Preambles

This License is concluded between the Contributor and the User (hereinafter “the Parties”) and is intended to define the conditions under which the Contributor grants to the User, who accepts, the personal right, free of charge , non-transferable, non-sublicensable and non-exclusive to use, for the entire world and irrevocably, the Licensed Common as described in this License, SUBJECT TO THE PROVISIONS CONTAINED IN THE SPECIFIC TERMS. When the User accepts the terms of this License (defined below), the User agrees to be bound by the terms and conditions of this License and to execute them.

The contractual set binding the User and the Contributor under the terms of this User License consists of:

• the GTU, previously accepted by the User and the Contributor,
• this User License, and
• the Specific Terms as selected and assigned to the Licensed Common by the Contributor.

Definitions

The terms defined below shall have the following meanings between the Parties:

Attributions. “Attributions” means the specific conditions under which the rights granted by the Contributor in the License apply. The Attributions selected in the Specific Terms by the Contributor prevail over the terms of this User License.

License. “License” or “AI Commons License” means the binding Agreement concluded between the User and the Contributor, which consists of: the GTU previously accepted by the User and the Contributor when they access the Platform, this User License, and the Specific Terms as selected and assigned to the Licensed Common, attached to this User License.

Contributor. “Contributor” means the natural or legal person granting the rights and duties to the User by this License.

Commercial Uses. “Commercial Uses” means the User’s use of the Licensed Common for the purpose of obtaining a commercial advantage or financial compensation / benefits.

Common under License. “Licensed Common” means the literary or artistic work, algorithm, database, training dataset or the model on which the Contributor grants the User the present License. The nature of the Licensed Common and the different specific attributions selected by the Contributor for it are detailed in the Specific Terms.

Derivative work. “Derivative Work” means a copyrighted Work created by the User from the Licensed Common, in whole or in part, or incorporating it, without the assistance of the Contributor.

Sui generis right of databases. “Sui generis right of databases” is a right separated from copyright, derived from Directive 96/9 / EC of the European Parliament and of the Council of March 11, 1996, on the protection of databases. This sui generis right refers to the right and protection of the producer of a database on the content of the database when the constitution, verification or presentation of the database attests of a substantial financial, material or human investment.

License of the Derivative Work. “License of the Derivative Work” means the license under which the User shares a Derived Work from the Licensed Common.

Platform. “Platform” means the AI ​​Commons platform available online at https://aicommons.com/

User. “User” means the natural or legal person beneficiary of the rights and duties granted by this License.

Perimeter

The grant by the Contributor of the rights listed below is subject to compliance by the User with the terms of this License.

License

By the present License, the Contributor grants to the User, who accepts it, for the Duration defined in article 6, the personal, free, non-transferable and non-sublicensable and non-exclusive right to use, for the whole World and irrevocably (except for the exercise of the provisions of clause 6 “Term and Termination”), the Licensed Common in the following manner (subject to any limitations and exceptions applicable to the Licensed Common, in particular provided in the Specific Terms):

1. the User has the right to reproduce and share the Licensed Common,
2. the User has the right to produce, reproduce and share any Derivative Works (being specified that sharing is prohibited in the event that the Specific Terms provide for the prohibition of Derivative Works) of the Licensed Common, in its whole or in part, subject to the provisions of the Specific Terms.

3.2 Limitations and specific terms Conditions Spécifiques

This License is granted subject to any limitations and exceptions applicable to the Licensed Common, in particular provided in the Specific Terms that are an integral part of the License that binds the User and the Contributor, and may in particular provide:

1. Prohibition of Commercial Uses, and / or
2. Prohibition of Derivative Works. In any event, if the Licensed Common User reproduces and shares a Derivative Work of the Licensed Common, the Derived Work License shall not infringe the terms of this License and the use of the Licensed Common by its users.

3.3 Perimeter of the granted rights

Subject to any limitations contained in the Specific Terms, it is stated that the rights granted include, for the duration of the License defined in article 6:

(i) The Reproduction Right: the right to reproduce all or part of the Licensed Common, without limitation in number, on any known or unknown media;

(ii) The right to adapt: the right to modify all or part of the Licensed Common, to carry out corrective, adaptive and evolutionary maintenance, to make new versions or new developments, to decompile, rewrite, translate in any language, transcribe in any programming language, cover any configuration, interface with any software, database, computer product, reuse the algorithms for any purpose, integrate all or part to or in works existing or future, and in all media mentioned in this article.

(iii) The right of representation: the right to communicate to the public the Licensed Common, directly or indirectly, by any known or unknown means or network of communication, in any form, and to the general public or categories of public in particular, so that everyone can access it from the place and at the moment he chooses individually.

In any case, the User agrees not to share the Licensed Common under technical conditions or under terms that may restrict its use in relation to the conditions of this License.

3.4 Media

For all the aforementioned rights, the modes of exploitation by all are understood as the vectors, media, techniques or communication media, of any nature, known or unknown, and in particular: the direct or indirect diffusion by any electronic means, telecommunication and electronic communication, satellite or cable, television terrestrial or space, analog or digital, radio, intranet and internet networks, fixed or mobile telephone networks, any client-server technology, client-client lightweight, client-heavy, data cloud, media of any kind, paper, electronic, magnetic, optical, disk, network, floppy, DVD, CDV, CDI, CD Rom, CD Worm, computers, smartphones, digital tablets, as well reproduction on any object, material or material. The User is authorized to make the technical modifications made necessary by the media to enable him to exercise the rights of this License. The fact of making technical modifications made necessary by a medium does not give rise to the creation of a Derivative Work.

