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LICENSE
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| 1 |
+
OlmoEarth Artifact License
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| 2 |
+
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| 3 |
+
By exercising the rights granted to you under this OlmoEarth Artifact License
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| 4 |
+
("Agreement"), you accept and agree to its terms and conditions and enter into this
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| 5 |
+
Agreement with The Allen Institute for Artificial Intelligence ("Ai2"). All references
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| 6 |
+
to "you" herein means both an individual and legal entity that an individual is acting
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| 7 |
+
on behalf of.
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| 8 |
+
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| 9 |
+
Subject to your compliance with this Agreement, Ai2 grants you permission, free of
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| 10 |
+
charge, to use the machine learning artifacts, materials, and documentation provided by
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| 11 |
+
Ai2 under this Agreement as follows (collectively, "Artifacts"):
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| 12 |
+
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| 13 |
+
- Model weights, including architecture and parameters ("Model");
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| 14 |
+
- Associated dataset or collection of data in connection with the Model ("Dataset"); and/or
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| 15 |
+
- Associated software to process and run the Dataset and Model, including code in
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| 16 |
+
source or binary form for training, inference, and evaluation ("Code").
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| 17 |
+
|
| 18 |
+
1. Use Rights
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| 19 |
+
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| 20 |
+
Subject to the terms in Section 2 and 3 below, you may:
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| 21 |
+
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| 22 |
+
(a) Use, reproduce, modify, display and distribute the Artifacts, in whole or in part;
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| 23 |
+
(b) Create any other machine learning models, datasets, and derivative works that are
|
| 24 |
+
derived from or based on the Artifacts, including by (i) transfer of patterns of
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| 25 |
+
the weights, parameters, operations, or outputs of the Model, (ii) generating
|
| 26 |
+
outputs of the Model to produce synthetic data, and (iii) using Code to prepare any
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| 27 |
+
work of authorship (collectively, "Derivatives"); and
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| 28 |
+
(c) Publish and share Derivatives.
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| 29 |
+
|
| 30 |
+
2. Use Restrictions
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| 31 |
+
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| 32 |
+
You will not (and will not encourage, permit, or facilitate any others to) use any
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| 33 |
+
portion of the Artifacts or Derivatives for the following purposes:
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| 34 |
+
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| 35 |
+
(a) Any military and defense-related applications and use cases, including without
|
| 36 |
+
limitation, for weapons development, military operations, intelligence gathering,
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| 37 |
+
or human surveillance and policing activities.
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| 38 |
+
(b) Any extractive activities, operations and use cases involving the removal of raw
|
| 39 |
+
materials from the earth, including without limitation, to plan or facilitate the
|
| 40 |
+
extraction of oil, natural gas and minerals through activities such as drilling,
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| 41 |
+
mining, and deforestation.
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| 42 |
+
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| 43 |
+
3. Distribution
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| 44 |
+
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| 45 |
+
In any distribution of the Artifacts or Derivatives:
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| 46 |
+
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| 47 |
+
(a) You will cite Ai2 as the source of the Artifacts in any distribution of Artifacts
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| 48 |
+
or Derivatives.
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| 49 |
+
(b) If you distribute any portion of the Artifacts, you will either link to or provide
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| 50 |
+
a copy of this Agreement to all third party recipients.
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| 51 |
+
(c) If you distribute any Derivatives, you may add your own intellectual property
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| 52 |
+
notices and apply other licenses and terms of use, provided that you include and
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| 53 |
+
require the use restrictions in Section 2 in all downstream distribution unless Ai2
|
| 54 |
+
provides written approval otherwise.
|
| 55 |
+
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| 56 |
+
4. Termination
|
| 57 |
+
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| 58 |
+
This Agreement will automatically terminate with immediate effect and without notice to
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| 59 |
+
you in the following circumstances:
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| 60 |
+
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| 61 |
+
(a) Your breach of the use restrictions in Section 2 and any other terms and conditions
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| 62 |
+
herein; or
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| 63 |
+
(b) If you file, maintain, or voluntarily participate in a lawsuit against any person
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| 64 |
+
or entity asserting that the Artifacts or any portion thereof directly or
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| 65 |
+
indirectly infringe any patent, except where a lawsuit is filed in response to a
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| 66 |
+
corresponding lawsuit first brought against you.
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| 67 |
+
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| 68 |
+
For the avoidance of doubt, Ai2 may also offer the Artifacts under separate terms and
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| 69 |
+
conditions or stop distributing the Artifacts at any time; however, doing so will not
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| 70 |
+
terminate this Agreement. You may continue to use the Artifacts under this Agreement
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| 71 |
+
unless it is terminated in accordance with the circumstances expressly stated herein.
