key: hfoil-1.0
short_name: HFOILv1.0
name: Hugging Face Optimized Inference License 1.0
category: Source-available
owner: HuggingFace
homepage_url: https://github.com/huggingface/text-generation-inference/blob/bde25e62b33b05113519e5dbf75abda06a03328e/LICENSE
spdx_license_key: LicenseRef-scancode-hfoil-1.0
text: |
  Hugging Face Optimized Inference License 1.0 (HFOILv1.0)


  This License Agreement governs the use of the Software and its Modifications. It is a
  binding agreement between the Licensor and You.

  This License Agreement shall be referred to as Hugging Face Optimized Inference License
  1.0 or HFOILv1.0. We may publish revised versions of this License Agreement from time to
  time. Each version will be given a distinguished number.

  By downloading, accessing, modifying, distributing or otherwise using the Software, You
  consent to all of the terms and conditions below. So, if You do not agree with those,
  please do not download, access, modify, distribute, or use the Software.


  1. PERMISSIONS

  You may use, modify and distribute the Software pursuant to the following terms and
  conditions:

  Copyright License. Subject to the terms and conditions of this License Agreement and where
  and as applicable, each Contributor hereby grants You a perpetual, worldwide,
  non-exclusive, royalty-free, copyright license to reproduce, prepare, publicly display,
  publicly perform, sublicense under the terms herein, and distribute the Software and
  Modifications of the Software.

  Patent License. Subject to the terms and conditions of this License Agreement and where
  and as applicable, each Contributor hereby grants You a perpetual, worldwide,
  non-exclusive, royalty-free patent license to make, have made, Use, offer to sell, sell,
  import, and otherwise transfer the Software, where such license applies only to those
  patent claims licensable by such Contributor that are necessarily infringed by their
  Contribution(s) alone or by combination of their Contribution(s) with the Software to
  which such Contribution(s) was submitted. If You institute patent litigation against any
  entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Software
  or a Contribution incorporated within the Software constitutes direct or contributory
  patent infringement, then any rights granted to You under this License Agreement for the
  Software shall terminate as of the date such litigation is filed.

  No other rights. All rights not expressly granted herein are retained.


  2. RESTRICTIONS

  You may not distribute the Software as a hosted or managed, and paid service, where the
  service grants users access to any substantial set of the features or functionality of the
  Software. If you wish to do so, You will need to be granted additional rights from the
  Licensor which will be subject to a separate mutually agreed agreement.

  You may not sublicense the Software under any other terms than those listed in this
  License.


  3. OBLIGATIONS

  When You modify the Software, You agree to: - attach a notice stating the Modifications of
  the Software You made; and - attach a notice stating that the Modifications of the
  Software are released under this License Agreement.

  When You distribute the Software or Modifications of the Software, You agree to: - give
  any recipients of the Software a copy of this License Agreement; - retain all Explanatory
  Documentation; and if sharing the Modifications of the Software, add Explanatory
  Documentation documenting the changes made to create the Modifications of the Software; -
  retain all copyright, patent, trademark and attribution notices.


  4. MISCELLANEOUS

  Termination. Licensor reserves the right to restrict Use of the Software in violation of
  this License Agreement, upon which Your licenses will automatically terminate.

  Contributions. Unless You explicitly state otherwise, any Contribution intentionally
  submitted for inclusion in the Software by You to the Licensor shall be under the terms
  and conditions of this License, without any additional terms or conditions.
  Notwithstanding the above, nothing herein shall supersede or modify the terms of any
  separate license agreement you may have executed with Licensor regarding such
  Contributions.

  Trademarks and related. Nothing in this License Agreement permits You (i) to make Use of
  Licensors’ trademarks, trade names, or logos, (ii) otherwise suggest endorsement by
  Licensor, or (iii) misrepresent the relationship between the parties; and any rights not
  expressly granted herein are reserved by the Licensors.

  Output You generate. Licensor claims no rights in the Output. You agree not to contravene
  any provision as stated in the License Agreement with your Use of the Output.

