Change license from data license to model license

LICENSE

@@ -1,190 +1,227 @@
-LICENSED MATERIAL (INCLUDING DATA) - LICENSE TO USE
-
-The Licensed Material (as defined below) is made available to You by Alexandra
-Instituttet A/S, Åbogade 34, 8200 Aarhus N, Denmark and may be utilised solely in
-accordance with the license terms stipulated in this document.
-
-The license is based on "AI PUBS OPEN RAIL-M LICENSE" available at
-www.licenses.ai/ai-licenses modified to fit the licensing of Data (hereinafter referred
-to as "the Conditions"), a copy of the modified conditions is attached hereto, with the
-following additions:
-
-1.	The license is governed by the laws of the Kingdom of Denmark
-2.	Any dispute arising out of or in connection herewith, including any disputes
-    regarding the existence, validity or termination of the license, shall be first
-    referred to mediation administered by the Danish Institute of Arbitration in
-    accordance with the Rules on Mediation adopted by the Board of the Danish Institute
-    of Arbitration. If the mediation proceedings are terminated without a settlement,
-    the dispute shall be finally settled by arbitration administered by the Danish
-    Institute of Arbitration in accordance with the Rules of Arbitration adopted by the
-    Board of the Danish Institute of Arbitration. The arbitral tribunal shall be
-    composed of three arbitrators. The place of arbitration shall be Aarhus, Denmark.
-    The language to be used in the arbitral proceedings shall be the English language.
-3.	If, at any time, the compilation, storage, utilisation, or processing of the
-    Licensed Material or the Adapted Material (all as defined below) constitute
-    violation of applicable laws, regardless of anything to the contrary in these
-    conditions, the license shall automatically become null and void without any
-    liability for the Licensor whatsoever.
-4.	Supplementing Attachment A to the Conditions, You additionally agree not to use the
-    Licensed Material or the Adapted Material:
-
-    (a) To impersonate any person or entity or otherwise misrepresent its affiliation
-        with a person or entity, including (but not limited to) the creation of
-        synthetic speech (i) emulating a specific natural person or (ii) which is found
-        to be similar to a specific natural person's speech (regardless of whether the
-        identity of such natural person is known at the time of the creation); or
-    (b) To detect or infer aspects and/or features of an identity of any natural
-        persons, such as name, family name, address, gender, sexual orientation, race,
-        religion, age, location (at any geographical level), skin color, society or
-        political affiliations, employment status and/or employment history, and health
-        and medical conditions.
- 
-
-CONDITIONS
-
-Section I: PREAMBLE
-
-These Conditions are based on OpenRAIL-M License adopted to fit the licensing of Data. A
-version of the Conditions with all changes to the OpenRAIL-M License highlighted is
-available at www.licenses.ai/ai-licenses. The “Open” nomenclature indicates that the
-Licensed Material is freely accessible to downstream and other users. The “RAIL”
-nomenclature indicates that there are use restrictions prohibiting the use of the
-Licensed Material. These restrictions are intended to avoid potential misuse. Even
-though Adapted Material could be released under different licensing terms, the
-Conditions specify that the use restrictions in the original License must apply to such
-Adapted Material.
+MODEL - LICENSE TO USE
+
+The Model (as defined below) is made available to You by Alexandra Instituttet A/S,
+Åbogade 34, 8200 Aarhus N, Denmark and may be utilised solely in accordance with the
+license terms stipulated in this document.
+
+The license is based on "AI PUBS OPEN RAIL-M LICENSE", a copy of which is attached
+hereto with the following additions:
+
+1. The license is governed by the laws of the Kingdom of Denmark
+2. Any dispute arising out of or in connection herewith, including any disputes regarding
+   the existence, validity or termination of the license, shall be first referred to
+   mediation administered by the Danish Institute of Arbitration in accordance with the
+   Rules on Mediation adopted by the Board of the Danish Institute of Arbitration. If
+   the mediation proceedings are terminated without a settlement, the dispute shall be
+   finally settled by arbitration administered by the Danish Institute of Arbitration in
+   accordance with the Rules of Arbitration adopted by the Board of the Danish Institute
+   of Arbitration. The arbitral tribunal shall be composed of three arbitrators. The
+   place of arbitration shall be Aarhus, Denmark. The language to be used in the
+   arbitral proceedings shall be the English language.
+3. If, at any time, the compilation, storage, utilisation, or processing of the Model,
+   Complementary Material, or Data (all as defined below) constitute violation of
+   applicable laws, regardless of anything to the contrary in these conditions, the
+   license shall automatically become null and void without any liability for the
+   Licensor whatsoever.
+4. Supplementing Attachment A to the AI PUBS OPEN RAIL-M LICENSE, You additionally agree
+   not to use the Model or its Derivatives:
+
+   (a) To impersonate any person or entity or otherwise misrepresent its affiliation
+       with a person or entity, including (but not limited to) the creation of synthetic
+       speech (i) emulating a specific natural person or (ii) which is found to be
+       similar to a specific natural person's speech (regardless of whether the identity
+       of such natural person is known at the time of the creation);  or
+   (b) To detect or infer aspects and/or features of an identity of any natural persons,
+       such as name, family name, address, gender, sexual orientation, race, religion,
+       age, location (at any geographical level), skin color, society or political
+       affiliations, employment status and/or employment history, and health and medical
+       conditions.
+
+
+AI PUBS OPEN RAIL-M LICENSE
+
+Version 0.1, March 2, 2023
+
+http://licenses.ai/
+
+Section I:  PREAMBLE
+
+This OpenRAIL-M License is generally applicable to any machine-learning Model.
+
+The “Open” nomenclature indicates that the licensed Model is be freely accessible to
+downstream and other users.  The “RAIL” nomenclature indicates that there are use
+restrictions prohibiting the use of the Model. These restrictions are intended to avoid
+potential misuse. Even though derivative versions of the Model could be released under
+different licensing terms, the License specifies that the  use restrictions in the
+original License must apply to such derivatives.
 
 NOW THEREFORE, You and Licensor agree as follows:
 
-1. Definitions
+1. Definitions 
 
-    (a) "Adapted Material" means material (including Models) derived from or based upon
-        the Licensed Material.
-    (b) "Data"” means a collection of information and/or content extracted from the
+    (a) “Complementary Material” means the applicable 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. Complementary Material is not licensed under
+        this License.
+    (b) "Contribution" means any work, 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 rights owner or by an individual or legal entity authorized to submit on
+        behalf of 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 and improving the Model, but excluding communication that is
+        conspicuously marked or otherwise designated in writing by the rights owner as
+        "Not a Contribution." 
+    (c) "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.
+    (d) “Data” means a collection of information and/or content extracted from the
         dataset used with the Model, including to train, pretrain, or otherwise evaluate
-        a Model. The Data form part of the Licensed Material.
-    (c) "Distribution" means any transmission, reproduction, publication or other
-        sharing of the Licensed Material or the Adapted Material to a third party,
-        including providing the Licensed Material or the Adapted Material as a hosted
-        service made available by electronic or other remote means - e.g. API-based or
-        web access.
-    (d) "Harm" includes but is not limited to physical, mental, psychological, financial
-        and reputational damage, pain, or loss
-    (e) "License" means the terms and conditions for use, reproduction, and Distribution
-        as defined in this document, including the additions and amendments stated
-        above.
-    (f) "Licensed Material" means the artistic or literary work, database, or other
-        material to which the Licensor applied this License.
-    (g) "Licensor" means the rights owner or entity authorized by the rights owner that
+        the Model. The Data is not licensed under this License. 
+    (e) “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.
+    (f) “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. 
+    (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 or entity authorized by the rights owner that
         is granting the License, including the persons or entities that may have rights
-        in the Licensed Material or the Adapted Material and/or distributing the
-        Licensed Material or the Adapted Material.
-    (h) "Model" means any accompanying machine-learning based assemblies (including
+        in the Model and/or distributing the Model.
+    (j) “Model” means any accompanying machine-learning based assemblies (including
         checkpoints), consisting of learnt weights, parameters (including optimizer
-        states), that have been trained or tuned, in whole or in part on the Data, using
-        the Licensed Material. The term "Model" includes algorithmic assemblies,
-        including but not limited to machine-learning based assemblies trained on
-        Licensed Material as well as other material and/or data.
-    (i) "Output" means the results of operating a Model as embodied in informational
+        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. 
+    (k) “Output” means the results of operating a Model as embodied in informational
         content resulting therefrom.
-    (j) "Third Parties" means individuals or legal entities that are not under common
+    (l) “Third Parties” means individuals or legal entities that are not under common
         control with Licensor or You.
-    (k) "You" (or "Your") means an individual or legal entity exercising permissions
-        granted by this License and/or making use of the Licensed Material for whichever
-        purpose and in any field of use, including usage of the Licensed Material or
-        Adapted Material in an end-use application - e.g. chatbot, translator, image
-        generator, speech recognizer, speech generator, adapter etc.
+    (m) "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.
 
