nuScenes, nuPlan, nuImages, and nuReality Terms of Use Non-Commercial Use nuScenes, nuPlan, nuImages, and nuReality are leading datasets for Autonomous Vehicles (AVs) and are available for non-commercial use subject to the Terms of Use below. Terms of Use These terms were last updated on Nov 16, 2021 Description Motional AD Inc. and its affiliates (hereinafter "Motional") strive to enhance public access to and use of data that it collects and publishes. The data are organized in datasets (the “Datasets”) listed at nuScenes.org and nuReality.org (the “Websites”). The Datasets are collections of data, managed by Motional and provided in a number of machine-readable formats. Motional provides any individual or entity (hereinafter You” or “Your”) with access to the Datasets free of charge subject to the terms of this agreement (hereinafter “Dataset Terms”). Use of any data derived from the Datasets, which may appear in any format such as tables and charts, is also subject to these Dataset Terms. Licenses Unless specifically labeled otherwise, these Datasets are provided to You under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Public License (“CC BY-NC-SA 4.0”), with the additional terms included herein. The CC BY-NC-SA 4.0 may be accessed at https://creativecommons.org/licenses/by-nc-sa/4.0/legalcode When You download or use the Datasets from the Websites or elsewhere, You are agreeing to comply with the terms of CC BY-NC-SA 4.0 as applicable, and also agreeing to the Dataset Terms. Where these Dataset Terms conflict with the terms of CC BY-NC-SA 4.0, these Dataset Terms shall prevail. Exceptions for some third-party data Some datasets and indicators are provided by third parties and may not be redistributed or reused without the consent of the original data provider, or may be subject to terms and conditions that are different from those described above. Where applicable, these conditions are included in the dataset or indicator metadata. Comments Motional encourages You to share your suggestions and ideas for using or facilitating access to the Datasets with Motional. If You wish to make other comments, please contact us by sending an email to nuScenes@motional.com. Privacy Please see our Privacy Policy for more details. If You have any privacy concerns, including to remove your name or other personal information, you may use the form at the Takedown Request page. No endorsement You may not publicly represent or imply that Motional is participating in, or has sponsored, approved, or endorsed the manner or purpose of Your use or reproduction of the Datasets without prior written consent from Motional. Motional may prosecute, to the fullest extent of the law, any use of Datasets in a manner that falsifies, misrepresents, disparages, or fraudulently uses the Datasets. No association You may not use the name, any trade-mark, official mark, official emblem, or logo of Motional, or any of its other means of promotion or publicity, without Motional's prior written consent nor in any event to represent or imply an association or affiliation with Motional. Termination Motional may terminate Your access to all or any part of the Datasets or the Websites at any time, with or without cause, with or without notice, effective immediately. If You wish to terminate Your account on the Websites, You may notify Motional at nuScenes@motional.com. All provisions of the Dataset Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Warranties THE DATASETS AND WEBSITES (INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MODIFICATIONS OF ORIGINAL DATASETS POSTED ON THE WEBSITES) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, MOTIONAL DOES NOT WARRANT THAT: (A) THE CONTENT OR MODIFICATIONS TO THE DATASET ARE TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT IN THEIR POSTED FORMS AT THE WEBSITES; (B) THE WEBSITES WILL BE SECURE; (C) THE WEBSITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (E) THE WEBSITES, CONTENT OR ANY MODIFICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (F) THE RESULTS OF USING THE WEBSITES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITES, THE DATASETS, AND ANY CONTENT IS SOLELY AT YOUR OWN RISK. Limitation of liability IN NO EVENT SHALL MOTIONAL AND ITS AFFILIATES, OR THEIR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE WEBSITES, THE DATASETS, OR ANY CONTENT OR USER SUBMISSIONS (I) FOR ANY DIRECT DAMAGES, OR (II) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. Indemnification You will indemnify and hold Motional harmless from and against any and all loss, cost, expense, liability, or damage, including, without limitation, all reasonable attorneys’ fees and court costs, arising from (i) Your use or misuse of the Websites or the Datasets; (ii) Your access to the Websites; (iii) Your violation of the Dataset Terms; or (iv) infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity, including but not limited to infringements upon any and all representations made by You in this Agreement. Such losses, costs, expenses, damages, or liabilities shall include, without limitation, all actual, general, special, and consequential damages. Dispute Resolution You and Motional agree that any cause of action arising out of or related to the Datasets must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. These Terms of Use shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts (excluding the conflict of laws rules thereof). All disputes under these Dataset Terms will be resolved in the applicable state or federal courts of Massachusetts. You consent to the jurisdiction of such courts and waive any jurisdictional or venue defenses otherwise available. Integration and severability This Agreement is the entire agreement between You and Motional with respect to the Datasets and use of the Websites and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between You and Motional with respect to the Websites (but excluding the use of any third-party software, widgets, and applications that may be subject to a separate end-user license agreement). If any provision of the Dataset Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Dataset Terms will otherwise remain in full force and effect and enforceable. Miscellaneous Motional may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Dataset Terms and neither party has any authority of any kind to bind the other in any respect outside the specified terms of this Agreement. In any action or proceeding to enforce rights under the Dataset Terms, the prevailing party will be entitled to recover costs and attorneys’ fees. These Dataset Terms may be amended by Motional from time to at our sole discretion. Please periodically review the controlling version of these Dataset Terms. By continuing to use the Datasets subsequent to Motional making available an amended version of these Dataset Terms, You acknowledge, agree and consent to such amendment. You agree that it is solely Your responsibility to comply with all applicable laws with regard to Your use or publication of the Datasets, including any applicable privacy, data protection, security, and export laws. You agree to take reasonable steps to assist Motional in fulfilling responsibilities to comply with applicable laws with regard to use or publication of Datasets. ======================================================================= Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Public License By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Public License ("Public License"). To the extent this Public License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions. Section 1 -- Definitions. a. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image. b. 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For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information. 3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable. b. ShareAlike. In addition to the conditions in Section 3(a), if You Share Adapted Material You produce, the following conditions also apply. 1. The Adapter's License You apply must be a Creative Commons license with the same License Elements, this version or later, or a BY-NC-SA Compatible License. 2. You must include the text of, or the URI or hyperlink to, the Adapter's License You apply. You may satisfy this condition in any reasonable manner based on the medium, means, and context in which You Share Adapted Material. 3. 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