──────────────────────────────────────────────────────────────────────── ConsumerEconomy License Version 1.00 – July 2025 (“CEL-1.00”) ──────────────────────────────────────────────────────────────────────── PREAMBLE Except as expressly allowed by the personal-use carve-out in § 2(a)(ii), any act of loading, storing, or executing the Work on hardware that fails the Consumer-Hardware Instance (“CHI”) criteria in Appendix A is **outside the scope** of every copyright and patent license granted herein; the copy created in RAM, cache, or persistent storage on such Non‑CHI hardware therefore constitutes an **unlicensed copy** under 17 U.S.C. § 106(1) and equivalent international provisions. This License is both **(a) a binding contract** **and** **(b) a copyright and patent license** under 17 U.S.C. § 106 and analogous laws worldwide, and all hardware- and service-use limits set forth herein—including those in Appendix A and Section 6— are **intended** as express conditions of the § 106 grant, **to the maximum extent permitted by law,** **and** independent, material **contractual covenants**, enforceable even if a court were to hold them outside the scope of exclusive rights. **Breach of any such restriction** (i) immediately creates infringement liability, (ii) automatically terminates all licenses granted herein, and (iii) constitutes a material breach of contract **entitling the Author to pursue all remedies available under copyright law and contract law**, including injunctive, specific‑performance, or other equitable relief. **The parties *expressly stipulate* that any breach of the Hardware Covenants presumptively causes irreparable harm; equitable relief may therefore issue without proof of monetary damage or posting of bond.** The parties acknowledge that compliance with the CHI criteria is a fundamental premise of the Author’s consent to any act governed by 17 U.S.C. § 106 or EU Directive 2009/24/EC. The purpose of the ConsumerEconomy License is to keep advanced computational tools in the hands of ordinary people. It therefore (i) forbids inference on any hardware that fails the Consumer‑Hardware Instance (“CHI”) criteria in Appendix A—regardless of where that hardware is physically located—**except for the limited personal‑use carve‑out in § 2(a)(ii)**—while still permitting CHI hardware to reside in a data‑centre or other managed environment, (ii) requires every downstream copy to preserve these same rules verbatim, (iii) lets Authors incorporate material carrying mandatory Creative‑Commons or similar terms, and (iv) lets the original Author issue later CEL versions if (and only if) needed for continued compatibility with equally or more protective licenses. This license is intentionally more restrictive than any Free/Libre/Open‑Source definition; do **not** assume GPL‑compatibility. **Recital P-4 (Transparency & Privacy).** Publication of device serial numbers is a transparency safeguard aimed at preventing hardware hoarding. Because serials ordinarily do **not** identify natural persons, they are *not* personal data in most contexts; if, and only if, a mandatory privacy statute says otherwise, the audited-hash fallback in Appendix C-1 applies. **CEL is not an open‑source license.** ACCEPTANCE. You form a binding contract under this License when you (a) click an “I Agree” (or equivalent) button **or** (b) **download, install, compile, execute, or otherwise use** any part of the Work *after* (i) having been shown, immediately adjacent to the download or run action **or, for physical media, on the external packaging**, a clear hyperlink or scroll box containing **both** (A) this License **and** (B) the Summary, and (ii) having had a reasonable opportunity to review it. Distributors must present such link or scroll box; click‑wrap is required whenever technically and commercially practicable. Due to the literal 'agency' of AI software run on long work, schedule, etc, such software and/or software including such software, is most robust when hosted by the inherent resilience, resourcefulness, and diverse security practices, of individuals. The reliability of Amateur Radio largely without so much as strong authentication is a very long track record testament to that. Unfortunately, because larger AI models, such as AI Large Language Models (AI LLMs), need for practical use, quantities of relatively inexpensive VRAM, etc, hardware, just slightly, not orders of magnitude nor otherwise prohibitively technically difficult, above availability on much consumer priced computing hardware (ie. 48GB,80GB,160GB,512GB instead of 24GB), and such larger AI models also only pass small amounts of text between very complex software, neither hardware nor software availability may be protected by traditional 'redistribute source code' obligations. The hope here is to encourage compatibility with consumer hardware, or at least not expand the relative market for non-consumer hardware, while publishing sufficient comprehensive software technology for practical uses with at least entry-level efficiency, to promote the fundamental right for new entrants to willingly join the productive economy, etc. The spirit of this license is in the short term to encourage the use and availability of the consumer economy for computing, etc, which makes all of that resilient, resourceful, diverse, robustness, possible. Longer term, the spirit of this license is the benefits of equal Universal Basic Income, and post-scarcity, etc. These limitations are technology-safety measures, not supplier-exclusive restraints, and they apply equally to all market participants. The principal objective is to ensure that any individual can run the Work on ordinary consumer hardware. Small, low-MAU services are tolerated only to the extent expressly allowed below. **Filename Equivalence.** Wherever this License (including its Appendices) refers to a file named LICENSE-CEL-1.00.md or SUMMARY-CEL-1.00.md, the requirement is equally satisfied by the corresponding file with a .txt extension—i.e.: LICENSE-CEL-1.00.txt or SUMMARY-CEL-1.00.txt—provided the content matches its Markdown counterpart save only for variation in line-ending style (LF vs CRLF). **Recital T (No Admission).** Nothing in this License shall be interpreted as an acknowledgement that machine-learning training invariably creates a derivative work under copyright. The contractual status of a Training-Only Output under § 5.2-ter is stipulated **without prejudice** to any party’s legal theory about transformative use. ──────────────────────────────────────────────────────────────────────── 1. DEFINITIONS ──────────────────────────────────────────────────────────────────────── - **1​.​1 “Work”** The software, model, dataset, or other copyrightable material distributed under CEL-1.00. - **1​.​2 “Author”** The natural person(s) who first placed the Work under CEL-1.00 or any later CEL version. Where “Author”, “Licensor”, and “Contributor” appear together, “Author” controls. - **1​.​3 “Contributor”** Any party that submits a copyrightable Contribution accepted into the Work. - **1​.​4 “You” or “Your”** The individual or legal entity exercising rights under this License. - **1​.​5 “Consumer-Hardware Instance” (“CHI”)** A single physical or virtual computer that simultaneously meets **all** requirements in Appendix A. - **1​.​6 “Service”** Making the Work available for interactive use by anyone other than You, including SaaS, API, batch, or agentic operation. - **1​.​7 "Monthly Active Users" ("MAU")** The number of unique natural persons who interact—via any interface, including web, mobile, text, voice, or API—with the Service in any rolling 30-day window, counted by any reasonable industry-standard method. - **1​.​8 “Protected Terms”** Sections 1–21 inclusive, all Appendices, and § 7.4 (Entire Agreement). No other text may be designated “Protected Terms” except in a duly published later CEL version that You separately accept under § 10. - **1​.​9 “Upstream-License-Required Terms” (“ULRT”)** Attribution, notice-preservation, share-alike, non-commercial, or similar obligations that a third-party license imposes on material You add to the Work and that cannot legally be waived. - **1​.​10 “Very-Large Actor” (“VLA”)** Any Legal Entity (plus Affiliates) that controls digital services reaching **more than six-hundred-seventy-five million (675 000 000)** Monthly Active Users as measured by any reasonable industry-standard method. - **1​.​11 “Zero-Retention Mode” (“ZRM”)** A processing configuration in which (i) user-supplied or user-generated content is retained only in volatile memory for the minimum time technically necessary to produce and transmit a response, and (ii) such content is categorically excluded from all training, fine-tuning, evaluation, logging, or analytics other than aggregate, irreversible token counts. - **1​.​12 “Licensor”** The Author or any Contributor that distributes the Work under CEL-1.00. - **1​.​13 “Affiliate”** With respect to a party, any entity that directly or indirectly Controls, is Controlled by, or is under common Control with that party, where “Control” means ownership of more than fifty per-cent (50 %) of the voting securities or beneficial ownership of such entity. - **1​.​14 “Legal Entity”** An organisation recognised by law as having separate legal personality, including corporations, partnerships, non-profits, and government agencies. - **1​.​15 “Deployment-Template” (“DT”)** Any virtual-machine image, container, snapshot, scripted installer, Orchestration manifest (e.g., Kubernetes Helm chart), or similar artefact that, once started by a third party, causes the Work to execute with no more than trivial configuration (e.g., setting an API key, model path, or GPU count). - **1​.​16 “OpenRouter”** A public router-style API front-end that allows access to multiple third-party language-model back-ends on a pay-per-token basis, currently available at openrouter.ai. The term is used solely for the CI/CD safe-harbour in § 5.7. - **1​.​17 “Grandfathered CHI”** A specific physical or virtual machine that met **all** Appendix-A tests **and** was already placed into bona-fide production use by You _before_ any later marketing or list-price change that would otherwise disqualify it. Grandfathering is: - (a) device-specific (serial-number or VM image hash); - (b) non-transferable except as part of the same Service; and - (c) revoked once the device is permanently taken out of service or upgraded with a non-qualifying accelerator. - **1​.​18 “Token-Traffic”** The aggregate number of input tokens supplied to, plus output tokens generated by, the Work (or by any external model acting on its behalf) during a stated time window, **after applying the Retry-Batch consolidation in § 1.18-sexies**. - **1​.​18-bis “Training-Only Output” (“TOO”)** Means a machine-learning model produced solely through activities permitted by § 2(a) (training, fine-tuning, evaluation, benchmarking) that: - (i) contains **no** verbatim CEL parameter values, code, prompts, templates, or other expressive content; and - (ii) incorporates at most a *de minimis* statistical imprint of the Work insufficient to permit reconstruction of any such expressive content. - **1​.​18-ter “Aggregate Distribution” (“Aggregate”)** Means the placement or conveyance of one or more CEL-governed files together with one or more independent works on the same storage medium, archive, repository, container image, or similar package **provided that** each work remains separable, carries its own license notice, and no CEL-governed content is compiled, linked, merged, embedded, or otherwise integrated into the independent work. Mere co-location **without** technical integration is Aggregate Distribution. - **1​.