salamandra-7b-vision/LICENSE

BSC-LT/salamandra-7b-vision RESEARCH-ONLY RAIL-AMS

Licensed Artifact(s):

-   Application

-   Model

-   Source Code

Section I: PREAMBLE

This Research-Only RAIL License is generally applicable to the
Artifact(s) identified above.

For valuable consideration, You and Licensor agree as follows:

1. Definitions

(a) “Application” refers to a sequence of instructions or statements
    written in machine code language, including object code (that is the
    product of a compiler), binary code (data using a two-symbol system)
    or an intermediate language (such as register transfer language).

(b) “Artifact” refers to a software application (in either binary or
    source code format), Model, and/or Source Code, in accordance with
    what is specified above as the “Licensed Artifact”.

(c) ”Contribution” means any work, including any modifications or
    additions to an Artifact, that is intentionally submitted to
    Licensor for inclusion or incorporation in the Artifact directly or
    indirectly by the rights 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,
    sharing and improving the Artifact, but excluding communication that
    is conspicuously marked or otherwise designated in writing by the
    contributor as “Not a Contribution.”

(d) “Contributor” means Licensor or any other individual or legal entity
    that creates or owns a Contribution that is added to or incorporated
    into an Artifact or its Derivative.

(e) “Data” means a collection of information and/or content extracted
    from the dataset used with a given Model, including to train,
    pretrain, or otherwise evaluate the Model. The Data is not licensed
    under this License.

(f) “Derivative” means a work derived from or based upon an Artifact,
    and includes all modified versions of such Artifact.

(g) “Distribution” means any transmission, reproduction, publication or
    other sharing of an Artifact or Derivative to a third party,
    including providing a hosted service incorporating the Artifact,
    which is made available by electronic or other remote means -
    e.g. API-based or web access.

(h) “Harm” includes but is not limited to physical, mental,
    psychological, financial and reputational damage, pain, or loss.

(i) “License” means the terms and conditions for use, reproduction, and
    Distribution as defined in this document.

(j) “Licensor” means the rights owner (by virtue of creation or
    documented transfer of ownership) or entity authorized by the rights
    owner (e.g., exclusive licensee) that is granting the rights in this
    License.

(k) “Model” means any machine-learning based assembly or assemblies
    (including checkpoints), consisting of learnt weights, parameters
    (including optimizer states), corresponding to the model
    architecture as embodied in the Source Code.

(l) “Output” means the results of operating a Model as embodied in
    informational content resulting therefrom.

(m) “Permitted Purpose” means for academic or research purposes only.

(n) “Source Code” means any collection of text written using
    human-readable programming language, including the code and scripts
    used to define, run, load, benchmark or evaluate a Model or any
    component thereof, and/or used to prepare data for training or
    evaluation, if any. Source Code includes any accompanying
    documentation, tutorials, examples, etc, if any. For clarity, the
    term “Source Code” as used in this License includes any and all
    Derivatives of such Source Code.

(o) “Third Parties” means individuals or legal entities that are not
    under common control with Licensor or You.

(p) “Use” includes accessing, using, copying, modifying, and/or
    distributing an Artifact; in connection with a Model as Artifact,
    Use also includes creating content, fine-tuning, updating, running,
    training, evaluating and/or re-parametrizing such Model.

(q) “You” (or “Your”) means an individual or legal entity receiving and
    exercising permissions granted by this License and/or making use of
    the Artifact for permitted purposes and in any permitted field of
    use, including usage of the Artifact in an end-use application -
    e.g. chatbot, translator, image generator, etc.

Section II: INTELLECTUAL PROPERTY RIGHTS

Both copyright and patent grants may apply to the Artifact. The Artifact
is subject to additional terms as described in Section III below, which
govern the use of the Artifact in the event that Section II is held
unenforceable or inapplicable.

2. Grant of Copyright License. Conditioned upon compliance with Section
III below and subject to the terms and conditions of this License, each
Contributor hereby grants to You, only in connection with the Permitted
Purpose, a worldwide, non-exclusive, royalty-free copyright license to
reproduce, use, publicly display, publicly perform, sublicense, and
distribute the Artifact and Derivatives thereof.

3. Grant of Patent License. Conditioned upon compliance with Section III
below and subject to the terms and conditions of this License, and only
where and as applicable, each Contributor hereby grants to You, only in
connection with the Permitted Purpose, a worldwide, non-exclusive,
royalty-free, irrevocable (except as stated in this paragraph) patent
license to make, have made, use, sell, offer to sell, import, and
otherwise transfer the Artifact 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 Artifact 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
Artifact and/or a Contribution incorporated within the Artifact
constitutes direct or contributory patent infringement, then any patent
licenses granted to You under this License in connection with the
Artifact shall terminate as of the date such litigation is asserted or
filed.

Licensor and Contributor each have the right to grant the licenses
above.

Section III: CONDITIONS OF USAGE, DISTRIBUTION AND REDISTRIBUTION

4. Use-based restrictions. The restrictions set forth in Attachment A
are mandatory Use-based restrictions. Therefore You may not Use the
Artifact in violation of such restrictions. You may Use the Artifact
only subject to this License. You shall require all of Your users who
use the Artifact or its Derivative to comply with the terms of this
paragraph and only for the Permitted Purpose.

5. The Output You Generate with a Model (as Artfact). Except as set
forth herein, Licensor claims no rights in the Output You generate. You
are accountable for the Output You generate and its subsequent uses. No
use of the Output may contravene any provision as stated in this
License.

