(2) “Critical harm” does not include any of the following:
(A) Harms caused or materially enabled by information that a covered model or covered model derivative outputs if the information is otherwise reasonably publicly accessible by an ordinary person from sources other than a covered model or covered model derivative.
(B) Harms caused or materially enabled by a covered model combined with other software, including other models, if the covered model did not materially contribute to the other software’s ability to cause or materially enable the harm.
(C) Harms that are not caused or materially enabled by the developer’s creation, storage, use, or release of a covered model or covered model derivative.
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