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| 1 | +AIXCODER-7B MODEL LICENSE AGREEMENT |
| 2 | + |
| 3 | +aiXcoder-7B Version Release Date: 2024 |
| 4 | + |
| 5 | +"Agreement" means the terms and conditions for use, reproduction, distribution and |
| 6 | +modification of the aiXcoder Materials set forth herein. |
| 7 | + |
| 8 | +"Documentation" means the specifications, manuals and documentation |
| 9 | +accompanying aiXcoder-7B distributed by aiXcoder at |
| 10 | +https://huggingface.co/aiXcoder/aixcoder-7b-base. |
| 11 | + |
| 12 | +"Licensee" or "you" means you, or your employer or any other person or entity (if |
| 13 | +you are entering into this Agreement on such person or entity's behalf), of the age |
| 14 | +required under applicable laws, rules or regulations to provide legal consent and that |
| 15 | +has legal authority to bind your employer or such other person or entity if you are |
| 16 | +entering in this Agreement on their behalf. |
| 17 | + |
| 18 | +"aiXcoder-7B" means the foundational large language models and software and |
| 19 | +algorithms, including machine-learning model code, trained model weights, |
| 20 | +inference-enabling code, training-enabling code, fine-tuning enabling code and other |
| 21 | +elements of the foregoing distributed by aiXcoder at |
| 22 | +https://huggingface.co/aiXcoder/aixcoder-7b-base. |
| 23 | + |
| 24 | +"aiXcoder Materials" means, collectively, aiXcoder's proprietary aiXcoder-7B and |
| 25 | +Documentation (and any portion thereof) made available under this Agreement. |
| 26 | + |
| 27 | +"aiXcoder" or "we" means aiXcoder and its affiliates. |
| 28 | + |
| 29 | +By using or distributing any portion or element of the aiXcoder Materials, |
| 30 | +you agree to be bound by this Agreement. |
| 31 | + |
| 32 | +1. License Rights and Redistribution. |
| 33 | + |
| 34 | + a. Grant of Rights for Academic Research Use. You are granted a non-exclusive, |
| 35 | +worldwide, non-transferable and royalty-free limited license under aiXcoder's |
| 36 | +intellectual property or other rights owned by aiXcoder embodied in the aiXcoder |
| 37 | +Materials to use, reproduce, distribute, copy, create derivative works of, and make |
| 38 | +modifications to the aiXcoder Materials solely for academic research purposes. |
| 39 | + |
| 40 | + b. Commercial Use. For commercial use of the aiXcoder Materials, you must |
| 41 | +apply for a commercial license by sending an email to [email protected]. |
| 42 | +Commercial use without explicit written permission from aiXcoder is prohibited. |
| 43 | + |
| 44 | + c. Redistribution and Use. |
| 45 | + |
| 46 | + i. If you distribute or make the aiXcoder Materials, or any derivative works |
| 47 | +thereof, available to a third party, you shall provide a copy of this Agreement to such |
| 48 | +third party. |
| 49 | + |
| 50 | + ii. You must retain in all copies of the aiXcoder Materials that you |
| 51 | +distribute the following attribution notice within a "Notice" text file distributed as a |
| 52 | +part of such copies: "aiXcoder-7B is licensed under the aiXcoder Model License, |
| 53 | +Copyright (c) aiXcoder. All Rights Reserved." |
| 54 | + |
| 55 | + iii. Your use of the aiXcoder Materials must comply with applicable laws |
| 56 | +and regulations (including trade compliance laws and regulations). |
| 57 | + |
| 58 | + iv. You will not use the aiXcoder Materials or any output or results of the |
| 59 | +aiXcoder Materials to improve any other large language model (excluding aiXcoder-7B |
| 60 | +or derivative works thereof) without explicit permission. |
| 61 | + |
| 62 | +2. Restrictions. |
| 63 | + |
| 64 | +You will not, and will not permit, assist or cause any third party to: |
| 65 | + |
| 66 | + a. use, modify, copy, reproduce, create derivative works of, or distribute the |
| 67 | +aiXcoder Materials (or any derivative works thereof, works incorporating the aiXcoder |
| 68 | +Materials, or any data produced by the Software), in whole or in part, for (i) any |
| 69 | +commercial or production purposes without proper license, (ii) military purposes or in |
| 70 | +the service of nuclear technology, (iii) purposes of surveillance, including any research |
| 71 | +or development relating to surveillance, (iv) biometric processing without proper consent, |
| 72 | +(v) in any manner that infringes, misappropriates, or otherwise violates any third-party |
| 73 | +rights, or (vi) in any manner that violates any applicable law; |
