Open Source AI-Aware License (OSAIL) v1.0

1. Definitions

“Work” means the software, source code, documentation, and any associated files made available under this License.

“Derivative Work” means any work that is based on, incorporates, modifies, extends, or is otherwise derived from the Work, in whole or in part.

“You” (or “Your”) means any individual or Legal Entity exercising permissions granted by this License.

“Legal Entity” means the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For purposes of this definition, “control” means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

“AI Training” means any process by which all or any portion of the Work or any Derivative Work is used as input data, training data, fine-tuning data, evaluation data, reinforcement learning data, retrieval-augmented generation source material, or any other form of data ingestion for the purpose of developing, training, improving, calibrating, validating, or otherwise informing the behavior of a machine learning model, artificial intelligence system, neural network, large language model, or any comparable automated system, whether or not such system produces outputs that resemble or are derived from the Work.

“Commercial AI Use” means any AI Training where the resulting model, system, product, or service is used, directly or indirectly, to generate revenue, provide paid services, support commercial operations, reduce costs in a commercial enterprise, or is otherwise exploited for financial gain. This includes, without limitation:

(a) offering the trained model or its outputs as a paid product or service;
(b) incorporating the trained model into a product or service that is sold, licensed, or monetized;
(c) using the trained model internally within a for-profit entity to support revenue-generating activities;
(d) offering the trained model through an API, platform, or service for which fees are charged, whether directly or through a subscription, freemium, or advertising-supported model;
(e) using the trained model to generate content, code, media, or other outputs that are sold or commercially distributed.

“Non-Commercial AI Use” means AI Training conducted exclusively for academic research, personal experimentation, education, or nonprofit purposes, where neither the trained model nor its outputs are used for Commercial AI Use as defined above.

2. Grant of Rights

Subject to the terms and conditions of this License, the copyright holder hereby grants You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in Section 5) license to:

(a) use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Work and Derivative Works;
(b) permit persons to whom the Work is furnished to do the same;

subject to the following conditions:

The above copyright notice and this entire License text shall be included in all copies or substantial portions of the Work.

3. Patent Grant

Subject to the terms and conditions of this License, each contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in Section 5) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such contributor that are necessarily infringed by their contribution(s) alone or by combination of their contribution(s) with the Work.

If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License shall terminate as of the date such litigation is filed.

4. AI Training Restriction

4.1 Non-Commercial AI Use — Permitted

Non-Commercial AI Use of the Work and any Derivative Works is permitted without additional obligation, provided that the copyright notice and this License are preserved in any published research, documentation, or model card associated with the resulting model or system.

4.2 Commercial AI Use — Prohibited Without Separate License

Commercial AI Use of the Work or any Derivative Work is expressly prohibited unless You first obtain a separate, written license from the copyright holder authorizing such use. The terms and conditions of such separate license, including any applicable fees, royalties, or other compensation, shall be negotiated in good faith between You and the copyright holder.

4.3 Scope and Anti-Circumvention

This restriction applies regardless of:

(a) the method of ingestion (e.g., direct copying, scraping, crawling, indexing, embedding, caching, or any automated or manual collection);
(b) whether the Work is used in its entirety or in part;
(c) whether the Work is combined with other data or materials;
(d) whether the Work is transformed, tokenized, encoded, compressed, or otherwise preprocessed before ingestion;
(e) whether the AI Training occurs directly by You or by a third party acting on Your behalf or at Your direction;
(f) the number of intermediate steps between the ingestion of the Work and the deployment of the resulting model;
(g) whether an intermediary, data aggregator, data broker, or third-party dataset provider collected or packaged the Work — the obligation to obtain a separate license for Commercial AI Use remains with any party that ultimately uses the Work for AI Training, and ignorance of the Work’s inclusion in a dataset does not constitute a defense against this restriction.

4.4 Downstream Binding

Any person or entity who redistributes the Work or a Derivative Work must preserve this AI Training restriction. Any sublicense, redistribution, or re-licensing of the Work that removes, weakens, or purports to waive the AI Training restriction set forth in this Section 4 is void and constitutes a breach of this License.

5. Termination

5.1 Automatic Termination

All rights granted to You under this License — including copyright, patent, and all other rights — shall automatically and immediately terminate if You engage in Commercial AI Use of the Work or any Derivative Work without having obtained the separate written license required under Section 4.2.

5.2 Effect of Termination

Upon termination:

(a) You must immediately cease all use, distribution, and sublicensing of the Work and any Derivative Works;
(b) termination does not relieve You of liability for any unauthorized Commercial AI Use that occurred prior to termination;
(c) the copyright holder retains all rights to pursue legal remedies, including but not limited to injunctive relief, damages, disgorgement of profits, and recovery of attorneys’ fees;
(d) any sublicenses properly granted by You prior to termination shall survive only if the sublicensee is not in violation of this License.

5.3 Reinstatement

Terminated rights may be reinstated only by express written permission from the copyright holder.

6. Disclaimer of Warranty

THE WORK 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, AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS 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 THE WORK OR THE USE OR OTHER DEALINGS IN THE WORK.

7. Limitation of Liability

IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE WORK, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

8. Governing Law and Dispute Resolution

This License shall be governed by and construed in accordance with the laws of NJ, USA. Any disputes arising under this License shall be resolved in the courts of NJ, USA, and You consent to the personal jurisdiction of such courts.

9. Severability

If any provision of this License is held to be unenforceable or invalid, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

10. Entire Agreement

This License constitutes the entire agreement between the parties with respect to the Work licensed herein and supersedes all prior or contemporaneous understandings regarding such subject matter.

To apply this license to your work, include this file as LICENSE or LICENSE.md in the root of your project, and replace 2026, Sina Hazeghi, and NJ, USA with the appropriate values.