​18-quater “Combined Work”** Means any work in which CEL-governed content and another work are compiled, linked, fused, embedded, or otherwise integrated so that they load, execute, or are distributed together as a single model checkpoint, executable, prompt package, or other indivisible deliverable. A Combined Work is **not** an Aggregate Distribution. - **1​.​18-quinquies Indicative Statistical-Imprint Benchmark** *For evidentiary purposes only.* Without prejudice to **Recital T** or to any Party’s substantive position on “transformative use”, the Parties acknowledge that a reproducible audit showing **not more than 0.03 percent (0.03 %) of contiguous, overlapping spans of fifty (50) or more tokens** common to both - (i) outputs of a Model trained on the Work and - (ii) the copyright-protected Training Material *may* constitute probative evidence that such use is transformative. Failure either to satisfy, or to test against, this numerical guideline **shall not** be taken as evidence of non-transformative use, nor shall compliance create any legal presumption, shift any burden of proof, or waive any right, defence, or remedy available under this License or applicable law. - **1​.​18-sexies “Retry Batch” (“RB”)** - **(a) Definition.** A *Retry Batch* is no more than **ten (10)** consecutive invocations, within a single **60-second** window, of the **same *Model Snapshot***—meaning the same provider-published model identifier (including identical major, minor, and patch numbers) **or** a publicly documented **Compatible Alias**—an alias that the provider represents will not introduce *breaking behavioural changes* during the 60-second window—with **identical input tokens**. Differences limited to random-seed or sampling parameters do *not* violate the identity requirement. - **(b) Purpose limit.** All invocations in a Retry Batch must be made solely to sample nondeterministic variance in the model’s decoding process (e.g., random seed, temperature, nucleus sampling, *best_of*). - **(c) Traffic accounting.** For *Token-Traffic* purposes, count only the largest single invocation in the Retry Batch. - **(d) New batch trigger.** Any invocation that falls outside the 60-second window **or** that changes the semantic content of the input tokens starts a new Retry Batch. Trivial whitespace or encoding normalisation is ignored. - **(e) Exclusions.** The consolidation in subsection (c) is **unavailable** if: - (i) a call changes the semantic content of the input; **or** - (ii) outputs other than the consolidated one are disclosed to end users or relied on in production. Retaining extra outputs exclusively for automated evaluation, debugging, or safety review is permitted. - **(f) Anti-evasion.** Artificially fragmenting inputs, chaining Retry Batches, or any other attempt to circumvent this section is a **material breach** governed by § 7.2 *(Anti-Evasion)*. - **1​.​19 “Hardware Covenants”** means the hardware‑ and service‑use restrictions set forth in Appendix A and Section 6. These restrictions are designated both as *express conditions* of the copyright and patent licenses granted herein **and** as *independent, material contractual covenants* enforceable under applicable law. - **1​.​20 “Ombudsperson”** With respect to any Service that is required under § 6.4 to appoint one, an independent natural person - (i) mutually agreed by the Author and the Service operator or, failing agreement within thirty (30) days, selected by the Presiding Officer of the Court of Arbitration for Art and Technology in The Hague; - (ii) unaffiliated with either party; and - (iii) charged with - receiving and triaging user complaints, - chairing Appendix D arbitration panels, and - designating independent hardware-compliance auditors under Appendix D-5. - **1​.​21 “Operational Prompt”** Any system, agentic, chain-of-thought, or other provider-authored instruction that the Service operator supplies **for the purpose of providing the Service to Users other than the authoring natural person**. - **1​.​22 “Personal Prompt”** Any prompt or input authored by a natural person **for that person’s own interaction** with the Service, *including* where the authoring person also happens to be the Service operator or administrator. A Personal Prompt is therefore “user-supplied content” for § 6.7 purposes. - **1​.​23 “Prompt-Integrity”** The property that an end-user’s prompt reaches the model **unaltered by unauthorised parties**. Encrypting, concealing, or otherwise obfuscating prompts or model instructions is **not** Prompt-Integrity protection; it is secrecy. - **1​.​24 “Personal Data”** Information relating to an identified or identifiable natural person, including the Service operator themselves. (Cf. GDPR Art. 4 (1).) - **1​.​25 “Access-Control Prompt”** A discrete sequence of tokens whose principal function is to decide **whether, when, or to what extent** a User (including the Service operator) may obtain particular data, credentials, or functionality under this Service. Examples include rate-limit keys, role-based gating logic, and per-user credential selectors. Disclosure of an Access-Control Prompt would materially weaken the protection it provides. - **1​.​26 “Prompt-Defence Component”** Any prompt, rule-template, fine-tuned or auxiliary model, script, or other instruction whose principal purpose is to **detect, prevent, rate-limit, log, or otherwise mitigate prompt-injection, jailbreak, credential exfiltration, or similar security threats**. A Prompt-Defence Component **must be stored or generated separately** from *Operational Prompts* and **must not be used to produce substantive content** for Users, except ancillary security notices. *Access-Control Prompts* (§ 1.25) and detector strings are subclasses of Prompt-Defence Component. - **1​.​27 “Untrusted External Content”** Any text, code, or data that enters the Service automatically from a source **not controlled by the Service operator or the submitting User**, including but not limited to RSS/Atom feeds, webhook payloads, third-party APIs, cron-job downloads, or chat messages from integrated platforms (e.g., Discord, Slack). Because its provenance is uncertain, it may embed malicious or prompt-injection strings. - **1​.​28 “Non-Inference External Service” (“NIES”)** A third-party API, webhook, email gateway, government portal, or other remote endpoint whose principal function is **not** to perform inference, training, fine-tuning, or evaluation of a language model, but rather to carry out a transactional, administrative, communicative, or *records-retrieval* task—including **AI-curated search, summarisation, ranking, or classification of public or governmental records**—(e.g., submitting documents, processing payments, booking travel, searching public archives). The mere fact that the provider internally uses opaque or proprietary AI to fulfil that task **does not** disqualify it as an NIES, provided the Service operator supplies **no** CEL-governed weights and no prompts beyond the minimal text tokens needed to complete the task. - **1​.​29 “Incidental External Information” (“IEI”)** Any audio, text, image, telemetry, or other data that the Service operator **passively or incidentally** receives from external sources, including machine-generated or AI-generated content, that was **not** expressly solicited or routed for the purpose of performing language-model inference on behalf of the Service operator. - **1​.​30 “Residual Incidental Data” (“RID”)** De-minimis fragments of IEI that (i) were inadvertently stored, embedded, or re-emitted by the Service in the ordinary course of operation, (ii) are not relied upon as a primary source of inference or evaluation, and (iii) whose continued presence does **not** evidence systematic outsourcing of inference to non-consumer hardware. - **1​.​31 “License-Summary File” (“Summary”)** A single-page, human-readable overview of CEL-1.00, published by the Author at [https://raw.githubusercontent.com/mirage335-colossus/ConsumerEconomyLicense/refs/heads/main/SUMMARY-CEL-1.00.md](https://raw.githubusercontent.com/mirage335-colossus/ConsumerEconomyLicense/refs/heads/main/SUMMARY-CEL-1.00.md) . The Author may update the URL by public notice, provided the content remains substantively identical. A copy of that file named `SUMMARY-CEL-1.00.md` (or `.txt`) included verbatim in a distribution is an authoritative Summary. ──────────────────────────────────────────────────────────────────────── 2. COPYRIGHT & PATENT GRANTS ──────────────────────────────────────────────────────────────────────── Subject to the terms and conditions of this License—including the Hardware Covenants in Appendix A and the Service Covenants in Section 6—the Author hereby grants You a worldwide, royalty-free, non-exclusive, irrevocable (except as provided herein) license to exercise all rights the Author may have in the Work under copyright and patent law. **These permissions are granted both as statutory licenses *and* as contractual rights, and every Hardware Covenant and Service Covenant is enforceable on either or both theories, even if a court were to hold that any such covenant lies outside the scope of exclusive rights in 17 U.S.C. § 106 or its international counterparts.** *Patent rights granted here are subject to the detailed terms, including the defensive-termination provision, set forth in Section 3 (Patent Grant).* - **(a)** use the Work for **inference**: - **(i)** on Consumer-Hardware Instances (nothing in this License limits any “essential-step” defence—including 17 U.S.C. § 117(a) (United States), Article 5(1) of Directive 2009/24/EC (EU), s 47B of the Australian Copyright Act 1968, s 30.6 of the Canadian Copyright Act, or analogous rules—when the Work is run on CHI hardware); **or** - **(ii)** on any other hardware or through any third-party inference service, **provided that** - You are the **only human user** of that inference session; - the Token-Traffic under this sub-clause does not exceed **five million (5 000 000)** tokens in any rolling 24-hour period; and - no interactive, on-demand access is offered to anyone else, i.e., the activity is **not** a “Service” under § 1.6. and use the Work for **training, fine-tuning, evaluation, or benchmarking** on any hardware that is **not** concurrently delivering interactive inference to external users, for any lawful personal, academic, **or preparatory-commercial** purpose—including producing model outputs or other artifacts that You may later release under open weights or deploy commercially; - **(b)** modify and create derivative works. For clarity, a **Training-Only Output** is *not* a “Derivative Work” for purposes of the downstream redistribution duties in Section 5, **unless** it embeds CEL-governed content beyond the threshold in § 1.18-bis(ii); - **(c)** copy and redistribute the Work or derivatives, provided Section 5 is satisfied; - **(d)** provide the Work as a Service **only** under Section 6; and - **(e)** use the Work *solely* for temporary benchmarking or automatic system-administration of another computer (e.g., as a “Codex”-like helper on a RunPod instance to bring up fine-tuning software), provided every other CEL term is still met; - **(f) Hardware & Service Limits – Condition Precedent and Covenant.** **Scope-Integrated Grant.** For the avoidance of doubt, each permission in §§ 2(a)–(e) extends **only** to *“Authorised Copies”*—defined as reproductions of the Work **fixed exclusively in the volatile or non-volatile memory of a Consumer-Hardware Instance (“CHI”) *as defined in Appendix A* at the moment of fixation**. Any copy that is **not** an Authorised Copy lies *outside* the license **or, where so required by law, exceeds the mutually agreed contractual scope of the license**, whether or not the remainder of the act occurs on CHI hardware. **Reproduction Nexus (MDY Compliance).