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

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

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).