  Disclaimer of Warranty. Except as expressly provided otherwise herein, and to the fullest
  extent permitted by law, Licensor provides the Software (and each Contributor provides its
  Contributions) AS IS, and Licensor disclaims all warranties or guarantees of any kind,
  express or implied, whether arising under any law or from any usage in trade, or otherwise
  including but not limited to the implied warranties of merchantability, non-infringement,
  quiet enjoyment, fitness for a particular purpose, or otherwise. You are solely
  responsible for determining the appropriateness of the Software and Modifications of the
  Software for your purposes (including your use or distribution of the Software and
  Modifications of the Software), and assume any risks associated with Your exercise of
  permissions under this License Agreement.

  Limitation of Liability. In no event and under no legal theory, whether in tort (including
  negligence), contract, or otherwise, unless required by applicable law (such as deliberate
  and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to
  You for damages, including any direct, indirect, special, incidental, or consequential
  damages of any character arising as a result of this License Agreement or out of the Use
  or inability to Use the Software (including but not limited to damages for loss of
  goodwill, work stoppage, computer failure or malfunction, model failure or malfunction, or
  any and all other commercial damages or losses), even if such Contributor has been advised
  of the possibility of such damages.

  Accepting Warranty or Additional Liability. While sharing the Software or Modifications of
  the Software thereof, You may choose to offer and charge a fee for, acceptance of support,
  warranty, indemnity, or other liability obligations and/or rights consistent with this
  License Agreement. However, in accepting such obligations, You may act only on Your own
  behalf and on Your sole responsibility, not on behalf of Licensor or any other
  Contributor, and you hereby agree to indemnify, defend, and hold Licensor and each other
  Contributor (and their successors or assigns) harmless for any liability incurred by, or
  claims asserted against, such Licensor or Contributor (and their successors or assigns) by
  reason of your accepting any such warranty or additional liability.

  Severability. This License Agreement is a license of copyright and patent rights and an
  agreement in contract between You and the Licensor. If any provision of this License
  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.


  5. DEFINITIONS

  “Contribution” refers to any work of authorship, including the original version of the
  Software and any Modifications of the Software that is intentionally submitted to Licensor
  for inclusion in the Software by the copyright owner or by an individual or entity
  authorized to submit on behalf of the copyright owner. For the purposes of this
  definition, “submitted” means any form of electronic, verbal, or written communication
  sent to the Licensor or its representatives, including but not limited to communication on
  electronic mailing lists, source code control systems, and issue tracking systems that are
  managed by, or on behalf of, the Licensor for the purpose of discussing and improving the
  Software, but excluding communication that is conspicuously marked or otherwise designated
  in writing by the copyright owner as “Not a Contribution.”

  “Contributor” refers to Licensor and any individual or entity on behalf of whom a
  Contribution has been received by Licensor and subsequently incorporated within the
  Software.

  “Data” refers to a collection of information extracted from the dataset used with the
  Model, including to train, pretrain, or otherwise evaluate the Model. The Data is not
  licensed under this License Agreement.

  “Explanatory Documentation” refers to any documentation or related information including
  but not limited to model cards or data cards dedicated to inform the public about the
  characteristics of the Software. Explanatory documentation is not licensed under this
  License.

  "License Agreement" refers to these terms and conditions.

  “Licensor” refers to the rights owners or entity authorized by the rights owners that are
  granting the terms and conditions of this License Agreement.

  “Model” refers to machine-learning based assemblies (including checkpoints), consisting of
  learnt weights and parameters (including optimizer states), corresponding to a model
  architecture as embodied in Software source code. Source code is not licensed under this
  License Agreement.

  “Modifications of the Software” refers to all changes to the Software, including without
  limitation derivative works of the Software.

  “Output” refers to the results of operating the Software.

  “Share” refers to any transmission, reproduction, publication or other sharing of the
  Software or Modifications of the Software to a third party, including providing the
  Softwaire as a hosted service made available by electronic or other remote means,
  including - but not limited to - API-based or web access.

  “Software” refers to the software and Model (or parts of either) that Licensor makes
  available under this License Agreement.

  “Third Parties” refers to individuals or legal entities that are not under common control
  with Licensor or You.

  “Use” refers to anything You or your representatives do with the Software, including but
  not limited to generating any Output, fine tuning, updating, running, training, evaluating
  and/or reparametrizing the Model.

  "You" (or "Your")  refers to an individual or Legal Entity exercising permissions granted
  by this License Agreement and/or making Use of the Software for whichever purpose and in
  any field of Use.
