Dataset License Agreement
In order to access the DFDC Dataset (as defined below), you (as defined below) must first agree to this Deepfake Detection Challenge Dataset License Agreement (“Agreement”). You may not use the DFDC Dataset if you do not accept this Agreement. By clicking to accept, accessing the DFDC Dataset or both, you hereby agree to the terms of the Agreement. If you are agreeing to be bound by the Agreement on behalf of your employer or other entity, you represent and warrant to Facebook that you have full legal authority to bind your employer or such entity to this Agreement. If you do not have the requisite authority, you may not accept the Agreement or access the DFDC Dataset on behalf of your employer or other entity.
This Agreement is effective upon the earlier of the date that you first access the DFDC Dataset or accept this Agreement (“Effective Date”), and is entered into by and between Facebook, Inc. (“Facebook”), and you, or your employer or other entity (if you are entering into this agreement on behalf of your employer or other entity) (“Participant” or “you”).
- Subject to Participant’s compliance with the terms and conditions of this Agreement, Facebook hereby grants to Participant, a limited, non-exclusive, non-transferable, non-sublicensable license to: (a) use the Deepfake Detection Challenge Dataset (the “DFDC Dataset”) to research, develop and improve software, algorithms, machine learning models, techniques and technologies designed to detect manipulated media, images, audio and videos (the “Purpose”) and (b) distribute and reproduce up to ten (10) images or videos from the DFDC Dataset per Participant research or academic publication related to the Purpose.
- Subject to Participant’s compliance with the terms and conditions of this Agreement, Participant retains its intellectual property rights in and to all algorithms, software, machine learning models, techniques and technologies developed or otherwise derived by Participant from the use of the DFDC Dataset. Such algorithms, software, machine learning models, techniques and technologies may be used for academic and commercial purposes.
- As between Facebook and Participant, Facebook retains all intellectual property rights in and to the DFDC Dataset. All rights not expressly granted under this Agreement by Facebook are reserved.
- At any time, Facebook may require Participant to delete all copies of the DFDC Dataset (in whole or in part) in Participant’s possession and control. Participant will promptly comply with any and all such requests. Upon Facebook’s request, Participant shall provide Facebook with written confirmation of Participant’s compliance with such requirement.
- Participant will not:
- modify, translate, or create any derivative works based upon the DFDC Dataset;
- distribute, copy, disclose, assign, sublicense, embed, host or otherwise transfer the DFDC Dataset to any third party, except as described in Section 1(b) above;
- remove or alter any copyright, trademark or other proprietary notices appearing on or in copies of the DFDC Dataset;
- use the DFDC Dataset in a pornographic, defamatory or other unlawful manner, or in violation of any applicable regulations or laws;
- incorporate the DFDC Dataset into any other program, dataset, or product;
- use the DFDC Dataset to distribute manipulated images or videos (except as described in Section 1(b) above); or
- use the DFDC Dataset for any purpose other than the Purpose specified in this Agreement.
- If you use the DFDC Dataset (or any portion thereof) in a manner that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person, you must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model. For example, you could say: “Stock photo. Posed by model.”
- Facebook always appreciates your feedback and other suggestions about the DFDC Dataset. However, you should know and you hereby agree that we may use your feedback and suggestions without any restriction or obligation, including, without limitation, to compensate you or to keep them confidential.
- Upon the termination of this Agreement, Participant will immediately stop using the DFDC Dataset and destroy all copies of the DFDC Dataset and related materials in Participant’s possession and control. Additionally, Facebook may, at any time, for any reason or for no reason, terminate this Agreement, effective immediately upon notice to the Participant. Upon termination, the license granted to Participant hereunder will immediately terminate and Participant will immediately stop using the DFDC Dataset and destroy all copies of the DFDC Dataset and related materials in Participant’s possession or control. Except for the licenses granted to Participant, the other provisions of this Agreement will survive any termination.
- THE DFDC DATASET IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
- IN NO EVENT WILL FACEBOOK AND ITS CONTRACTORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER, EVEN IF FACEBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- FACEBOOK’S AND ITS CONTRACTOR’S TOTAL LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT AND ITS SUBJECT MATTER WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
- Either party may terminate this Agreement if the other is in material breach of this Agreement and such breach remains uncured for thirty (30) days following receipt of written notice of the breach.
- Participant will comply with all applicable export controls, import controls and trade sanctions applicable to the DFDC Dataset. You shall obtain, at your sole cost and expense, any export and import (temporary and permanent) license and other official authorization applicable to the DFDC Dataset. This Agreement, and your relationship with Facebook under this Agreement, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Facebook agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Agreement. Notwithstanding this, you agree that Facebook shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. No amendment or modification of this Agreement will be effective unless in writing and signed by duly authorized signatories of both parties. No failure to exercise and no delay in exercising any right, remedy or power hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right, remedy or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy or power provided herein or by law or in equity. Participant may not assign its rights and obligations hereunder without prior written consent of Facebook. Facebook may assign its rights and obligations hereunder at any time to any party without Participant’s consent. If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the same will be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of the remainder of this Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous representations, discussions, negotiations, conditions, and agreements between the parties relating to the subject matter hereof.