** Consistent with *MDY v. Blizzard*, the parties stipulate that “Authorised Copy” status is an **express license condition that directly limits the § 106(1) reproduction right**. Accordingly, no copy—permanent, temporary, cached, or buffered—may lawfully be made unless *every byte* of it resides exclusively within (or is transiting directly between) hardware that already satisfies Appendix A at the moment of fixation **except as expressly allowed by the Training-Only Exception below**. Any copy placed in RAM, VRAM, storage, or cache on Non-CHI hardware is created *outside the license* and therefore infringes 17 U.S.C. § 106(1) (and the equivalent reproduction right under EU Directive 2009/24/EC, art. 4(1)(a)). This limitation is **a condition precedent—or, if a court deems otherwise, an independent contractual covenant—** to every permission in §§ 2(a)-(e). **Illustration.** Loading the Work into VRAM on a Non-CHI GPU, or transmitting it over a PCI-Express bus attached to such GPU, constitutes an *unlicensed* reproduction and distribution under 17 U.S.C. § 106(1) & (3). **Training-Only Exception.** For the limited purpose of any training, fine-tuning, evaluation, or benchmarking workload that is **not** concurrently exposed as a Service, transient or stored copies of the Work that reside in the volatile or non-volatile memory of Non-CHI hardware qualify as “Authorised Copies” under this Section, **provided that** the same Non-CHI hardware is **not simultaneously** used to deliver interactive inference derived from the Work to external users. Nothing in this exception permits inference on Non-CHI hardware. **Severability Backup.** If a tribunal nevertheless holds that any part of the foregoing exceeds the lawful scope of § 106, the parties agree that (i) the text shall be re-formed or, if necessary, applied purely as a contractual covenant to the minimum extent needed to remain enforceable; and (ii) breach of that covenant is material and subject to the remedies in § 2(f)(d) and § 11. **Condition Precedent.** The copyright and patent licenses granted in this Section arise **only after** You have satisfied **(i)** the CHI test in Appendix A and, where applicable, **(ii)** every Service restriction in Section 6 (collectively, the “Hardware & Service Limits”). Until those limits are met, **no license of any kind is granted**, and any copy of the Work created by loading it into RAM, cache, or storage on Non-CHI hardware is an **unlicensed copy** within the meaning of 17 U.S.C. § 106(1). **Independent Covenant.** If a competent tribunal nonetheless holds that any Hardware & Service Limit is not a condition precedent to the license, the same text shall survive as an **independent, material contractual covenant**, and breach of that covenant constitutes a material breach under § 11. For the avoidance of doubt, **each Hardware & Service Covenant is both (i) an express license condition of the copyright and patent licenses granted herein and (ii) an independent, material contractual covenant, enforceable even if a court were to hold it beyond the scope of exclusive rights in 17 U.S.C. § 106 or analogous provisions worldwide.** The Author retains all injunctive, specific-performance, and liquidated-damages remedies provided herein. Breach of any Hardware & Service Covenant— - **(a)** creates immediate copyright-infringement liability; - **(b)** automatically **terminates** all copyright and patent licenses granted herein; and - **(c)** constitutes a **material breach of contract** entitling the Author to pursue all remedies available under copyright law **and** contract law, including injunctive, specific-performance, or other equitable relief; and additionally - **(d) Liquidated-Damages / Disgorgement Remedy.** In addition to equitable relief, each breach of a Hardware & Service Covenant that yields commercial gain to the breaching party gives rise to **liquidated damages equal to the lesser of (i) USD 10 000 per Non-CHI accelerator (or equivalent inference unit) deployed in breach, *or* (ii) one-hundred percent (100 %) of the breaching party’s net profits attributable to the breach (including profits extracted from a nominally non-profit entity to a for-profit affiliate)**. This amount represents the parties’ reasonable pre-estimate of losses that are otherwise extremely difficult to quantify and is **not** intended as a penalty. Liquidated damages apply only to profits earned (or cost savings realised) in the **two (2) years immediately preceding** commencement of an enforcement action, **unless** limiting the window would materially frustrate or render impracticable the injunctive or specific-performance relief available here; in exceptional circumstances, a court (or the Appendix D panel) may extend recovery solely as necessary to safeguard equitable relief. Subject to Appendix D (AI-Assisted Arbitration) and any mandatory consumer-protection law, **any natural person who accepted this License and used the Work during the period of breach may assert a representative or class action under Fed. R. Civ. P. 23 (or equivalent) to recover such liquidated damages on behalf of all similarly situated licensees.** Courts (or the Appendix D panel) may order pro-rata distribution of recovered funds to Class Members or, where individual distribution is impracticable, a cy-pres award to nonprofits advancing open, consumer-accessible computing. This remedy is **in addition to**, and not a substitute for, injunctive, specific-performance, or other equitable relief. For clarity, the personal-use carve-out in § 2(a)(ii) remains unaffected. The parties acknowledge that equitable relief remains subject to ordinary principles of **balance-of-hardships and public-interest review**, but agree that a breach normally satisfies those principles absent contrary proof. The cure provisions of § 11 apply. - **(g) Hardware Covenant as Condition Subsequent (Contractual Fallback).** **Representations & Reliance.** You represent, warrant, and covenant that every act of reproduction, loading, or execution of the Work will occur **only on a Consumer-Hardware Instance (“CHI”)**. The Author’s grant of any license or contractual right is made **in material reliance** on that representation. **Covenant Not to Invoke Essential-Step Defences.** You **covenant not to rely on, assert, or invoke—against the Author or any Contributor—** any statutory defence or exception that would otherwise permit reproduction, loading, displaying, running, transmitting, or storing the Work on **Non-CHI hardware**, including **but not limited to** - the “essential-step” defence in **17 U.S.C. § 117(a)** (United States); - **Article 5(1)** of **Directive 2009/24/EC** and all national implementations (EU / EEA); - **s 47B** of the **Australian Copyright Act 1968**; - **s 30.6** of the **Canadian Copyright Act RSC 1985 c C-42**; and - any **equivalent provision** in other jurisdictions. Any reliance on such a defence constitutes a **material breach** of this License and triggers the suspension and termination terms of § 11. **Automatic Termination under Contract Law.** **If You breach this covenant, all licenses and contractual rights granted herein terminate automatically, *ab initio as to the infringing act*, without further notice.** Termination is a **condition subsequent** to each permission granted, not a mere promise. **Severability.** Even if a court or arbitrator holds that the CHI restriction exceeds the scope of 17 U.S.C. § 106 or analogous laws, **the covenant, representation, reliance, and automatic-termination mechanism in this sub-clause shall remain fully enforceable as a matter of contract**. **Equitable Relief Preserved.** The parties stipulate that breach causes irreparable harm; the Author may obtain injunctive or specific-performance relief without bond. **Survival.** This sub-clause survives any other severance or reform of § 2(f). **and** - **(h) Personal-Use Survival Clause.** Notwithstanding any other provision, the non-commercial, single-user inference rights granted in §§ 2(a)(i)–(ii): - **(i)** survive, to the maximum extent permitted by the upstream license and mandatory law, any termination of upstream licenses affecting embedded CC-BY-SA, Llama, or similar material; - **(ii)** are **not suspended** by breaches committed solely by third parties; and - **(iii)** may be *temporarily* suspended for the natural person’s own conduct **only after** (a) written notice describing the alleged breach, (b) a 150-day opportunity to cure, and (c) a final adjudication that the person **wilfully** violated both a Hardware Covenant *and* the Service Covenants. **For avoidance of doubt, the 150-day cure window and the final-adjudication safeguard in this sub-clause prevail over any shorter cure period or automatic-suspension mechanism elsewhere in this License, including § 11.1.** Innocent mis-configuration cured within the notice period does **not** suspend these rights. ──────────────────────────────────────────────────────────────────────── 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 below) patent license to **make, have made, use, offer to sell, sell, import, and otherwise transfer the Work**, where such license applies only to patent claims licensable by that Contributor that are **necessarily infringed** by the Contributor’s Contribution(s) alone or in combination with, or both, the unmodified Work (“Contribution + Work”). If **You or any Affiliate** (i) **assert or control** a patent and (ii) **institute or voluntarily join** any patent litigation (including a cross-claim or counter-claim) **alleging** that the Work or any Contribution infringes that patent, including but not limited to direct or contributory patent infringement, then **all** patent licenses granted to You under this Section terminate as of the filing date, *except* that a purely defensive counter-claim filed in direct response to a prior assertion against You does **not** trigger termination, and litigation about products or services **unrelated to the Work** does **not** trigger termination. ──────────────────────────────────────────────────────────────────────── 4. TRADEMARKS ──────────────────────────────────────────────────────────────────────── CEL-1.00 conveys **no** trademark rights. Nothing in this License authorises use of any trade name, trademark, or service mark belonging to the Author or to any third party, except for fair and factual reference. ──────────────────────────────────────────────────────────────────────── 5. REDISTRIBUTION REQUIREMENTS ──────────────────────────────────────────────────────────────────────── - **5​.​1 Verbatim Copy.** You may redistribute unmodified copies of the Work in Source or Object form provided You: - (i) include the entire, unaltered CEL-1.00 text, **and** - (i-bis) include an unaltered copy of the Summary named `SUMMARY-CEL-1.00.md` **or** `SUMMARY-CEL-1.00.txt`, - (ii) clearly point recipients—**in the same user-interface element**—to on-screen copies of both: - **Full License**: [LICENSE-CEL-1.00.md](https://raw.githubusercontent.com/mirage335-colossus/ConsumerEconomyLicense/refs/heads/main/LICENSE-CEL-1.00.md) - **One-Page Summary**: [SUMMARY-CEL-1.00.md](https://raw.githubusercontent.com/mirage335-colossus/ConsumerEconomyLicense/refs/heads/main/SUMMARY-CEL-1.00.md) before download or first run, - (iii) make acceptance of CEL-1.00 an affirmative (e.g., click-wrap) act. - **5​.​1‑bis  Offline-Media Distribution (Torrents, Optical Discs, USB, SD‑Cards).