Skip to content

Open-Weight AI Model Licences Explained: Can You Use Them Commercially?

Apache 2.0, MIT, the Llama licence, Gemma terms and non-commercial licences explained in plain language, with the licence of every popular model family.

Category
AI & LLMs
Covers
ai, llm, open-source
On this page

“Open” AI models come with very different licences. Some are as free as any open-source library; others cap the number of users, require attribution or forbid commercial use outright. If you ship a product or run a model for customers, the licence matters as much as the benchmark scores.

This article explains the common licence types in plain language. It is not legal advice: read the licence of the exact model you deploy, and ask your legal team when in doubt.

Open Weights Are Not the Same as Open Source

Most “open” models are open-weight: you can download and run the trained weights, but the training data and code often stay private, and the licence may restrict how you use them. In 2024 the Open Source Initiative published the Open Source AI Definition, which also expects enough information about the training data to rebuild the model. Only a few releases, such as NVIDIA’s Nemotron and AI2’s OLMo, publish data and recipes as well.

The Main Licence Types

Permissive: Apache 2.0 and MIT

These are standard open-source licences. You can use the model commercially, modify it, fine-tune it and redistribute it. Apache 2.0 also grants a patent licence and asks you to keep the licence and notice files. Families that use them for most models include Qwen, Gemma 4, gpt-oss, Granite, Phi (MIT), DeepSeek (MIT) and the small Mistral models.

Modified MIT

Some vendors take the MIT licence and add one condition, usually that very large products (by monthly users or revenue) must display the model’s name. Kimi K2.x, Mistral Medium 3.5 and Devstral 2 use variants of this. For most companies they behave like MIT, but read the added clause.

Community licences: Llama

The Llama licences allow commercial use, with conditions:

  • Companies with more than 700 million monthly active users must ask Meta for a separate licence.
  • You must show “Built with Llama” and include the licence when you distribute the model or a product based on it.
  • An acceptable-use policy lists prohibited uses.
  • Llama 3.x licences ask that fine-tuned models you distribute have names starting with “Llama”.

Meta’s newer Muse Glimmer model, by contrast, is Apache 2.0.

Vendor terms: Gemma Terms of Use and others

Gemma 1 to 3 use the Gemma Terms of Use. They allow commercial use but include a prohibited-use policy that you must pass on to your own users, and Google may update that policy. Gemma 4 moved to Apache 2.0. Other custom licences in this group include the Qwen Community License (Qwen3.8 Flash-Next), the Muse Model License, the Kimi K3 licences, the GLM-5.3 licence, the Mistral Ecosystem Open-Weight License (Mistral Large 4) and NVIDIA’s open model licences. Each is different, so read them one by one.

Non-commercial

Some weights are for research or evaluation only. Mistral’s Codestral 22B uses the Mistral Non-Production License, which does not allow use in a commercial product. Medical models such as MedGemma add their own terms.

This table is generated from the TecAdmin AI models directory and lists the licence of each family’s current models. Click a family for the licence of every individual model.

