been advised of the possibility of |
| 213 | +such damages. |
| 214 | + |
| 215 | +11. If any provision of this License is held to be invalid, illegal or |
| 216 | +unenforceable, the remaining provisions shall be unaffected thereby and |
| 217 | +remain valid as if such provision had not been set forth herein. |
| 218 | + |
| 219 | +12. Term and Termination. The term of this License will commence upon |
| 220 | +the earlier of (a) Your acceptance of this License or (b) accessing the |
| 221 | +Artifact; and will continue in full force and effect until terminated in |
| 222 | +accordance with the terms and conditions herein. Licensor may terminate |
| 223 | +this License if You are in breach of any term or condition of this |
| 224 | +Agreement. Upon termination of this Agreement, You shall delete and |
| 225 | +cease use of the Artifact. Section 10 shall survive the termination of |
| 226 | +this License. |
| 227 | + |
| 228 | +END OF TERMS AND CONDITIONS |
| 229 | + |
| 230 | +Attachment A |
| 231 | + |
| 232 | +USE RESTRICTIONS |
| 233 | + |
| 234 | +You agree not to use the Artifact or its Derivatives in any of the |
| 235 | +following ways: |
| 236 | + |
| 237 | +1. Discrimination |
| 238 | + |
| 239 | + (a) To discriminate or exploit individuals or groups based on |
| 240 | + legally protected characteristics and/or vulnerabilities. |
| 241 | + |
| 242 | + (b) For purposes of administration of justice, law enforcement, |
| 243 | + immigration, or asylum processes, such as predicting that a |
| 244 | + natural person will commit a crime or the likelihood thereof. |
| 245 | + |
| 246 | +2. Military |
| 247 | + |
| 248 | + (a) For weaponry or warfare. |
| 249 | + |
| 250 | +3. Legal |
| 251 | + |
| 252 | + (a) To engage or enable fully automated decision-making that |
| 253 | + adversely impacts a natural person's legal rights without |
| 254 | + expressly and intelligibly disclosing the impact to such natural |
| 255 | + person and providing an appeal process. |
| 256 | + |
| 257 | + (b) To engage or enable fully automated decision-making that |
| 258 | + creates, modifies or terminates a binding, enforceable |
| 259 | + obligation between entities; whether these include natural |
| 260 | + persons or not. |
| 261 | + |
| 262 | +4. Disinformation |
| 263 | + |
| 264 | + (a) To create, present or disseminate verifiably false or misleading |
| 265 | + information for economic gain or to intentionally deceive the |
| 266 | + public, including creating false impersonations of natural |
| 267 | + persons. |
| 268 | + |
| 269 | + (b) To synthesize or modify a natural person's appearance, voice, or |
| 270 | + other individual characteristics, unless prior informed consent |
| 271 | + of said natural person is obtained. |
| 272 | + |
| 273 | + (c) To autonomously interact with a natural person, in text or audio |
| 274 | + format, unless disclosure and consent is given prior to |
| 275 | + interaction that the system engaging in the interaction is not a |
| 276 | + natural person. |
| 277 | + |
| 278 | +5. Privacy |
| 279 | + |
| 280 | + (a) To utilize personal information to infer additional personal |
| 281 | + information about a natural person, including but not limited to |
| 282 | + legally protected characteristics, vulnerabilities or |
| 283 | + categories; unless informed consent from the data subject to |
| 284 | + collect said inferred personal information for a stated purpose |
| 285 | + and defined duration is received. |
| 286 | + |
| 287 | +6. Health |
| 288 | + |
| 289 | + (a) To provide medical advice or make clinical decisions without |
| 290 | + necessary (external) accreditation of the system; unless the use |
| 291 | + is (i) in an internal research context with independent and |
| 292 | + accountable oversight and/or (ii) with medical professional |
| 293 | + oversight that is accompanied by any related compulsory |
| 294 | + certification and/or safety/quality standard for the |
| 295 | + implementation of the technology. |
| 296 | + |
| 297 | +7. General |
| 298 | + |
| 299 | + (a) To defame, disparage or otherwise harass others. |
| 300 | + |
| 301 | + (b) To Intentionally deceive or mislead others, including failing to |
| 302 | + appropriately disclose to end users any known dangers of your |
| 303 | + system. |
| 304 | + |
| 305 | +8. Malware |
| 306 | + |
| 307 | + (a) To generate and/or disseminate malware (including - but not |
| 308 | + limited to - ransomware) or any other content to be used for the |
| 309 | + purpose of Harming electronic systems. |
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