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Gemma Terms of Use
Last modified: April 1, 2024
By using, reproducing, modifying, distributing, performing or displaying
any portion or element of Gemma, Model Derivatives including via any
Hosted Service, (each as defined below) (collectively, the "Gemma
Services") or otherwise accepting the terms of this Agreement, you agree
to be bound by this Agreement.
Section 1: DEFINITIONS
1.1 Definitions
(a) "Agreement" or "Gemma Terms of Use" means these terms and conditions
that govern the use, reproduction, Distribution or modification of
the Gemma Services and any terms and conditions incorporated by
reference.
(b) "Distribution" or "Distribute" means any transmission, publication,
or other sharing of Gemma or Model Derivatives to a third party,
including by providing or making Gemma or its functionality
available as a hosted service via API, web access, or any other
electronic or remote means ("Hosted Service").
(c) "Gemma" means the set of machine learning language models, trained
model weights and parameters identified at ai.google.dev/gemma,
regardless of the source that you obtained it from.
(d) "Google" means Google LLC.
(e) "Model Derivatives" means all (i) modifications to Gemma, (ii) works
based on Gemma, or (iii) any other machine learning model which is
created by transfer of patterns of the weights, parameters,
operations, or Output of Gemma, to that model in order to cause that
model to perform similarly to Gemma, including distillation methods
that use intermediate data representations or methods based on the
generation of synthetic data Outputs by Gemma for training that
model. For clarity, Outputs are not deemed Model Derivatives.
(f) "Output" means the information content output of Gemma or a Model
Derivative that results from operating or otherwise using Gemma or
the Model Derivative, including via a Hosted Service.
1.2
As used in this Agreement, "including" means "including without
limitation".
Section 2: ELIGIBILITY AND USAGE
2.1 Eligibility
You represent and warrant that you have the legal capacity to enter into
this Agreement (including being of sufficient age of consent). If you
are accessing or using any of the Gemma Services for or on behalf of a
legal entity, (a) you are entering into this Agreement on behalf of
yourself and that legal entity, (b) you represent and warrant that you
have the authority to act on behalf of and bind that entity to this
Agreement and (c) references to "you" or "your" in the remainder of this
Agreement refers to both you (as an individual) and that entity.
2.2 Use
You may use, reproduce, modify, Distribute, perform or display any of
the Gemma Services only in accordance with the terms of this Agreement,
and must not violate (or encourage or permit anyone else to violate) any
term of this Agreement.
Section 3: DISTRIBUTION AND RESTRICTIONS
3.1 Distribution and Redistribution
You may reproduce or Distribute copies of Gemma or Model Derivatives if
you meet all of the following conditions:
1. You must include the use restrictions referenced in Section 3.2 as an
enforceable provision in any agreement (e.g., license agreement,
terms of use, etc.) governing the use and/or distribution of Gemma or
Model Derivatives and you must provide notice to subsequent users you
Distribute to that Gemma or Model Derivatives are subject to the use
restrictions in Section 3.2.
2. You must provide all third party recipients of Gemma or Model
Derivatives a copy of this Agreement.
3. You must cause any modified files to carry prominent notices stating
that you modified the files.
4. All Distributions (other than through a Hosted Service) must be
accompanied by a "Notice" text file that contains the following
notice: "Gemma is provided under and subject to the Gemma Terms of
Use found at ai.google.dev/gemma/terms".
You may add your own intellectual property statement to your
modifications and, except as set forth in this Section, may provide
additional or different terms and conditions for use, reproduction, or
Distribution of your modifications, or for any such Model Derivatives as
a whole, provided your use, reproduction, modification, Distribution,
performance, and display of Gemma otherwise complies with the terms and
conditions of this Agreement. Any additional or different terms and
conditions you impose must not conflict with the terms of this
Agreement.
3.2 Use Restrictions
You must not use any of the Gemma Services:
1. for the restricted uses set forth in the Gemma Prohibited Use Policy
at ai.google.dev/gemma/prohibited_use_policy ("Prohibited Use
Policy"), which is hereby incorporated by reference into this
Agreement; or in violation of applicable laws and regulations.
2. To the maximum extent permitted by law, Google reserves the right to
restrict (remotely or otherwise) usage of any of the Gemma Services
that Google reasonably believes are in violation of this Agreement.
3.3 Generated Output
Google claims no rights in Outputs you generate using Gemma. You and
your users are solely responsible for Outputs and their subsequent uses.
Section 4: ADDITIONAL PROVISIONS
4.1 Updates
Google may update Gemma from time to time.
4.2 Trademarks
Nothing in this Agreement grants you any rights to use Google's
trademarks, trade names, logos or to otherwise suggest endorsement or
misrepresent the relationship between you and Google. Google reserves
any rights not expressly granted herein.
4.3 DISCLAIMER OF WARRANTY
UNLESS REQUIRED BY APPLICABLE LAW, THE GEMMA SERVICES, AND OUTPUTS, ARE
PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING 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, REPRODUCING, MODIFYING, PERFORMING, DISPLAYING OR DISTRIBUTING
ANY OF THE GEMMA SERVICES OR OUTPUTS AND ASSUME ANY AND ALL RISKS
ASSOCIATED WITH YOUR USE OR DISTRIBUTION OF ANY OF THE GEMMA SERVICES OR
OUTPUTS AND YOUR EXERCISE OF RIGHTS AND PERMISSIONS UNDER THIS
AGREEMENT.
4.4 LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER
NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY, CONTRACT, OR OTHERWISE, UNLESS REQUIRED BY APPLICABLE LAW,
SHALL GOOGLE OR ITS AFFILIATES BE LIABLE TO YOU FOR DAMAGES, INCLUDING
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR
PUNITIVE DAMAGES, OR LOST PROFITS OF ANY KIND ARISING FROM THIS
AGREEMENT OR RELATED TO, ANY OF THE GEMMA SERVICES OR OUTPUTS EVEN IF
GOOGLE OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
4.5 Term, Termination, and Survival
The term of this Agreement will commence upon your acceptance of this
Agreement (including acceptance by your use, modification, or
Distribution, reproduction, performance or display of any portion or
element of the Gemma Services) and will continue in full force and
effect until terminated in accordance with the terms of this Agreement.
Google may terminate this Agreement if you are in breach of any term of
this Agreement. Upon termination of this Agreement, you must delete and
cease use and Distribution of all copies of Gemma and Model Derivatives
in your possession or control. Sections 1, 2.1, 3.3, 4.2 to 4.9 shall
survive the termination of this Agreement.
4.6 Governing Law and Jurisdiction
This Agreement will be governed by the laws of the State of California
without regard to choice of law principles. The UN Convention on
Contracts for the International Sale of Goods does not apply to this
Agreement. The state and federal courts of Santa Clara County,
California shall have exclusive jurisdiction of any dispute arising out
of this Agreement.
4.7 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.
4.8 Entire Agreement
This Agreement states all the terms agreed between the parties and
supersedes all other agreements between the parties as of the date of
acceptance relating to its subject matter.
4.9 No Waiver
Google will not be treated as having waived any rights by not exercising
(or delaying the exercise of) any rights under this Agreement.