Instella-3B [RESEARCH-ONLY RAIL-MS]

Licensed Artifact(s):

-   Model

-   Source Code

Section I: PREAMBLE

BY ACCESSING, DOWNLOADING, INSTALLING, OR USING THE ARTIFACT, YOU AGREE
TO BE BOUND BY THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND
CONDITIONS OF THIS LICENSE, DO NOT ACCESS, DOWNLOAD, INSTALL, OR USE THE
ARTIFACT.

1. Definitions

(a) “Application” refers to a sequence of instructions or statements
    written in machine code language, including object code (that is the
    product of a compiler), binary code (data using a two-symbol system)
    or an intermediate language (such as register transfer language).

(b) “Artifact” refers to a software application (in either binary or
    source code format), Model, and/or Source Code, in accordance with
    what is specified above as the “Licensed Artifact”.

(c) “Contribution” means any work, including any modifications or
    additions to an Artifact, that is intentionally submitted to
    Licensor for inclusion or incorporation in the Artifact directly or
    indirectly by the rights owner. For the purposes of this definition,
    “submitted” means any form of electronic, verbal, or written
    communication sent to the Licensor or its representatives, including
    but not limited to communication on electronic mailing lists, source
    code control systems, and issue tracking systems that are managed
    by, or on behalf of, the Licensor for the purpose of discussing,
    sharing and improving the Artifact, but excluding communication that
    is conspicuously marked or otherwise designated in writing by the
    contributor as “Not a Contribution.”

(d) “Contributor” means Licensor or any other individual or legal entity
    that creates or owns a Contribution that is added to or incorporated
    into an Artifact or its Derivative.

(e) “Data” means a collection of information and/or content extracted
    from the dataset used with a given Model, including to train,
    pretrain, or otherwise evaluate the Model. The Data is not licensed
    under this License.

(f) “Derivative” means a work derived from or based upon an Artifact,
    and includes all modified versions of such Artifact.

(g) “Distribution” means any transmission, reproduction, publication or
    other sharing of an Artifact or Derivative to a Third Party,
    including providing a hosted service incorporating the Artifact,
    which is made available by electronic or other remote means -
    e.g. API-based or web access.

(h) “Harm” includes but is not limited to physical, mental,
    psychological, financial and reputational damage, pain, or loss.

(i) “License” means the terms and conditions for use, reproduction, and
    Distribution as defined in this document.

(j) “Licensor” means the rights owner (by virtue of creation or
    documented transfer of ownership) or entity authorized by the rights
    owner (e.g., exclusive licensee) that is granting the rights in this
    License.

(k) “Model” means any machine-learning based assembly or assemblies
    (including checkpoints), consisting of learnt weights, parameters
    (including optimizer states), corresponding to the model
    architecture as embodied in the Source Code.

(l) “Output” means the results of operating a Model as embodied in
    informational content resulting therefrom.

(m) “Permitted Purpose” means for academic or research purposes only.

(n) “Source Code” means any collection of text written using
    human-readable programming language, including the code and scripts
    used to define, run, load, benchmark or evaluate a Model or any
    component thereof, and/or used to prepare data for training or
    evaluation, if any. Source Code includes any accompanying
    documentation, tutorials, examples, etc, if any. For clarity, the
    term “Source Code” as used in this License includes any and all
    Derivatives of such Source Code.

(o) “Third Parties” means individuals or legal entities that are not
    under common control with Licensor or You.

(p) “Use” includes accessing, using, copying, modifying, and/or
    distributing an Artifact; in connection with a Model as Artifact,
    Use also includes creating content, fine-tuning, updating, running,
    training, evaluating and/or re-parametrizing such Model.

(q) “You” (or “Your”) means an individual or legal entity receiving and
    exercising permissions granted by this License and/or making use of
    the Artifact for permitted purposes and in any permitted field of
    use, including usage of the Artifact in an end-use application -
    e.g. chatbot, translator, image generator, etc.

Section II: INTELLECTUAL PROPERTY RIGHTS

Both copyright and patent grants may apply to the Artifact. The Artifact
is subject to additional terms and conditions as described in Section III
below. 

