| OlmoEarth Artifact License |
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| By exercising the rights granted to you under this OlmoEarth Artifact License |
| ("Agreement"), you accept and agree to its terms and conditions and enter into this |
| Agreement with The Allen Institute for Artificial Intelligence ("Ai2"). All references |
| to "you" herein means both an individual and legal entity that an individual is acting |
| on behalf of. |
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| Subject to your compliance with this Agreement, Ai2 grants you permission, free of |
| charge, to use the machine learning artifacts, materials, and documentation provided by |
| Ai2 under this Agreement as follows (collectively, "Artifacts"): |
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| - Model weights, including architecture and parameters ("Model"); |
| - Associated dataset or collection of data in connection with the Model ("Dataset"); and/or |
| - Associated software to process and run the Dataset and Model, including code in |
| source or binary form for training, inference, and evaluation ("Code"). |
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| 1. Use Rights |
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| Subject to the terms in Section 2 and 3 below, you may: |
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| (a) Use, reproduce, modify, display and distribute the Artifacts, in whole or in part; |
| (b) Create any other machine learning models, datasets, and derivative works that are |
| derived from or based on the Artifacts, including by (i) transfer of patterns of |
| the weights, parameters, operations, or outputs of the Model, (ii) generating |
| outputs of the Model to produce synthetic data, and (iii) using Code to prepare any |
| work of authorship (collectively, "Derivatives"); and |
| (c) Publish and share Derivatives. |
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| 2. Use Restrictions |
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| You will not (and will not encourage, permit, or facilitate any others to) use any |
| portion of the Artifacts or Derivatives for the following purposes: |
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| (a) Any military and defense-related applications and use cases, including without |
| limitation, for weapons development, military operations, intelligence gathering, |
| or human surveillance and policing activities. |
| (b) Any extractive activities, operations and use cases involving the removal of raw |
| materials from the earth, including without limitation, to plan or facilitate the |
| extraction of oil, natural gas and minerals through activities such as drilling, |
| mining, and deforestation. |
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| 3. Distribution |
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| In any distribution of the Artifacts or Derivatives: |
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| (a) You will cite Ai2 as the source of the Artifacts in any distribution of Artifacts |
| or Derivatives. |
| (b) If you distribute any portion of the Artifacts, you will either link to or provide |
| a copy of this Agreement to all third party recipients. |
| (c) If you distribute any Derivatives, you may add your own intellectual property |
| notices and apply other licenses and terms of use, provided that you include and |
| require the use restrictions in Section 2 in all downstream distribution unless Ai2 |
| provides written approval otherwise. |
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| 4. Termination |
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| This Agreement will automatically terminate with immediate effect and without notice to |
| you in the following circumstances: |
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| (a) Your breach of the use restrictions in Section 2 and any other terms and conditions |
| herein; or |
| (b) If you file, maintain, or voluntarily participate in a lawsuit against any person |
| or entity asserting that the Artifacts or any portion thereof directly or |
| indirectly infringe any patent, except where a lawsuit is filed in response to a |
| corresponding lawsuit first brought against you. |
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| For the avoidance of doubt, Ai2 may also offer the Artifacts under separate terms and |
| conditions or stop distributing the Artifacts at any time; however, doing so will not |
| terminate this Agreement. You may continue to use the Artifacts under this Agreement |
| unless it is terminated in accordance with the circumstances expressly stated herein. |
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| 5. Rights Not Covered |
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| This Agreement does not cover any patents or trademarks associated with the Artifacts, |
| including with respect to any individual items of information and materials that are |
| included or incorporated within a Dataset ("Contents"). Such Contents may be factual |
| data or independent works such as text, images, audio, and audio visual material. |
| Contents may be subject to other rights, including copyright, patent, data protection, |
| privacy, or personality rights, and this Agreement does not cover such rights. The use |
| rights in Section 1 expressly exclude any and all other rights that may apply to the |
| Contents of a Dataset. |
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| 6. Disclaimer and Limitation of Liability |
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| (a) THE ARTIFACTS ARE PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS", WITHOUT |
| ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, IMPLIED |
| WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR |
| PURPOSE, ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE |
| OF ERRORS, WHETHER OR NOT KNOWN OR DISCOVERABLE. AI2 MAKES NO REPRESENTATIONS OR |
| WARRANTIES AS TO THE RELIABILITY, COMPLETENESS, QUALITY, PERFORMANCE, |
| FUNCTIONALITY, OR UTILITY OF ANY ARTIFACTS. ANY USE OF THE ARTIFACTS IS AT YOUR |
| SOLE RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR (1) CLEARING ANY THIRD |
| PARTY RIGHTS THAT MAY APPLY TO OR BE EMBODIED IN ANY ARTIFACTS, INCLUDING ANY |
| CONTENTS IN A DATASET; (2) OBTAINING ANY NECESSARY RIGHTS, LICENSES, CONSENTS, OR |
| PERMISSIONS REQUIRED FOR YOUR USE OF THE ARTIFACTS; AND (3) PERFORMING ANY DUE |
| DILIGENCE ON THE ARTIFACTS TO VERIFY SUITABILITY FOR YOUR INTENDED USE. |
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| (b) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL AI2 BE |
| LIABLE FOR ANY CLAIM, DAMAGES, LOSSES, OR OTHER LIABILITY OF ANY KIND WHATSOEVER, |
| WHETHER IN AN ACTION OF CONTRACT, TORT, OR OTHERWISE, ARISING FROM OR IN CONNECTION |
| WITH THE ARTIFACTS OR YOUR USE THEREOF. |
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| (c) The disclaimers and limitations of liability set forth above will be interpreted in |
| a manner that, to the greatest extent possible, constitute an absolute disclaimer |
| and waiver of all liability. |
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| 7. Other Agreements |
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| If you have entered into a separate written agreement with Ai2 regarding your use of |
| the specific Artifacts that are subject to this Agreement ("Other Agreement"), the |
| terms of such Other Agreement will supplement the terms herein. To the extent of any |
| conflict between the terms of the Other Agreement and this Agreement, the Other |
| Agreement will take precedence. |
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| 8. Miscellaneous |
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| If any term or provision of this Agreement is deemed invalid or unenforceable, it will |
| automatically be reformed to the minimum extent necessary to make it enforceable. To |
| the extent it cannot be reformed, it will be severed from this Agreement, and the |
| remaining terms and conditions will remain in full force and effect. Any delay or |
| failure by Ai2 to take any action or enforce any breach of this Agreement will not be |
| deemed as a waiver or consent by Ai2. No term or provision of this Agreement will be |
| waived by Ai2 unless expressly agreed in writing. Nothing in this Agreement constitutes |
| as a limitation of any privileges, immunities, and rights that apply to you or Ai2 |
| under applicable laws, including from the legal processes of any jurisdiction or |
| authority. |
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