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MODEL_LICENSE
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1 |
+
MODEL - LICENSE TO USE
|
2 |
+
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3 |
+
The Model (as defined below) is made available to You by Alexandra Instituttet A/S,
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4 |
+
Åbogade 34, 8200 Aarhus N, Denmark and may be utilised solely in accordance with the
|
5 |
+
license terms stipulated in this document.
|
6 |
+
|
7 |
+
The license is based on "AI PUBS OPEN RAIL-M LICENSE", a copy of which is attached
|
8 |
+
hereto with the following additions:
|
9 |
+
|
10 |
+
1. The license is governed by the laws of the Kingdom of Denmark
|
11 |
+
2. Any dispute arising out of or in connection herewith, including any disputes regarding
|
12 |
+
the existence, validity or termination of the license, shall be first referred to
|
13 |
+
mediation administered by the Danish Institute of Arbitration in accordance with the
|
14 |
+
Rules on Mediation adopted by the Board of the Danish Institute of Arbitration. If
|
15 |
+
the mediation proceedings are terminated without a settlement, the dispute shall be
|
16 |
+
finally settled by arbitration administered by the Danish Institute of Arbitration in
|
17 |
+
accordance with the Rules of Arbitration adopted by the Board of the Danish Institute
|
18 |
+
of Arbitration. The arbitral tribunal shall be composed of three arbitrators. The
|
19 |
+
place of arbitration shall be Aarhus, Denmark. The language to be used in the
|
20 |
+
arbitral proceedings shall be the English language.
|
21 |
+
3. If, at any time, the compilation, storage, utilisation, or processing of the Model,
|
22 |
+
Complementary Material, or Data (all as defined below) constitute violation of
|
23 |
+
applicable laws, regardless of anything to the contrary in these conditions, the
|
24 |
+
license shall automatically become null and void without any liability for the
|
25 |
+
Licensor whatsoever.
|
26 |
+
4. Supplementing Attachment A to the AI PUBS OPEN RAIL-M LICENSE, You additionally agree
|
27 |
+
not to use the Model or its Derivatives:
|
28 |
+
|
29 |
+
(a) To impersonate any person or entity or otherwise misrepresent its affiliation
|
30 |
+
with a person or entity, including (but not limited to) the creation of synthetic
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31 |
+
speech (i) emulating a specific natural person or (ii) which is found to be
|
32 |
+
similar to a specific natural person's speech (regardless of whether the identity
|
33 |
+
of such natural person is known at the time of the creation); or
|
34 |
+
(b) To detect or infer aspects and/or features of an identity of any natural persons,
|
35 |
+
such as name, family name, address, gender, sexual orientation, race, religion,
|
36 |
+
age, location (at any geographical level), skin color, society or political
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37 |
+
affiliations, employment status and/or employment history, and health and medical
|
38 |
+
conditions.
|
39 |
+
|
40 |
+
|
41 |
+
AI PUBS OPEN RAIL-M LICENSE
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42 |
+
|
43 |
+
Version 0.1, March 2, 2023
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44 |
+
|
45 |
+
http://licenses.ai/
|
46 |
+
|
47 |
+
Section I: PREAMBLE
|
48 |
+
|
49 |
+
This OpenRAIL-M License is generally applicable to any machine-learning Model.
|
50 |
+
|
51 |
+
The “Open” nomenclature indicates that the licensed Model is be freely accessible to
|
52 |
+
downstream and other users. The “RAIL” nomenclature indicates that there are use
|
53 |
+
restrictions prohibiting the use of the Model. These restrictions are intended to avoid
|
54 |
+
potential misuse. Even though derivative versions of the Model could be released under
|
55 |
+
different licensing terms, the License specifies that the use restrictions in the
|
56 |
+
original License must apply to such derivatives.
|
57 |
+
|
58 |
+
NOW THEREFORE, You and Licensor agree as follows:
|
59 |
+
|
60 |
+
1. Definitions
|
61 |
+
|
62 |
+
(a) “Complementary Material” means the applicable source code and scripts used to
|
63 |
+
define, run, load, benchmark or evaluate the Model, and used to prepare data for
|
64 |
+
training or evaluation, if any. This includes any accompanying documentation,
|
65 |
+
tutorials, examples, etc, if any. Complementary Material is not licensed under
|
66 |
+
this License.