2. Grant of Copyright License. Conditioned upon compliance with Section
III below and subject to the terms and conditions of this License, each
Contributor hereby grants to You, only in connection with the Permitted
Purpose, a worldwide, non-exclusive, royalty-free copyright license to
reproduce, use, publicly display, publicly perform, sublicense, and
distribute the Artifact and Derivatives thereof.

3. Grant of Patent License. Conditioned upon compliance with Section III
below and subject to the terms and conditions of this License, and only
where and as applicable, each Contributor hereby grants to You, only in
connection with the Permitted Purpose, a worldwide, non-exclusive,
royalty-free, irrevocable (except as stated in this paragraph) patent
license to make, have made, use, sell, offer to sell, import, and
otherwise transfer the Artifact where such license applies only to those
patent claims licensable by such Contributor that are necessarily
infringed by their Contribution(s) alone or by combination of their
Contribution(s) with the Artifact to which such Contribution(s) was
submitted. If You institute patent litigation against any entity
(including a cross-claim or counterclaim in a lawsuit) alleging that the
Artifact and/or a Contribution incorporated within the Artifact
constitutes direct or contributory patent infringement, then any patent
licenses granted to You under this License in connection with the
Artifact shall terminate as of the date such litigation is asserted or
filed.

Licensor and Contributor each have the right to grant the licenses
above.

Section III: CONDITIONS OF USAGE, DISTRIBUTION AND REDISTRIBUTION

4. Use-based Restrictions. The restrictions contained in the AMD
Responsible AI Use Policy set forth in Attachment A are mandatory Use-
based restrictions. Therefore You may not Use the Artifact in violation
of such restrictions. You may Use the Artifact only subject to this
License; if Section II is held unenforceable or inapplicable, this
Section III will continue to govern any use of the Artifact. You shall
require all of Your users who Use the Artifact or its Derivative
to comply with the terms and conditions of this License, including
those contained in this paragraph, and only for the Permitted Purpose.

5. The Output You Generate with a Model (as Artifact). Except as set
forth herein, Licensor claims no rights in the Output You generate. You
are accountable for the Output You generate and its subsequent uses. No
use of the Output may contravene any provision as stated in this
License.

6. Distribution and Redistribution. You may host for Third Party remote
access purposes (e.g. software-as-a-service), reproduce and distribute
copies of the Artifact or its Derivatives in any medium, with or without
modifications, provided that You meet the following conditions:

6.1.  Use-based restrictions in paragraph 4 MUST be included as a
      condition precedent to effect any type of legal agreement (e.g. a
      license) governing the use and/or distribution of the Artifact or
      its Derivatives, and You shall give such notice to any subsequent
      Third Party recipients;
6.2.  You shall give any Third Party recipients of the Artifact or its
      Derivatives a copy of this License;
6.3.  You shall cause any modified files to carry prominent notices
      stating that You changed the files;
6.4.  You shall retain all copyright, patent, trademark, and attribution
      notices excluding those notices that do not pertain to any part of
      the Artifact or its Derivatives.
6.5.  You and any Third Party recipients of the Artifact or its
      Derivative shall adhere to the Permitted Purpose.

You may add Your own copyright statement to Your modifications and may
provide additional or different license terms and conditions with
respect to paragraph 6.1., to govern the use, reproduction, or
Distribution of Your modifications, or for any Derivative, provided that
Your use, reproduction, and Distribution of the Artifact or its
Derivative otherwise complies with the conditions stated in this
License. In other words, the Use-based restrictions in Attachment A form
the minimum set of terms for You to license to Third Parties any
Artifact or its Derivative, but You may add more restrictive terms if
You deem it necessary.

Section IV: OTHER PROVISIONS

7. Updates and Runtime Restrictions. To the maximum extent permitted by
law, Licensor reserves the right to restrict (remotely or otherwise)
usage of the Artifact in violation of this License or update the
Artifact through electronic means.

8. Trademarks and Related. Nothing in this License permits You to make
use of Licensors’ trademarks, trade names, logos or to otherwise suggest
endorsement or misrepresent the relationship between the parties; and
any rights not expressly granted herein are reserved by the Licensors.

