260 lines
11 KiB
Plaintext
260 lines
11 KiB
Plaintext
Ohmatic Source-Available License, Version 1.1
|
|
|
|
Abbreviation
|
|
|
|
Ohmatic-SAL-1.1
|
|
|
|
About this license
|
|
|
|
This license is adapted from the Functional Source License, Version 1.1
|
|
(FSL-1.1-ALv2). It is a modified version and is not the Functional Source
|
|
License. It differs from FSL-1.1-ALv2 in the following ways:
|
|
|
|
1. The Grant of Future License takes effect ten years after a version is made
|
|
available, instead of two, and is calculated separately for each version.
|
|
|
|
2. A Permitted Purpose additionally requires that your use fall within the
|
|
Community Tier defined below. The Community Tier thresholds are adapted from
|
|
the PolyForm Small Business License 1.0.0, with the headcount threshold set
|
|
to fewer than 50 individuals and an additional external-funding ceiling.
|
|
|
|
3. A Derivative Models restriction is added, adapted from the prohibition in the
|
|
Llama 2 Community License Agreement (section 1.b.v), prohibiting use of the
|
|
Software, its weights, or its Output to train any other model except with our
|
|
prior written permission.
|
|
|
|
4. Standard Acceptance, Term and Termination, and General provisions
|
|
(including governing law) are added for completeness.
|
|
|
|
Notice
|
|
|
|
Copyright 2026 Vittoria Lanzo
|
|
|
|
Terms and Conditions
|
|
|
|
Licensor ("We", "us", "our")
|
|
|
|
The party offering the Software under these Terms and Conditions.
|
|
|
|
The Software
|
|
|
|
The "Software" is each version of the software, including its source code and
|
|
its model weights, that we make available under these Terms and Conditions, as
|
|
indicated by our inclusion of these Terms and Conditions with the Software.
|
|
|
|
You
|
|
|
|
"You" and "your" mean the individual or legal entity exercising rights under
|
|
these Terms and Conditions. If you exercise those rights on behalf of an
|
|
organization, "you" includes that organization, and you represent that you have
|
|
authority to bind it to these Terms and Conditions.
|
|
|
|
Output
|
|
|
|
"Output" means any content, results, predictions, or other material generated by
|
|
running, invoking, or querying the Software, including model inferences.
|
|
|
|
Acceptance
|
|
|
|
By using, copying, modifying, creating derivative works of, or redistributing
|
|
the Software, you accept and agree to these Terms and Conditions. If you do not
|
|
agree to these Terms and Conditions, you have no rights under them and may not
|
|
use the Software.
|
|
|
|
License Grant
|
|
|
|
Subject to your compliance with this License Grant and the Patents,
|
|
Redistribution, Derivative Models and Trademark clauses below, we hereby grant
|
|
you the right to use, copy, modify, create derivative works, publicly perform,
|
|
publicly display and redistribute the Software for any Permitted Purpose
|
|
identified below.
|
|
|
|
Permitted Purpose
|
|
|
|
A Permitted Purpose is any purpose that is both (a) not a Competing Use and
|
|
(b) within the Community Tier. Use that is not a Competing Use but that exceeds
|
|
the Community Tier is permitted only under a separate commercial license from us
|
|
(see the Commercial License section below).
|
|
|
|
A Competing Use means making the Software available to others in a commercial
|
|
product or service that:
|
|
|
|
1. substitutes for the Software;
|
|
|
|
2. substitutes for any other product or service we offer using the Software
|
|
that exists as of the date we make the Software available; or
|
|
|
|
3. offers the same or substantially similar functionality as the Software.
|
|
|
|
Permitted Purposes specifically include using the Software, within the Community
|
|
Tier:
|
|
|
|
1. for your internal use and access;
|
|
|
|
2. for non-commercial education;
|
|
|
|
3. for non-commercial research; and
|
|
|
|
4. in connection with professional services that you provide to a licensee
|
|
using the Software in accordance with these Terms and Conditions.
|
|
|
|
Community Tier
|
|
|
|
Your use is within the Community Tier if any of the following applies:
|
|
|
|
1. you are an individual using the Software for personal, non-commercial
|
|
purposes;
|
|
|
|
2. you are using the Software for non-commercial education or non-commercial
|
|
research; or
|
|
|
|
3. use of the Software is for the benefit of your company, and your company,
|
|
in the prior tax year, has fewer than 50 total individuals working as
|
|
employees and independent contractors, and less than 1,000,000 USD (2019)
|
|
total revenue, and your company has raised no more than 1,000,000 USD (2019)
|
|
in total external or institutional funding (including venture capital,
|
|
private equity, angel, and similar investment) as of the date of your use.
|
|
|
|
Adjust each 1,000,000 USD threshold for inflation according to the United States
|
|
Bureau of Labor Statistics' consumer price index for all urban consumers, U.S.
|
|
city average, for all items, not seasonally adjusted, with 1982-1984=100
|
|
reference base.
|
|
|
|
"Your company" is any legal entity, sole proprietorship, or other kind of
|
|
organization that you work for, plus all organizations that have control over,
|
|
are under the control of, or are under common control with that organization.
|
|
"Control" means ownership of substantially all the assets of an entity, or the
|
|
power to direct its management and policies by vote, contract, or otherwise.
|
|
Control can be direct or indirect.
|
|
|
|
If your use exceeds the Community Tier, you may obtain a commercial license as
|
|
described in the Commercial License section below.
|
|
|
|
Derivative Models
|
|
|
|
Except with our prior written permission, you will not use the Software, its
|
|
model weights, or any Output to train, fine-tune, distill, adapt, align, or
|
|
otherwise create, develop, or improve any machine-learning model or artificial
|
|
intelligence system, other than a derivative work of the Software itself that
|
|
you license in its entirety under these Terms and Conditions.
