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).