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Orca-Eye-Aye-RAIL.md

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Generated on: 2024-03-20 22:43:25.908000+00:00
License ID: c88d702c-d7d2-4253-8864-0cf7174173cc
License Template Version: 79d7c6de9417b9cc8e090c4ed130b7170eea68fa

Orca Eye Aye model RAIL-M

Licensed Artifact(s):

  • Model

NOTE: The primary difference between a RAIL and OpenRAIL license is that the RAIL license does not require the licensee to have royalty-free use of the relevant artifact(s), nor does the RAIL license necessarily permit modifications to the artifact(s). Both RAIL and OpenRAIL licenses include use restrictions prohibiting certain uses of the licensed artifact(s).

Section I: PREAMBLE

This RAIL License is generally applicable to the Artifact(s) identified above.

For valuable consideration, You and Licensor agree as follows:

1. Definitions

(a) “Application” refers to a sequence of instructions or statements written in machine code language, including object code (that is the product of a compiler), binary code (data using a two-symbol system) or an intermediate language (such as register transfer language).

(b) “Artifact” refers to a software application (in either binary or source code format), Model, and/or Source Code, in accordance with what is specified above as the “Licensed Artifact”.

(c) "Contribution" means any work, including any modifications or additions to an Artifact, that is intentionally submitted to Licensor for inclusion or incorporation in the Artifact directly or indirectly by the rights 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, sharing and improving the Artifact, but excluding communication that is conspicuously marked or otherwise designated in writing by the contributor as "Not a Contribution."

(d) "Contributor" means Licensor or any other individual or legal entity that creates or owns a Contribution that is added to or incorporated into an Artifact.

(e) “Data” means a collection of information and/or content extracted from the dataset used with a given Model, including to train, pretrain, or otherwise evaluate the Model. The Data is not licensed under this License.

(f) “Derivative” means a work derived from or based upon an Artifact, and includes all modified versions of such Artifact.

(g) “Harm” includes but is not limited to physical, mental, psychological, financial and reputational damage, pain, or loss.

(h) "License" means the terms and conditions for use, reproduction, and Distribution as defined in this document.

(i) “Licensor” means the rights owner (by virtue of creation or documented transfer of ownership) or entity authorized by the rights owner (e.g., exclusive licensee) that is granting the rights in this License.

(j) “Model” means any machine-learning based assembly or assemblies (including checkpoints), consisting of learnt weights, parameters (including optimizer states), corresponding to the model architecture as embodied in the Source Code.

(k) “Output” means the results of operating a Model as embodied in informational content resulting therefrom.

(i) “Source Code” means any collection of text written using human-readable programming language, including the code and scripts used to define, run, load, benchmark or evaluate a Model or any component thereof, and/or used to prepare data for training or evaluation, if any. Source Code includes any accompanying documentation, tutorials, examples, etc, if any. For clarity, the term “Source Code” as used in this License includes any and all Derivatives of such Source Code.

(m) “Third Parties” means individuals or legal entities that are not under common control with Licensor or You.

(n) “Use” includes accessing and utilizing an Artifact, and may, in connection with a Model, also include creating content, fine-tuning, updating, running, training, evaluating and/or re-parametrizing such Model.

(o) "You" (or "Your") means an individual or legal entity receiving and exercising permissions granted by this License and/or making use of the Artifact for permitted purposes and in any permitted field of use, including usage of the Artifact in an end-use application - e.g. chatbot, translator, image generator, etc.

Section II: INTELLECTUAL PROPERTY RIGHTS

Both copyright and patent grants may apply to the Artifact. The Artifact is subject to additional terms as described in Section III below, which govern the use of the Artifact in the event that Section II is held unenforceable or inapplicable.

2. Grant of Copyright License. Conditioned upon compliance with Section III below and subject to the terms and conditions of this License, each Contributor hereby grants to You a worldwide, non-exclusive, royalty-free copyright license to reproduce (for internal purposes), use, publicly display, and publicly perform the Artifact.

3. Grant of Patent License. Conditioned upon compliance with Section III below and subject to the terms and conditions of this License, and only where and as applicable, each Contributor hereby grants to You a worldwide, non-exclusive, royalty-free, irrevocable (except as stated in this paragraph) patent license to make, use, sell, offer to sell, and import the Artifact 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 Artifact 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 Artifact and/or a Contribution incorporated within the Artifact constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License in connection with the Artifact shall terminate as of the date such litigation is asserted or filed.

Licensor and Contributor each have the right to grant the licenses above.

Section III: CONDITIONS OF USAGE, DISTRIBUTION AND REDISTRIBUTION

4. Use-based restrictions. The restrictions set forth in Attachment A are mandatory Use-based restrictions. Therefore You cannot Use the Artifact in violation of such restrictions. You may Use the Artifact only subject to this License. You may not distribute the Artifact to any third parties, and you may not create any Derivatives.

5. The Output You Generate. Except as set forth herein, Licensor claims no rights in the Output You generate using an Artifact. If the Artifact is a Model, You are accountable for the Output You generate and its subsequent uses, and no use of the Output can contravene any provision as stated in this License.

6. Notices. You shall retain all copyright, patent, trademark, and attribution notices that accompany the Artifact.

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 Artifact in violation of this License or update the Artifact through electronic means.

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 Artifact (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 the Artifact, 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 Artifact (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. 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.

12. Term and Termination. The term of this License will commence upon the earlier of (a) Your acceptance of this License or (b) accessing the Artifact; and will continue in full force and effect until terminated in accordance with the terms and conditions herein. Licensor may terminate this License if You are in breach of any term or condition of this Agreement. Upon termination of this Agreement, You shall delete and cease use of the Artifact. Section 10 shall survive the termination of this License.

END OF TERMS AND CONDITIONS

Attachment A

USE RESTRICTIONS

You agree not to use the Artifact in furtherance of any of the following:

  1. Discrimination

    (a) To discriminate or exploit individuals or groups based on legally protected characteristics and/or vulnerabilities.

  2. Military

    (a) For weaponry or warfare.

    (b) For purposes of building or optimizing military weapons or in the service of nuclear proliferation or nuclear weapons technology.

  3. Legal

    (a) In any way that violates any applicable national, federal, state, local or international law or regulation.

  4. Privacy

    (a) To generate or disseminate personal identifiable information that can be used to harm an individual or to invade the personal privacy of an individual.

    (b) To engage in, promote, incite, or facilitate the harassment, abuse, threatening, or bullying of individuals or groups of individuals.

  5. Health

    (a) In connection with activities that present a risk of death or bodily harm to individuals, including inciting or promoting violence, abuse, or any infliction of bodily harm to an individual or group of individuals