| 74 | + |
| 75 | + b. alter or remove copyright and other proprietary notices which appear on or in |
| 76 | +the aiXcoder Materials; |
| 77 | + |
| 78 | + c. utilize any equipment, device, software, or other means to circumvent or remove |
| 79 | +any security or protection used by aiXcoder in connection with the Software, or to |
| 80 | +circumvent or remove any usage restrictions, or to enable functionality disabled by |
| 81 | +aiXcoder. |
| 82 | + |
| 83 | +3. Disclaimer of Warranty. UNLESS REQUIRED BY APPLICABLE LAW, THE |
| 84 | +AIXCODER MATERIALS AND ANY OUTPUT AND RESULTS THEREFROM ARE |
| 85 | +PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, |
| 86 | +EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY |
| 87 | +WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR |
| 88 | +FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE |
| 89 | +FOR DETERMINING THE APPROPRIATENESS OF USING OR REDISTRIBUTING |
| 90 | +THE AIXCODER MATERIALS AND ASSUME ANY RISKS ASSOCIATED WITH YOUR |
| 91 | +USE OF THE AIXCODER MATERIALS AND ANY OUTPUT AND RESULTS. |
| 92 | + |
| 93 | +4. Limitation of Liability. IN NO EVENT WILL AIXCODER OR ITS AFFILIATES BE |
| 94 | +LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, |
| 95 | +NEGLIGENCE, PRODUCTS LIABILITY, OR OTHERWISE, ARISING OUT OF THIS |
| 96 | +AGREEMENT, FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL, |
| 97 | +CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN |
| 98 | +IF AIXCODER OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF |
| 99 | +ANY OF THE FOREGOING. |
| 100 | + |
| 101 | +5. Intellectual Property. |
| 102 | + |
| 103 | + a. No trademark licenses are granted under this Agreement, and in |
| 104 | +connection with the aiXcoder Materials, neither aiXcoder nor Licensee may use any name |
| 105 | +or mark owned by or associated with the other or any of its affiliates, except as |
| 106 | +required for reasonable and customary use in describing and redistributing the |
| 107 | +aiXcoder Materials. |
| 108 | + |
| 109 | + b. Subject to aiXcoder's ownership of aiXcoder Materials and derivatives made by or |
| 110 | +for aiXcoder, with respect to any derivative works and modifications of the aiXcoder |
| 111 | +Materials that are made by you, as between you and aiXcoder, you are and will be the |
| 112 | +owner of such derivative works and modifications. |
| 113 | + |
| 114 | + c. If you institute litigation or other proceedings against aiXcoder or any entity |
| 115 | +(including a cross-claim or counterclaim in a lawsuit) alleging that the aiXcoder |
| 116 | +Materials or aiXcoder-7B outputs or results, or any portion of any of the foregoing, |
| 117 | +constitutes infringement of intellectual property or other rights owned or licensable |
| 118 | +by you, then any licenses granted to you under this Agreement shall terminate as of |
| 119 | +the date such litigation or claim is filed or instituted. You will indemnify and hold |
| 120 | +harmless aiXcoder from and against any claim by any third party arising out of or related |
| 121 | +to your use or distribution of the aiXcoder Materials. |
| 122 | + |
| 123 | +6. Term and Termination. The term of this Agreement will commence upon your |
| 124 | +acceptance of this Agreement or access to the aiXcoder Materials and will continue in |
| 125 | +full force and effect until terminated in accordance with the terms and conditions |
| 126 | +herein. aiXcoder may terminate this Agreement if you are in breach of any term or |
| 127 | +condition of this Agreement. Upon termination of this Agreement, you shall delete |
| 128 | +and cease use of the aiXcoder Materials. Sections 3, 4, 5 and 7 shall survive the |
| 129 | +termination of this Agreement. |
| 130 | + |
| 131 | +7. Governing Law and Jurisdiction. This Agreement will be governed and |
| 132 | +construed under the laws of the People's Republic of China without regard to choice of |
| 133 | +law principles. The courts of China shall have jurisdiction of any dispute arising out of |
| 134 | +this Agreement. |
| 135 | + |
| 136 | +8. Contact Information. For commercial licensing inquiries or any questions regarding |
| 137 | +this Agreement, please contact: [email protected] |
| 138 | + |
| 139 | +9. Acknowledgments. We would like to thank all contributors to the open-source |
| 140 | +projects and datasets that made this work possible. |
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