Create realvisXL-lightning-4.0.license

realvisXL-lightning-4.0.license

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+Copyright (c) 2023 Stability AI CreativeML Open RAIL++-M License dated July 26, 2023
+
+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 agreement aims to strike a balance between both
+in order to enable responsible open-science in the field of AI. This CreativeML Open
+RAIL++-M 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: 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
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+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. 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
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+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
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+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
+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. 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). 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 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. 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. Disclaimer of
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+the Model and the Complementary Material (and each Contributor provides its
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+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. 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. 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,
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+indemnify, defend, and hold each Contributor harmless for any liability incurred by, or
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+or additional liability. 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).