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;

pp- 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).