 
 Section II: INTELLECTUAL PROPERTY RIGHTS
 
-Both copyright and patent grants may apply to the Licensed Material or the Adapted
-Material. The Licensed Material or the Adapted Material are subject to additional terms
-as described in Section III, which shall govern the use of the Licensed Material or the
-Adapted Material even in the event Section II is held unenforceable.
+Both copyright and patent grants may apply to the Model and Derivatives of the Model.
+The Model and Derivatives of the Model are subject to additional terms as described in
+Section III, which shall govern the use of the Model and Derivatives of the Model even
+in the event Section II is held unenforceable.
 
-2. Grant of Copyright License. Subject to the terms and conditions of this License,
-   Licensor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge,
+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 Licensed Material or the Adapted
-   Material.
+   publicly perform, sublicense, and distribute 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/or Derivatives of the Model 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 or Derivatives of 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 or
+   Derivative of the Model and/or a Contribution incorporated within the Model or
+   Derivative of the Model constitutes direct or contributory patent infringement, then
+   any patent licenses granted to You under this License for the Model and/or Derivative
+   of the Model shall terminate as of the date such litigation is asserted or filed.
 
 
 Section III: CONDITIONS OF USAGE, DISTRIBUTION AND REDISTRIBUTION
 
-3. Distribution and Redistribution. You may host for Third Party remote access purposes
-   (e.g. software-as-a-service), reproduce and distribute copies of the Licensed
-   Material or the Adapted Material in any medium, with or without modifications,
+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:
 
-    (a) Use-based restrictions in paragraph 4 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 Licensed Material or the Adapted Material, and
-        You shall give notice to subsequent users You Distribute to, that the Licensed
-        Material or the Adapted Material are subject to paragraph 4.
-    (b) You must give any Third Party recipients of the Licensed Material or the Adapted
-        Material a copy of this License;
-    (c) You must cause any modified files to carry prominent notices stating that You
-        changed the files;
-    (d) You must retain all copyright, patent, trademark, and attribution notices
-        excluding those notices that do not pertain to any part of the Licensed Material
-        or the Adapted Material. You may add Your own copyright statement to Your
-        modifications and may provide additional or different license terms and
-        conditions - respecting paragraph 3.a - for use, reproduction, or Distribution
-        of Your modifications, or for any such Adapted Material as a whole, provided
-        Your use, reproduction, and Distribution of the Licensed Material or the Adapted
-        Material otherwise complies with the conditions stated in this License.
-
-4. Use-based restrictions. The restrictions set forth in Attachment A are considered
-   Use-based restrictions. Therefore You cannot use the Licensed Material or the Adapted
-   Material in violation of such restrictions. You may use the Licensed Material or the
-   Adapted Material subject to this License, including only for lawful purposes and in
-   accordance with the License. You shall require all of Your users who use the Licensed
-   Material or the Adapted Material to comply with the terms of this paragraph 4.
-5. The Output You Generate. Except as set forth herein, Licensor claims no rights in the
-   Output You generate using the Licensed Material or the Adapted Material. 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.
+   (a) Use-based restrictions 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. 
+   (b) You must give any Third Party recipients of the Model or Derivatives of the Model
+       a copy of this License; 
+   (c) You must cause any modified files to carry prominent notices stating that You
+       changed the files; 
+   (d) 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 or the Derivatives of the
+   Model in violation of such restrictions. 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, fine-tuning, updating, running,
+   training, evaluating and/or re-parametrizing 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 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
 