6. Distribution and Redistribution. You may host for Third Party remote
access purposes (e.g. software-as-a-service), reproduce and distribute
copies of the Artifact or its Derivatives in any medium, with or without
modifications, provided that You meet the following conditions:

1.  Use-based restrictions in paragraph 4 MUST be included as a
    condition precedent to effect any type of legal agreement (e.g. a
    license) governing the use and/or distribution of the Artifact or
    its Derivatives, and You shall give such notice to any subsequent
    Third Party recipients;
2.  You shall give any Third Party recipients of the Artifact or its
    Derivatives a copy of this License;
3.  You shall cause any modified files to carry prominent notices
    stating that You changed the files;
4.  You shall retain all copyright, patent, trademark, and attribution
    notices excluding those notices that do not pertain to any part of
    the Artifact or its Derivatives.
5.  You and any Third Party recipients of the Artifact or its Derivative
    shall adhere to the Permitted Purpose.

You may add Your own copyright statement to Your modifications and may
provide additional or different license terms and conditions with
respect to paragraph 6.1., to govern the use, reproduction, or
Distribution of Your modifications, or for any Derivative, provided that
Your use, reproduction, and Distribution of the Artifact or its
Derivative otherwise complies with the conditions stated in this
License. In other words, the Use-based restrictions in Attachment A form
the minimum set of terms for You to license to Third Parties any
Artifact or its Derivative, but You may add more restrictive terms if
You deem it necessary.

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 Artifact in violation of this License or update the
Artifact through electronic means.

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 Artifact (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 the Artifact,
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 Artifact (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. 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.

12. Term and Termination. The term of this License will commence upon
the earlier of (a) Your acceptance of this License or (b) accessing the
Artifact; and will continue in full force and effect until terminated in
accordance with the terms and conditions herein. Licensor may terminate
this License 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 Artifact. Section 10 shall survive the termination of
this License.

END OF TERMS AND CONDITIONS

Attachment A

USE RESTRICTIONS

You agree not to use the Artifact or its Derivatives in any of the
following ways:

1.  Discrimination

    (a) To discriminate or exploit individuals or groups based on
        legally protected characteristics and/or vulnerabilities.

    (b) For purposes of administration of justice, law enforcement,
        immigration, or asylum processes, such as predicting that a
        natural person will commit a crime or the likelihood thereof.

    (c) To engage in, promote, incite, or facilitate discrimination or
        other unlawful or harmful conduct in the provision of
        employment, employment benefits, credit, housing, or other
        essential goods and services.

2.  Military

    (a) For weaponry or warfare.

    (b) For purposes of building or optimizing military weapons or in
        the service of nuclear proliferation or nuclear weapons
        technology.

    (c) For purposes of military surveillance, including any research or
        development relating to military surveillance.

3.  Legal

    (a) To engage or enable fully automated decision-making that
        adversely impacts a natural person's legal rights without
        expressly and intelligibly disclosing the impact to such natural
        person and providing an appeal process.

    (b) To engage or enable fully automated decision-making that
        creates, modifies or terminates a binding, enforceable
        obligation between entities; whether these include natural
        persons or not.

    (c) In any way that violates any applicable national, federal,
        state, local or international law or regulation.

4.  Disinformation

    (a) To create, present or disseminate verifiably false or misleading
        information for economic gain or to intentionally deceive the
        public, including creating false impersonations of natural
        persons.

    (b) To synthesize or modify a natural person's appearance, voice, or
        other individual characteristics, unless prior informed consent
        of said natural person is obtained.

    (c) To autonomously interact with a natural person, in text or audio
        format, unless disclosure and consent is given prior to
        interaction that the system engaging in the interaction is not a
        natural person.

    (d) To defame or harm a natural person's reputation, such as by
        generating, creating, promoting, or spreading defamatory content
        (statements, images, or other content).

    (e) To generate or disseminate information (including - but not
        limited to - images, code, posts, articles), and place the
        information in any public context without expressly and
        intelligibly disclaiming that the information and/or content is
        machine generated.

5.  Privacy

    (a) To utilize personal information to infer additional personal
        information about a natural person, including but not limited to
        legally protected characteristics, vulnerabilities or
        categories; unless informed consent from the data subject to
        collect said inferred personal information for a stated purpose
        and defined duration is received.

    (b) To generate or disseminate personal identifiable information
        that can be used to harm an individual or to invade the personal
        privacy of an individual.

    (c) To engage in, promote, incite, or facilitate the harassment,
        abuse, threatening, or bullying of individuals or groups of
        individuals.

6.  Health

    (a) To provide medical advice or make clinical decisions without
        necessary (external) accreditation of the system; unless the use
        is (i) in an internal research context with independent and
        accountable oversight and/or (ii) with medical professional
        oversight that is accompanied by any related compulsory
        certification and/or safety/quality standard for the
        implementation of the technology.

    (b) To provide medical advice and medical results interpretation
        without external, human validation of such advice or
        interpretation.

    (c) In connection with any activities that present a risk of death
        or bodily harm to individuals, including self-harm or harm to
        others, or in connection with regulated or controlled
        substances.

    (d) In connection with activities that present a risk of death or
        bodily harm to individuals, including inciting or promoting
        violence, abuse, or any infliction of bodily harm to an
        individual or group of individuals

7.  General

    (a) To defame, disparage or otherwise harass others.

    (b) To Intentionally deceive or mislead others, including failing to
        appropriately disclose to end users any known dangers of your
        system.

8.  Research

    (a) In connection with any academic dishonesty, including submitting
        any informational content or output of a Model as Your own work
        in any academic setting.

9.  Malware

    (a) To generate and/or disseminate malware (including - but not
        limited to - ransomware) or any other content to be used for the
        purpose of Harming electronic systems;