Emmi AI Non-Production License (ENPL)

At Emmi AI, we are committed to empowering engineers worldwide to create cutting-edge AI applications using our
independent and open technology. We believe that openness accelerates innovation and enables the engineering community
to push the boundaries of what's possible with AI. The Noether Framework represents our contribution to making AI more
accessible for physics and engineering applications. We've seen incredible innovations from our community, and we want
to continue supporting researchers and developers in creating the next generation of engineering AI.
This license strikes the right balance between our commitment to openness principles and our responsibility to grow our
business. We've adapted Mistral AI's Non-Production License (MNPL) as the foundation for this framework-specific
license.

Thank you to the Mistral AI team for pioneering this approach to sustainable open AI development.

1. Scope and Acceptance
    1.1. Scope of the Agreement.
        This Agreement applies to any use, modification, or Distribution of the Noether Framework by You, regardless
        of the source You obtained a copy of such Software.
    1.2. Acceptance.
        By accessing, using, running, executing, modifying, Distributing the Software, or by creating, using or
        distributing a Derivative of the Software, You agree to be bound by this Agreement.
    1.3. Acceptance on behalf of a third-party.
        If You accept this Agreement on behalf of Your employer or another person or entity, You warrant and represent
        that You have the authority to act and accept this Agreement on their behalf. In such a case, the word "You"
        in this Agreement will refer to Your employer or such other person or entity.

2. License
    2.1. Grant of rights.
        Subject to Section 3 below, Emmi AI hereby grants You a non-exclusive, royalty-free, worldwide,
        non-sublicensable, non-transferable, limited license to:
            - Run, execute, and operate the Software
            - Use the Software to train, fine-tune, and create Machine Learning Models
            - Copy and modify the Software
            - Distribute copies of the Software and Derivatives made by or for Emmi AI under the conditions provided
              in Section 2.2 below
            - Create Derivatives of the Software
    2.2. Distribution of Software and Derivatives made by or for Emmi AI.
        Subject to Section 3 below, You may Distribute copies of the Software and/or Derivatives made by or for Emmi AI,
        under the following conditions:
            - You must make available a copy of this Agreement to third-party recipients of the Software and/or
            Derivatives made by or for Emmi AI you Distribute, it being specified that any rights to use the Software
            and/or Derivatives made by or for Emmi AI shall be directly granted by Emmi AI to said third-party
            recipients pursuant to the Emmi AI Non-Production License agreement executed between these parties;
            - You must retain in all copies of the Software the following attribution notice within a "Notice" text
            file distributed as part of such copies:
            "Licensed by Emmi AI under the Emmi AI Non-Production License (ENPL)".
    2.3. Distribution of Derivatives made by or for You.
        Subject to Section 3 below, You may Distribute any Derivatives made by or for You under additional or different
        terms and conditions, provided that:
            - In any event, the use and modification of the Software and/or Derivatives made by or for Emmi AI shall
            remain governed by the terms and conditions of this Agreement;
            - You include in any such Derivatives made by or for You prominent notices stating that You modified
            the concerned Software;
            - Any terms and conditions You impose on any third-party recipients relating to Derivatives made by or
            for You shall neither limit such third-party recipients' use of the Software or any Derivatives made by or
            for Emmi AI in accordance with the Emmi AI Non-Production License nor conflict with any of its terms and
            conditions.

3. Limitations
    3.1. Misrepresentation
        - You must not misrepresent or imply, through any means, that the Derivatives made by or for You and/or any
        modified version of the Software You Distribute under your name and responsibility is an official product of
        Emmi AI or has been endorsed, approved or validated by Emmi AI, unless You are authorized by Us to do so in
        writing.
    3.2. Usage Limitation
        - You shall only use the Software and Derivatives (whether or not created by Emmi AI) for testing, research,
        Personal, or evaluation purposes in Non-Production Environments;
        - You shall only use Model Outputs created using the Software for testing, research, Personal, or evaluation
        purposes in Non-Production Environments;
        - Subject to the foregoing, You shall not supply the Software, Derivatives, or Model Outputs in the course
        of a commercial activity, whether in return for payment or free of charge, in any medium or form, including
        but not limited to through a hosted or managed service (e.g. SaaS, cloud instances, etc.), or behind a software
        layer.
    3.3. Usage not permitted under this Agreement.
        If You want to use the Software, a Derivative, or Model Outputs for any purpose that is not expressly
        authorized under this Agreement, You must request a license from Emmi AI, which Emmi AI may grant to You in
        Emmi AI's sole discretion.

        Please contact Emmi AI at the following e-mail address if You want to discuss such a license:
        partner@emmi.ai

4. Intellectual Property
    4.1. Trademarks
        No trademark licenses are granted under this Agreement, and in connection with the Software, You may not use
        any name or mark owned by or associated with Emmi AI or any of its affiliates, except (i) as required for
        reasonable and customary use in describing and Distributing the Software and Derivatives made by or for
        Emmi AI and (ii) for attribution purposes as required by this Agreement.
    4.2. Model Outputs
        We claim no ownership rights in and to the Model Outputs. You are solely responsible for the Model Outputs
        You generate and their subsequent uses in accordance with this Agreement. Model Outputs remain subject to
        the non-commercial usage restrictions set forth in Section 3.2 of this Agreement.
    4.3. Derivatives
        By entering into this Agreement, You accept that any Derivatives that You may create or that may be created for
        You shall be subject to the restrictions set out in Section 3 of this Agreement.

