{
  "key": "health-ai-developer-tou-2024",
  "short_name": "Health AI Developer Foundations TOU 2024",
  "name": "Health AI Developer Foundations Terms of Use 2024",
  "category": "Proprietary Free",
  "owner": "Google",
  "homepage_url": "https://developers.google.com/health-ai-developer-foundations/terms",
  "spdx_license_key": "LicenseRef-scancode-health-ai-developer-tou-2024",
  "text_urls": [
    "https://developers.google.com/health-ai-developer-foundations/terms.md.txt"
  ],
  "other_urls": [
    "https://www.apache.org/licenses/LICENSE-2.0",
    "https://developers.google.com/health-ai-developer-foundations/prohibited-use-policy"
  ],
  "ignorable_urls": [
    "https://developers.google.com/health-ai-developer-foundations",
    "https://developers.google.com/health-ai-developer-foundations/prohibited-use-policy",
    "https://developers.google.com/health-ai-developer-foundations/terms",
    "https://www.apache.org/licenses/LICENSE-2.0"
  ],
  "text": "# Health AI Developer Foundations Terms of Use\n\nLast modified: November 15, 2024\n\nBy using, reproducing, modifying, distributing, performing, or displaying any\nportion or element of the HAI-DEF Services (as defined below), or otherwise\naccepting these Health AI Developer Foundations Terms of Use (the\n\"**Agreement**\"), you agree to be bound by this Agreement.\n\n## Section 1: DEFINITIONS\n\n### 1.1 Definitions\n\n(a) \"**Clinical Use**\" means, any use in diagnosis or treatment of patients\n(including as part of a research study).\n\n(b) \"**Distribution** \" or \"**Distribute** \" means any transmission, publication,\nor other sharing of HAI-DEF or Model Derivatives to a third party, including by\nproviding or making HAI-DEF or its functionality available as a hosted service\nvia API, web access, or any other electronic or remote means (\"**Hosted\nService**\").\n\n(c) \"**Google**\" means Google LLC.\n\n(d) \"**Health AI Developer Foundations** \" or \"**HAI-DEF** \" means the set of\nmachine learning language models, trained model weights, and parameters\nidentified at\n[developers.google.com/health-ai-developer-foundations](https://developers.google.com/health-ai-developer-foundations),\nregardless of the source that you obtained it from.\n\n(e) \"**Health AI Developer Foundations Services** \" or \"**HAI-DEF Services**\"\nmeans collectively HAI-DEF or Model Derivatives, including as may be accessed or\nused via a Hosted Service.\n\n(f) \"**Health Regulatory Authority**\" means any regulatory authority that\noversees health-related products and services, including any national, supra\nnational, regional, state, or local regulatory authority, department, bureau,\ncommission, council, or other authority that is responsible for granting Health\nRegulatory Authorizations allowing distribution of products, or overseeing the\ndevelopment, use, manufacture, transport, storage, or commercialization of\nproducts and services for the diagnosis, cure, prevention, treatment, and/or\nmitigation of disorders, diseases, or conditions in humans.\n\n(g) \"**Health Regulatory Authorization**\" means, with respect to any country or\njurisdiction, all approvals, registrations, licenses, or authorizations from the\nrelevant Regulatory Authority in a country or jurisdiction for conducting\nresearch, Clinical Use, marketing and/or commercializing of a product or service\nin such country or jurisdiction.\n\n(h) \"**Model Derivatives**\" means (i) all modifications to HAI-DEF, (ii) all\nworks based on HAI-DEF, or (iii) any other machine learning model which is\ncreated by transfer of patterns of the weights, parameters, operations, or\nOutput of HAI-DEF, to that model in order to cause that model to perform\nsimilarly to HAI-DEF, including distillation methods that use intermediate data\nrepresentations or methods based on the generation of synthetic data Outputs by\nHAI-DEF for training that model. Outputs are not deemed Model Derivatives.\n\n(i) \"**Output**\" means the information content output of HAI-DEF or a Model\nDerivative that results from operating or otherwise using HAI-DEF or the Model\nDerivative, including via a Hosted Service.\n\n### 1.2\n\nIn this Agreement, \"**including** \" means \"**including but not limited to**\".