Modular MAX Community License
Last Modified: August 18, 2026

These Modular MAX Community License terms (these "Terms") are entered into by
and between Modular Inc ("Modular") and the individual or entity agreeing to
these Terms (as part of "You" and “Your” as defined in the Terms). These Terms
govern Your use of the MAX software development kits (“MAX”).

1. LICENSE GRANT.

1.1 MAX SDK Limited Source License. Conditioned upon Your compliance with these
Terms (including the Attribution and Additional Requirements as provided below),
Modular hereby grants You a perpetual, worldwide, non-exclusive, no-charge,
royalty-free license to (a) reproduce and prepare Derivative Works; (b) publicly
display and publicly perform Derivative Works in object code form; (c)
sublicense and distribute Derivative Works in object code form; and/or (d) use
accompanying MAX Documentation provided by Modular (“Documentation”) solely
internally for the purposes of (a) and (b) above.

    1.1.1 Derivative Works. "Derivative Work" means any work, whether in source
    or object form, that is based on (or derived from) MAX and for which the
    editorial revisions, annotations, elaborations, or other modifications that
    represent, as a whole, an original work of authorship;

    1.1.2 Downstream License for Derivative Works (Object Code Only). The terms
    under which You distribute Derivative Works must be consistent with the
    terms of this Agreement, including (without limitation) terms relating to
    the license grant and license restrictions and protection of Modular’s
    intellectual property rights;

    1.1.3. Display of Terms. These Terms shall be conspicuously displayed (such
    as via a “Notice” text file distributed in the top-level directory as part
    of such Derivative Works) in each copy of a Derivative Work;

    1.1.4 Attribution. You must prominently display the following notice
    alongside the distribution of any Derivative Works: “MAX is licensed by
    Modular Inc under the Modular MAX Community License and has been modified by
    [You]. Copyright Modular Inc IN NO EVENT SHALL MODULAR INC BE LIABLE FOR ANY
    CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR
    OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH USE OF MAX OR ANY
    DERIVATIVE WORK THEREOF.”

1.2 MAX Application Development License. In addition to Your license to use the
MAX SDK pursuant to Section 1.1, certain portions of the MAX SDK may be
redistributed as part of an application You develop (“Application”) as a result
of your authorized use of the MAX SDK. Conditioned upon Your compliance with
these Terms, Modular hereby grants to You the limited right to redistribute
certain components of MAX as part of Your Applications, in object code form,
subject to the conditions and limitations set forth below and the Application
Distribution Requirements. You shall only redistribute the Redistributable
Components as expressly permitted in these Terms and in the Documentation, in
accordance with the Application Distribution Requirements.

    “Application Distribution Requirements” means each of the following
    requirements:

    (a) The Application must have material additional functionality, beyond the
    included portions of MAX;

    (b) The terms under which You distribute an Application must be consistent
    with the terms of these Terms, including (without limitation) terms relating
    to the license grant and license restrictions and protection of Modular’s
    intellectual property rights;

1.3 Additional Requirements.

    (a) You shall preserve and not obscure any proprietary notices, labels, and
    marks provided by Modular in MAX, Derivative Works of MAX, Redistributable
    Components, and Documentation;

    (b) You agree to notify Modular in writing of any known or suspected
    violation of these Terms and to reasonably enforce the terms of a Derivative
    Work or an Application. If You receive MAX in original or modified form from
    any third party, You agree and accept that these Terms are still binding
    upon You.

    (c) You shall not misrepresent or imply, through any means, that a
    Derivative Work is a product of Modular or have been endorsed, approved, or
    validated by Modular.

    (d) You shall not use MAX, or any portion of it, as training data,
    fine-tuning data, or input to any AI system in order to produce software
    that reimplements or substitutes for MAX. is prohibited, whether or not it
    contains literal copies of MAX. This does not restrict using AI tools to
    read, analyze, improve, or explain MAX, or to develop Your own software that
    runs on or interoperates with MAX.