** Any party that redistributes the Work via non‑networked or peer‑to‑peer media **must** satisfy all of the following, in addition to § 5.1 (Verbatim Copy) and, where applicable, § 5.2 (Modified Versions): 1. **License & Summary Files.** Place unaltered copies of **both** `LICENSE-CEL-1.00.{md,txt}` **and** `SUMMARY-CEL-1.00.{md,txt}` in the **top‑level directory** (or volume root) of the medium or torrent. 2. **Prominent Notice (dual).** Include, on any external packaging, disc label, insert, sleeve, or torrent description / `.nfo`, the text: *“Distributed under the ConsumerEconomy License (CEL-1.00). See the one-page Summary (SUMMARY-CEL-1.00.md) and full text (LICENSE-CEL-1.00.md). Acceptance of CEL-1.00 is required for any use.”* For online torrent listings, the notice **must** contain a clickable hyperlink to both: - **Full License**: [LICENSE-CEL-1.00.md](https://raw.githubusercontent.com/mirage335-colossus/ConsumerEconomyLicense/refs/heads/main/LICENSE-CEL-1.00.md) - **One-Page Summary**: [SUMMARY-CEL-1.00.md](https://raw.githubusercontent.com/mirage335-colossus/ConsumerEconomyLicense/refs/heads/main/SUMMARY-CEL-1.00.md) 3. **Pre-Execution Display.** If the medium contains any auto‑run, bootable image, or script that would distributor **must** display, with equal prominence, either: - (A) a scroll-box containing **both** CEL-1.00 **and** the Summary, **or** - (B) immediate hyperlinks that load each document, **before** first execution. 4. **Assent Opportunity.** No end-user action other than viewing or copying the files may be required to access the License. Any installation wizard or first-run screen **must** require affirmative assent (e.g., check-box or “I Agree” button) **or** allow the user to abort without penalty. 5. **Torrent Piece Inclusion.** For BitTorrent or similar peer-to-peer swarms, the files `LICENSE-CEL-1.00.md` **and** `SUMMARY-CEL-1.00.md` **must** both be included in the first piece(s) so that clients receive the dual text early in the download process. 6. **Deployment-Templates.** A bootable USB, VM image, or container snapshot distributed offline is a “Deployment-Template” under § 5.5; the distributor must still present the License on first boot or login. 7. **Material Breach.** Failure to comply with any obligation in this § 5.1‑bis constitutes a **material breach of this License**. All legal consequences (automatic suspension, cure periods, and possible permanent termination) are governed exclusively by **Section 11 (Term & Termination)**. *Cross‑Reference:* Sections 1 (Definitions), 5 (Redistribution Requirements), 11 (Term & Termination). - **5​.​1-ter “Equal-Prominence Rule.”** Wherever this License requires a link, scroll-box, or printed notice pointing to CEL-1.00, the distributor **must with equal visual prominence** point to the Summary (or embed it in the same scroll-box) so that a reasonable user can read the one-page overview *before* assenting. - **5​.​2 Modified Versions.** Distribution of any Derivative Work must, in addition to §5.1: - (i) carry prominent notice of modification and effective date; - (ii) retain all existing copyright, patent, and attribution notices; - (iii) reproduce any NOTICE file; and - (iv) keep every Protected Term intact, in original order, and in a machine-readable format. Obfuscation, framing, or hidden text constitutes removal. Non‑conforming redistribution constitutes a **material breach of this contract** and immediately **suspends all licenses and contractual rights granted herein**. Such licenses and rights reactivate automatically once the breach is cured. - **5​.​2-ter Training-Only Outputs.** You may copy, publish, or license a TOO under any terms of Your choice **provided that**: - (a) it is **not** distributed as part of a *Combined Work* with any CEL-governed code, weights, prompts, or other expressive assets. *Aggregate Distributions are permitted* so long as each component keeps its own license notice; and - (b) Public materials (e.g., README, model card, marketing) **may**, at the distributor’s sole discretion and **non-binding**, solely for informational purposes, include a statement identifying any CEL-governed inputs that informed the training process. Such disclosure is made solely for transparency and **without prejudice to any argument** that the resulting Training-Only Output is non-derivative, transformative, or otherwise, and **shall not** be construed as an admission of derivative-work status. **Clarification.** If a Service deployment forms a *Combined Work* by integrating a TOO with CEL-governed components, the CEL terms attach to those CEL components. An Aggregate Distribution alone does **not** trigger those terms for the TOO. - **5​.​3 ULRT.** You may append the minimum Upstream-License-Required Terms necessary to comply with external licenses (e.g., CC-BY-SA, CC-BY-NC, the **META LLAMA 3 COMMUNITY LICENSE AGREEMENT, LLAMA 3.1 COMMUNITY LICENSE AGREEMENT, and LLAMA 3.3 COMMUNITY LICENSE AGREEMENT**). Newer “Llama” licenses are *not* incorporated by default. Each ULRT must: - (i) apply only to the specific material so governed, - (ii) may not **abrogate** any Protected Term for material that is *not* covered by the ULRT, and - (iii) is clearly labeled “ULRT—applies only to [component]”. - **5​.​3-bis Aggregation With Share-Alike Material** Mere side-by-side aggregation of CC-BY-SA, CC-BY-NC, GPL or similar works in the same repository or container is permitted, provided each retains its original license. You may **not** create a single Derivative Work simultaneously governed by CEL and any license that forbids the additional CEL restrictions. This paragraph **does not apply** to a **Training-Only Output licensed separately under § 5.2-ter**. - **5​.​4 Additional Terms.** Except for ULRT under §5.3, You may not impose any term that diminishes permissions granted by CEL-1.00; **however You _may_ add ancillary provisions that**: - (a) disclaim warranty or limit liability differently from §8; - (b) require preservation of reasonable legal notices or author attributions; - (c) prohibit misrepresentation of the origin of the material, or require modified versions to be marked in reasonable ways as different from the original; - (d) limit the use of licensors’ or authors’ names for publicity purposes; or - (e) decline to grant rights under trademark law for certain trade names, trademarks, or service marks. - **5​.​5 Deployment-Templates = Redistribution.** - (a) Offering, selling, renting, leasing, or otherwise making a DT available to third parties **is** “redistribution” of the Work, even if the DT is executed on hardware owned by the recipient. - (b) A hosting provider that boots a DT for its customer **must** present, with equal prominence, **both**: - the full text of CEL-1.00 (or a URL that loads it), **and** - the one-page Summary (or a URL that loads it) in a human-readable form before first power-on or login, and must record affirmative acceptance. - (c) Automating end-user inference (including auto-starting a web server, API listener, or CLI that exposes the Work) without requiring substantive code modification by the customer is deemed “interactive Service” under §6. - **5​.​6 Version Freeze.** All Appendices to CEL-1.00 are fixed as printed below. Later updates posted on any web site are informational only and have **no legal effect** unless adopted in a new CEL version that You separately accept under § 10. - **5​.​7 “CI / CD” Automation Safe-Harbour.** A text-based configuration file (e.g., GitHub Actions YAML, GitLab-CI, Jenkinsfile) that (i) fetches the Work from a location already distributing it under CEL, (ii) executes it only for automated build, test, lint, or benchmark steps, and (iii) exposes no interactive endpoint to external users, is **not** a “Service” within the meaning of §6, and external API calls made solely within such automation (including to OpenRouter) are governed by §2(a)(ii), not §6.3. - **5​.​8 License-Text Q&A Safe-Harbour.** Uploading, transmitting, or otherwise conveying an **unmodified** copy of `LICENSE-CEL-1.00.md` **or** `LICENSE-CEL-1.00.txt` to any third-party or self-hosted large-language-model (“LLM”) service (each a “**Service**”) by the person who initiates that upload (the “**Uploader**”) **solely for** (a) answering natural-language questions about CEL-1.00 **or** (b) assisting humans in drafting a *proposed later* CEL version **is permitted** and **shall not** be treated as “redistribution” under § 5, “Service” under § 6, or creation of a “Combined Work” under § 1.18-quater — **provided that**: - (i) **no** other CEL-governed weights, code, checkpoints, or prompts accompany the upload; - (ii) the **Uploader does not knowingly** prompt or configure the Service to reproduce more than **25 %** of the license text verbatim in any single response and, **where feasible using the Service’s public settings or system-prompt controls, enables reasonable measures** to reduce inadvertent over-length excerpts; an overrun produced solely by the Service’s autonomous behaviour **does not, by itself, vitiate** this Safe-Harbour; and - (iii) the Service operator acquires **no new rights** in CEL-governed material beyond this limited purpose. *Non-authoritative.* Outputs generated under this Safe-Harbour (including verbatim or near-verbatim excerpts of CEL) are **strictly non-binding** and carry **no evidentiary weight** in any Appendix D arbitration or other proceeding to construe or enforce this License. Nothing in this § 5.8 authorises any other use of the Work on Non-CHI hardware or proprietary back-ends; all Hardware & Service Covenants in §§ 2 (f)–(g) and 6 remain fully applicable. ──────────────────────────────────────────────────────────────────────── 6. SERVICE COVENANTS (LICENSE CONDITIONS & CONTRACTUAL COVENANTS) ──────────────────────────────────────────────────────────────────────── **Legal effect.** All obligations in this Section 6 constitute **Service Covenants** as defined in § 1. Each Service Covenant is both (i) an **express condition** of the copyright and patent licenses granted in § 2 and (ii) an **independent, material contractual covenant**. Breach of any Service Covenant **automatically terminates** those licenses **and** constitutes a **material breach of contract**, subject to the cure provisions of § 11. For avoidance of doubt, starting, booting, or otherwise operating a Deployment-Template on behalf of a third party—whether or not that party later logs in—**is** “providing the Work as a Service” and must satisfy this Section. - **6​.​1 CHI Mandate (Inference Only).** Except as permitted by the **Training-Only Exception** in § 2(f), every compute operation that **serves interactive inference of the Work to anyone other than You** must run on Consumer-Hardware Instances. Non-user-facing training, fine-tuning, evaluation, or benchmarking workloads carried out under the Training-Only Exception may execute on Non-CHI hardware **only if** the same hardware is *not simultaneously* exposing **CEL-governed assets (including any Combined Work)** as an interactive Service. Where a training loop cannot be practically segregated from live inference (e.g., on-policy RLHF that accepts real-time user prompts), the inference component **still** triggers this Section. You MAY aggregate any number of CHI—including within a single rack, cabinet, colocation cage, or cloud region—**provided that** each node independently satisfies Appendix A and the deployment otherwise respects the MAU thresholds in § 6.4. Exceeding those thresholds merely triggers the transparency and arbitration duties of § 6.4; it is **not** a categorical violation. - **6​.