|
|
|
|
This restriction applies whether or not the resulting model or system competes
|
|
with the Software, and whether or not the Software is redistributed.
|
|
|
|
For clarity, this restriction does not by itself prevent you from using Output
|
|
for purposes other than developing a machine-learning model or artificial
|
|
intelligence system, subject to the rest of these Terms and Conditions. As
|
|
between you and us, you own the Output you generate, subject to this Derivative
|
|
Models restriction and to these Terms and Conditions.
|
|
|
|
To request permission, email Vittoria Lanzo at lanzo.vittoria@gmail.com.
|
|
Sending a request does not grant you any rights. No permission arises unless and
|
|
until we affirmatively approve your request in a written reply from us. Our
|
|
silence, non-response, or failure to reply is not permission and must be treated
|
|
as a denial. We may grant, condition, or deny any request on a case-by-case
|
|
basis in our sole discretion, and any approval is effective only for the use
|
|
expressly described in our written reply.
|
|
|
|
Patents
|
|
|
|
To the extent your use for a Permitted Purpose would necessarily infringe our
|
|
patents, the license grant above includes a license under our patents. If you
|
|
make a claim against any party that the Software infringes or contributes to
|
|
the infringement of any patent, then your patent license to the Software ends
|
|
immediately.
|
|
|
|
Redistribution
|
|
|
|
The Terms and Conditions apply to all copies, modifications and derivatives of
|
|
the Software.
|
|
|
|
If you redistribute any copies, modifications or derivatives of the Software,
|
|
you must include a copy of or a link to these Terms and Conditions and not
|
|
remove any copyright notices provided in or with the Software.
|
|
|
|
Term and Termination
|
|
|
|
These Terms and Conditions apply for as long as you exercise any rights under
|
|
them. Your rights under these Terms and Conditions terminate automatically if
|
|
you breach them. However, the first time you are notified in writing that you
|
|
have violated any of these Terms and Conditions, your rights can nonetheless
|
|
continue if you come into full compliance within 32 days of the notice, and
|
|
remain in compliance.
|
|
|
|
On termination, you must stop all use of the Software and destroy all copies in
|
|
your possession or control, except that any version for which the Grant of
|
|
Future License has already taken effect remains available to you under the
|
|
Apache License, Version 2.0. The Derivative Models, Patents, Disclaimer,
|
|
Limitation of Liability, Trademarks, and General sections survive termination.
|
|
|
|
Commercial License
|
|
|
|
Rights that these Terms and Conditions do not grant -- including Competing Use,
|
|
use that exceeds the Community Tier, and the use of the Software, its weights, or
|
|
its Output to train or improve any other model or system -- are available under
|
|
a separate commercial license, or by our prior written permission. For a
|
|
commercial license, written permission, or acquisition of the Software and its
|
|
associated assets, contact Vittoria Lanzo at lanzo.vittoria@gmail.com.
|
|
|
|
Disclaimer
|
|
|
|
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR
|
|
IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR
|
|
PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT.
|
|
|
|
Limitation of Liability
|
|
|
|
IN NO EVENT WILL WE HAVE ANY LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE
|
|
SOFTWARE, INCLUDING INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
|
|
EVEN IF WE HAVE BEEN INFORMED OF THEIR POSSIBILITY IN ADVANCE.
|
|
|
|
Trademarks
|
|
|
|
Except for displaying the License Details and identifying us as the origin of
|
|
the Software, you have no right under these Terms and Conditions to use our
|
|
trademarks, trade names, service marks or product names.
|
|
|
|
General
|
|
|
|
These Terms and Conditions are the entire agreement between you and us regarding
|
|
the Software licensed under them, and supersede any prior or contemporaneous
|
|
understandings regarding that subject matter. They do not modify any separate
|
|
written commercial license or written permission you obtain from us.
|
|
|
|
If any provision of these Terms and Conditions is held unenforceable, it will be
|
|
modified to the minimum extent necessary to make it enforceable, or if it cannot
|
|
be, severed, and the remaining provisions will remain in full force and effect.
|
|
|
|
Our failure to enforce any provision is not a waiver of our right to enforce it
|
|
later. You may not assign or transfer these Terms and Conditions or any rights
|
|
under them without our prior written consent, and any attempted assignment in
|
|
violation of this sentence is void.
|
|
|
|
Governing Law. These Terms and Conditions are governed by the laws of the
|
|
Italian Republic, without regard to its conflict-of-laws rules. The courts of
|
|
Italy will have exclusive jurisdiction over any dispute arising out of or
|
|
relating to these Terms and Conditions or the Software.
|
|
|
|
Grant of Future License
|
|
|
|
We make the Software available version by version. For each version of the
|
|
Software, we hereby irrevocably grant you an additional license to use that
|
|
version under the Apache License, Version 2.0, effective on the tenth
|
|
anniversary of the date we first make that version available. The grant for one
|
|
version does not accelerate, defer, or otherwise affect the grant for any other
|
|
version. On or after the applicable date for a given version, you may use that
|
|
version under the Apache License, Version 2.0, in which case the following will
|
|
apply:
|
|
|
|
Licensed under the Apache License, Version 2.0 (the "License"); you may not use
|
|
this file except in compliance with the License.
|
|
|
|
You may obtain a copy of the License at
|
|
|
|
http://www.apache.org/licenses/LICENSE-2.0
|
|
|
|
Unless required by applicable law or agreed to in writing, software distributed
|
|
under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR
|
|
CONDITIONS OF ANY KIND, either express or implied. See the License for the
|
|
specific language governing permissions and limitations under the License.
|