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InstaDeep Open Model Licence |
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Version 1.0, April 2025 |
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Please read this Open Model Licence (the “Licence”) carefully before using |
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the Licenced Models (as defined below), which are offered by InstaDeep Ltd, |
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registered in England and Wales under company number 09816291(“InstaDeep”). |
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References to “You” and “Your” in this Licence means the individual entering |
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into this Licence or the organisation or entity on whose behalf such |
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individual is entering into this Licence. |
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By using and/or accessing the Licenced Models in any manner, You agree that |
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You have read and agree to be bound by the terms of this Licence. If You are |
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using and/or accessing the Licenced Models on behalf of an organisation or |
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entity, You represent and warrant that You are authorised to enter into this |
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Licence on that organisation or entity’s behalf and bind them to the terms |
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of this Licence. |
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TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION |
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1. Definitions. |
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“Commercial Entity” means any entity involved in any activity aimed at |
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or intended for commercial advantage or monetary compensation, |
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including, but not limited to, the development of a product or |
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service intended to be sold or made available for a fee. For the |
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purpose of this Licence, the term ‘Commercial Entity’ explicitly |
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excludes non-profit organisations, education and research institutes |
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and governmental bodies. |
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“Commercial Purpose” means any use of the Licenced Models or Outputs |
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for or on behalf of a Commercial Entity, aimed at or intended to |
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achieve commercial advantage, financial compensation, or to support |
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the development of any product or service that will be sold or made |
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available for a fee. |
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“Derivative Work” means any work, whether in source or object form, |
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that is based on, or derived from, the Licenced Models and for which |
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the editorial revisions, annotations, elaborations, or other |
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modifications represent, as a whole, an original work of authorship. |
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“Free Server” refers to a server or cloud-based platform that provides |
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free use and/or access to the Licenced Models for use by the public, |
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solely intended for Non-Commercial Purposes. |
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“Licenced Models” means the InstaDeep Licenced Models made available |
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to You pursuant to this Licence. |
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“Non-Commercial Entity” means any education and research institutes, |
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non-profit organisations, and governmental bodies that are not |
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engaged in: (a) use of the Licenced Models or Outputs for a |
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Commercial Purpose; or (b) the provision of Outputs as a service. |
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“Non-Commercial Purpose” means any use of the Licenced Models or |
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Outputs for or on behalf of a Non-Commercial Entity and uses not |
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intended for or directed toward commercial advantage, financial |
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compensation, or to support the development of any product or |
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service to be sold or made available for a fee. For the avoidance |
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of doubt, the provision of Outputs as a service is not a |
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Non-Commercial Purpose. |
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“Output” means any output that is elicited directly or indirectly by, |
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or otherwise made available to You in connection with Your use of the |
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Licenced Models. |
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“Platform” refers to any InstaDeep service, third-party service or |
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marketplace that provides paid use and/or access to the Licenced |
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Models. |
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2. Licence Grant. |
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Subject to the terms and conditions of this Licence, if You access |
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the Licenced Models through a Free Server and/or for Non-Commercial |
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Purposes, InstaDeep grants You a worldwide, royalty-free, |
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non-sublicensable, non-exclusive, irrevocable licence to: |
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(a) access, use, and reproduce the Licenced Models, in whole or in |
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part, solely for Non-Commercial Purposes; and |
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(b) publish, share and adapt Output generated by the Licensed Model, |
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in whole or in part, solely for Non-Commercial Purposes. |
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For the avoidance of doubt, access to and use of the Licensed Models |
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for Commercial Purposes is subject to a separate licence. Please |
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contact [email protected] for further information. |
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3. Use Restrictions. |
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You may not: |
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(a) Use the Licenced Models, Output or Derivative Work for any |
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Commercial Purpose, unless agreed by Us under a separate licence; |
