Licens

licensed material (including DATA) - License to use

The Licensed Material (as defined below) is made available to You by Open Data DK, Hack Kampmanns Plads 2, 8000 Aarhus C, 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:
    1. 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
    2. 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.

NOW THEREFORE, You and Licensor agree as follows:

1. Definitions 

  1. "Adapted Material" means material (including Models) derived from or based upon the Licensed Material. 
  2. "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. 
  3. "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. 
  4. "Harm" includes but is not limited to physical, mental, psychological, financial and reputational damage, pain, or loss
  5. "License" means the terms and conditions for use, reproduction, and Distribution as defined in this document, including the additions and amendments stated above.
  6. "Licensed Material" means the artistic or literary work, database, or other material to which the Licensor applied this License.
  7. "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.
  8. "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.
  9. "Output" means the results of operating a Model as embodied in informational content resulting therefrom.
  10. "Third Parties" means individuals or legal entities that are not under common control with Licensor or You.
  11. "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.

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.

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, royalty-free, irrevocable copyright license to reproduce, prepare, publicly display, publicly perform, sublicense, and distribute the Licensed Material or the Adapted Material.

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, provided that You meet the following conditions:

  1.  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. 
  2. You must give any Third Party recipients of the Licensed Material or the Adapted Material a copy of this License; 
  3. You must cause any modified files to carry prominent notices stating that You changed the files; 
  4. 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 3.1 - 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. 

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, 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 Licensed Material or the Adapted Material in any of the following ways:

  1. Legal: 
    1.  In any way that violates any applicable national, federal, state, local or international law or regulation.
  2. Harm and Discrimination
    1. For the purpose of exploiting, Harming or attempting to exploit or Harm minors in any way;
    2. To generate or disseminate false information with the purpose of Harming others;
    3. To generate or disseminate personal identifiable information that can be used to Harm an individual;
    4. To defame, disparage or otherwise harass others;
    5. 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
    6. 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
    7. 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
    1. To generate or disseminate machine-generated information or content in any medium  without expressly and intelligibly disclaiming that it is machine-generated;
    2. To impersonate or attempt to impersonate human beings for purposes of deception;
    3. For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation.