# Modular releases MAX source code under new MAX license

> **Key takeaway:** Modular has made the full MAX source tree available under a 'source available' license that permits commercial use but restricts AI re-implementation and hosted inference services.

**Published:** 2026-10-22T18:32:34+00:00 
**Source:** Phoronix Benchmarks & Drivers 
**Category:** kernel-os 
**Canonical URL:** https://fosswire.org/news/modular-releases-max-source-code-under-new-max-license.html 

## Summary
Following the open-sourcing of the Mojo language, Modular has released the complete source tree for its MAX software as part of the MAX 26.7 release. The MAX graph compiler, runtime, and device extensibility hooks are now available under a new MAX license. While the license allows for fee-free commercial product distribution, it prohibits certain uses to prevent software fragmentation.

## The constraints of the MAX license
- The release includes the **MAX graph compiler**, **MAX runtime**, and **device extensibility hooks**.
- The license is categorized as **source available** rather than traditional open-source.
- **Permitted**: Building and distributing commercial products without fees or royalties.
- **Prohibited**: AI-assisted re-implementations of MAX, commercial hosted inference services based on MAX, and the publication or distribution of modified source code.

## Why it matters
The move aims to encourage innovation and upstream contributions while preventing the creation of incompatible, fragmented versions of the MAX software foundation.