​1-bis Consumer-Compatible Third-Party Hosting** You MAY provide the Work as a Service on infrastructure rented from a third-party host (e.g., RunPod, Vast.ai, Lambda Cloud, Hetzner) if **all** of the following are true: - (a) The Service serves fewer than 25 000 MAU in the most recent 30-day window. - (b) Each node’s **primary AI accelerator** (GPU, NPU, TPU, etc.) satisfies the GPU-oriented CHI tests in Appendix A (price-cap, consumer-lineage, die-size, public availability) irrespective of what CPU, RAM, or storage accompany it. - (c) Non-accelerator components (server-class CPUs, ECC RAM, large memory, fast networking, NVMe arrays) are permissible provided _both_ of the following hold: - (i) they do **not** raise measured tokens-per-second throughput on the licensed model by more than **five times (5 ×)** versus a reference build that swaps only a mainstream desktop CPU (e.g., Ryzen 9) and 128 GiB of DDR5 RAM; and - (ii) their cost does not exceed five times (5 ×) the accelerator cost on that node. - (d) The accelerator model(s) are openly offered to the public through a self-service portal—no “contact-sales” or enterprise-only negotiation—and each accelerator’s first retail list price did not exceed USD 4 750. - (e) You have performed and retained a reasonable, documented inspection (e.g., `lspci`, `nvidia-smi`, PCI/USB IDs, pricing-page screenshots, retail order confirmations) showing compliance with (b)–(d) and with Appendix A-8. Where these conditions are met, the mere fact that CHI sit inside a data-centre or share common power distribution **does not** make the deployment “non-consumer.” - **6​.​2 Disallowed Hardware (Inference)** For inference compute governed by §6.1, You may **not** use GPUs or accelerators categorised by the manufacturer or market as “data-centre”, “enterprise”, “server”, “wafer-scale”, or any device whose list price exceeded USD 4 750 **per accelerator** at first retail availability—see Appendix A. This limitation does **not** apply to offline training or evaluation workloads that are not exposed as a Service. - **6​.​3 Third-Party Proprietary Back-Ends** The following applies **only** when the Work is provided as a Service under § 6. Personal use under § 2(a)(ii) is unaffected. - (a) A Service MAY delegate up to ten per-cent (10 %) of its total **Token-Traffic—calculated after the Retry-Batch adjustment in § 1.18-sexies—** in any rolling 30-day window to an **external proprietary model** that satisfies **all** of the following: - (i) The model appears in **Appendix B – Allowed Proprietary Models** *or* You have obtained the Author’s prior written consent to add it. - (ii) The provider offers the model to the general public through a self-service API or Web UI, without enterprise-only negotiation or real-name identity verification beyond normal anti-fraud checks. - (iii) The provider’s public technical specification demonstrates capability equal to or greater than the locally hosted model. - (iv) Only text or code tokens are exchanged; no images, audio, or embeddings containing personal data are transmitted. - (v) Inclusion in Appendix B is at the **sole, subjective discretion of the Author**, who may consider—without limitation—long-context coherence, multi-step reasoning, safety record, and observed real-world performance on escalated queries. The Author will not grant preferential treatment to any model operated by an entity in which the Author (or an immediate family member) holds > 5 % equity. The Author will evaluate inclusion requests from any vendor on the same objective and subjective criteria. - (b) Delegation to any proprietary model not meeting (a) is prohibited. - **6​.​3-bis Non-Inference External Services Safe-Harbour** Invoking, forwarding data to, or otherwise using a **Non-Inference External Service (NIES)** is **permitted without limit** and is **not** “delegation of inference” under § 6.3, **provided that**: 1. **No copy** of the Work—including checkpoints, fine-tuned derivatives, or Operational Prompts—is transferred to, or made accessible by, the NIES; and 2. Any tokens or text sent to the NIES are limited to the minimum necessary to complete the NIES’s advertised function and are **not** used by the NIES to generate open-ended creative text or otherwise perform language-model inference *on behalf of* the Service operator; 3. **AI-driven curation** internal to the NIES—such as summarising, redacting, ranking, or classifying responsive records—is deemed *incidental* to the records-retrieval task and does **not** convert the NIES into a delegated inference service. *For avoidance of doubt*, sending CEL-generated text to a payment processor, electronic-filing gateway, travel-booking API, or similar endpoint whose primary role is transactional rather than generative is squarely within this safe-harbour, even if that endpoint employs closed-weights AI internally. *Official Government Portals.* For avoidance of doubt, interactions with official government systems at any jurisdictional level—including chat- or agent-based portals for FOIA, public-records, tax filings, regulatory compliance, or similar—are categorically treated as NIES under this clause. - **6​.​3-ter Incidental Ingestion Safe-Harbour** Collecting, storing, or processing **Incidental External Information (IEI)** shall **not** be deemed “delegated inference” or otherwise breach this License *provided that*: 1. The IEI is ingested only in the ordinary course of operating the Service (e.g., environmental sensing, public-broadcast monitoring, web-crawling for analytics, or user-requested trend analysis); 2. No portion of the Work’s weights, checkpoints, or proprietary Operational Prompts is disclosed to, or shared with, the external source of the IEI; 3. The Service does **not** systematically rely on the IEI as a substitute for performing its own language-model inference in circumvention of § 6.3; and 4. Any AI-generated or AI-modified portions of the IEI are treated as **Untrusted External Content** under § 1.27 and subjected to the same safety and provenance checks applied to other untrusted inputs. *For avoidance of doubt*, passively receiving an AI-generated radio broadcast, scraping a newsfeed that contains synthetic text, or similar incidental exposure to “AI slop” is fully permissible under this Safe-Harbour, so long as the conditions above are met, **provided the Licensee did not solicit, direct, or customise that AI-generated content for the purpose of obtaining inference, evaluation, or fine-tuning results** (e.g., an unsolicited press release that happens to mention the Licensee’s product is acceptable, but orchestrating a third-party AI broadcast specifically to answer prompts on the Licensee’s behalf is *not*). - **6​.​3-quater Residual Incidental Data Safe-Harbour** The Licensee **is not required to undertake perfect or exhaustive deletion** of Residual Incidental Data, provided that it exercises **commercially reasonable efforts**—consistent with its technical, security, and operational constraints—to: 1. prevent further wholesale outsourcing of inference to non-consumer hardware contrary to § 6.3; 2. avoid intentional use of RID as a substitute for the Work’s own inference capabilities; and 3. document, via tamper-evident internal logging, automated **self-attestation** generated by the Service itself, or other cryptographically verifiable controls, that any remaining RID is *de-minimis* and poses no material risk of violating this License; and 4. where direct human inspection of Operational Prompts is infeasible, a **reasonable automated assertion** produced by the Service—supported by tamper-evident logs, remote attestation, zero-knowledge proofs, or comparable mechanisms—*shall satisfy* the documentation duty, provided the Licensee maintains procedures to detect and remediate any material misrepresentation. *For avoidance of doubt*, inadvertent retention of small amounts of AI-generated content—such as autogenerated metadata, cached search snippets, or log traces—does **not** itself trigger a breach, so long as the conditions above are met. - **6​.​4 MAU Threshold.** If Your Service exceeds 25 000 MAU in any rolling 30‑day period You must, within 30 days: - (i) publish hardware‑integrity proofs under Appendix C‑1; - (ii) appoint an Ombudsperson in accordance with § 1.20; - (iii) accept binding AI‑assisted arbitration under Appendix D. For clarity, the personal-use rights in § 2(a)(i)–(ii) remain available to every natural person irrespective of the operator’s compliance with this § 6.4. Failure or refusal automatically **suspends** Your Service license until cured **and constitutes a material breach of contract**. **Rebuttable Presumptions.** If the operator fails to maintain or produce reasonable MAU records, the Service is *presumed* to exceed 25 000 MAU whenever **either** - (a) the combined first-retail list price of accelerators actively serving interactive inference exceeds **USD 20 000 000**, **or** - (b) gross cash or in-kind revenue attributable to the Service exceeds **USD 50 000** in any calendar month. The operator may rebut the presumption by supplying credible MAU evidence consistent with § 1.7. - **6​.​5 Emergency Exception.** Governmental or first-responder entities serving nations < 140 million population may, **solely for latency-critical emergency response**, temporarily exceed CHI limits provided no industrial production results. This exception ends when the emergency ends. - **6​.​6 Zero-Retention / No-Training Option.** Any Service that authenticates or charges users—whether anonymously, pseudonymously, or with government-issued ID—**must** offer, at materially equivalent price, latency, and quality, a **Zero-Retention Mode (ZRM)** path for every model and non-agentic capability otherwise exposed (ie. all compute-intensive inference). Surcharging the ZRM path by more than ten per-cent (10 %), artificially rate-limiting it, or degrading model quality or latency (save for the minimal overhead needed to effect ZRM) is prohibited. If mandatory law in the place of operation makes Zero-Retention impossible, the operator must decline or terminate the affected deployment; continuing anyway is a **material breach of contract and license conditions**. - **6​.​7 Distillation Non-Interference** Except as narrowly allowed in (a)–(b) below, You may not impose contractual terms, rate limits, cryptographic challenges, watermarks, or other technical measures whose principal purpose or predominant effect is to hinder lawful knowledge-distillation, model extraction, benchmarking, or other general-purpose logic or scientific use of the publicly available portions of Your Service. - (a) Measures strictly necessary **and proportionate** to protect: - (i) **Personal Prompts**, user-supplied or user-stored content, or other **Personal Data**; - (ii) **Prompt-Integrity** (as defined in § 1.23), including sanitising or quarantining **Untrusted External Content** (§ 1.27) and preserving the confidentiality of **Prompt-Defence Components** (§ 1.26); or - (iii) service availability, are permitted. **Measures whose principal purpose or predominant effect is to conceal or obfuscate any *Operational Prompt* do *not* qualify for this safe-harbour, unless and only to the extent their disclosure would unavoidably reveal material protected under § 6.7 (a)(i).** *Prompt-Defence carve-out*: You may withhold any **Prompt-Defence Component** (§ 1.26) **in its entirety**, **provided** - (A) it is kept logically separate from Operational Prompts; and - (B) you publish a concise, good-faith summary of its defensive purpose and integration point (e.g., “a rotating transformer-based guard model evaluates every user input for policy violations before concatenation with the main system prompt”). No further disclosure of the component’s internal weights or prompt text is required. - (b) You may enforce valid distillation prohibitions that a third-party back-end imposes, **provided** Your use of that back-end complies with § 6.3. - **6​.​7 (bis) Enforcement of security policy** Nothing in this license obliges a Service operator to continue processing requests that are reasonably believed to (i) test or exploit prompt-injection defences, (ii) exfiltrate credentials, **Personal Data, or other sensitive user-specific information (including trade secrets)**, or (iii) exceed stated rate limits. The operator may temporarily or permanently restrict such sessions **if** it records the time of the event, the policy clause invoked, and an incident reference that does **not** contain, derive from, or allow reconstruction of the User’s input. No copy or hash of the input itself may be retained without the User’s explicit consent. All such measures must be proportionate; the burden of proof rests on the Service operator. ──────────────────────────────────────────────────────────────────────── 7. ANTI-LOOPHOLE & INTERPRETATION ──────────────────────────────────────────────────────────────────────── - **7​.​1 “Purpose Control.”** The parties acknowledge that the overriding purpose of this License is to confine use of the Work to Consumer‑Hardware Instances and to safeguard the personal‑use carve‑out in § 2(a)(ii). Therefore, if any restriction—whether a Hardware Covenant, Service Covenant, or other clause—is held unenforceable in whole or in part as an *express copyright‑license condition*, the same text shall, to the maximum extent permitted by law, be re‑construed and enforced as an *independent, material contractual covenant* so as to preserve that purpose. No interpretation of this License shall enlarge any grant of rights beyond what is strictly necessary for enforceability, nor shall it authorize inference or service operation on hardware that would have violated the original Hardware Covenant. - **7​.​2 “Anti-Evasion.”** No party may rely on selective quotation, specialised sector jargon, secret industry codes, or machine-obfuscated text to narrow, enlarge, or otherwise distort the plain-language meaning of this License. - **7​.​3 “Severability and Reformation.”** If any provision of this License—including any Hardware Covenant or other restriction on hardware or service use—is held unenforceable or invalid in whole or in part by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. To the extent that any hardware or service‑use restriction cannot be enforced as an **express copyright‑license condition**, the parties intend and agree that such restriction shall nevertheless be given full effect as an **independent, material contractual covenant**. The court is expressly authorized and requested to **reform** any unenforceable language to the minimum degree necessary to uphold the Author’s intent to confine use of the Work to Consumer‑Hardware Instances (and, where applicable, to the personal‑use carve‑out in § 2(a)(ii)). Under no circumstances shall partial invalidity (a) expand any license granted herein beyond what is strictly necessary for enforceability or (b) permit inference or service operation on hardware that would have violated the original Hardware Covenants. - **7​.​4 “Entire Agreement”** (**a “Protected Term” for § 1.8**) This License, including its fixed Appendices, constitutes the entire agreement between You and the Author concerning the Work and supersedes all prior oral or written understandings. It may be modified only (i) by a later CEL version that You explicitly accept under § 10, or (ii) by a written amendment signed by both You and the Author. - **7​.​5 “Personal-Use Precedence.”** If a court, arbitrator, or other competent authority must sever or limit any provision of this License in order to uphold it, the parties agree that (i) the rights of natural persons to perform personal, non-service inference under § 2(a)(i) and § 2(a)(ii) shall be preserved to the maximum lawful extent, and (ii) permissions to provide the Work as a Service under § 6 may be curtailed or eliminated before any personal-use right is restricted. - **7​.​6 “No Pre-emption Waiver.”** Each party irrevocably waives and disclaims any argument that enforcement of a Hardware Covenant or Service Covenant is pre-empted by federal copyright law or equivalent statutory scheme, to the maximum extent permitted by law. ──────────────────────────────────────────────────────────────────────── 8. WARRANTY & LIABILITY ──────────────────────────────────────────────────────────────────────── EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, THE WORK (INCLUDING ALL CONTRIBUTIONS, DOCUMENTATION, AND OUTPUT) IS PROVIDED **“AS IS” AND “WITH ALL FAULTS,”** WITHOUT EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF **ANY** KIND. WITHOUT LIMITATION, THE CONTRIBUTORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, DATA ACCURACY, OR QUIET ENJOYMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY CONTRIBUTOR BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, PROFITS, OR GOODWILL; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF OR INABILITY TO USE THE WORK, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. ──────────────────────────────────────────────────────────────────────── 9. OPTIONAL SUPPORT OR INDEMNITY ──────────────────────────────────────────────────────────────────────── You may offer paid support, warranty, or indemnity **on Your own behalf** only, and must indemnify every other Contributor **and the Author** against any claim, fine, or penalty arising from Your failure to comply with data-protection, record-keeping, or Zero-Retention obligations. ──────────────────────────────────────────────────────────────────────── 10. NEW CEL VERSIONS ──────────────────────────────────────────────────────────────────────── - **10​.​1 Authority.** The Author (or up to nine named natural-person delegates) may publish new CEL versions. - **10​.​2 “Any Later Version” Clause.** If the Work states “CEL version 1.00 or any later version”, You may choose to follow the published later version. - **10​.​3 Limits on Later Versions.** A future CEL may introduce additional obligations **only** when required for: - (a) mandatory compliance with an external, non-waivable license; - (b) compatibility with a more protective copyleft license; - (c) closing a documented consumer-hardware loophole; or - (d) excluding a Very-Large Actor whose conduct contradicts this license’s spirit. - (e) publishing an optional, privacy-preserving MAU counting annex if the Author finds that widespread evasion of § 6.4—*including, but not limited to, any single Service exceeding 10 million MAU that is in material breach*—materially undermines this License. Such added obligations must be the **minimum effective measure** and may not withdraw personal-use rights granted herein. - **10​.​4 Duress Clause.** Any purported later version issued under coercion, threat, or fraud is void ab initio. ──────────────────────────────────────────────────────────────────────── 11. TERM & TERMINATION ──────────────────────────────────────────────────────────────────────── CEL‑1.00 remains in force only while You comply with all Protected Terms. **All licenses *and contractual rights* granted herein are automatically suspended** during any period in which You are in **material breach** of (i) any express license condition **or** (ii) any Hardware Covenant, Service Covenant, or other material contractual covenant of this Agreement. Rights reactivate automatically once the breach is fully cured, except that patent licenses terminated under § 3 do not revive. - **11​.​1 Cure Period.** If the Author (or another Licensor) provides written notice reasonably describing the breach, You must cure it within forty-five (45) calendar days (**one-hundred-fifty (150)** for natural persons acting solely under § 2(a)(i)–(ii)), **except where a longer cure period is expressly provided elsewhere (e.g., the 150-day period in § 2(h))**. Failure to cure within the applicable period converts the suspension into permanent termination. - **11​.​2 Repeated Breach.** Deliberate or repeated breach-cure cycling is itself a continuing material breach and may be deemed incurable. - **11​.​2-bis Downstream Continuity.** Termination or suspension affecting one licensee (“Breaching Party”) does **not** retroactively void or impair (a) any copyright or patent license already granted to any other party that, at the time of its own act of reproduction, modification, or distribution, was in good-faith compliance with this License, **nor** (b) any lawful copies that such other party created while its license was in force. Subsequent use or distribution by those parties continues to be governed by CEL-1.00 as though the Breaching Party had never held rights, provided they remain independently compliant with all Protected Terms. - **11​.​3 Survival.** Sections 4 (Trademarks), 7 (Anti‑Loophole & Interpretation), 8 (Warranty & Liability), 12 (Governing Law & Forum), 20 (CC-BY-SA & Similar Share-Alike Material), and any covenant that by its nature should survive, remain effective notwithstanding suspension or termination. - **11​.​4 No Waiver of Remedies.** Suspension or termination under this Section does not limit any other remedy available at law or in equity. ──────────────────────────────────────────────────────────────────────── 12. GOVERNING LAW & FORUM ──────────────────────────────────────────────────────────────────────── Unless mandatory law provides otherwise, this License and any dispute, claim, or cause of action arising out of or relating to it (collectively, “Disputes”) shall be governed by the **substantive law, excluding its conflict-of-law rules, of *one*** of the following jurisdictions, **at the Author’s written election** made before or contemporaneously with the filing of the first pleading in the Dispute— - (a) the jurisdiction in which the Author maintains principal domicile on the date the Dispute is commenced; **or** - (b) the State of New York, U.S.A.; **or** - (c) the Kingdom of the Netherlands; **or** - (d) the Federal Republic of Germany; **or** - (e) the Republic of Estonia; **or** - (f) the French Republic (France); **or** - (g) the Swiss Confederation (Switzerland). Venue for all proceedings **not subject to Appendix D arbitration** lies exclusively in the competent courts of the governing-law forum so elected. The parties irrevocably submit to the jurisdiction of those courts and waive any objection based on venue or forum *non conveniens*. This clause does **not** deprive any consumer habitually resident in the European Economic Area of non-waivable rights under Articles 17-19 of Regulation (EU) 1215/2012 (or successor law) to litigate in the courts of their habitual residence. Nothing in this Section limits any mandatory consumer-protection rights or public-policy defenses that would apply under the law of the consumer’s habitual residence. ──────────────────────────────────────────────────────────────────────── 13. ACCEPTANCE ──────────────────────────────────────────────────────────────────────── - **13​.​1 General Acceptance by Conduct** This License takes effect when You first give the assent described in the Preamble. Any act of downloading, installing, compiling, executing, **saving, loading, or causing any part of the Work to be fixed in RAM, VRAM, cache, or persistent storage—*including on Non-CHI hardware***—after reasonable notice of this License constitutes acceptance by conduct. The parties stipulate that such fixation is “use” for purposes of contract formation even if later held non-infringing under 17 U.S.C. § 117 or Directive 2009/24/EC. Operation without such assent is an unlicensed act. - **13​.