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241 lines
14 KiB
Plaintext
241 lines
14 KiB
Plaintext
DEEPSEEK LICENSE AGREEMENT
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Version 1.0, 23 October 2023
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Copyright (c) 2023 DeepSeek
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Section I: PREAMBLE
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Large generative models are being widely adopted and used, and have the
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potential to transform the way individuals conceive and benefit from AI or ML
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technologies.
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Notwithstanding the current and potential benefits that these artifacts can
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bring to society at large, there are also concerns about potential misuses of
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them, either due to their technical limitations or ethical considerations.
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In short, this license strives for both the open and responsible downstream use
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of the accompanying model. When it comes to the open character, we took
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inspiration from open source permissive licenses regarding the grant of IP
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rights. Referring to the downstream responsible use, we added use-based
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restrictions not permitting the use of the model in very specific scenarios, in
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order for the licensor to be able to enforce the license in case potential
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misuses of the Model may occur. At the same time, we strive to promote open and
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responsible research on generative models for content generation.
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Even though downstream derivative versions of the model could be released under
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different licensing terms, the latter will always have to include - at minimum
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- the same use-based restrictions as the ones in the original license (this
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license). We believe in the intersection between open and responsible AI
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development; thus, this agreement aims to strike a balance between both in
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order to enable responsible open-science in the field of AI.
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This License governs the use of the model (and its derivatives) and is informed
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by the model card associated with the model.
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NOW THEREFORE, You and DeepSeek agree as follows:
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1. Definitions
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"License" means the terms and conditions for use, reproduction, and
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Distribution as defined in this document.
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"Data" means a collection of information and/or content extracted from the
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dataset used with the Model, including to train, pretrain, or otherwise
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evaluate the Model. The Data is not licensed under this License.
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"Output" means the results of operating a Model as embodied in informational
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content resulting therefrom.
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"Model" means any accompanying machine-learning based assemblies (including
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checkpoints), consisting of learnt weights, parameters (including optimizer
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states), corresponding to the model architecture as embodied in the
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Complementary Material, that have been trained or tuned, in whole or in part on
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the Data, using the Complementary Material.
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"Derivatives of the Model" means all modifications to the Model, works based on
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the Model, or any other model which is created or initialized by transfer of
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patterns of the weights, parameters, activations or output of the Model, to the
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other model, in order to cause the other model to perform similarly to the
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Model, including - but not limited to - distillation methods entailing the use
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of intermediate data representations or methods based on the generation of
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synthetic data by the Model for training the other model.
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"Complementary Material" means the accompanying source code and scripts used to
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define, run, load, benchmark or evaluate the Model, and used to prepare data
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for training or evaluation, if any. This includes any accompanying
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documentation, tutorials, examples, etc, if any.
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"Distribution" means any transmission, reproduction, publication or other
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sharing of the Model or Derivatives of the Model to a third party, including
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providing the Model as a hosted service made available by electronic or other
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remote means - e.g. API-based or web access.
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"DeepSeek" (or "we") means Beijing DeepSeek Artificial Intelligence Fundamental
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Technology Research Co., Ltd., Hangzhou DeepSeek Artificial Intelligence
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Fundamental Technology Research Co., Ltd. and/or any of their affiliates.
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"You" (or "Your") means an individual or Legal Entity exercising permissions
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granted by this License and/or making use of the Model for whichever purpose
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and in any field of use, including usage of the Model in an end-use application
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- e.g. chatbot, translator, etc.
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"Third Parties" means individuals or legal entities that are not under common
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control with DeepSeek or You.
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Section II: INTELLECTUAL PROPERTY RIGHTS
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Both copyright and patent grants apply to the Model, Derivatives of the Model
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and Complementary Material. The Model and Derivatives of the Model are subject
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to additional terms as described in Section III.
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2. Grant of Copyright License. Subject to the terms and conditions of this
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License, DeepSeek hereby grants to You a perpetual, worldwide, non-exclusive,
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no-charge, royalty-free, irrevocable copyright license to reproduce, prepare,
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publicly display, publicly perform, sublicense, and distribute the
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Complementary Material, the Model, and Derivatives of the Model.
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3. Grant of Patent License. Subject to the terms and conditions of this License
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and where and as applicable, DeepSeek hereby grants to You a perpetual,
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worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as
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stated in this paragraph) patent license to make, have made, use, offer to
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sell, sell, import, and otherwise transfer the Model and the Complementary
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Material, where such license applies only to those patent claims licensable by
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DeepSeek that are necessarily infringed by its contribution(s). If You
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institute patent litigation against any entity (including a cross-claim or
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counterclaim in a lawsuit) alleging that the Model and/or Complementary
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Material constitutes direct or contributory patent infringement, then any
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patent licenses granted to You under this License for the Model and/or works
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shall terminate as of the date such litigation is asserted or filed.
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Section III: CONDITIONS OF USAGE, DISTRIBUTION AND REDISTRIBUTION
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4. Distribution and Redistribution. You may host for Third Party remote access
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purposes (e.g. software-as-a-service), reproduce and distribute copies of the
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Model or Derivatives of the Model thereof in any medium, with or without
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modifications, provided that You meet the following conditions:
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a. Use-based restrictions as referenced in paragraph 5 MUST be included as an
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enforceable provision by You in any type of legal agreement (e.g. a license)
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governing the use and/or distribution of the Model or Derivatives of the Model,
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and You shall give notice to subsequent users You Distribute to, that the Model
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or Derivatives of the Model are subject to paragraph 5. This provision does not
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apply to the use of Complementary Material.
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b. You must give any Third Party recipients of the Model or Derivatives of the
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Model a copy of this License;
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c. You must cause any modified files to carry prominent notices stating that
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You changed the files;
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d. You must retain all copyright, patent, trademark, and attribution notices
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excluding those notices that do not pertain to any part of the Model,
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Derivatives of the Model.