1.4 Separately Licensed Components. Portions of MAX have been made available
under the Apache License, Version 2.0 with LLVM Exception or under other
separate license terms, as identified in the LICENSE file or license header
accompanying each such component. Those terms govern those components, and
control over these Terms in the event of any conflict. Nothing in these Terms
revokes, narrows, conditions or otherwise modifies any right granted under any
such separate license.

1.5 Patent License. Conditioned upon Your compliance with these Terms, Modular
hereby grants to You a perpetual, worldwide, non-exclusive, no-charge,
royalty-free, irrevocable (except as stated in this section) patent license to
make, have made, use, offer to sell, sell, import, and otherwise transfer MAX as
delivered to You by Modular. If You institute patent litigation against any
entity (including a cross-claim or counterclaim in a lawsuit) alleging that MAX
constitutes direct or contributory patent infringement, then any patent licenses
granted to You under these Terms shall terminate as of the date such litigation
is filed.

2. USAGE DATA; PERSONAL INFORMATION.

2.1 Usage Data. You acknowledge and understand that Your use of MAX may be
subject to the collection of certain telemetry, usage, and other data which
captures Your interactions with and use of MAX (collectively, the "Usage Data").
You agree that Modular and its affiliates may freely use, modify, copy, and/or
distribute the Usage Data for any purpose, including but not limited to
improving MAX or any other component or aspect of Modular's and/or its
affiliates’ products. As between the parties, You acknowledge that Modular owns
all right, title, and interest in and to the Usage Data and may use it for any
legitimate purpose, including but not limited to the purposes of improving MAX
or any other component or aspect of the Modular Platform.

2.2 Personal Information. Any collection, storage, or use of Your personal
information is governed by Modular’s Privacy Policy
(<https://www.modular.com/legal/privacy>).

3. OWNERSHIP; FEEDBACK; TRADEMARK LICENSE.

3.1 Ownership. Modular retains all right, title, and interest in and to MAX and
including but not limited to Redistributable Components, including all
intellectual property rights therein. Other than as explicitly stated in these
Terms, no other rights are granted to MAX.

3.2 Feedback. If You share any suggestions, recommendations, or changes to MAX
or the Documentation, including without limitation, new features or
functionality relating thereto, or any comments, questions, suggestions, or the
like (collectively, “Feedback”), Modular and its affiliates are free to use such
Feedback without any restriction, obligation, or compensation to You.

3.3 Trademark License. If You (a) are a legal entity, and (b) commercially
deploy MAX as a hosted or managed AI training or inference service to other
legal entities (“Authorized Product”), You shall use the Powered by Modular word
mark and/or logo, or any other word mark and/or logo that may be designated by
Modular (collectively, the “Marks”), in connection with the Authorized Product.
You shall download the Marks from the website to be designated by Modular (the
“Brand Portal”) and agree to any applicable terms of use (the “Brand Portal
Terms of Use”). You shall adhere to all usage and marking requirements set forth
in the brand guidelines for the Marks on the Brand Portal, which may be revised
from time to time in Modular’s sole discretion (the “Brand Guidelines”). You
shall submit all materials bearing the Marks to Modular via the Brand Portal or
<usage@modular.com> and shall obtain Modular’s written approval prior to any use
thereof. Modular may withhold its consent or cancel prior authorization for use
of the Marks if the proposed usage violates the Brand Portal Terms of Use and/or
Brand Guidelines. Upon termination of or cessation of deployment of the
Authorized Product, Your obligations under this Section 3.3 shall terminate, and
You shall immediately discontinue all use of the Marks and any logos, marks, or
terms confusingly similar thereto. Nothing herein shall be construed as a grant
of a license or any other rights with respect to Modular’s or its affiliates’
trademarks, word marks, service marks, logos, trade dress, or other branding.

4. SUPPORT AND UPDATES. Modular is not obligated to provide any support,
patches, fixes or updates for MAX. However, Modular may, at its sole
discretion, provide updates, patches, fixes or support at any time.

