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LICENSE

GPU Kitchen Community License

Installing or running GPU Kitchen means you accept this license. Paid plans use the Enterprise License. The open source components GPU Kitchen includes are listed, with their licenses, in the THIRD-PARTY-NOTICES.md file shipped with the software.

GPU Kitchen Community License (End User License Agreement)
Version 1.1 — October 2026

Copyright (c) 2026 Byterain. All rights reserved.

GPU Kitchen is proprietary software published by Byterain, SIREN 109694372,
represented by Sébastien Caunes, 30 route d'Espanès,
31810 Clermont Le Fort, France (the "Publisher"). Contact: hello@gpu.kitchen.

This End User License Agreement (the "Agreement") governs the use of the
Community Edition of the GPU Kitchen software distributed in binary or
container-image form (the "Software"). By installing or running the Software
you accept this Agreement. If you do not accept it, do not install or run the
Software.

1. DEFINITIONS

"Community Edition" means the builds of the Software identified as
"community" (OCI label io.gpukitchen.edition=community or equivalent), which
contain none of the enterprise modules.

"Enterprise Edition" means the builds identified as "enterprise", which link
commercial modules; they are governed by the GPU Kitchen Enterprise License
(published at https://gpu.kitchen/license/enterprise) and a commercial
agreement with the Publisher, not by this Agreement.

"Installation" means one GPU Kitchen controller together with all worker
nodes enrolled to it, regardless of how many machines they run on.

"GPU" means one physical graphics processing unit (or comparable accelerator)
detected as present on any node of an Installation.

"Unit of GPU power" means the measure of a GPU's computing power on the scale
published by the Publisher at https://gpu.kitchen/pricing, on which one NVIDIA
GeForce RTX 3090 counts as one (1) unit. The units of an Installation are the
sum of the units of all of its GPUs.

"Person" means an individual who holds an account on an Installation.

2. LICENSE GRANT — FREE TIER

Subject to your compliance with this Agreement, the Publisher grants you a
free of charge, non-exclusive, non-transferable, non-sublicensable, revocable
license to install and run the Community Edition, for your own internal
purposes, on Installations that each comprise AT MOST SIX (6) UNITS OF GPU
POWER across all of their nodes AND AT MOST FIVE (5) PERSONS.

Running an Installation beyond either limit, using the features that the
pricing page at https://gpu.kitchen/pricing reserves to paid plans, and any
use of the Enterprise Edition require a paid license from the Publisher. The
Software may display a non-blocking notice when an Installation exceeds the
free-tier limits; the absence of such a notice, or of any technical
enforcement, does not waive these limits.

3. RESTRICTIONS

Except as expressly permitted by this Agreement or by mandatory law, you may
not, and may not permit any third party to:

a. copy the Software other than as strictly necessary to install and run it,
   or as part of ordinary infrastructure backups;
b. modify, adapt, translate or create derivative works of the Software;
c. distribute, sell, rent, lease, lend, host for third parties, sublicense or
   otherwise make the Software available to any third party;
d. reverse engineer, decompile or disassemble the Software, except to the
   extent such acts are permitted by applicable mandatory law (in particular
   Articles L.122-6 and L.122-6-1 of the French Intellectual Property Code)
   notwithstanding this limitation, and then only after having requested from
   the Publisher the information necessary for interoperability;
e. alter, remove or circumvent the edition marking of the Software, any
   license or free-tier check, or any proprietary notice;
f. use the Software to provide a commercial hosted or managed service whose
   primary value is the Software itself.

Access to the source code, where granted in any form, does not grant any
right beyond those in Section 2; the source repository is not distributed
under an open source license.

4. THIRD-PARTY COMPONENTS

The Software includes third-party open source components, listed with their
licenses in the THIRD-PARTY-NOTICES.md file distributed with the Software. Those
components remain governed by their own licenses. In addition, the Software
can download and run third-party inference engine container images (for
example vLLM, Text Generation Inference, SGLang, llama.cpp); those images are
not part of the Software, are fetched under your own responsibility and are
governed solely by their own licenses.

5. CENTRAL HUB SERVICES

The GPU Kitchen central hub (accounts, catalog, published benchmarks,
billing) is an online service operated by the Publisher. It is not part of
the Software and its use is governed by the terms of use published at
https://gpu.kitchen/terms — not by this Agreement.

6. DATA AND TELEMETRY

Information about the data the Software and the central hub services process
(account data, telemetry, published benchmark results) is described in the
privacy policy published at https://gpu.kitchen/privacy. The Community
Edition does not require an account. Until an Installation is registered
with a GPU Kitchen account, it sends no data about you, your machines or your
work to the Publisher. It makes two checks: once a day, and when someone checks
for updates, it asks the Publisher's release server whether a new version
exists; and a beta or pre-release version checks the time with
api.gpu.kitchen when it starts and about twice a day (Section 7). These checks
reveal only the Installation's IP address.

7. PRE-RELEASE SOFTWARE

While the Software is distributed as a beta or pre-release version, it is
provided for evaluation and early use; features, formats and limits
(including the free-tier limit of Section 2) may change in later versions.

A beta version needs network access to api.gpu.kitchen to run. It checks
the time there when it starts and about twice a day. After half a day
without an answer, it warns in the app; after a day, it pauses until
api.gpu.kitchen answers again. A beta version stops working on
January 20, 2027: it then removes its own programs and containers, and keeps
your data, models, secrets and settings. Install a later version to continue.

8. INTELLECTUAL PROPERTY; FEEDBACK

The Software is licensed, not sold. The Publisher and its licensors retain
all right, title and interest in and to the Software. If you send the
Publisher feedback, suggestions or bug reports, you grant the Publisher a
perpetual, irrevocable, worldwide, royalty-free license to use them without
restriction or compensation.

9. NO WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED
"AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. THE SOFTWARE DRIVES GPU
HARDWARE (CLOCKS, POWER LIMITS, FANS, LIGHTING) AND RUNS THIRD-PARTY
WORKLOADS; YOU ARE SOLELY RESPONSIBLE FOR THE SUITABILITY, COOLING, POWER AND
BACKUP OF YOUR HARDWARE AND DATA.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PUBLISHER SHALL NOT BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, NOR
FOR ANY LOSS OF PROFITS, REVENUE, DATA OR USE, ARISING OUT OF OR RELATED TO
THE SOFTWARE, AND THE PUBLISHER'S AGGREGATE LIABILITY UNDER THIS AGREEMENT
SHALL NOT EXCEED ONE HUNDRED (100) EUROS, THE SOFTWARE BEING PROVIDED FREE OF
CHARGE. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW (INCLUDING LIABILITY FOR GROSS
NEGLIGENCE, WILFUL MISCONDUCT, DEATH OR PERSONAL INJURY).

11. TERM AND TERMINATION

This Agreement applies for as long as you use the Software. It terminates
automatically if you breach it. Upon termination you must stop using the
Software and delete all copies. Sections 3, 8, 9, 10, 11 and 12 survive
termination.

12. GOVERNING LAW AND JURISDICTION

This Agreement is governed by French law. Any dispute relating to it that
cannot be resolved amicably shall be submitted to the competent courts of
Toulouse, France, subject to any mandatory consumer-protection rules granting
jurisdiction elsewhere.

13. MISCELLANEOUS

If any provision of this Agreement is held unenforceable, the remainder
remains in effect. The Publisher may license the Software to you under
updated terms for new versions of the Software. This Agreement is the entire
agreement between you and the Publisher concerning the Community Edition,
unless you have signed a separate written agreement with the Publisher, in
which case that agreement prevails.