Last Modified: 2024-11-09
By using AlphaFold 3 Output (as defined below), without having agreed to AlphaFold 3 Model Parameters Terms of Use, you agree to be bound by these AlphaFold 3 Output Terms of Use between you (or your organization, as applicable) and Google LLC (these "Terms").
If you are using Output on behalf of an organization, you confirm you are authorized either explicitly or implicitly to agree to, and are agreeing to, these Terms as an employee on behalf of, or otherwise on behalf of, your organization.
If you have agreed to AlphaFold 3 Model Parameters Terms of Use, your use of Output are governed by those terms. If you have not agreed to AlphaFold 3 Model Parameters Terms of Use and do not agree to these Terms, do not use Output or permit any third party to do so on your behalf.
When we say "you", we mean the individual or organization using Output. When we say "we", "us" or "Google", we mean the entities that belong to the Google group of companies, which means Google LLC and its affiliates.
As used in these Terms:
"AlphaFold 3" means the AlphaFold 3 Code and Model Parameters.
"AlphaFold 3 Code" means the AlphaFold 3 source code: (a) identified at public GitHub repo, or such other location in which we may make it available from time to time, regardless of the source that it was obtained from; and (b) made available by Google to organizations for their use in accordance with the AlphaFold 3 Model Parameters Terms of Use (not these Terms) together with (i) modifications to that code, (ii) works based on that code, or (iii) other code or machine learning model which incorporates, in full or in part, that code.
"Model Parameters" means the trained model weights and parameters made available by Google to organizations (at its sole discretion) for their use in accordance with the AlphaFold 3 Model Parameters Terms of Use (not these Terms), together with (a) modifications to those weights and parameters, (b) works based on those weights and parameters, or (c) other code or machine learning model which incorporates, in full or in part, those weights and parameters.
"Output" means the structure predictions and all related information provided by AlphaFold 3, together with any visual representations, computational predictions, descriptions, modifications, copies, or adaptations that are substantially derived from Output.
AlphaFold 3 belongs to us. Output are made available free of charge, for non-commercial use only, in accordance with the following use restrictions. You must not use nor allow others to use Output:
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On behalf of a commercial organization or in connection with any commercial activities, including research on behalf of commercial organizations.
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This means that only non-commercial organizations (i.e., universities, non-profit organizations and research institutes, educational, journalism and government bodies) may use Output for their non-commercial activities. Output are not available for use by any other types of organization, even if conducting non-commercial work.
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If you are a researcher affiliated with a non-commercial organization, provided you are not a commercial organisation or acting on behalf of a commercial organisation, you can use Output for your non-commercial affiliated research.
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You must not share Output with any commercial organization. The only exception is making Output publicly available (including, indirectly, to commercial organizations) via a scientific publication or open source release or using these to support journalism, each of which are permitted.
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To misinform, misrepresent or mislead, including:
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providing false or inaccurate information in relation to your access to or use of Output;
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misrepresenting your relationship with Google - including by using Google’s trademarks, trade names, logos or suggesting endorsement by Google without Google’s permission to do so - nothing in these Terms grants such permission;
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misrepresenting the origin of Output;
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distributing misleading claims of expertise or capability, or engaging in the unauthorized or unlicensed practice of any profession, particularly in sensitive areas (e.g., health); or
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making decisions in domains that affect material or individual rights or well-being (e.g., healthcare).
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To perform, promote or facilitate dangerous, illegal or malicious activities, including:
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promoting or facilitating the sale of, or providing instructions for synthesizing or accessing, illegal substances, goods or services;
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abusing, harming, interfering, or disrupting any services, including generating or distributing content for deceptive or fraudulent activities or malware;
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generating or distributing any content that infringes, misappropriates, or otherwise violates any individual’s or entity’s rights (including, but not limited to rights in copyrighted content); or
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attempting to circumvent these Terms.
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To train or create machine learning models or related technology for biomolecular structure prediction similar to AlphaFold 3 as made available by Google ("Derived Models"), including via distillation or other methods**.** For the avoidance of doubt, the use restrictions set out in these Terms would apply in full to any Derived Models created in breach of these Terms.
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Without providing conspicuous notice that published or distributed Output is provided under and subject to these Terms and of any modifications you make to Output.