​2 Archive or Disc-Image Distribution (Reasonable-Opportunity-to-​Review Safeguard)** If the Work is supplied in any form that must be unpacked, mounted, or executed *before* the user sees a graphical installer or command-line prompt— such as a `.zip`, `.tar`, `.iso`, container image, or virtual-machine snapshot—*and* the distributor has **not** already provided the notice required by § 13.1, **then** acceptance by conduct under § 13.1 arises **only if** the distributor satisfies **all** of the following: 1. **Root-Level License & Summary Files.** An unaltered plaintext (or Markdown) copy of **both** `LICENSE-CEL-1.00.md` **and** `SUMMARY-CEL-1.00.md` (or .txt variants) **must** appear in the root directory of the archive or image. 2​.​ **Conspicuous Notice File.** A plaintext file named `START_HERE.txt` (or equally conspicuous) must appear in the same directory, containing: - (a) the sentence: > “Use of any part of this software, model, or dataset is governed by the > ConsumerEconomy License (CEL-1.00). See LICENSE-CEL-1.00.md (or > LICENSE-CEL-1.00.txt), SUMMARY-CEL-1.00.md (or SUMMARY-CEL-1.00.txt) or visit: > https://raw.githubusercontent.com/mirage335-colossus/ConsumerEconomyLicense/refs/heads/main/LICENSE-CEL-1.00.md > https://raw.githubusercontent.com/mirage335-colossus/ConsumerEconomyLicense/refs/heads/main/SUMMARY-CEL-1.00.md” and - (b) a clear instruction that opening, compiling, or executing any file constitutes acceptance of CEL-1.00. 3​.​ **No Obfuscation.** Neither file may be compressed, encrypted, or buried within nested directories beyond the minimum necessary to comply with the chosen archive format. 4​.​ **Early Visibility.** If the archive includes an automated installer or setup script, that program must—*before* performing any compilation or execution— display the same notice text and provide one-click paths to view **both**: - Full License: https://raw.githubusercontent.com/mirage335-colossus/ConsumerEconomyLicense/refs/heads/main/LICENSE-CEL-1.00.md - One-Page Summary: https://raw.githubusercontent.com/mirage335-colossus/ConsumerEconomyLicense/refs/heads/main/SUMMARY-CEL-1.00.md” Failure to meet **all** of items 1–4 voids any claim that mere unpacking or mounting constitutes acceptance; in such cases the user remains unlicensed until the notice requirements of § 13.1 are fulfilled. - **13​.​3 Retail Physical-Media Sales (Optional 30-Day Refund)** If You distribute the Work on a DVD, Blu-ray, USB stick, bundled textbook disc, or other *paid* physical medium **for which the recipient tenders monetary consideration**, You **must**: (a) print, on the external packaging or shrink-wrap, a legible notice stating: > “This disc contains software governed by the ConsumerEconomy License (CEL-1.00). > See the one-page Summary** (`SUMMARY-CEL-1.00.md`) **and full text** > (`LICENSE-CEL-1.00.md`) **before opening or use**. > https://raw.githubusercontent.com/mirage335-colossus/ConsumerEconomyLicense/refs/heads/main/LICENSE-CEL-1.00.md > https://raw.githubusercontent.com/mirage335-colossus/ConsumerEconomyLicense/refs/heads/main/SUMMARY-CEL-1.00.md > Opening the wrap or using the disc constitutes acceptance of CEL-1.00. > If you do not agree, return the product within 30 days for a full refund.”; (b) honour a **30-day refund** to any purchaser who (i) returns the physical medium in reasonable condition **and** (ii) certifies that they have not executed or copied the Work; and (c) leave § 13.2 intact for any subsequent redistribution of an archive, image, or installer copied from that medium. For avoidance of doubt, no refund is required where the Work is distributed **gratis**; in such cases, deletion of the Work constitutes rejection of the License. ──────────────────────────────────────────────────────────────────────── 14. PRACTICAL TIPS FOR APPLYING CEL-1.00 ──────────────────────────────────────────────────────────────────────── *(This section is **non-binding guidance**. Compliance duties themselves are found in §§ 5 (Redistribution) and 13 (Acceptance). Nothing here changes CEL-1.00, but it shows **how to let recipients choose “CEL-1.00 or any later version” under § 10.2**.)* - **14​.​1 Keep the Full License Handy** Place unmodified copies of **both** `[LICENSE-CEL-1.00.md](https://raw.githubusercontent.com/mirage335-colossus/ConsumerEconomyLicense/refs/heads/main/LICENSE-CEL-1.00.md)` **and** `[SUMMARY-CEL-1.00.md](https://raw.githubusercontent.com/mirage335-colossus/ConsumerEconomyLicense/refs/heads/main/SUMMARY-CEL-1.00.md)` in the top-level directory of your repository, archive, or distribution image **and add a separate plain-text file named `NOTICE` containing exactly**: > This project is licensed under the ConsumerEconomy License > **CEL Version 1.00 *or any later version***. See > – `[Full License](https://raw.githubusercontent.com/mirage335-colossus/ConsumerEconomyLicense/refs/heads/main/LICENSE-CEL-1.00.md)` > – `[One-Page Summary](https://raw.githubusercontent.com/mirage335-colossus/ConsumerEconomyLicense/refs/heads/main/SUMMARY-CEL-1.00.md)` Including the phrase “or any later version” in either the `NOTICE` file, your README, or the SCM release description fulfils § 10.2 and lets every recipient adopt a future CEL release when it appears. - **14​.​2 Optional Short Header for Individual Files** While not required, many developers find it useful to add a 4-line header to source files so the governing license is obvious even when a file is detached from the repo: ``` /* SPDX-License-Identifier: LicenseRef-CEL-1.00-or-later © [yyyy] [Author]. For license text, see either • LICENSE‑CEL‑1.00.md, or • LICENSE‑CEL‑1.00.txt, or consult and . */ ``` Using the SPDX tag avoids ambiguity and keeps the header small. If you prefer a fuller header, adapt the example above, but **do not** delete the SPDX line— many build and audit tools rely on it. - **14​.​3 When & How to Collect Assent** CEL treats click-through acceptance (or the equivalents listed in § 13) as a **material condition**. Common patterns: | Context | Where to show CEL-1.00 or a link to it | Which action forms assent? | |-----------------------------------|-------------------------------------------------------------------------------|--------------------------------------------------------| | Project using “or any later version” | `LICENSE-CEL-1.00.{md,txt}`, `SUMMARY-CEL-1.00.{md,txt}` + `NOTICE` file saying “…or any later version” | Any act listed in § 13 **also** counts as assent to a later CEL if the user so chooses | | GitHub/GitLab repo | `LICENSE-CEL-1.00.md`, `SUMMARY-CEL-1.00.{md,txt}` + link in README | `git clone`, `gh release download` | | Download page | Adjacent “Download” button | Clicking the button | | Docker / OCI image | `LABEL license=LicenseRef-CEL-1.00` + link in README or Hub page | `docker pull` | | Physical media | External packaging (see § 13.3) | Breaking the shrink-wrap | For customised installers, insert a scroll-box or hyperlink that the user must pass **before** compilation or first-run, per § 13.2(4). - **14​.​4 Boiler-Plate ≠ Contract** If you quote the cautionary sentence “You may not use this Work except in compliance with CEL-1.00”, make clear it is **descriptive only** and does not create extra obligations beyond CEL itself. ──────────────────────────────────────────────────────────────────────── 15. APPENDIX A – CONSUMER-HARDWARE CRITERIA (CHI) ──────────────────────────────────────────────────────────────────────── A CHI must meet **all** of the following at time of deployment: - **A-1​.​ Price Cap.** - (a) Each primary AI accelerator must have had a first-retail list price ≤ USD 4 750; **and** - (b) The complete system (chassis, CPU, RAM, storage, PSU, but excluding monitor / input devices) may cost at most **sixteen times (16 ×)** the combined accelerator list price. - **A-2​.​ Mass (per Licensed Instance, including power supply and all components necessary for operation):** ≤ 15 kg. For multi-tenant systems, the “effective mass” of a Licensed Instance = (Total mass of the host chassis, including its power supply) × (CPU cores allocated to that instance ÷ total CPU cores on the host). **Purpose:** This limit ensures that any hardware qualifying as “consumer-grade” remains hand-portable by a single person without specialized equipment, in line with common carry-on and ergonomic thresholds. - **A-3​.​ Availability:** continuously listed for sale to the public on at least two global e-commerce sites (e.g., Amazon, eBay) for ≥ 60 days preceding deployment. - **A-4​.​ Category:** at the time You acquire it, the primary GPU/accelerator is marketed by the vendor as “desktop”, “laptop”, or “gaming” and **not** as “data-centre”, “enterprise”, “workstation”, “server”, “wafer-scale”, or similar. Subsequent vendor re-labelling does not retroactively disqualify hardware that is already Grandfathered, but no additional units of that SKU may be added after the re-labelling date. - **A-5​.​ Die Size:** < 3.0 × the die size of the contemporary top-end consumer GPU or similar consumer AI compute hardware. - **A-6​.​ DIY Manufacturability Exception:** A non-CHI device may be used only if its complete manufacturing tooling, firmware, and masks are FLOSS-licensed and can be replicated in < 2 person-weeks with equipment costing < USD 300 000, available in ≥ 20 open makerspaces world-wide, **of which at least five (5) must be located within the European Union.** - **A-7​.​ CPU & Memory Latitude:** Use of server-grade CPUs (e.g., AMD EPYC, Intel Xeon) and/or system memory > 128 GiB **does not** by itself disqualify an instance, provided that: - (i) the accelerator(s) still satisfy A-1 through A-5; and - (ii) when the licensed model is benchmarked under identical accelerator settings, tokens-per-second throughput is ≤ 5 × higher than on a reference setup using the same accelerator(s) but a consumer desktop CPU and 128 GiB RAM. **Rationale:** inference throughput is overwhelmingly GPU-bound; extra CPU cores or RAM allocated for virtualisation, batching, or multi-tenancy are therefore tolerated so long as they do not confer an approximately more than ten-times (5 ×) compute-throughput edge over ordinary consumer rigs. - **A-8​.​ Public-Retail Availability (Grandfathering Gate):** An accelerator may become part of a Grandfathered CHI **only if** it had been openly offered for purchase to the general public—through at least two self-service retail channels—for a continuous period of **≥ 60 calendar days** *before* Your first production deployment. Devices that enter “paper launch” or marketing re-labelling phases without satisfying this 60-day retail window are **ineligible** for grandfathering. Once a system qualifies, it becomes a **Grandfathered CHI** and remains compliant even if MSRP, die size, or marketing categories change later. “Wafer-scale” means a single packaged device larger than 2250 mm². ──────────────────────────────────────────────────────────────────────── 16. APPENDIX B – ALLOWED PROPRIETARY MODELS (STATIC SNAPSHOT) ──────────────────────────────────────────────────────────────────────── Allowed (subject to § 6.3): - Codex Mini - o3-pro - o3 - o1 - o1-pro - o4-mini-high - GPT-4.5 (RESEARCH PREVIEW) The above list is _exhaustive_. A future OpenAI successor may be used **only** if it is of **similar or greater** capability; models of _lesser_ capability may **not** be substituted simply to outsource compute. Disallowed (non-exhaustive): - GPT-4o, GPT-4o (extended), GPT-4o-mini, GPT-4o Search Preview, GPT-4o-mini Search Preview - GPT 4.1, GPT 4.1-mini, GPT 4.1-Nano - GPT-4, GPT-4 32k, GPT-4 Turbo - GPT-3.5 Turbo, GPT-3.5 Turbo Instruct, GPT-3.5 Turbo 16k - o1-mini - Any model not operated by OpenAI or marketed primarily for enterprise or data-centre deployment. Escalation is expected to usually involve the most diverse problems, benefitting very strongly from models which not only fill the cross-validity testing pitfalls of capability benchmarks rather well, but which allocate adequately large, diversely trained, models, with unabbreviated inputs. Thus, only the most generally capable models (eg. o3-pro, o3) or the most capable expert (eg. Codex Mini), if any model is used for escalation, should be used. OpenAI has these models, and open-weights alternatives such as DeepSeek-R1 0527 671b, Llama 3.1 Nemotron Ultra 253b v1, are not far behind. Before a closed-weights model from a provider other than OpenAI has become relatively useful for such diverse problem solving, it is expected such escalation will no longer be necessary or worthwhile, rather instead the capabilities of such closed-model providers will have diverged even further from software under this license. As such escalation will rarely if ever be at all desirable, separate services will be used for their separate purposes. (No automatic updates. Changes require a new CEL version or written Author consent per § 6.3(a)(i).) ──────────────────────────────────────────────────────────────────────── 17. APPENDIX C – HARDWARE-INTEGRITY PROOFS ──────────────────────────────────────────────────────────────────────── - **C​‑1.