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| 72 |
+
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| 73 |
+
5. Rights Not Covered
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| 74 |
+
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| 75 |
+
This Agreement does not cover any patents or trademarks associated with the Artifacts,
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| 76 |
+
including with respect to any individual items of information and materials that are
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| 77 |
+
included or incorporated within a Dataset ("Contents"). Such Contents may be factual
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| 78 |
+
data or independent works such as text, images, audio, and audio visual material.
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| 79 |
+
Contents may be subject to other rights, including copyright, patent, data protection,
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| 80 |
+
privacy, or personality rights, and this Agreement does not cover such rights. The use
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| 81 |
+
rights in Section 1 expressly exclude any and all other rights that may apply to the
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| 82 |
+
Contents of a Dataset.
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| 83 |
+
|
| 84 |
+
6. Disclaimer and Limitation of Liability
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| 85 |
+
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| 86 |
+
(a) THE ARTIFACTS ARE PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS", WITHOUT
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| 87 |
+
ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, IMPLIED
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| 88 |
+
WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR
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| 89 |
+
PURPOSE, ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE
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| 90 |
+
OF ERRORS, WHETHER OR NOT KNOWN OR DISCOVERABLE. AI2 MAKES NO REPRESENTATIONS OR
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| 91 |
+
WARRANTIES AS TO THE RELIABILITY, COMPLETENESS, QUALITY, PERFORMANCE,
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| 92 |
+
FUNCTIONALITY, OR UTILITY OF ANY ARTIFACTS. ANY USE OF THE ARTIFACTS IS AT YOUR
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| 93 |
+
SOLE RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR (1) CLEARING ANY THIRD
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| 94 |
+
PARTY RIGHTS THAT MAY APPLY TO OR BE EMBODIED IN ANY ARTIFACTS, INCLUDING ANY
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| 95 |
+
CONTENTS IN A DATASET; (2) OBTAINING ANY NECESSARY RIGHTS, LICENSES, CONSENTS, OR
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| 96 |
+
PERMISSIONS REQUIRED FOR YOUR USE OF THE ARTIFACTS; AND (3) PERFORMING ANY DUE
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| 97 |
+
DILIGENCE ON THE ARTIFACTS TO VERIFY SUITABILITY FOR YOUR INTENDED USE.
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| 98 |
+
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| 99 |
+
(b) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL AI2 BE
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| 100 |
+
LIABLE FOR ANY CLAIM, DAMAGES, LOSSES, OR OTHER LIABILITY OF ANY KIND WHATSOEVER,
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| 101 |
+
WHETHER IN AN ACTION OF CONTRACT, TORT, OR OTHERWISE, ARISING FROM OR IN CONNECTION
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| 102 |
+
WITH THE ARTIFACTS OR YOUR USE THEREOF.
|
| 103 |
+
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| 104 |
+
(c) The disclaimers and limitations of liability set forth above will be interpreted in
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| 105 |
+
a manner that, to the greatest extent possible, constitute an absolute disclaimer
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| 106 |
+
and waiver of all liability.
|
| 107 |
+
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| 108 |
+
7. Other Agreements
|
| 109 |
+
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| 110 |
+
If you have entered into a separate written agreement with Ai2 regarding your use of
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| 111 |
+
the specific Artifacts that are subject to this Agreement ("Other Agreement"), the
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| 112 |
+
terms of such Other Agreement will supplement the terms herein. To the extent of any
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| 113 |
+
conflict between the terms of the Other Agreement and this Agreement, the Other
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| 114 |
+
Agreement will take precedence.
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| 115 |
+
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| 116 |
+
8. Miscellaneous
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| 117 |
+
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| 118 |
+
If any term or provision of this Agreement is deemed invalid or unenforceable, it will
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| 119 |
+
automatically be reformed to the minimum extent necessary to make it enforceable. To
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| 120 |
+
the extent it cannot be reformed, it will be severed from this Agreement, and the
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| 121 |
+
remaining terms and conditions will remain in full force and effect. Any delay or
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| 122 |
+
failure by Ai2 to take any action or enforce any breach of this Agreement will not be
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| 123 |
+
deemed as a waiver or consent by Ai2. No term or provision of this Agreement will be
|
| 124 |
+
waived by Ai2 unless expressly agreed in writing. Nothing in this Agreement constitutes
|
| 125 |
+
as a limitation of any privileges, immunities, and rights that apply to you or Ai2
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| 126 |
+
under applicable laws, including from the legal processes of any jurisdiction or
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| 127 |
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authority.
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