MAX License

Last Modified: October 21, 2026


These MAX License terms (these "Terms") are entered into by and between Modular Inc, a Qualcomm Company ("Modular") and the individual or entity agreeing to these Terms ("You" or “Your”). 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 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, including editorial revisions, annotations, elaborations, or other modifications. 

1.1.2 Downstream License for Derivative Works (Object Code Only). You may license Your Derivative Work under terms of Your choosing, provided that (a) Your distribution of the Derivative Work complies with these Terms and (b) any portion of MAX contained in the Derivative Work remains subject to these Terms. 

1.1.3 Display of Terms. Any Derivative Works that You distribute must include a human-readable copy of these Terms.

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. Your Application must have material additional functionality beyond the included portions of MAX. Conditioned upon Your compliance with these Terms, Modular hereby grants to You the limited right to redistribute MAX as part of Your Applications, in object code form, and under terms of Your choosing, provided that the portions of MAX included in Your Application remain subject to these Terms and You include a human-readable copy of these Terms with the distribution of Your Application or in accompanying documentation.

1.3 Contributions. Notwithstanding Section 1.1, You may publish modified Modular source code in a fork (e.g., a copy on GitHub) of Modular’s official repository to contribute to a Modular project. Distribution of object code and Applications remains governed by Sections 1.1 and 1.2.

1.4 Additional Requirements. 

  1. You shall preserve and not obscure any proprietary notices, labels, and marks provided by Modular in MAX, Derivative Works of MAX, redistributed versions of MAX, and Documentation;
  2. 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. 
  3. You shall not misrepresent or imply, through any means, that a Derivative Work is a product of Modular or has been endorsed, approved, or validated by Modular.
  4. 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, 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.

1.5 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. 

1.6 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. 

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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).

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3. OWNERSHIP; FEEDBACK; TRADEMARK LICENSE.

3.1 Ownership. Modular retains all right, title, and interest in and to MAX, including all intellectual property rights therein. Other than as explicitly stated in these Terms, no other rights are granted in 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 Modular Accelerated 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. 

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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.

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5. TERMINATION. You may terminate these Terms by ceasing all use of MAX and any Documentation. The rights granted to You under these Terms terminate upon Your material breach of any provision. 

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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.

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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.

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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; (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 accompanies, 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/max-license, or a successor site designated by Modular. 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.

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