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e. You may add Your own copyright statement to Your modifications and may
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provide additional or different license terms and conditions - respecting
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paragraph 4.a. – for use, reproduction, or Distribution of Your
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modifications, or for any such Derivatives of the Model as a whole, provided
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Your use, reproduction, and Distribution of the Model otherwise complies with
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the conditions stated in this License.
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5. Use-based restrictions. The restrictions set forth in Attachment A are
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considered Use-based restrictions. Therefore You cannot use the Model and the
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Derivatives of the Model for the specified restricted uses. You may use the
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Model subject to this License, including only for lawful purposes and in
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accordance with the License. Use may include creating any content with,
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finetuning, updating, running, training, evaluating and/or reparametrizing the
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Model. You shall require all of Your users who use the Model or a Derivative of
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the Model to comply with the terms of this paragraph (paragraph 5).
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6. The Output You Generate. Except as set forth herein, DeepSeek claims no
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rights in the Output You generate using the Model. You are accountable for the
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Output you generate and its subsequent uses. No use of the output can
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contravene any provision as stated in the License.
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Section IV: OTHER PROVISIONS
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7. Updates and Runtime Restrictions. To the maximum extent permitted by law,
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DeepSeek reserves the right to restrict (remotely or otherwise) usage of the
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Model in violation of this License.
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8. Trademarks and related. Nothing in this License permits You to make use of
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DeepSeek’ trademarks, trade names, logos or to otherwise suggest endorsement
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or misrepresent the relationship between the parties; and any rights not
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expressly granted herein are reserved by DeepSeek.
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9. Personal information, IP rights and related. This Model may contain personal
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information and works with IP rights. You commit to complying with applicable
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laws and regulations in the handling of personal information and the use of
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such works. Please note that DeepSeek's license granted to you to use the Model
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does not imply that you have obtained a legitimate basis for processing the
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related information or works. As an independent personal information processor
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and IP rights user, you need to ensure full compliance with relevant legal and
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regulatory requirements when handling personal information and works with IP
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rights that may be contained in the Model, and are willing to assume solely any
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risks and consequences that may arise from that.
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10. Disclaimer of Warranty. Unless required by applicable law or agreed to in
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writing, DeepSeek provides the Model and the Complementary Material on an "AS
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IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
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implied, including, without limitation, any warranties or conditions of TITLE,
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NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are
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solely responsible for determining the appropriateness of using or
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redistributing the Model, Derivatives of the Model, and the Complementary
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Material and assume any risks associated with Your exercise of permissions
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under this License.
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11. Limitation of Liability. In no event and under no legal theory, whether in
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tort (including negligence), contract, or otherwise, unless required by
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applicable law (such as deliberate and grossly negligent acts) or agreed to in
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writing, shall DeepSeek be liable to You for damages, including any direct,
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indirect, special, incidental, or consequential damages of any character
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arising as a result of this License or out of the use or inability to use the
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Model and the Complementary Material (including but not limited to damages for
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loss of goodwill, work stoppage, computer failure or malfunction, or any and
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all other commercial damages or losses), even if DeepSeek has been advised of
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the possibility of such damages.
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12. Accepting Warranty or Additional Liability. While redistributing the Model,
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Derivatives of the Model and the Complementary Material thereof, You may choose
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to offer, and charge a fee for, acceptance of support, warranty, indemnity, or
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other liability obligations and/or rights consistent with this License.
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However, in accepting such obligations, You may act only on Your own behalf and
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on Your sole responsibility, not on behalf of DeepSeek, and only if You agree
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to indemnify, defend, and hold DeepSeek harmless for any liability incurred by,
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or claims asserted against, DeepSeek by reason of your accepting any such
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warranty or additional liability.
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13. If any provision of this License is held to be invalid, illegal or
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unenforceable, the remaining provisions shall be unaffected thereby and remain
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valid as if such provision had not been set forth herein.
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14. Governing Law and Jurisdiction. This agreement will be governed and
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construed under PRC laws without regard to choice of law principles, and the UN
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Convention on Contracts for the International Sale of Goods does not apply to
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this agreement. The courts located in the domicile of Hangzhou DeepSeek
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Artificial Intelligence Fundamental Technology Research Co., Ltd. shall have
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exclusive jurisdiction of any dispute arising out of this agreement.
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END OF TERMS AND CONDITIONS
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Attachment A
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Use Restrictions
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You agree not to use the Model or Derivatives of the Model:
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- In any way that violates any applicable national or international law
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or regulation or infringes upon the lawful rights and interests of any third
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party;
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- For military use in any way;
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- For the purpose of exploiting, harming or attempting to exploit or harm
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minors in any way;
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- To generate or disseminate verifiably false information and/or content
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with the purpose of harming others;
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- To generate or disseminate inappropriate content subject to applicable
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regulatory requirements;
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- To generate or disseminate personal identifiable information without
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due authorization or for unreasonable use;
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- To defame, disparage or otherwise harass others;
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- For fully automated decision making that adversely impacts an
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individual’s legal rights or otherwise creates or modifies a binding,
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enforceable obligation;
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- For any use intended to or which has the effect of discriminating
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against or harming individuals or groups based on online or offline social
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behavior or known or predicted personal or personality characteristics;
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- To exploit any of the vulnerabilities of a specific group of persons
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based on their age, social, physical or mental characteristics, in order to
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materially distort the behavior of a person pertaining to that group in a
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manner that causes or is likely to cause that person or another person physical
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or psychological harm;
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- For any use intended to or which has the effect of discriminating
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against individuals or groups based on legally protected characteristics or
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categories.
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