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This means if you remove, or cause to be removed (for example by using third-party software), these Terms, or any notice of these Terms, from Output, you must ensure further distribution or publication is accompanied by a copy of the AlphaFold 3 Output Terms of Use and a "Legally Binding Terms of Use" text file that contains the following notice:
"By using this information, you agree to AlphaFold 3 Output Terms of Use found at https://github.com/google-deepmind/alphafold3/blob/main/OUTPUT_TERMS_OF_USE.md.
To request access to the AlphaFold 3 model parameters, follow the process set out at https://github.com/google-deepmind/alphafold3. You may only use these if received directly from Google. Use is subject to terms of use available at https://github.com/google-deepmind/alphafold3/blob/main/WEIGHTS_TERMS_OF_USE.md."
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You must not include any additional or different terms that conflict with the AlphaFold 3 Output Terms of Use.
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Distribute Output, or disclose findings arising from using AlphaFold 3 without citing our paper: Abramson, J et al. Accurate structure prediction of biomolecular interactions with AlphaFold 3. Nature (2024). For the avoidance of doubt, this is an additional requirement to the notice requirements set out above.
We grant you a non-exclusive, royalty-free, revocable, non-transferable and non-sublicensable (except as expressly permitted in these Terms) license to any intellectual property rights we have in Output to the extent necessary for these purposes. You agree that your right to use and share Output is subject to your compliance with these Terms. If you breach these Terms, Google reserves the right to request that you delete and cease use or sharing of Output in your possession or control and prohibit you from using the AlphaFold 3 Assets (including as made available via AlphaFold Server). You agree to immediately comply with any such request.
Nothing in these Terms restricts any rights that cannot be restricted under applicable law or limits Google’s responsibilities except as allowed by applicable law.
Output are provided on an "as is" basis, without warranties or conditions of any kind, either express or implied, including 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 or distributing any of the Output and assume any and all risks associated with your use or distribution of any Output and your exercise of rights and obligations under these Terms. You and anyone you share Output with are solely responsible for these and their subsequent uses.
Output are predictions with varying levels of confidence and should be interpreted carefully. Use discretion before relying on, publishing, downloading or otherwise using Output.
Output are for theoretical modeling only. These are not intended, validated, or approved for clinical use. You should not use these for clinical purposes or rely on them for medical or other professional advice. Any content regarding those topics is provided for informational purposes only and is not a substitute for advice from a qualified professional.
To the extent allowed by applicable law, you will indemnify Google and its directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of Output or violation of these Terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees, except to the extent a liability or expense is caused by Google's breach, negligence, or willful misconduct. If you are legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under these terms.
In no circumstances will Google be responsible for any indirect, special, incidental, exemplary, consequential, or punitive damages, or lost profits of any kind, even if Google has been advised of the possibility of such damages. Google’s total, aggregate liability for all claims arising out of or in connection with these Terms or Output, including for its own negligence, is limited to $500.
These Terms will be governed by the laws of the State of California. The state or federal courts of Santa Clara County, California shall have exclusive jurisdiction of any dispute arising out of these Terms.
Given the nature of scientific research, it may take some time for any breach of these Terms to become apparent. To the extent allowed by applicable law, any legal claims relating to these Terms or Output can be initiated until the later of (a) the cut-off date under applicable law for bringing the legal claim; or (b) two years from the date you or Google (as applicable) became aware, or should reasonably have become aware, of the facts giving rise to that claim. You will not argue limitation, time bar, delay, waiver or the like in an attempt to bar an action filed within that time period, and neither will we.
All rights not specifically and expressly granted to you by these Terms are reserved to Google. No delay, act or omission by Google in exercising any right or remedy will be deemed a waiver of any breach of these Terms and Google expressly reserves any and all rights and remedies available under these Terms or at law or in equity or otherwise, including the remedy of injunctive relief against any threatened or actual breach of these Terms without the necessity of proving actual damages.
Google may update these Terms (1) to reflect changes in how it does business, (2) for legal, regulatory or security reasons, or (3) to prevent abuse or harm. The version of these Terms that were effective on the date the relevant Output was generated will apply to your use of that Output.
If it turns out that a particular provision of these Terms is not valid or enforceable, this will not affect any other provisions.