| Stability AI Community License Agreement |
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| Last Updated: July 2, 2024 |
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| By using, reproducing, modifying, distributing, performing or displaying any |
| portion or element of Stability AI Materials, or otherwise accepting the terms |
| of this Agreement, you agree to be bound by this Agreement. |
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| If you do not agree to the terms of this Agreement, you must not use the |
| Stability AI Materials. |
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| 1. DEFINITIONS |
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| "Agreement" means these terms and conditions. |
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| "Commercial Purpose" means any use that is primarily intended for or directed |
| towards commercial advantage or monetary compensation. For clarity, the |
| following activities do not constitute a Commercial Purpose: (i) personal, |
| non-commercial use; (ii) non-commercial research; and (iii) non-commercial |
| education. |
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| "Derivative Work" means any (i) modified version of Stability AI Materials |
| (including but not limited to any customized, fine-tuned, distilled version, or |
| any other version which modifies the weights of Stability AI Materials), |
| (ii) work that is based on or incorporates Stability AI Materials, or |
| (iii) any other work that would constitute a "derivative work" under |
| applicable intellectual property law. |
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| "Documentation" means any specifications, manuals, documentation, and other |
| written information provided by Stability AI related to the Software. |
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| "Foundational Model" means any machine learning model that can be used as the |
| primary starting point for developing other machine learning models. |
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| "Generated Output" means the results of operating the Stability AI Materials. |
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| "Licensee" or "you" means the individual or entity entering into this |
| Agreement and exercising permissions granted by this Agreement. |
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| "Stability AI" means Stability AI Ltd. |
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| "Stability AI Materials" means, collectively, the Software, Documentation, and |
| model weights made available under this Agreement. |
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| "Software" means any Stability AI computer programming code and related |
| documentation, including any updates to such software. |
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| 2. GRANT OF RIGHTS |
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| Subject to the terms of this Agreement, Stability AI hereby grants you a |
| non-exclusive, worldwide, non-transferable, non-sublicensable, revocable |
| license under Stability AI's intellectual property rights in the Stability AI |
| Materials to: |
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| (a) Use, reproduce, modify, and create Derivative Works of the Stability AI |
| Materials for any purpose, including Commercial Purposes, subject to |
| Section 3 below; |
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| (b) Distribute or make available to third parties the Stability AI Materials |
| or any Derivative Works thereof. |
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| 3. CONDITIONS OF USE |
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| (a) Revenue Threshold. If you, or any of your affiliates, has annual revenues |
| equal to or exceeding One Million United States Dollars (USD $1,000,000) |
| (or the equivalent in other currencies) and you wish to use Stability AI |
| Materials for a Commercial Purpose, you must obtain a separate Enterprise |
| license from Stability AI by contacting |
| https://stability.ai/enterprise. |
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| (b) Acceptable Use. You must comply with the Stability AI Acceptable Use |
| Policy at https://stability.ai/use-policy, which is incorporated herein |
| by reference. |
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| (c) Derivative Works. If you create a Derivative Work: |
| (i) You must include "Built with Stability AI" prominently in the |
| related product documentation and the Derivative Work itself. |
| (ii) You may not use the Stability AI Materials or any Derivative Work |
| to create, train, fine-tune, or otherwise improve a Foundational |
| Model. |
| (iii) You include a copy of or link to this Agreement with any |
| distribution of the Derivative Work. |
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| (d) No Removal of Notices. You must not remove or alter any proprietary |
| notices, labels, or marks on the Stability AI Materials. |
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| (e) No Endorsement. You may not use Stability AI's name, logo, or |
| trademarks to endorse or promote products derived from the Stability AI |
| Materials without Stability AI's prior written consent. |
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| 4. INTELLECTUAL PROPERTY |
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| (a) Stability AI retains all right, title, and interest in and to the |
| Stability AI Materials and any Derivative Works thereof made by or for |
| Stability AI. |
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| (b) Subject to Stability AI's ownership rights, you own any Derivative Works |
| you create, subject to the terms of this Agreement. |
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| (c) Subject to Stability AI's ownership rights in the Stability AI |
| Materials, and to the extent permitted by applicable law, you own the |
| Generated Output. |
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| 5. DISCLAIMER OF WARRANTIES |
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| THE STABILITY AI MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT |
| ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. STABILITY AI DISCLAIMS ALL |
| WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, |
| FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. |
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| 6. LIMITATION OF LIABILITY |
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| TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL STABILITY AI BE |
| LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY |
| DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT |
| LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT |
| OR THE USE OR INABILITY TO USE THE STABILITY AI MATERIALS. |
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| 7. TERM AND TERMINATION |
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| (a) This Agreement is effective from the date you first use the Stability AI |
| Materials and continues until terminated. |
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| (b) Stability AI may terminate this Agreement at any time if you breach any |
| of its terms. |
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| (c) Upon termination, you must immediately cease use of the Stability AI |
| Materials and destroy all copies in your possession. |
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| (d) Sections 4, 5, 6, and 8 survive any termination of this Agreement. |
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| 8. GENERAL |
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| (a) This Agreement shall be governed by and construed in accordance with the |
| laws of England and Wales. |
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| (b) This Agreement constitutes the entire agreement between the parties with |
| respect to the subject matter hereof and supersedes all prior or |
| contemporaneous understandings regarding such subject matter. |
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| (c) If any provision of this Agreement is found to be unenforceable, the |
| remaining provisions will remain in full force and effect. |
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| (d) Stability AI's failure to enforce any right or provision of this |
| Agreement will not be considered a waiver of such right or provision. |
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