9. Disclaimer of Warranty. Unless required by applicable law or agreed
to in writing, Licensor provides the Artifact (and each Contributor
provides its Contributions) 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. You are solely
responsible for determining the appropriateness of using the Artifact,
and assume any risks associated with Your exercise of permissions under
this License.

10. Limitation of Liability. In no event and under no legal theory,
whether in tort (including negligence), contract, or otherwise, unless
required by applicable law (such as deliberate and grossly negligent
acts) or agreed to in writing, shall any Contributor be liable to You
for damages, including any direct, indirect, special, incidental, or
consequential damages of any character arising as a result of this
License or out of the use or inability to use the Artifact (including
but not limited to damages for loss of goodwill, work stoppage, computer
failure or malfunction, or any and all other commercial damages or
losses), even if such Contributor has been advised of the possibility of
such damages.

11. If any provision of this License 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.

12. Term and Termination. The term of this License will commence upon
the earlier of Your (a) acceptance of this License or (b) accessing the
Artifact; and will continue in full force and effect until terminated in
accordance with the terms and conditions herein. Licensor may terminate
this License if You are in breach of any term or condition of this
License. Upon termination of this License, all licenses granted to You
will terminate and You must promptly delete and cease use of the
Artifact. Sections 1, 7, 8, 9, 10, 11, and 12 survive termination of
this License.

END OF TERMS AND CONDITIONS

Attachment A

AMD Responsible AI Use Policy

AMD is committed to the responsible use of its Artificial Intelligence
(AI) products and technologies (“AMD AI”).  AMD AI may include
artificial intelligence or machine learning technologies that use
algorithms to analyze data and generate output using predictions based
on patterns in data.  This policy explains the uses that AMD
specifically prohibits.

If you use any AMD AI, you are agreeing to use the AMD AI in compliance
with applicable laws and not for any of the following prohibited uses.

Prohibited Uses:

1) No Illegal Acts.  Do not use AMD AI in violation of any applicable
national, state, local, or other jurisdictional law, rule, regulation,
or sanction.

2) No Explicit Content.  Do not use AMD AI to submit (as input),
generate, or disseminate content depicting violent or sexually explicit
content or to create sexual chatbots.

3) No Harm.  Do not use AMD AI for any potentially harmful uses,
   including fraud, deception, discrimination, abuse, or harassment,
   including the following:

   a) Harm or abuse of a minor, including grooming and child sexual
      exploitation.

   b) Impersonation of human beings for purposes of deception.

   c) Generation or dissemination of information you know to be false
      for the purpose of harming others.

   d) Intentionally defame, disparage, or otherwise harass others.

   e) Intentionally attempting to materially distort the behavior of a
      person in a manner that causes or is likely to cause that person
      or another person physical or psychological harm.

   f) Providing medical advice or interpretation of medical results that
      is intended to be a substitute for professional medical advice,
      diagnosis, or treatment.

   g) Engaging in the unlawful or unauthorized practice of any
      profession, including financial, legal, medical, health, or
      related professional practices.

   h) Judgment of, discrimination against, or harm to individuals or
      groups based on legally protected characteristics or categories,
      online or offline social behavior, or known or predicted personal
      or personality characteristics, including any of the foregoing
      uses in social credit systems.

4) No High-Risk Activity.  Do not use AMD AI in any high-risk activities
 or applications that create a risk of personal injury, death, or
severe property or environmental damage, including in weapons or
military applications.

5) No Personal Information.  Do not use AMD AI to collect, process, or
disclose personal data, including heath or sensitive personal
information, without the necessary rights or consents.

6) No Infringement.  Do not use AMD AI to generate or disseminate any
information that infringes upon or misappropriates the intellectual
property rights of others, including copyright, trademark, patent, and
trade secret rights, rights to privacy, and publicity rights.

7) No Malware.  Do not use AMD AI to generate or disseminate malware or
any other content to be used for the purpose of facilitating unpermitted
access to, or use of, computer systems or data.

8) No Obfuscation.  Do not inappropriately obfuscate or fail to disclose
to end users the presence of AI in any application in which AMD AI is
deployed, along with any known risks or dangers of using AI without
appropriate safeguards, oversight and human control.

9) No Reliance.  Do not rely on any information generated using AMD AI
without assessing it for accuracy, potential for harm, or other specific
risks applicable to the use case.