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(b) Licence, sublicense, or resell access to, or copies of, the |
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Licenced Models or Output; |
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(c) Use or provide access to any Output for the purpose of, training, |
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improving, or otherwise influencing the functionality or |
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performance of any third-party derivative model that is commercial |
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or intended for a Commercial Purpose and is similar to the |
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Licenced Models; |
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(d) create models distilled or derived from the Outputs of the |
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Licenced Models, unless such models are for Non-Commercial |
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Purposes and open-sourced under the same license as the Licenced |
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Models; |
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(e) Use the Licenced Models and Output in any way that enables or |
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allows others to use the Licence to deceive, misrepresent, or |
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mislead, including providing false or misleading information about |
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Your access to or use of the Licenced Models or Output; |
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(f) Engage in, promote, or facilitate any illegal harmful, or |
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malicious activities, including generating or distributing content, |
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such as Output, that infringes, misappropriates, or violates the |
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rights of any individual or entity (including, but not limited to |
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copyright), or that violates any applicable laws or regulations. |
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4. Ownership and Intellectual Property. |
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As between You and Us, and to the extent permitted by applicable law, |
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the Licenced Models and any Outputs remain the exclusive property of |
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InstaDeep. Subject to the terms of this Licence, You are granted a |
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non-exclusive licence to publish, share, and adapt Output generated by |
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the Licensed Models, solely for Non-Commercial Purposes. |
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5. Term and Termination. |
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The term of this Licence will commence upon Your acceptance of this |
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Licence or access to the Licenced Models and will continue in full |
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force and effect until terminated in accordance with Clause 5. We may |
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permanently remove Your access to the Licenced Models and terminate |
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this Licence immediately if You breach any of the terms of this Licence |
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or We reasonably suspect that You are acting in breach of this Licence. |
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You may terminate Your license to, and use of the Licenced Models, as |
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well as this Licence, at any time. Upon termination of this Licence, |
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You shall delete and cease use of the Licenced Models. All provisions |
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of this Licence by which their nature should survive termination shall |
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survive termination, including, without limitation, ownership |
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provisions, warranty disclaimers and limitations of liability. |
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6. Disclaimer of Warranties and Limitation of Liability. |
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UNLESS OTHERWISE SEPARATELY UNDERTAKEN BY INSTADEEP, TO THE EXTENT |
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POSSIBLE, INSTADEEP OFFERS THE LICENCED MODELS AS-IS AND AS-AVAILABLE, |
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AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE |
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LICENCED MODELS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHER. THIS |
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INCLUDES, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, |
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FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ABSENCE OF LATENT |
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OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, |
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WHETHER OR NOT KNOWN OR DISCOVERABLE. WHERE DISCLAIMERS OF WARRANTIES |
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ARE NOT ALLOWED IN FULL OR IN PART, THIS DISCLAIMER MAY NOT APPLY TO |
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YOU. |
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TO THE EXTENT POSSIBLE, IN NO EVENT WILL THE LICENSOR BE LIABLE TO YOU |
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ON ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR |
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OTHERWISE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, |
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PUNITIVE, EXEMPLARY, OR OTHER LOSSES, COSTS, EXPENSES, OR DAMAGES |
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ARISING OUT OF THIS LICENCE OR USE OF THE LICENSED MODELS, EVEN IF |
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INSTADEEP HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, COSTS, |
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EXPENSES, OR DAMAGES. WHERE A LIMITATION OF LIABILITY IS NOT ALLOWED |
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IN FULL OR IN PART, THIS LIMITATION MAY NOT APPLY TO YOU. |
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This disclaimer of warranties and limitation of liability provided |
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above shall be interpreted in a manner that, to the extent possible, |
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most closely approximates an absolute disclaimer and waiver of all |
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liability. |
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7. Governing Law. |
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This Licence is made under the laws of England and Wales and the |
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exclusive jurisdiction of the courts of England and Wales in respect |
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of any dispute or claim arising out of or relating to this Licence or |
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its subject matter or formation. |
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