​ Publication Requirement (Services > 25 000 MAU).** For every CHI in a Service that has crossed the 25 000-MAU threshold, the operator **must publish**, in a publicly reachable location: - manufacturer, model, and public SKU; - factory serial number; and - date placed in service. ***Mandatory-Privacy Fallback.*** Only where publication of the serial **would unavoidably violate mandatory statutory privacy law in the jurisdiction of operation** may the operator instead: - (a) publish an irreversible SHA-256 hash of (serial ∥ PCI ID ∥ salt) **and** - (b) supply the plaintext serial, under confidentiality, to an **Independent Hardware-Compliance Auditor** appointed by the Ombudsperson pursuant to Appendix D-5. The Auditor publishes a redacted compliance certificate. Failure to follow either the full-publication path **or**, where permitted, the hash + auditor path is a **material breach of this License and of the Service Covenant in § 6.4**, immediately triggering the suspension and termination mechanisms in § 11 unless cured as provided therein. - **C​‑2.​ Due-Diligence Record-Keeping (Services ≤ 25 000 MAU).** Operators that have **never** exceeded 25 000 MAU need **not** publish the data in C‑1. They must, however, retain for two (2) years reasonable evidence of compliance—e.g., output from `lspci`, `nvidia-smi`, pricing-page screenshots, or rental invoices—and supply it to the Author within 45 business days of a written request. - **C​‑3.​ Host Non-Cooperation.** If a hosting contract **forbids** disclosure of factory serial numbers (and publication is _not_ prohibited by mandatory law), an operator that has crossed the 25 000-MAU threshold must, within 30 days of crossing, either: - (a) migrate the workload to infrastructure that permits compliance with C‑1; **or** - (b) scale the Service back below 25 000 MAU and remain there. Failure to do so is a **material breach of this contract (and therefore a violation of the Service Covenant in § 6.4) in addition to any copyright- license termination that may apply.** ──────────────────────────────────────────────────────────────────────── 18. APPENDIX D – AI-ASSISTED ARBITRATION ──────────────────────────────────────────────────────────────────────── - **D​.​1. Scope** Applies only to Services exceeding 25 000 MAU. Such operators **must** resolve all disputes arising under this License by the arbitration procedure below, **unless** (a) the operator is a “consumer” under mandatory law, in which case local-court rights prevail, **or** (b) the parties agree in writing, after the dispute arises, to litigate in the forum stated in § 12. - **D​.​2. Panel** One human chair selected by the Ombudsperson plus two independent **open-weights** LLMs chosen from **Appendix E – Approved Evaluation Models** (version hashes fixed for the proceeding). - **D​.​3. Procedure** Parties submit briefs; LLMs produce reasoned drafts; human chair reviews for coherence and bias; final decision issued within 45 days, enforceable as an arbitration award. - **D​.​4. Remedy** Violations may be cured; license suspension lasts until the panel confirms compliance. Repeated breach-cure cycling is a continuing breach. - **D​.​5. Independent Hardware-Compliance Auditors** - (a) **Designation** Within fifteen (15) days after a Service first exceeds the 25 000‑MAU threshold in § 6.4, the Ombudsperson shall review credentials and designate one or more **Independent Hardware-Compliance Auditor(s)** for purposes of Appendix C‑1. If the Ombudsperson has not yet been appointed, the Service operator must cooperate in good faith to secure such appointment within the same fifteen-day window. - (b) **Independence Criteria** An auditor must - (i) be a natural person or legally recognised firm with demonstrable expertise in accelerator-hardware forensics; - (ii) have no financial interest in, nor governance relationship with, the Service operator, the Author, or their respective Affiliates, other than the audit engagement itself; and - (iii) execute a confidentiality agreement that allows disclosure only of the compliance certificate described in paragraph (d). - (c) **Operator Cooperation** Within a further fifteen (15) days of the auditor’s designation, the Service operator shall provide the auditor with serial numbers, hash salts, purchase documentation, and—on reasonable request—remote console or on-site access sufficient to verify Appendix A compliance. - (d) **Compliance Certificate** The auditor shall issue a signed **Compliance Certificate** identifying each audited CHI by serial number or hash and stating whether it satisfies Appendix A. The certificate must be posted at the public URL used for Appendix C‑1 disclosure no later than thirty (30) days after completion of the audit inspection. - (e) **Costs** Auditor fees and reasonable expenses are borne by the Service operator. - (f) **Appeal** Either the Author or the Service operator may, within thirty (30) days after publication, appeal the auditor’s determination to an Appendix D arbitration panel, which will review the record for clear error. ──────────────────────────────────────────────────────────────────────── 19. APPENDIX E – APPROVED EVALUATION MODELS (OPEN-WEIGHTS – STATIC) ──────────────────────────────────────────────────────────────────────── Only the Large Language Models listed below may be relied upon for any **“LLM evaluation”** mentioned in CEL-1​.00. These models are **open-weights** rather than FLOSS, and are deemed sufficiently redistributable — _for so long as each model continues to be widely regarded as legally redistributable at the time of use_. They are also considered capable of detecting license-spirit violations when prompted in good faith. - Llama 3.1 Nemotron Ultra 253 B v1 - Llama 3.1 405 B - DeepSeek-R1 0528 (671 B parameters) - Phi-4-reasoning-plus 14 B - Magistral-Small-2506 - EleutherAI GPT-NeoX-20B (hf.co/EleutherAI/gpt-neox-20b) Use of any other model—or a materially modified checkpoint or tokeniser—has **no evidentiary weight** for purposes of this license unless the Author expressly approves the substitution in writing. (Static. Revisions require a new CEL version.) ──────────────────────────────────────────────────────────────────────── 20. CC-BY-SA & SIMILAR SHARE-ALIKE MATERIAL ──────────────────────────────────────────────────────────────────────── If You adapt or transform any portion of the Work that is separately licensed under CC-BY-SA 4.0 (or a functionally equivalent share-alike license), You **must** release that *adapted portion* under CC-BY-SA 4.0 unchanged and without the additional CEL Hardware or Service Covenants. The remaining, independently authored portions of Your Derivative Work may remain under CEL so long as the CC-BY-SA material can be *reasonably and independently extracted* and used under CC-BY-SA 4.0 alone. ──────────────────────────────────────────────────────────────────────── 21. LICENSE-TEXT INTEGRITY & NAMING ──────────────────────────────────────────────────────────────────────── - **21​.​1 Derivative Versions Must Be Renamed.** The canonical text of CEL-1.00 is © 2025 [Author]. You **may** copy or create derivative versions of this License **provided that** every such version: - (a) is stored in a file whose primary name **does _not_ contain** the string "`CEL-1.00`", "`CEL 1.00`", or "`ConsumerEconomy License`"; **and** - (b) bears, within its first five visible lines, the exact phrase **"UNOFFICIAL MODIFIED TEXT — NOT CEL-1.00"**. - **21​.​2 No Waiver or Substitution.** Circulating or citing any such derivative text **does not** waive, vary, or substitute the obligations that CEL-1.00 imposes on any copy of the *Work*. Only a later CEL version adopted under § 10 can affect those obligations. - **21​.​3 Reserved File-Names.** Distributing, or making publicly retrievable, a file named **`LICENSE-CEL-1.00.*`**, **`SUMMARY-CEL-1.00.*`**, **or** **`CONSUMERECONOMY-LICENSE-1.00.*`** that is *not* byte-for-byte identical (per § 22 end-of-line-equivalence) to the authoritative digest(s) is a **material breach** of this License, triggering the suspension-and-termination mechanism of § 11. - **21​.​4 Citation Safe-Harbour Unaffected.** The Q&A Safe-Harbour in § 5.8 continues to permit verbatim excerpts of CEL-1.00, even inside a derivative license text, so long as the excerpt itself remains unchanged. ──────────────────────────────────────────────────────────────────────── 22. CRYPTOGRAPHIC AUTHENTICITY ──────────────────────────────────────────────────────────────────────── - **22​.​1 Official Digest.** The canonical UTF-8 text of this license—with UNIX LF line-endings and **excluding every line that consists solely of a 64-hex-digit digest**— produces the following SHA-256 hash: 8e73a57be252eb7fff2c0411688b28c0db5ba606c89dd2ac5a602bf25fb4978d - **22​.​1-bis Alternative Windows Digest.** The same UTF-8 text, with DOS/Windows **CR LF** line endings, **excluding every line that consists solely of a 64-hex-digit digest**— produces the following SHA-256 hash: 19d527154b54cc6fbff78411315f86695a936673d286101173288cb3b4e3a71e A copy that matches **either** digest above is an authoritative copy of **CEL-1.00**. - **22​.​2 Reproduce the hash.** On any POSIX shell: ```bash # compute LF and CRLF digests from the same source file # adjust if your file uses .txt file="LICENSE-CEL-1.00.md" # LF (canonical, like § 22.1) grep -vE '^[[:space:]]*[0-9a-f]{64}[[:space:]]*$' "$file" \ | sha256sum | awk '{print "LF : "$1}' # CRLF (Windows alternative, § 22.1-bis) grep -vE '^[[:space:]]*[0-9a-f]{64}[[:space:]]*$' "$file" \ | sed 's/$/\r/' \ | sha256sum | awk '{print "CRLF: "$1}' ``` If your source file already contains CRLF endings, run `dos2unix` or `tr -d '\r'` first to reproduce the LF hash. - **22​.​3 Authoritative Copy.** So long as SHA-256 remains cryptographically secure and no distinct text shares either digest in §§ 22.1 or 22.1-bis, any copy of CEL-1.00 that hashes to one of those values is conclusively authoritative. Copies that fail to match either digest are not CEL-1.00. - **22​.​4 Future Versions.** Each later CEL release MUST embed its own official digest(s). Any material change outside § 22 triggers a new version number and new digest(s). ──────────────────────────────────────────────────────────────────────── ──────────────────────────────────────────────────────────────────────── END OF CONSUMERECONOMY LICENSE VERSION 1.00 ────────────────────────────────────────────────────────────────────────