Instella-3B [RESEARCH-ONLY RAIL-MS] Licensed Artifact(s): - Model - Source Code Section I: PREAMBLE BY ACCESSING, DOWNLOADING, INSTALLING, OR USING THE ARTIFACT, YOU AGREE TO BE BOUND BY THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE, DO NOT ACCESS, DOWNLOAD, INSTALL, OR USE THE ARTIFACT. 1. Definitions (a) “Application” refers to a sequence of instructions or statements written in machine code language, including object code (that is the product of a compiler), binary code (data using a two-symbol system) or an intermediate language (such as register transfer language). (b) “Artifact” refers to a software application (in either binary or source code format), Model, and/or Source Code, in accordance with what is specified above as the “Licensed Artifact”. (c) “Contribution” means any work, including any modifications or additions to an Artifact, that is intentionally submitted to Licensor for inclusion or incorporation in the Artifact directly or indirectly by the rights 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, sharing and improving the Artifact, but excluding communication that is conspicuously marked or otherwise designated in writing by the contributor as “Not a Contribution.” (d) “Contributor” means Licensor or any other individual or legal entity that creates or owns a Contribution that is added to or incorporated into an Artifact or its Derivative. (e) “Data” means a collection of information and/or content extracted from the dataset used with a given Model, including to train, pretrain, or otherwise evaluate the Model. The Data is not licensed under this License. (f) “Derivative” means a work derived from or based upon an Artifact, and includes all modified versions of such Artifact. (g) “Distribution” means any transmission, reproduction, publication or other sharing of an Artifact or Derivative to a Third Party, including providing a hosted service incorporating the Artifact, which is made available by electronic or other remote means - e.g. API-based or web access. (h) “Harm” includes but is not limited to physical, mental, psychological, financial and reputational damage, pain, or loss. (i) “License” means the terms and conditions for use, reproduction, and Distribution as defined in this document. (j) “Licensor” means the rights owner (by virtue of creation or documented transfer of ownership) or entity authorized by the rights owner (e.g., exclusive licensee) that is granting the rights in this License. (k) “Model” means any machine-learning based assembly or assemblies (including checkpoints), consisting of learnt weights, parameters (including optimizer states), corresponding to the model architecture as embodied in the Source Code. (l) “Output” means the results of operating a Model as embodied in informational content resulting therefrom. (m) “Permitted Purpose” means for academic or research purposes only. (n) “Source Code” means any collection of text written using human-readable programming language, including the code and scripts used to define, run, load, benchmark or evaluate a Model or any component thereof, and/or used to prepare data for training or evaluation, if any. Source Code includes any accompanying documentation, tutorials, examples, etc, if any. For clarity, the term “Source Code” as used in this License includes any and all Derivatives of such Source Code. (o) “Third Parties” means individuals or legal entities that are not under common control with Licensor or You. (p) “Use” includes accessing, using, copying, modifying, and/or distributing an Artifact; in connection with a Model as Artifact, Use also includes creating content, fine-tuning, updating, running, training, evaluating and/or re-parametrizing such Model. (q) “You” (or “Your”) means an individual or legal entity receiving and exercising permissions granted by this License and/or making use of the Artifact for permitted purposes and in any permitted field of use, including usage of the Artifact in an end-use application - e.g. chatbot, translator, image generator, etc. Section II: INTELLECTUAL PROPERTY RIGHTS Both copyright and patent grants may apply to the Artifact. The Artifact is subject to additional terms and conditions as described in Section III below. 2. Grant of Copyright License. Conditioned upon compliance with Section III below and subject to the terms and conditions of this License, each Contributor hereby grants to You, only in connection with the Permitted Purpose, a worldwide, non-exclusive, royalty-free copyright license to reproduce, use, publicly display, publicly perform, sublicense, and distribute the Artifact and Derivatives thereof. 3. Grant of Patent License. Conditioned upon compliance with Section III below and subject to the terms and conditions of this License, and only where and as applicable, each Contributor hereby grants to You, only in connection with the Permitted Purpose, a worldwide, non-exclusive, royalty-free, irrevocable (except as stated in this paragraph) patent license to make, have made, use, sell, offer to sell, import, and otherwise transfer the Artifact 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 Artifact 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 Artifact and/or a Contribution incorporated within the Artifact constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License in connection with the Artifact shall terminate as of the date such litigation is asserted or filed. Licensor and Contributor each have the right to grant the licenses above. Section III: CONDITIONS OF USAGE, DISTRIBUTION AND REDISTRIBUTION 4. Use-based Restrictions. The restrictions contained in the AMD Responsible AI Use Policy set forth in Attachment A are mandatory Use- based restrictions. Therefore You may not Use the Artifact in violation of such restrictions. You may Use the Artifact only subject to this License; if Section II is held unenforceable or inapplicable, this Section III will continue to govern any use of the Artifact. You shall require all of Your users who Use the Artifact or its Derivative to comply with the terms and conditions of this License, including those contained in this paragraph, and only for the Permitted Purpose. 5. The Output You Generate with a Model (as Artifact). Except as set forth herein, Licensor claims no rights in the Output You generate. You are accountable for the Output You generate and its subsequent uses. No use of the Output may contravene any provision as stated in this License. 