\n\n## Section 2: ELIGIBILITY AND USAGE\n\n### 2.1 Eligibility\n\nYou represent and warrant that you have the legal capacity to enter into this\nAgreement (including being of sufficient age of consent). If you are accessing\nor using any of the HAI-DEF Services for or on behalf of a legal entity, (a) you\nare entering into this Agreement on behalf of yourself and that legal entity,\n(b) you represent and warrant that you have the authority to act on behalf of\nand bind that entity to this Agreement, and (c) references to \"**you** \" or\n\"**your**\" in the remainder of this Agreement refers to both you (as an\nindividual) and that entity.\n\n### 2.2 Use\n\nYou may use, reproduce, modify, Distribute, perform, or display any of the\nHAI-DEF Services only in accordance with the terms of this Agreement, and must\nnot violate (or encourage or permit anyone else to violate) any term of this\nAgreement. HAI-DEF's recipe source code, model inference code, model training\ncode, utility code, and other source code deliverables are licensed under Apache\n2.0 available at\n<https://www.apache.org/licenses/LICENSE-2.0>.\n\n## Section 3: DISTRIBUTION AND RESTRICTIONS\n\n### 3.1 Distribution and Redistribution\n\nYou may reproduce or Distribute copies of HAI-DEF or Model Derivatives if you\nmeet all of the following conditions:\n\n1. You must include the use restrictions 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 HAI-DEF or Model Derivatives and you must notify subsequent users you Distribute to that HAI-DEF or Model Derivatives are subject to the use restrictions in Section 3.2.\n2. You must provide all third party recipients of HAI-DEF or Model Derivatives a copy of this Agreement.\n3. You must, when applicable, seek Health Regulatory Authorization from the relevant Health Regulatory Authority.\n4. You must cause any modified files to carry prominent notices stating that you modified the files.\n5. All Distributions (other than through a Hosted Service) must be accompanied by a \"**Notice** \" text file that contains the following notice: \"**HAI-DEF\n   is provided under and subject to the Health AI Developer Foundations Terms\n   of Use found at\n   https://developers.google.com/health-ai-developer-foundations/terms**\".\n\nYou may add your own intellectual property statement to your modifications and,\nexcept as set forth in this Section, may provide additional or different terms\nand conditions for use, reproduction, or Distribution of your modifications, or\nfor any such Model Derivatives as a whole, provided your use, reproduction,\nmodification, Distribution, performance, and display of HAI-DEF otherwise\ncomplies with the terms and conditions of this Agreement. Any additional or\ndifferent terms and conditions you impose must not conflict with the terms of\nthis Agreement.\n\n### 3.2 Use Restrictions\n\nYou must not use any of the HAI-DEF Services:\n\n1. for the restricted uses described in the Health AI Developer Foundations Prohibited Use Policy at <https://developers.google.com/health-ai-developer-foundations/prohibited-use-policy> (\"**Prohibited Use Policy**\"), which is hereby incorporated by reference into this Agreement;\n2. for any use that could cause a Health Regulatory Authority to deem Google to be a \"manufacturer\" of a medical device; or\n3. in violation of applicable laws and regulations.\n\nTo the maximum extent permitted by law and without limiting any of Google's\nother rights, Google reserves the right to restrict (remotely or otherwise)\nusage of any of the HAI-DEF Services that Google reasonably believes are in\nviolation of this Agreement.\n\n### 3.3 Generated Output\n\nGoogle will not claim ownership over any original Outputs you generate using\nHAI-DEF. You acknowledge that Google or HAI-DEF may generate the same or similar\nOutputs for others, including Google, and that Google reserves all of Google's\nrights in the Outputs it generates independently of you. You and your users are\nsolely responsible for Outputs and their subsequent uses.\n\n## Section 4: ADDITIONAL PROVISIONS\n\n### 4.1 Updates\n\nGoogle may update HAI-DEF from time to time.