FamilyLicence (current models)
DeepSeekMIT licence for R1, V3.1 and V4, so commercial use is allowed. The original DeepSeek-V3 weights used DeepSeek's own model licence.MIT: DeepSeek-V4.1 Flash, DeepSeek-V4 Pro
DevstralDevstral Small models are Apache 2.0. Devstral 2 (123B) uses a modified MIT licence. Codestral 22B uses the Mistral Non-Production License (no commercial use).Modified MIT: Devstral 2Apache 2.0: Devstral Small 2
Embedding modelsMostly Apache 2.0 or MIT. EmbeddingGemma (version 1) uses the Gemma Terms of Use.Apache 2.0: EmbeddingGemma 2, Qwen3-Embedding, nomic-embed-text v2 MoE, Snowflake Arctic Embed 2MIT: bge-m3
GemmaGemma 4 is Apache 2.0. Gemma 3 and older use the Gemma Terms of Use, which allow commercial use but include a prohibited-use policy. MedGemma uses Health AI Developer Foundations terms.Apache 2.0: Gemma 4Gemma Terms of Use: TranslateGemmaHealth AI Developer Foundations: MedGemma
GLMMIT for GLM-5.2, GLM-5.3-Flash, GLM-4.7-Flash and GLM-OCR. GLM-5.3 uses its own GLM-5.3 licence.GLM-5.3 License: GLM-5.3MIT: GLM-5.3-Flash, GLM-4.7-Flash, GLM-OCR
gpt-ossApache 2.0 plus a short usage policy, so commercial use is allowed.Apache 2.0: gpt-oss-safeguard, gpt-oss
GraniteApache 2.0 on every model, so commercial use is allowed.Apache 2.0: Granite 4.2, Granite Guardian 4.1
KimiKimi K2.x models use a modified MIT licence (attribution for very large products). Kimi K3 and K3.1 Pro use their own Kimi licences; read them before commercial use.Kimi K3.1 Pro License: Kimi K3.1 ProKimi K3 License: Kimi K3Modified MIT: Kimi K2.7 Code
LlamaLlama Community License: free for commercial use, but companies with more than 700 million monthly users need a separate licence from Meta, and you must show "Built with Llama".Llama 4 Community License: Llama 4
Meta MuseMuse Glimmer is Apache 2.0. Muse Spark Open uses the Muse Model License, which has limited commercial terms; read it before you build a product on it.Muse Model License: Muse Spark OpenApache 2.0: Muse Glimmer
MistralSmall, Ministral and older models are Apache 2.0. Mistral Medium 3.5 uses a modified MIT licence and Mistral Large 4 the Mistral Ecosystem Open-Weight License; check both before commercial use.Mistral Ecosystem Open-Weight License: Mistral Large 4Modified MIT: Mistral Medium 3.5Apache 2.0: Ministral 3, Mistral Small 3.2
NemotronNemotron 3.5 and Nemotron 3 Ultra use OpenMDW 1.1, a permissive open model licence. Older Nemotron 3 models use the NVIDIA Nemotron Open Model License, which also allows commercial use.OpenMDW 1.1: Nemotron 3.5 Super, Nemotron 3.5 Bolt, Nemotron 3.5 Lightning, Nemotron 3 UltraNVIDIA Open Model License: Nemotron Cascade 2
PhiMIT licence, so commercial use is allowed.MIT: Phi-4-reasoning, Phi-4-mini-reasoning, Phi-4-mini, Phi-4
QwenApache 2.0 for almost every model, so commercial use is allowed. The Qwen3.8 Flash-Next preview uses the Qwen Community License.Apache 2.0: Qwen3.8, Qwen3.6, Qwen3.5
Qwen CoderApache 2.0, so commercial use is allowed.Apache 2.0: Qwen3-Coder-Next

Live data from the TecAdmin AI models directory, updated daily (last checked 14 Nov 2026). VRAM is for the default 4-bit build with an 8K context.

A Quick Checklist Before You Ship

  1. Find the licence of the exact model and version. Licences change between generations (Gemma 3 vs Gemma 4).
  2. Check whether a fine-tune or quantized download (for example a GGUF on Hugging Face) keeps the original licence. It must.
  3. Look for user or revenue thresholds, attribution rules and naming rules.
  4. Read the acceptable-use policy and pass it on to your users if the licence requires it.
  5. Keep a copy of the licence text with your deployment, as Apache 2.0 and most others require.

Not sure which model to pick? Compare candidates side by side, for example Qwen vs Llama or Gemma vs Llama, where the licence is part of the comparison.

Rahul

Rahul Kumar is the founder and chief editor of TecAdmin.net. A Red Hat Certified Engineer (RHCE), he has worked in IT since 2009, with hands-on experience in Linux system administration, DevOps, web hosting, cloud platforms and automation. He started TecAdmin in 2013 to share practical, step-by-step guides, and leads its editorial work with one aim: making technical learning clear and useful for sysadmins, developers and beginners alike.

Leave a Reply

Your email address will not be published. Required fields are marked *


Back to top