|
67 |
+
(b) "Contribution" means any work, including the original version of the Model and
|
68 |
+
any modifications or additions to that Model or Derivatives of the Model
|
69 |
+
thereof, that is intentionally submitted to Licensor for inclusion in the Model
|
70 |
+
by the rights owner or by an individual or legal entity authorized to submit on
|
71 |
+
behalf of the rights owner. For the purposes of this definition, “submitted”
|
72 |
+
means any form of electronic, verbal, or written communication sent to the
|
73 |
+
Licensor or its representatives, including but not limited to communication on
|
74 |
+
electronic mailing lists, source code control systems, and issue tracking
|
75 |
+
systems that are managed by, or on behalf of, the Licensor for the purpose of
|
76 |
+
discussing and improving the Model, but excluding communication that is
|
77 |
+
conspicuously marked or otherwise designated in writing by the rights owner as
|
78 |
+
"Not a Contribution."
|
79 |
+
(c) "Contributor" means Licensor and any individual or legal entity on behalf of
|
80 |
+
whom a Contribution has been received by Licensor and subsequently incorporated
|
81 |
+
within the Model.
|
82 |
+
(d) “Data” means a collection of information and/or content extracted from the
|
83 |
+
dataset used with the Model, including to train, pretrain, or otherwise evaluate
|
84 |
+
the Model. The Data is not licensed under this License.
|
85 |
+
(e) “Derivatives of the Model” means all modifications to the Model, works based on
|
86 |
+
the Model, or any other model which is created or initialized by transfer of
|
87 |
+
patterns of the weights, parameters, activations or output of the Model, to the
|
88 |
+
other model, in order to cause the other model to perform similarly to the
|
89 |
+
Model, including - but not limited to - distillation methods entailing the use
|
90 |
+
of intermediate data representations or methods based on the generation of
|
91 |
+
synthetic data by the Model for training the other model.
|
92 |
+
(f) “Distribution” means any transmission, reproduction, publication or other
|
93 |
+
sharing of the Model or Derivatives of the Model to a third party, including
|
94 |
+
providing the Model as a hosted service made available by electronic or other
|
95 |
+
remote means - e.g. API-based or web access.
|
96 |
+
(g) “Harm” includes but is not limited to physical, mental, psychological, financial
|
97 |
+
and reputational damage, pain, or loss.
|
98 |
+
(h) "License" means the terms and conditions for use, reproduction, and Distribution
|
99 |
+
as defined in this document.
|
100 |
+
(i) “Licensor” means the rights owner or entity authorized by the rights owner that
|
101 |
+
is granting the License, including the persons or entities that may have rights
|
102 |
+
in the Model and/or distributing the Model.
|
103 |
+
(j) “Model” means any accompanying machine-learning based assemblies (including
|
104 |
+
checkpoints), consisting of learnt weights, parameters (including optimizer
|
105 |
+
states), corresponding to the model architecture as embodied in the
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106 |
+
Complementary Material, that have been trained or tuned, in whole or in part on
|
107 |
+
the Data, using the Complementary Material.
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+
(k) “Output” means the results of operating a Model as embodied in informational
|
109 |
+
content resulting therefrom.
|
110 |
+
(l) “Third Parties” means individuals or legal entities that are not under common
|
111 |
+
control with Licensor or You.
|
112 |
+
(m) "You" (or "Your") means an individual or legal entity exercising permissions
|
113 |
+
granted by this License and/or making use of the Model for whichever purpose and
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114 |
+
in any field of use, including usage of the Model in an end-use application -
|
115 |
+
e.g. chatbot, translator, image generator.
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+
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+
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+
Section II: INTELLECTUAL PROPERTY RIGHTS
|
119 |
+
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120 |
+
Both copyright and patent grants may apply to the Model and Derivatives of the Model.
