| OlmoEarth Artifact License | |
| 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. | |
| 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"): | |
| - 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"). | |
| 1. Use Rights | |
| Subject to the terms in Section 2 and 3 below, you may: | |
| (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. | |
| 2. Use Restrictions | |
| 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: | |
| (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. | |
| 3. Distribution | |
| In any distribution of the Artifacts or Derivatives: | |
| (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. | |
| 4. Termination | |
| This Agreement will automatically terminate with immediate effect and without notice to | |
| you in the following circumstances: | |
| (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. | |
| 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. | |
| 5. Rights Not Covered | |
| 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. | |
| 6. Disclaimer and Limitation of Liability | |
| (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. | |
| (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. | |
| (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. | |
| 7. Other Agreements | |
| 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. | |
| 8. Miscellaneous | |
| 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. | |