WarmSwap Source-Available License, Version 1.0
Copyright (c) 2026 Masih Moloodian. All rights reserved.

This is not an open-source licence. The source is published so that it can be read,
audited and evaluated. Running it in production requires a separate written agreement
with the Licensor and a Certificate issued by the Licensor for the deployment in
question.

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1. DEFINITIONS

"Licensor" means Masih Moloodian, the copyright holder.

"Software" means the WarmSwap source code, documentation, evaluation harness,
evidence bundles and any other material in this repository, together with any
modification or derivative work of it.

"You" means the individual or legal entity exercising rights under this Licence,
including every entity that controls, is controlled by, or is under common control
with you.

"Evaluation Use" means running the Software internally to assess it: reading the
source, building it, running its tests, running its evaluation harness, and
operating it against workloads that are not served to third parties and that carry
no production, commercial or operational dependency.

"Production Use" means any use that is not Evaluation Use. It includes, without
limitation: serving any request from a third party or from a customer-facing system;
operating the Software as part of a hosted, managed or embedded service; using it in
any revenue-generating activity; and any internal use on which an operational
commitment depends.

"Certificate" means a signed artefact issued by the Licensor, or issued by a process
the Licensor has authorised in writing, attesting that a specific deployment tuple
(hardware, driver, runtime engine, model revision and execution configuration) has
been evaluated by the Licensor's certification process.

"Commercial Licence" means a separate written agreement, signed by the Licensor,
granting rights beyond this Licence.

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2. GRANT

Subject to your compliance with this Licence, the Licensor grants you a worldwide,
royalty-free, non-exclusive, non-transferable, non-sublicensable and revocable
licence to:

  (a) reproduce and view the Software;
  (b) compile, install and run the Software for Evaluation Use;
  (c) run the Software's certification and evaluation harness against your own
      hardware, and retain the resulting evidence; and
  (d) create modifications of the Software for Evaluation Use, provided they are
      not distributed.

No other right is granted, by implication, estoppel or otherwise. In particular, and
without limiting section 3, this Licence grants **no patent licence**, no trademark
licence, no right to sublicense, and no right to distribute.

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3. RESTRICTIONS

You may not, without a Commercial Licence signed by the Licensor:

  (a) make any Production Use of the Software;
  (b) distribute, publish, sublicense, sell, rent, lease or otherwise make the
      Software, or any derivative of it, available to any third party, whether or
      not for a fee;
  (c) offer the Software, or any functionality it provides, as a hosted or managed
      service, or embed it in a product or service supplied to a third party;
  (d) remove, obscure or alter any copyright, licence or attribution notice; or
  (e) use the name "WarmSwap", or any Licensor trademark, to endorse, promote or
      name a product or service, except to state factually that a product was
      evaluated with the Software;
  (f) reverse engineer, decompile or disassemble any part of the Software supplied in
      object or compiled form, except to the extent that this restriction cannot be
      excluded under applicable law (including, where it applies to you, Article 6 of
      Directive 2009/24/EC or its national implementations), and then only to the
      extent that law permits; or
  (g) use the Software to develop a product or service that competes with it, or to
      train any model on its source code.

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4. CERTIFICATION IS REQUIRED FOR PRODUCTION USE

Production Use requires BOTH:

  (a) a Commercial Licence signed by the Licensor; and
  (b) a valid, unexpired Certificate covering the exact deployment tuple in use.

The Software is designed to refuse native migration where no valid Certificate is
registered. You may not circumvent, disable, forge, alter or otherwise defeat that
mechanism, the execution-fingerprint check, or any certificate validity, scope or
expiry check. Doing so terminates this Licence immediately.

Certificates are issued per deployment tuple and expire. A change to the hardware,
driver, runtime engine, model revision or execution configuration produces a
different tuple and requires a new Certificate.

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5. EVIDENCE AND PUBLICATION

You may publish measurements you obtain from the Software, provided you state the
deployment tuple they were measured on, the version of the Software used, and
whether a valid Certificate was registered at the time. The Licensor does not
restrict honest publication of results, including unfavourable ones.

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6. THIRD-PARTY COMPONENTS

The Software runs with, and its container image installs, third-party software under
its own licences — including vLLM, PyTorch, transformers, FastAPI, uvicorn, pydantic,
NumPy and others listed in THIRD_PARTY_NOTICES.md. Those components are licensed to you
by their own licensors under their own terms, not by this Licence, and nothing here
restricts rights you have under them. Model weights are not distributed with the
Software and carry their own licences.

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7. OWNERSHIP

The Software is licensed, not sold. The Licensor retains all right, title and
interest in and to the Software, including all intellectual property rights.
Feedback you provide may be used by the Licensor without obligation to you.

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8. COMPLIANCE, EXPORT AND GOVERNMENT USE

You are responsible for complying with all applicable export control and sanctions
laws, and you may not use or make the Software available where doing so would breach
them. If you are a government entity, or acquire the Software on behalf of one, it is
supplied as commercial computer software with no rights beyond those in this Licence.

On reasonable written notice and no more than once in any twelve months, the Licensor
may ask you to certify in writing that your use complies with this Licence, and to
identify the deployment tuples on which you run the Software.

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9. TERM AND TERMINATION

This Licence applies for as long as you comply with it. It terminates automatically
and immediately if you breach any term. On termination you must cease all use of the
Software and destroy all copies in your possession. Sections 3, 6, 7, 8, 10, 11 and 12
survive termination.

You acknowledge that a breach of section 3 or section 4 may cause the Licensor harm that
damages alone cannot remedy, and that the Licensor may seek injunctive or other equitable
relief in addition to any other remedy available, without needing to post security.

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10. NO WARRANTY

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

A Certificate is a record of measurements taken under stated conditions. It is not a
warranty, guarantee or service-level commitment, and it does not transfer any
operational risk to the Licensor.

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11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LICENSOR SHALL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR
ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATED TO THIS
LICENCE OR THE SOFTWARE. THE LICENSOR'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED
THE GREATER OF THE AMOUNTS YOU PAID THE LICENSOR IN THE TWELVE MONTHS PRECEDING THE
CLAIM, OR ONE HUNDRED US DOLLARS (USD 100).

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12. GENERAL

This Licence is the entire agreement between you and the Licensor regarding the
Software, and supersedes any prior understanding. If any provision is held
unenforceable, it shall be limited to the minimum extent necessary and the remainder
stays in force. Failure to enforce a provision is not a waiver of it. You may not
assign this Licence without the Licensor's prior written consent.

This Licence covers every file in this repository unless a file states otherwise.

Governing law and exclusive venue: **[INCOMPLETE — THE LICENSOR MUST NAME A JURISDICTION
HERE BEFORE RELYING ON THIS LICENCE.]** Without it, which country's law applies and where
a dispute is heard are open questions, decided by rules that may not favour the Licensor.

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HOW TO OBTAIN A COMMERCIAL LICENCE OR A CERTIFICATE

See COMMERCIAL.md in this repository.
