Effective: April 13, 2023.
You understand the Thorn CSAM Classifier is in continuous development by Thorn, and acknowledge that it may require engineering resources from your organization to deploy to your platform(s) or service(s).
You agree to only use the Thorn CSAM Classifier to detect and identify CSAM for the purpose of defending children from sexual abuse on your platform(s) or service(s).
Subject to your continuing satisfaction of the Qualifications, the license granted by the approval of your Application is a limited, revocable, non-exclusive, royalty-free, non-transferable license, without right of sublicense, to use the TCP and, to the extent applicable, download from the Code Repository, modify and reproduce the TCP, solely internally pursuant to the Intent of Use.
Use of the TCP must be strictly limited to the Purpose defined above and may not be for a commercial basis. You may not sell, lease, license, sublicense, distribute, or otherwise allow any third party to use the TCP. You may not use the TCP at any locations other than your offices controlled and occupied by you. You will restrict access to the TCP to your employees and consultants that must have access in order for you to use the TCP for the Purpose. You will not permit access to the TCP by any other third party. You will be fully responsible for the conduct of any of your employees or consultants that breach these terms and conditions. You will notify Thorn of any breach of these terms or conditions or a situation in which it would appear that the TCP was prejudiced or exposed to loss. Upon the request of Thorn, you will take all reasonable steps to recover any portions of the TCP that are disclosed, stolen, or otherwise compromised.
You will only use any Modifications internally, on a non-commercial basis.
You will not: (i) use the Results other than for your internal business purposes without written permission from Thorn; or (ii) disclose the Results to any third party without written permission from Thorn. You will maintain the confidentiality of the Results using the same level of protection as you use for your own confidential information, but in no event less than reasonable care.
In the event that you wish to disclose, publish, or otherwise make any Modifications available to third parties, you must share the Modifications with Thorn and apply for Thorn’s inclusion of the Modifications in the TCP. If you apply to have any Modifications deposited into the Code Repository and Thorn approves of such application, you thereby grant to Thorn a non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide license to use, reproduce, modify, and otherwise exploit all intellectual property rights in such Modifications.
VII. NO WARRANTIES / DISCLAIMER
Thorn will not provide any customer service or technical support with respect to the TCP and the Code Repository. Thorn is not obligated to provide any updates, upgrades, or bug fixes beyond those it makes available in the TCP.
YOU ACKNOWLEDGE THAT THE TCP IS A FRAMEWORK WHICH YOU MAY COMBINE WITH YOUR OWN PLATFORM(S) OR SERVICE(S)-BASED DATA TO PRODUCE THE RESULTS, WHICH REQUIRES PROPER IMPLEMENTATION BY YOU TO OPERATE. THE TCP IS PROVIDED BY THORN “AS IS” AND WITHOUT ANY WARRANTY.
NEITHER THORN NOR ITS LICENSORS WARRANT THAT THE TCP WILL OPERATE WITHOUT ERROR OR INTERRUPTION. THORN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, COMPLETENESS, AND FITNESS FOR A PARTICULAR PURPOSE, INCLUDING WITH RESPECT TO THE TCP AND ANY PART THEREOF, THE CODE REPOSITORY, AND THE RESULTS.
VIII. NOTICE OF CHANGES
Thorn reserves the right to revise the Qualifications at any time either by: (i) notifying you of the changes (notice by email is sufficient); or (ii) posting the update on the Site. It is your responsibility to periodically check the Site for updates to the Qualifications, and to ensure its continued compliance therewith. You will, upon request from Thorn, demonstrate your fulfillment of the Qualifications and compliance with the Intent of Use, including without limitation by completing a self-reporting document provided by Thorn. Thorn may terminate the license at any time if it determines, in its sole discretion, that you do not satisfy the then-effective Qualifications.
Thorn may: (i) refer to the Company as a CSAM Classifier user; and (ii) use the Company’s trademarks in such reference. You may not use any of Thorn’s trademarks or any trademarks otherwise used in connection with the TCP without the prior written consent of Thorn.
XI. COMPANY REPRESENTATIONS AND WARRANTIES
You will defend, indemnify, and hold harmless Thorn and Thorn’s licensors against any claims arising from your breach of the foregoing representations and warranties.
XII. LIMITATION OF LIABILITY
These terms and conditions are governed by the laws of the State of California, without reference to conflict of law principles. You will comply in all respects with all U.S. and foreign export and re-export laws and regulations applicable to the TCP.
By submitting the application, you are indicating that you are authorized to agree to the above and conditions on behalf of the Company.
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