Playground v2 Community License

Release Date: December 5, 2023

“Agreement” means the terms and conditions for use, reproduction, distribution
and modification of the Playground Materials set forth herein.

“Documentation” means the specifications, manuals and documentation accompanying
Playground v2 distributed by Playground at https://huggingface.co/playgroundai/playground-v2-1024px-aesthetic
or other authorized channel.

“Licensee” or “you” means you, or your employer or any other person
or entity (if you are entering into this Agreement on such person or entity’s
behalf), of the age required under applicable laws, rules or regulations to
provide legal consent and that has legal authority to bind your employer or
such other person or entity if you are entering in this Agreement on their behalf.

“Playground v2” means the diffusion-based text-to-image generative models
and software and algorithms, including checkpoints, trained model weights, and
other elements of the foregoing distributed by Playground at https://huggingface.co/playgroundai/playground-v2-1024px-aesthetic
or other authorized channel.

“Playground Materials” means, collectively, Playground v2 and related Documentation
(and any portion thereof) made available under this Agreement.

“Playground” or “we” means Mighty Computing, Inc. dba Playground AITM.

By using or distributing any portion or element of the Playground Materials,
you agree to be bound by this Agreement.

1. License Rights and Redistribution.

a. Grant of Rights.

You are granted a non-exclusive, worldwide, non-transferable and royalty-free
limited license under Playground’s intellectual property or other rights owned
by Playground embodied in the Playground Materials to use, reproduce, distribute,
copy, create derivative works of, and make modifications to the Playground Materials.
Subject to the restrictions herein, this permissive license is available for
free for research and commercial use (by an entity or individual).

b. Redistribution and Use.

i. If you distribute or make the Playground Materials, or any derivative works
thereof, available to any third party, you shall provide a copy of this Agreement
to such third party.

ii. If you receive Playground Materials, or any derivative works thereof, from
an authorized Licensee as part of an integrated end user product, then Section
2 of this Agreement will not apply to you.

iii. You must retain in all copies of the Playground Materials that you distribute
the following attribution notice within a “Notice” text file distributed
as a part of such copies: “Playground v2 is licensed under the Playground
v2 Community License.”

iv. Your use of the Playground Materials must comply with applicable laws and
regulations (including trade compliance laws and regulations) and adhere to
the Use Restrictions set forth in Attachment A. You shall require all of your
users who use Playground v2 or any derivative works thereof, to comply with
the terms of this section and the restrictions in Attachment A.

v. You will not use the Playground Materials or any output or results of the
Playground Materials to improve any other text-to-image generative model (excluding
Playground v2 or derivative works thereof).

2. Additional Commercial Terms.

If, at any time, (a) image generation or image editing is a core business or
product of Licensee’s and (b) the total monthly unique users (MUU) of the
products or services made available by or for Licensee, or Licensee’s affiliates,
for such products or services is greater than 1 million MUUs in the preceding
calendar month, then immediately thereafter you must request a license from
Playground. Playground may grant this license to you in its sole discretion
and you are not authorized to exercise any of the rights under this Agreement
unless or until Playground otherwise expressly grants you such rights as a Licensee.

3. Disclaimer of Warranty.

UNLESS REQUIRED BY APPLICABLE LAW, THE PLAYGROUND MATERIALS AND ANY OUTPUT AND
RESULTS THEREFROM ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING OR REDISTRIBUTING
THE PLAYGROUND MATERIALS AND ASSUME ANY RISKS ASSOCIATED WITH YOUR USE OF THE
PLAYGROUND MATERIALS AND ANY OUTPUT AND RESULTS.

4. Limitation of Liability.

IN NO EVENT WILL PLAYGROUND OR ITS AFFILIATES BE LIABLE UNDER ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRODUCTS LIABILITY, OR OTHERWISE,
ARISING OUT OF THIS AGREEMENT, FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF PLAYGROUND
OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING.

5. Intellectual Property.

a. No trademark licenses are granted under this Agreement, and in connection
with the Playground Materials, neither Playground nor Licensee may use any name
or mark owned by or associated with the other or any of its affiliates, except
as required for reasonable and customary use in describing and redistributing
the Playground Materials.

b. Subject to Playground’s ownership of Playground Materials and derivatives
made by or for Playground, with respect to any derivative works and modifications
of the Playground Materials that are made by you, as between you and Playground,
you are and will be the owner of such derivative works and modifications.

c. If you institute litigation or other proceedings against Playground or any
entity (including a cross-claim or counterclaim in a lawsuit) alleging that
the Playground Materials or Playground v2 outputs or results, or any portion
of any of the foregoing, constitutes infringement of intellectual property or
other rights owned or licensable by you, then any licenses granted to you under
this Agreement shall terminate as of the date such litigation or claim is filed
or instituted. You will indemnify and hold harmless Playground from and against
any claim by any third party arising out of or related to your use or distribution
of the Playground Materials.

6. Term and Termination.

The term of this Agreement will commence upon your acceptance of this Agreement
or access to the Playground Materials and will continue in full force and effect
until terminated in accordance with the terms and conditions herein. Playground
may terminate this Agreement if you are in breach of any term or condition of
this Agreement. Upon termination of this Agreement, you shall delete and cease
use of the Playground Materials. Sections 3, 4 and 7 shall survive the termination
of this Agreement.

7. Governing Law and Jurisdiction.

This Agreement will be governed and construed under the laws of the State of
California without regard to choice of law principles, and the UN Convention
on Contracts for the International Sale of Goods does not apply to this Agreement.
The courts of California shall have exclusive jurisdiction of any dispute arising
out of this Agreement.

Attachment A - Use Restrictions

You agree not to use Playground v2 or any derivative works thereof:

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).