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121 |
+
The Model and Derivatives of the Model are subject to additional terms as described in
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122 |
+
Section III, which shall govern the use of the Model and Derivatives of the Model even
|
123 |
+
in the event Section II is held unenforceable.
|
124 |
+
|
125 |
+
2. Grant of Copyright License. Subject to the terms and conditions of this License, each
|
126 |
+
Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge,
|
127 |
+
royalty-free, irrevocable copyright license to reproduce, prepare, publicly display,
|
128 |
+
publicly perform, sublicense, and distribute the Model and Derivatives of the Model.
|
129 |
+
3. Grant of Patent License. Subject to the terms and conditions of this License and
|
130 |
+
where and as applicable, each Contributor hereby grants to You a perpetual,
|
131 |
+
worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in
|
132 |
+
this paragraph) patent license to make, have made, use, offer to sell, sell, import,
|
133 |
+
and otherwise transfer the Model and/or Derivatives of the Model where such license
|
134 |
+
applies only to those patent claims licensable by such Contributor that are
|
135 |
+
necessarily infringed by their Contribution(s) alone or by combination of their
|
136 |
+
Contribution(s) with the Model or Derivatives of the Model to which such
|
137 |
+
Contribution(s) was submitted. If You institute patent litigation against any entity
|
138 |
+
(including a cross-claim or counterclaim in a lawsuit) alleging that the Model or
|
139 |
+
Derivative of the Model and/or a Contribution incorporated within the Model or
|
140 |
+
Derivative of the Model constitutes direct or contributory patent infringement, then
|
141 |
+
any patent licenses granted to You under this License for the Model and/or Derivative
|
142 |
+
of the Model shall terminate as of the date such litigation is asserted or filed.
|
143 |
+
|
144 |
+
|
145 |
+
Section III: CONDITIONS OF USAGE, DISTRIBUTION AND REDISTRIBUTION
|
146 |
+
|
147 |
+
4. Distribution and Redistribution. You may host for Third Party remote access purposes
|
148 |
+
(e.g. software-as-a-service), reproduce and distribute copies of the Model or
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149 |
+
Derivatives of the Model thereof in any medium, with or without modifications,
|
150 |
+
provided that You meet the following conditions:
|
151 |
+
|
152 |
+
(a) Use-based restrictions in paragraph 5 MUST be included as an enforceable
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153 |
+
provision by You in any type of legal agreement (e.g. a license) governing the
|
154 |
+
use and/or distribution of the Model or Derivatives of the Model, and You shall
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+
give notice to subsequent users You Distribute to, that the Model or Derivatives
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+
of the Model are subject to paragraph 5.
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+
(b) You must give any Third Party recipients of the Model or Derivatives of the Model
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158 |
+
a copy of this License;
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159 |
+
(c) You must cause any modified files to carry prominent notices stating that You
|
160 |
+
changed the files;
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161 |
+
(d) You must retain all copyright, patent, trademark, and attribution notices
|
162 |
+
excluding those notices that do not pertain to any part of the Model, Derivatives
|
163 |
+
of the Model.
|
164 |
+
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+
You may add Your own copyright statement to Your modifications and may provide
|
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+
additional or different license terms and conditions - respecting paragraph 4.a. -
|
167 |
+
for use, reproduction, or Distribution of Your modifications, or for any such
|
168 |
+
Derivatives of the Model as a whole, provided Your use, reproduction, and
|
169 |
+
Distribution of the Model otherwise complies with the conditions stated in this
|
170 |
+
License.
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+
5. Use-based restrictions. The restrictions set forth in Attachment A are considered
|
172 |
+
Use-based restrictions. Therefore You cannot use the Model or the Derivatives of the
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173 |
+
Model in violation of such restrictions. You may use the Model subject to this
|
174 |
+
License, including only for lawful purposes and in accordance with the
|
175 |
+
License. Use may include creating any content with, fine-tuning, updating, running,
|
176 |
+
training, evaluating and/or re-parametrizing the Model. You shall require all of Your
|
177 |
+
users who use the Model or a Derivative of the Model to comply with the terms of this
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+
paragraph 5.
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+
6. The Output You Generate. Except as set forth herein, Licensor claims no rights in
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+
the Output You generate using the Model. You are accountable for the Output you
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+
generate and its subsequent uses. No use of the output can contravene any provision
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+
as stated in the License.
