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;

pp- 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).