\n\n### 4.2 Trademarks\n\nNothing in this Agreement grants you any rights to use Google's trademarks,\ntrade names, logos or to otherwise suggest endorsement or misrepresent the\nrelationship between you and Google. Google reserves any rights not expressly\ngranted herein.\n\n### 4.3 DISCLAIMER OF WARRANTY\n\nUNLESS REQUIRED BY APPLICABLE LAW, THE HAI-DEF SERVICES AND OUTPUTS ARE PROVIDED\nON AN \"AS IS\" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER\nEXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS OF TITLE,\nNON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ARE\nSOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING, REPRODUCING,\nMODIFYING, PERFORMING, DISPLAYING, OR DISTRIBUTING ANY OF THE HAI-DEF SERVICES\nOR OUTPUTS AND ASSUME ANY AND ALL RISKS ASSOCIATED WITH YOUR USE OR DISTRIBUTION\nOF ANY OF THE HAI-DEF SERVICES OR OUTPUTS AND YOUR EXERCISE OF RIGHTS AND\nPERMISSIONS UNDER THIS AGREEMENT. YOU AGREE THAT GOOGLE WILL NOT BE DEEMED TO BE\nFURNISHING ANY MEDICAL ADVICE OR HEALTH CARE SERVICES BY VIRTUE OF PROVIDING THE\nHAI-DEF SERVICES.\n\n### 4.4 LIMITATION OF LIABILITY\n\nTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO\nLEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY,\nCONTRACT, OR OTHERWISE, UNLESS REQUIRED BY APPLICABLE LAW, WILL GOOGLE OR ITS\nAFFILIATES BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY DIRECT, INDIRECT,\nSPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST\nPROFITS OF ANY KIND ARISING FROM THIS AGREEMENT OR RELATED TO ANY OF THE HAI-DEF\nSERVICES OR OUTPUTS EVEN IF GOOGLE OR ITS AFFILIATES HAVE BEEN ADVISED OF THE\nPOSSIBILITY OF SUCH DAMAGES.\n\n### 4.5 Indemnification\n\nUnless prohibited by applicable law, you will defend and indemnify Google, and\nits affiliates, directors, officers, employees, and contractors against all\nliabilities, damages, losses, costs, fees (including legal fees), and expenses\nrelating to any allegations or third-party legal proceeding (including\nregulatory proceedings) to the extent arising from: (a) your violation of any\nterm of this Agreement; (b) damage or injury to any person or property as a\nresult of your use of HAI-DEF (including your modification, Distribution,\nreproduction, performance, display, or adaptation of HAI-DEF); (c) your gross\nnegligence or willful misconduct in connection with HAI-DEF; or (d) any claim\nthat any modifications or combinations to HAI-DEF made by you, including Model\nDerivatives, infringe or violate a third party's intellectual property or other\nrights, including applicable privacy or data protection rights.\n\n### 4.6 Term, Termination, and Survival\n\nThe term of this Agreement will commence upon your acceptance of this Agreement\n(including acceptance by your use, modification, or Distribution, reproduction,\nperformance, or display of any portion or element of the HAI-DEF Services) and\nwill continue in full force and effect until terminated in accordance with the\nterms of this Agreement. Google may terminate this Agreement if you are in\nbreach of any term of this Agreement or if Google reasonably determines that a\nHealth Regulatory Authority may deem that Google is, or is reasonably likely to\nbe considered a \"manufacturer\" of a medical device in connection with your use\nof the HAI-DEF Services. Upon termination of this Agreement, you must delete and\ncease use and Distribution of all copies of HAI-DEF and Model Derivatives in\nyour possession or control. Sections 1, 2.1, 3.3, and 4.2 to 4.7 will survive\nthe termination of this Agreement.\n\n### 4.7 General Legal Terms\n\nThis Agreement states all terms agreed between the parties and supersedes all\nother agreements between the parties relating to its subject matter. If any\nprovision of this Agreement is held to be invalid, illegal or unenforceable, the\nrest of the Agreement will remain in effect. Google's delay or omission in\nexercising any right under this Agreement will not be treated as a waiver of\nthat right. CALIFORNIA LAW WILL GOVERN ALL DISPUTES ARISING OUT OF OR RELATING\nTO THIS AGREEMENT AND THE HAI-DEF SERVICES, REGARDLESS OF ANY CONFLICT OF LAWS\nRULES. THESE DISPUTES WILL BE RESOLVED EXCLUSIVELY IN THE FEDERAL OR STATE\nCOURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA, AND THE PARTIES CONSENT TO\nPERSONAL JURISDICTION IN THOSE COURTS."
}