3.5 Know-how and methods.

Each Party retains ownership of the methods, know-how and intellectual property rights it held prior to this License (prior knowledge).

Where necessary, the Contributor grants to the User a free non-exclusive license on his prior knowledge, to the extent that it is necessary for the User to exercise the rights that he has acquired under the this License. The know-how acquired by the User on the occasion of this License remains with him permanently and may be freely exploited by him, even if this know-how incorporates the Contributor’s prior knowledge. In general, the Contributor is forbidden to oppose to the User his previous knowledge, in particular the patents he holds, to prevent or hinder the exercise by the User of the rights he has acquired under the this License.

3.6 Other Intellectual property rights

This License does not cover the moral rights of the Licensed Common or any patents on the Licensed Common (“other intellectual property rights”), or any related rights such as the sui generis database right.

In any case, it is agreed between the Parties that the Contributor, the owner of these other intellectual property rights, grants a right of use to the Common to allow its use under license by the User. Accordingly, the latter undertakes to exercise to the minimum extent possible these other intellectual property rights relating to the Licensed Common.

3.7 Attributions

This License is licensed by the Contributor to the User subject thereto by the terms of the License and including the Specific Terms assigned to the Common by the Contributor.

The Specific Terms applicable to this License and accepted by the User are attached to this User License.

4. Guarantee

The Contributor grants a license to the Common on an “as-is” basis and does not guarantee, therefore, the User against any malfunctions and anomalies of the Licensed Common. The Contributor declares to own or have the rights to license the Licensed Commons through the use of the AI ​​Commons Services and / or the Platform.

5. Liability

The Contributor excludes from his liability to the User under this License on any legal basis of liability whatsoever, any damage (loss or expense), whether direct or indirect, punitive or consequential, arising from the use of this License and / or the Licensed Common, whether such damage has been foreseeable or not, or that the User has been informed of the possibility of such damage in advance or not.

6. Term and termination

6.1 Term.

This License comes into force on the date of acceptance by the Parties. It is granted for the term of protection of the rights conferred on the Licensed Common by current and future laws governing intellectual property, unless otherwise provided herein and subject to the possible application of the Article Termination.

6.2 Termination.

In the event of any breach by the User of any obligation herein, the License will automatically be suspended. The User will then have a period of 30 days to repair the breach from the date on which he became aware of the breach in question. If the User terminates his breach within this period, the suspension of the License will end.

In case of breach by one of the parties to any obligation of the present not repaired within the 30 days from the information of the breach in question, the License will be automatically terminated, without prejudice to all damages and interests to which it could claim under these presents.

If the Contributor licenses the Licensed Common under other terms and conditions in parallel with this License or ceases to make available the Licensed Common does not result in the termination of this License.

7. General provisions

7.1 Force majeure.

Cases of force majeure will suspend the performance of the License. If the impediment is final, the License is automatically resolved and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code. Expressly, are regarded as case of force majeure or fortuitous cases those usually retained by the jurisprudence of the French courts and tribunals.

7.2 Legal authorizations.

The Parties undertake to dispose of all the legal and administrative authorizations necessary for the execution of these terms. The Parties undertake to collaborate for the realization of new legal and administrative authorizations and for any modifications of authorizations already carried out.

7.3 Waiver.

The parties mutually agree that the fact for one of the Parties tolerates a situation does not have the effect of granting the other party acquired rights. Moreover, such a tolerance cannot be interpreted as a waiver of the rights in question.

7.4 Sincerity.

The parties declare these commitments sincere. As such, they declare that they have no information to their knowledge which, if communicated, would have changed the consent of the other party.

7.5 Relationship of the parties.

The parties acknowledge that they act as independent parties to each other and expressly declare that they are and will remain, for the duration of this agreement, independent business and professional partners. This License does not constitute an association, a franchise, or a mandate given by one of the parties to the other party and can in no way be interpreted as a commercial agency contract, or any representation whatsoever. Neither party can make a commitment on behalf of the other party. In addition, each party remains solely responsible for its actions, claims, commitments, benefits, products and personnel.

7.6 Titles.

In case of difficulties of interpretation resulting from a contradiction between any of the titles appearing at the beginning of the clauses and any of the clauses, the titles will be declared non-existent.

7.7 Nullity.

If one or more stipulations of this License are held invalid or declared as such pursuant to a law, regulation or following a decision of a competent jurisdiction, the other stipulations will retain all their strength and reach.

7.8 Integrality.

This License cancels and replaces all quasi-contracts, implicit and explicit commitments, promises having the same purpose as hereof. However, this clause is not intended to prevent the use of such documents but to assess the legal quality of the consents exchanged during the formation hereof.

7.9 Survival

Sections 1, 2, 4, 5, 6, and 7 will survive the termination or expiration of this License.

7.10 Assignment

Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party’s prior written consent will not be able to be the object of a total or partial cession, in payment or free of charge, by one of the parties, without the prior written agreement of the other Party.

Without prejudice to the above, the transfer in the context of a restructuring, merger or acquisition is authorized.

7.11 Communication between the Parties.

For the execution of this License and unless otherwise provided, the Parties agree to address all correspondence to the addresses (postal and / or electronic) provided by the User and the Contributor in the Specific Conditions. Any change of address shall be reported to the other Party.