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+
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+
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+
Section IV: OTHER PROVISIONS
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+
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+
7. Updates and Runtime Restrictions. To the maximum extent permitted by law, Licensor
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+
reserves the right to restrict (remotely or otherwise) usage of the Model in
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+
violation of this License, update the Model through electronic means, or modify the
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+
Output of the Model based on updates.
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+
8. Trademarks and related. Nothing in this License permits You to make use of
|
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+
Licensors’ trademarks, trade names, logos or to otherwise suggest endorsement or
|
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+
misrepresent the relationship between the parties; and any rights not expressly
|
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+
granted herein are reserved by the Licensors.
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+
9. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing,
|
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+
Licensor provides the Model (and each Contributor provides its Contributions) on an
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+
"AS 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 redistributing
|
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+
the Model and Derivatives of the Model, and assume any risks associated with Your
|
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+
exercise of permissions under this License.
|
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+
10. Limitation of Liability. In no event and under no legal theory, whether in tort
|
204 |
+
(including negligence), contract, or otherwise, unless required by applicable law
|
205 |
+
(such as deliberate and grossly negligent acts) or agreed to in writing, shall any
|
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+
Contributor be liable to You for damages, including any direct, indirect, special,
|
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+
incidental, or consequential damages of any character arising as a result of this
|
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+
License or out of the use or inability to use the Model (including but not limited
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+
to damages for loss of goodwill, work stoppage, computer failure or malfunction, or
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+
any and all other commercial damages or losses), even if such Contributor has been
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+
advised of the possibility of such damages.
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+
11. Accepting Warranty or Additional Liability. While redistributing the Model or
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+
Derivatives of the Model, You may choose to charge a fee in exchange for support,
|
214 |
+
warranty, indemnity, or other obligations and/or rights consistent with this
|
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+
License. However, in accepting such obligations, You may act only on Your own behalf
|
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+
and on Your sole responsibility, not on behalf of any other Contributor, and only if
|
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+
You agree to indemnify, defend, and hold each Contributor harmless for any liability
|
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+
incurred by, or claims asserted against, such Contributor by reason of your
|
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+
accepting any such warranty or additional liability.
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+
12. If any provision of this License is held to be invalid, illegal or unenforceable,
|
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+
the remaining provisions shall be unaffected thereby and remain valid as if such
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+
provision had not been set forth herein.
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+
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+
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+
END OF TERMS AND CONDITIONS
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+
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+
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+
Attachment A
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+
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+
USE RESTRICTIONS
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+
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+
You agree not to use the Model or its Derivatives in any of the following ways:
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+
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+
1. Legal
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+
(a) In any way that violates any applicable national, federal, state, local or
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+
international law or regulation.
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+
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+
2. Harm and Discrimination
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+
(a) For the purpose of exploiting, Harming or attempting to exploit or Harm minors in
|
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+
any way;
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+
(b) To generate or disseminate false information with the purpose of Harming others;
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+
(c) To generate or disseminate personal identifiable information that can be used to
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+
Harm an individual;
|
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+
(d) To defame, disparage or otherwise harass others;
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+
(e) For any use intended to or which has the effect of Harming individuals or groups
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+
based on online or offline social behavior or known or predicted personal or
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+
personality characteristics.
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+
(f) To exploit any of the vulnerabilities of a specific group of persons based on
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+
their age, social, physical or mental characteristics, in order to materially
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+
distort the behavior of a person belonging to that group in a manner that causes
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+
or is likely to cause that person or another person Harm
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+
(g) For any use intended to or which has the effect of discriminating against
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+
individuals or groups based on legally protected characteristics or categories.
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+
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+
3. Transparency
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+
(a) To generate or disseminate machine-generated information or content in any medium
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+
without expressly and intelligibly disclaiming that it is machine-generated;
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+
(b) To impersonate or attempt to impersonate human beings for purposes of deception;
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+
(c) For fully automated decision making that adversely impacts an individual’s legal
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+
rights or otherwise creates or modifies a binding, enforceable obligation.
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