5. Liability
    5.1. Limitation of liability.
        In no event, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to
        in writing, shall Emmi AI be liable to You for damages, including any direct, indirect, special, incidental, or
        consequential damages of any character arising as a result of this Agreement or out of the use or inability
        to use the Software, Derivatives, or Model Outputs (including but not limited to damages for loss of data,
        loss of goodwill, loss of expected profit or savings, work stoppage, computer failure or malfunction, or
        any damage caused by malware or security breaches), even if Emmi AI has been advised of the possibility of such
        damages.
    5.2. Indemnification.
        You agree to indemnify and hold harmless Emmi AI from and against any claims, damages, or losses arising out of
        or related to Your use or Distribution of the Software, Derivatives, or Model Outputs.

6. Warranty
    6.1. Disclaimer.
        Unless required by applicable law or agreed to in writing, Emmi AI provides the Software, Derivatives, and
        Model Outputs 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. Emmi AI does not represent nor warrant that the Software, Derivatives, or
        Model Outputs will be error-free, meet Your or any third party's requirements, be secure or will allow You or
        any third party to achieve any kind of result or generate any kind of content. You are solely responsible for
        determining the appropriateness of using or Distributing the Software, Derivatives, and Model Outputs and
        assume any risks associated with Your exercise of rights under this Agreement.

7. Termination
    7.1. Term.
        This Agreement is effective as of the date of your acceptance of this Agreement or access to the concerned
        Software or Derivatives and will continue until terminated in accordance with the following terms.
    7.2. Termination.
        Emmi AI may terminate this Agreement at any time if You are in breach of this Agreement. Upon termination of
        this Agreement, You must cease to use all Software, Derivatives, and Model Outputs and shall permanently delete
        any copy thereof. Sections 5, 6, 7 and 8 shall survive the termination of this Agreement.
    7.3. Litigation.
        If You initiate any legal action or proceedings against Us or any other entity (including a cross-claim or
        counterclaim in a lawsuit), alleging that the Software, a Derivative, Model Outputs, or any part thereof,
        infringe upon intellectual property or other rights owned or licensable by You, then any licenses granted to
        You under this Agreement will immediately terminate as of the date such legal action or claim is filed or
        initiated.

8. General Provisions
    8.1. Governing laws.
        This Agreement will be governed by the laws of Austria, without regard to choice of law principles, and
        the UN Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
    8.2. Competent jurisdiction.
        The courts of Austria shall have exclusive jurisdiction of any dispute arising out of this Agreement.
    8.3. Severability.
        If any provision of this Agreement 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.

9. Definitions
"Agreement": means this Emmi AI Non-Production License agreement governing the access, use, and Distribution of the
Software, Derivatives, and Model Outputs.

"Derivative": means any (i) modified version of the Software (including but not limited to any customized or fine-tuned
version thereof), (ii) work based on the Software, or (iii) any other derivative work thereof. For the avoidance of
doubt, Model Outputs are not considered as Derivatives under this Agreement.

"Distribution", "Distributing", "Distribute" or "Distributed": means providing or making available, by any means,
a copy of the Software and/or the Derivatives and/or Model Outputs as the case may be, subject to Section 3 of this
Agreement.

"Emmi AI", "We" or "Us": means Emmi AI GmbH, an Austrian company registered in Linz, Austria.

"Machine Learning Models" or "Models": means neural networks, machine learning models, or other AI models trained,
fine-tuned, or created using the Software, including all associated weights, parameters, checkpoints,
and configurations.

"Model Outputs": means Machine Learning Models and any content, predictions, or results generated by the operation
of the Software or Models, including but not limited to trained model weights, parameters, predictions, simulations,
and any other outputs produced by running or executing the Software. Model Outputs are subject to the same usage
restrictions as the Software under Section 3.2 of this Agreement.

"Non-Production Environment": means any setting, use case, or application of the Software, Derivatives, or Model
Outputs that expressly excludes live, real-world conditions, commercial operations, revenue-generating activities, or
direct interactions with or impacts on end users (such as, for instance, Your employees or customers). Non-Production
Environment may include, but is not limited to, any setting, use case, or application for research, development,
testing, quality assurance, training, internal evaluation (other than any internal usage by employees in the context
of the company's business activities), and demonstration purposes.

"Personal": means any use of the Software, a Derivative, or Model Outputs that is (i) solely for personal, non-profit
and non-commercial purposes and (ii) not directly or indirectly connected to any commercial activities, business
operations, or employment responsibilities. For illustration purposes, Personal use of the Software, a Derivative, or
Model Outputs does not include any usage by individuals employed in companies in the context of their daily tasks, any
activity that is intended to generate revenue, or that is performed on behalf of a commercial entity.

"Software" or "Noether Framework": means the Noether Framework deep learning software, and its elements which include
algorithms, software, code, libraries, tools, source code (training code, inference code, evaluation code and,
if applicable, fine-tuning code) and any other elements associated thereto made available by Emmi AI under this
Agreement, including, if any, the technical documentation, manuals and instructions for the use and operation thereof.

"You": means the individual or entity entering into this Agreement with Emmi AI.

Emmi AI GmbH
Linz, Austria
Email: partner@emmi.ai
Website: https://emmi.ai
