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SA-1B DATASET RESEARCH LICENSE
THE LICENSED CONTENT (AS DEFINED BELOW) IS PROVIDED BY META PLATFORMS, INC. (“META”) AND ITS APPLICABLE LICENSORS UNDER THE TERMS OF THIS SA-1B DATASET RESEARCH LICENSE ("LICENSE"). THE LICENSED CONTENT IS PROTECTED BY COPYRIGHT AND OTHER APPLICABLE LAWS. ANY USE OF THE LICENSED CONTENT OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE LICENSED CONTENT PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
Definitions
"Adaptation" means a work based upon the Licensed Metadata, or upon the Licensed Metadata and other pre-existing works, such as a translation, adaptation, derivative work, alterations of a literary or artistic work, or performance and includes any other form in which the Licensed Metadata may be recast, transformed, or adapted including in any form recognizably derived from the original, except that a work that constitutes a Collection will not be considered an Adaptation for the purpose of this License
"Collection" means a collection of literary or artistic works, such as encyclopedias and anthologies, or performances, phonograms or broadcasts, or other works or subject matter, which, by reason of the selection and arrangement of their contents, constitute intellectual creations, in which the Licensed Images and/or Licensed Metadata is included in its entirety in unmodified form along with one or more other contributions, each constituting separate and independent works in themselves, which together are assembled into a collective whole. A work that constitutes a Collection will not be considered an Adaptation (as defined above) for the purposes of this License
"Licensed Content" means (i) the Licensed Images and (ii) the Licensed Metadata. For clarity, Licensed Content does not mean any trademarks, software, or patent rights of Licensor or its affiliates or licensors
“Licensed Images” means the specific media, images, and artistic works that are licensed to Licensor with a right to sublicense and that are expressly offered by Licensor under the terms of this License
“Licensed Metadata” means the data, annotations, masks and metadata attached to the Licensed Images that are expressly offered by Licensor under the terms of this License
"Licensor" means Meta
"Publicly Perform" means to perform public recitations of the Licensed Content and to communicate to the public those public recitations, by any means or process; to make available to the public Licensed Content in such a way that members of the public may access the Licensed Content from a place and at a place individually chosen by them; to perform the Licensed Content to the public by any means or process and the communication to the public of the performances of the Licensed Content, including by public digital performance or presentation; to broadcast and rebroadcast the Licensed Content by any means including signs, sounds or images
"Reproduce" means to make copies of the Licensed Content by any means including without limitation by visual recordings and the right of fixation and reproducing fixations of the Licensed Content, including storage of a protected performance or phonogram in digital form or other electronic medium
“Research Purposes” means for the purposes of conducting research activities and research publications, in each case on a non-commercial basis
"You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to any Licensed Content, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation
Fair Dealing Rights. Nothing in this License is intended to reduce, limit, or restrict any lawful uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under the Copyright Law or other applicable laws.
License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Licensed Content as stated below:
To access, use, and modify the Licensed Metadata for Research Purposes, and to Reproduce and Publicly Perform Adaptations of the Licensed Metadata for Research Purposes, provided that any such Adaptation of the Licensed Metadata, including any translation in any medium, takes reasonable steps to clearly label, demarcate or otherwise identify that changes were made to the original Licensed Metadata.
To access and Reproduce the Licensed Images solely for Research Purposes.
The foregoing license grant includes the right to Reproduce the Licensed Content, to incorporate the Licensed Content into one or more Collections, to Reproduce the Licensed Content as incorporated in the Collections, and to Publicly Perform the Licensed Content including as incorporated in Collections.
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. Subject to Section 8(f), all rights not expressly granted by Licensor are hereby reserved.
Restrictions. The License grant in Section 3 above is subject to the following restrictions:
You may Publicly Perform the Licensed Content only under the terms of this License. You must include a copy of, or the Uniform Resource Identifier (URI) for, this License with every copy of the Licensed Content You Publicly Perform. You may not offer or impose any terms on the Licensed Content that alter, restrict, or are inconsistent with the terms of this License. You may not sublicense the Licensed Content. You may not alter or remove copyright and other proprietary notices or remove the disclaimer of warranties on any copy of the Licensed Content. When You Publicly Perform the Licensed Content, You may not impose any measures that restrict the ability of a recipient of the Licensed Content to exercise the recipient's rights under the License. This Section 4(a) applies to the Licensed Content as incorporated in a Collection, but this does not require the Collection itself to be made subject to the terms of this License.