6. Distribution and Redistribution. You may host for Third Party remote access purposes (e.g. software-as-a-service), reproduce and distribute copies of the Artifact or its Derivatives in any medium, with or without modifications, provided that You meet the following conditions: 6.1. Use-based restrictions in paragraph 4 MUST be included as a condition precedent to effect any type of legal agreement (e.g. a license) governing the use and/or distribution of the Artifact or its Derivatives, and You shall give such notice to any subsequent Third Party recipients; 6.2. You shall give any Third Party recipients of the Artifact or its Derivatives a copy of this License; 6.3. You shall cause any modified files to carry prominent notices stating that You changed the files; 6.4. You shall retain all copyright, patent, trademark, and attribution notices excluding those notices that do not pertain to any part of the Artifact or its Derivatives. 6.5. You and any Third Party recipients of the Artifact or its Derivative shall adhere to the Permitted Purpose. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions with respect to paragraph 6.1., to govern the use, reproduction, or Distribution of Your modifications, or for any Derivative, provided that Your use, reproduction, and Distribution of the Artifact or its Derivative otherwise complies with the conditions stated in this License. In other words, the Use-based restrictions in Attachment A form the minimum set of terms for You to license to Third Parties any Artifact or its Derivative, but You may add more restrictive terms if You deem it necessary. Section IV: OTHER PROVISIONS 7. Updates and Runtime Restrictions. To the maximum extent permitted by law, Licensor reserves the right to restrict (remotely or otherwise) usage of the Artifact in violation of this License or update the Artifact through electronic means. 8. Trademarks and Related. Nothing in this License permits You to make use of Licensors’ trademarks, trade names, logos or to otherwise suggest endorsement or misrepresent the relationship between the parties; and any rights not expressly granted herein are reserved by the Licensors. 9. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Artifact (and each Contributor provides its Contributions) on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, 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 the Artifact, and assume any risks associated with Your exercise of permissions under this License. 10. 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 or out of the use or inability to use the Artifact (including but not limited to damages for loss of goodwill, work stoppage, computer 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. 11. If any provision of this License 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. 12. Term and Termination. The term of this License will commence upon the earlier of Your (a) acceptance of this License or (b) accessing the Artifact; and will continue in full force and effect until terminated in accordance with the terms and conditions herein. Licensor may terminate this License if You are in breach of any term or condition of this License. Upon termination of this License, all licenses granted to You will terminate and You must promptly delete and cease use of the Artifact. Sections 1, 7, 8, 9, 10, 11, and 12 survive termination of this License. END OF TERMS AND CONDITIONS Attachment A AMD Responsible AI Use Policy AMD is committed to the responsible use of its Artificial Intelligence (AI) products and technologies (“AMD AI”). AMD AI may include artificial intelligence or machine learning technologies that use algorithms to analyze data and generate output using predictions based on patterns in data. This policy explains the uses that AMD specifically prohibits. If you use any AMD AI, you are agreeing to use the AMD AI in compliance with applicable laws and not for any of the following prohibited uses. Prohibited Uses: 1) No Illegal Acts. Do not use AMD AI in violation of any applicable national, state, local, or other jurisdictional law, rule, regulation, or sanction. 2) No Explicit Content. Do not use AMD AI to submit (as input), generate, or disseminate content depicting violent or sexually explicit content or to create sexual chatbots. 3) No Harm. Do not use AMD AI for any potentially harmful uses, including fraud, deception, discrimination, abuse, or harassment, including the following: a) Harm or abuse of a minor, including grooming and child sexual exploitation. b) Impersonation of human beings for purposes of deception. c) Generation or dissemination of information you know to be false for the purpose of harming others. d) Intentionally defame, disparage, or otherwise harass others. e) Intentionally attempting to materially distort the behavior of a person in a manner that causes or is likely to cause that person or another person physical or psychological harm. f) Providing medical advice or interpretation of medical results that is intended to be a substitute for professional medical advice, diagnosis, or treatment. g) Engaging in the unlawful or unauthorized practice of any profession, including financial, legal, medical, health, or related professional practices. h) Judgment of, discrimination against, or harm to individuals or groups based on legally protected characteristics or categories, online or offline social behavior, or known or predicted personal or personality characteristics, including any of the foregoing uses in social credit systems. 4) No High-Risk Activity. Do not use AMD AI in any high-risk activities or applications that create a risk of personal injury, death, or severe property or environmental damage, including in weapons or military applications. 5) No Personal Information. Do not use AMD AI to collect, process, or disclose personal data, including heath or sensitive personal information, without the necessary rights or consents. 6) No Infringement. Do not use AMD AI to generate or disseminate any information that infringes upon or misappropriates the intellectual property rights of others, including copyright, trademark, patent, and trade secret rights, rights to privacy, and publicity rights. 7) No Malware. Do not use AMD AI to generate or disseminate malware or any other content to be used for the purpose of facilitating unpermitted access to, or use of, computer systems or data. 8) No Obfuscation. Do not inappropriately obfuscate or fail to disclose to end users the presence of AI in any application in which AMD AI is deployed, along with any known risks or dangers of using AI without appropriate safeguards, oversight and human control. 9) No Reliance. Do not rely on any information generated using AMD AI without assessing it for accuracy, potential for harm, or other specific risks applicable to the use case.