5. TERMINATION. You may terminate these Terms by ceasing all use of MAX and any
Documentation. Modular may terminate these Terms upon Your material breach of
any provision.

6. WARRANTY DISCLAIMER. MAX AND ANY DOCUMENTATION ARE PROVIDED "AS IS" AND TO
THE EXTENT PERMITTED BY APPLICABLE LAW, MODULAR MAKES NO OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU
ACKNOWLEDGE AND AGREE THAT THE USE OF MAX IS AT YOUR OWN RISK, AND MODULAR
DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY,
RELIABILITY, OR COMPLETENESS OF MAX, OR INFORMATION OBTAINED THROUGH MAX.
MODULAR DOES NOT WARRANT OR GUARANTEE THAT MAX WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS FOR ITS APPLICATIONS OR GENERALLY, OR THAT ANY ERRORS OR DEFECTS
IN MAX WILL BE CORRECTED. FURTHERMORE, MODULAR DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
MAX OR THE SUITABILITY OF MAX FOR ANY PARTICULAR PURPOSE. MODULAR MAKES NO
WARRANTIES OR REPRESENTATIONS THAT MAX WILL BE COMPATIBLE WITH YOUR SYSTEMS,
SOFTWARE, OR APPLICATIONS, OR THAT MAX WILL BE SECURE FROM UNAUTHORIZED
ACCESS, HACKING, OR OTHER POTENTIAL SECURITY THREATS. MODULAR DISCLAIMS ANY
LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF MAX. YOU ASSUME ALL
RISKS AND RESPONSIBILITIES FOR USING MAX TO ACHIEVE YOUR INTENDED RESULTS AND
FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM MAX. ADDITIONALLY,
VERSIONS OF MAX IDENTIFIED AS ‘PREVIEW VERSIONS’ MAY HAVE ADDITIONAL BUGS OR
DESIGN FLAWS. MODULAR MAKES NO WARRANTIES ABOUT THE PREVIEW VERSIONS
WHATSOEVER, AND YOUR USE OF MAX IN COMMERCIAL, PRODUCTION ENVIRONMENTS IN
VIOLATION OF THIS AGREEMENT IS AT YOUR OWN RISK.

7. INDEMNIFICATION. You shall defend, indemnify and hold harmless Modular, its
affiliates and their respective officers, directors, employees, agents and
representatives from any and all third party claims, damages, liabilities, costs
and fees (including reasonable attorneys’ fees) arising from: (i) Your material
breach of these Terms; or (ii) an allegation that any Application or Derivative
Work violates, misappropriates, or infringes any third party intellectual,
contractual or proprietary right.

8. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL MODULAR OR ITS LICENSORS BE RESPONSIBLE OR LIABLE WITH RESPECT TO
ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR OTHER THEORY FOR: (I) LOSS OR INACCURACY OF DATA OR COST OF
PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY; OR (II) ANY INDIRECT,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF
REVENUES OR PROFITS; (III) ANY MATTER BEYOND ITS REASONABLE CONTROL; OR (IV) ANY
AMOUNT IN THE AGGREGATE OVER $100. SOME JURISDICTIONS DO NOT ALLOW CERTAIN
WARRANTY DISCLAIMERS OR LIMITATIONS ON LIABILITY. ONLY DISCLAIMERS OR
LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU,
AND MODULAR’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9. CHANGES TO THESE TERMS. The version of these Terms that accompany, or is
displayed at the time of download or installation of, a given release of MAX
governs Your use of such release. Modular may modify these Terms from time to
time. Each version of these Terms will be identified by a Last Modified date
(the “Effective Date”), posted at <https://www.modular.com/legal/community>.
Modified Terms shall apply to releases of MAX made available on or after the
Effective Date. By downloading, installing, or using any release of MAX made
available on or after the Effective Date, You accept those modified Terms.
Notwithstanding the foregoing, you may continue to use a version of MAX under
the terms of that license that applied when you downloaded that version unless
that license was terminated for material breach under Section 5.