The rights granted to You in Section 3 are for Research Purposes only. You may not exercise any of the rights granted to You in Section 3 in any manner that is primarily intended for or directed toward commercial purpose, monetary compensation, or commercial production. The exchange of individual items of Licensed Content by means of digital file-sharing or similar methods shall not be considered to be for commercial purpose, provided there is no payment in connection with the exchange of Licensed Content.
You may not use, modify, copy, reproduce, create derivative works of, or distribute the Licensed Content (or any derivative works thereof), in whole or in part, for (i) any commercial or production purpose, (ii) purposes of surveillance, including any research or development relating to surveillance, (iii) biometric processing, (iv) in any manner that infringes, misappropriates, or otherwise violates any third-party rights, (v) attempting to identify any individual included in the Licensed Content, or (vi) in any manner that violates any applicable law, including accessing the Licensed Content from an embargoed country as prohibited by the U.S. government, violating any privacy or security laws, rules, regulations, directives, or governmental requirements (including the General Data Privacy Regulation (Regulation (EU) 2016/679), the California Consumer Privacy Act, the Lei Geral de Proteção de Dados, and any and all laws governing the processing of biometric information), as well as all amendments and successor laws to any of the foregoing, or in a manner that violates Licensor's community standards available at Meta's community standards available at https://www.facebook.com/business/good-questions/community-standards.
Representations, Warranties and Disclaimer. UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR AND ITS LICENSORS OFFER THE LICENSED CONTENT AS-IS AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE LICENSED CONTENT, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE LICENSED CONTENT, EVEN IF LICENSOR OR ITS AFFILIATES OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Termination
This License and the rights granted hereunder will terminate immediately upon any breach by You of the terms of this License. Individuals or entities who have received Adaptations or Collections from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
Subject to the above terms and conditions and unless earlier terminated pursuant to Section 7.a, the license granted here is perpetual (for the duration of the applicable copyright in the Licensed Content), except that You agree that You will destroy any copies of the Licensed Images in Your possession or control no later than three (3) months following the conclusion of Your research activities and research publications as permitted hereunder, or the date of termination of the License, whichever occurs earlier, and will provide written notice of the same upon Licensor's reasonable request. Notwithstanding the foregoing. Licensor reserves the right to release the Licensed Content under different license terms or to stop distributing the Licensed Content at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
Miscellaneous
Each time You Publicly Perform the Licensed Content or a Collection in accordance with the terms hereunder, the Licensor offers to the recipient a license to the Licensed Content on the same terms and conditions as the license granted to You under this License.
Each time You Publicly Perform an Adaptation in accordance with the terms hereunder, Licensor offers to the recipient a license to the original Licensed Content on the same terms and conditions as the license granted to You under this License.
If any provision of this License is held to be invalid or unenforceable under applicable law by a court of competent jurisdiction, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
No term or provision of this License shall be deemed waived, and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
The parties acknowledge and agree that any of Licensor's own licensors that have provided any of the Licensed Images hereunder are intended to be third party beneficiaries of this license, and such licensors shall have the right to enforce all terms and conditions of this license against You as it relates to Your use of their Licensed Images.
This License constitutes the entire agreement between the parties with respect to the Licensed Content licensed here. There are no understandings, agreements, or representations with respect to the Licensed Content not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). These rights and subject matter take effect in the relevant jurisdiction in which the License terms are sought to be enforced according to the corresponding provisions of the implementation of those treaty provisions in the applicable national law. If the standard suite of rights granted under applicable copyright law includes additional rights not granted under this License, such additional rights are deemed to be included in the License; this License is not intended to restrict the license of any rights under applicable law.
Participant will comply with all applicable export controls, import controls, and trade sanctions applicable to the Licensed Content. You shall obtain, at your sole cost and expense, any export and import (temporary and permanent) license and other official authorization applicable to the Licensed Content.
This Agreement, and your relationship with Licensor under this Agreement, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. For any action arising under or related to this License, You agree to submit to the exclusive jurisdiction of the state or federal courts located within the county of San Mateo County, California. Notwithstanding this, You agree that Licensor shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.