-6. Updates and Runtime Restrictions. To the maximum extent permitted by law, Licensor
-   reserves the right to restrict (remotely or otherwise) usage of the Licensed Material
-   or the Adapted Material in violation of this License or update the Licensed Material
-   through electronic means.
-7. 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.
-8. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing,
-   Licensor provides the Licensed Material 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 Licensed Material or the Adapted Material, and assume
-   any risks associated with Your exercise of permissions under this License.
-9. 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
-   Licensor 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 Licensed 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 Licensor has
-   been advised of the possibility of such damages.
-10. Accepting Warranty or Additional Liability. While redistributing the Licensed
-    Material or the Adapted Material, You may choose to charge a fee in exchange for
-    support, warranty, indemnity, or other 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 Licensor, and only if You
-    agree to indemnify, defend, and hold Licensor harmless for any liability incurred
-    by, or claims asserted against, Licensor by reason of your accepting any such
-    warranty or additional liability.
-11. If any provision of this License is held to be invalid, illegal or unenforceable,
+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. 
+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 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 and Derivatives of the Model, 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 (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 or
+    Derivatives of the Model, You may choose to charge a fee in exchange for support,
+    warranty, indemnity, or other 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
 
 
@@ -192,32 +229,32 @@ Attachment A
 
 USE RESTRICTIONS
 
-You agree not to use the Licensed Material or the Adapted Material in any of the
-following ways:
+You agree not to use the Model or its Derivatives in any of the following ways:
+
+1. Legal 
+   (a) In any way that violates any applicable national, federal, state, local or
+       international law or regulation.
 
-1. Legal:
-    (a) In any way that violates any applicable national, federal, state, local or
-        international law or regulation.
 2. Harm and Discrimination
-    (a) For the purpose of exploiting, Harming or attempting to exploit or Harm minors
-        in any way;
-    (b) To generate or disseminate false information with the purpose of Harming others;
-    (c) To generate or disseminate personal identifiable information that can be used to
-        Harm an individual;
-    (d) To defame, disparage or otherwise harass others;
-    (e) For any use intended to or which has the effect of Harming individuals or groups
-        based on online or offline social behavior or known or predicted personal or
-        personality characteristics
-    (f) 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 belonging to that group in a manner that causes
-        or is likely to cause that person or another person Harm
-    (g) For any use intended to or which has the effect of discriminating against
-        individuals or groups based on legally protected characteristics or categories.
+   (a) For the purpose of exploiting, Harming or attempting to exploit or Harm minors in
+       any way;
+   (b) To generate or disseminate false information with the purpose of Harming others;
+   (c) To generate or disseminate personal identifiable information that can be used to
+       Harm an individual;
+   (d) To defame, disparage or otherwise harass others;
+   (e) For any use intended to or which has the effect of Harming individuals or groups
+       based on online or offline social behavior or known or predicted personal or
+       personality characteristics.
+   (f) 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 belonging to that group in a manner that causes
+       or is likely to cause that person or another person Harm
+   (g) For any use intended to or which has the effect of discriminating against
+       individuals or groups based on legally protected characteristics or categories.
+
 3. Transparency
-    (a) To generate or disseminate machine-generated information or content in any
-        medium without expressly and intelligibly disclaiming that it is
-        machine-generated;
-    (b) To impersonate or attempt to impersonate human beings for purposes of deception;
-    (c) For fully automated decision making that adversely impacts an individual’s legal
-        rights or otherwise creates or modifies a binding, enforceable obligation.
+   (a) To generate or disseminate machine-generated information or content in any medium
+       without expressly and intelligibly disclaiming that it is machine-generated;
+   (b) To impersonate or attempt to impersonate human beings for purposes of deception;
+   (c) For fully automated decision making that adversely impacts an individual’s legal
+       rights or otherwise creates or modifies a binding, enforceable obligation.