LICENSE

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; 
- 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).