From: Larry McVoy <lm@bitmover.com> Date: Wed, 15 Dec 1999 21:37:36 -0800 To: corbet@eklektix.com Subject: BKL BitKeeper License draft 1.19, 12/15/99 1. Definitions BKL: This license in its entirety, also known as the BitKeeper License. You: The licensee of the BitKeeper Software. BitMover: The licensor of the BitKeeper Software. GPL: The Free Software Foundation's General Public License, version 2. BitKeeper Software: + In the case of a binary distribution, the complete set of executable programs and any accompanying files, such as documentation, known as the BitKeeper Software. + In the case of an installation for use, the complete set of executable programs and any accompanying files, such as documentation, known as the BitKeeper Software. + In the case of a source distribution, the complete set of source files, known as the BitKeeper Software. + In any case, the set of files distributed must include all files and programs distributed by BitMover, Inc. as part of the BitKeeper Soft- ware. Open Logging: The transmission of meta information, such as the change commen- taries, about the data managed by the BitKeeper Software, to a function- ing Open Logging server in the openlogging.org domain (or, in the case of a domain name dispute, an alternative domain as posted on www.bit- keeper.com/logging). Conforming Software: BitKeeper Software (i) which passes all of the current regression tests for that version of the BitKeeper Software; the tests must be unmodified and are not licensed under the BKL; (ii) which performs Open Logging identically to a current or recent (less than one year old) version of the BitKeeper Software as distributed by BitMover, Inc.; and (iii) which is distributed under the terms of the BKL. BitKeeper Project: A set of files managed by the same BitKeeper ChangeSet file. There may be multiple instances of the project; each instance is called a repository. Single user BitKeeper project: A BitKeeper project wherein all changes to all files are made by the same person. BKL Copyright (C) 1999 BitMover, Inc. Page 1 2. License Grants (a) Licensees may freely install, use, copy, and distribute unmodified Bit- Keeper Software. (b) Licensees may create, install, use, and distribute, derivative works which are (or, in the case of a source distribution, will produce) Con- forming Software. (c) The subset of the system known as the MDBM library is also available under the terms of the GPL. (d) The subset of the system known as the LEAKS library is also available under the terms of the GPL. (f) The subset of the system known as the INSTALLER is also available under the terms of the GPL. 3. Licensee Obligations (a) Maintaining Open Logging Feature: You hereby warrant that you will not take any action to disable or otherwise interfere with the Open Logging feature of the BitKeeper Software. You hereby warrant that you will take any necessary action to enable the transmission of the log mes- sages, provided that it is possible for electronic mail to be sent from your site. (b) Modifications: You may provide modifications to BitMover. By doing so, You grant BitMover permission to distribute the modification under any license. This provision survives any termination of your license. In return, BitMover promises that future versions of the BitKeeper Software that contain your modification will be available under the BKL. (c) Inclusion with other products: If you include the BitKeeper Software for use with another source / configuration management system, that system must inform the user, at each execution of a BitKeeper program, that the program is part of the BitKeeper Software with the following statement: ``This software is part of the BitKeeper configuration management sys- tem.'' 4. NON-CONFORMING USE 4.1. CLOSED USE Closed use of the BitKeeper Software requires that you (or your organization) purchase closed use licenses for all users of the BitKeeper Software within your organization. Closed use is the use of the BitKeeper Software without Open Logging. Closed use licensees receive support, tested upgrades, and may choose to disable Open Logging. The BKL does not convey authority to make closed use of the BitKeeper Software. BKL Copyright (C) 1999 BitMover, Inc. Page 2 4.2. LOGGING WAIVERS Sites which do not wish to have their changes logged on an Open Logging server, such as educational or research institutes, should apply for, and may be granted, a written waiver from BitMover, Inc. After applying for a written waiver, such an institution may use the BitKeeper Software without Open Log- ging, for up to 90 days, or until a response is received from BitMover, Inc., whichever comes first. Should BitMover not grant your waiver request, you have the option of converting to Open Logging, immediately terminating your use of the BitKeeper Software or continuing your use after purchasing closed use license[s]. Single user BitKeeper projects Open Logging is optional. 4.3. DAMAGES Use, copying, or distribution of non-conforming software without purchasing a closed use license or receiving a logging waiver is a violation of copyrights held by BitMover on the BitKeeper Software. Damages for copyright infringe- ment are the greater of actual damages or up to $100,000 per infringement. 5. CONVERSION TO THE GPL The BitKeeper Software will be made available under the terms of the GPL in the event that BitMover, Inc. (or any purchaser of BitMover, Inc.) fails to provide functioning Open Logging servers for a continuous period of 180 days starting on or after June 1st 2000. 6. DISCLAIMER OF WARRANTY COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN ``AS IS'' BASIS, WITHOUT WARRANTY OR INDEMNIFICATION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUD- ING, WITHOUT LIMITATION, WARRANTIES OR INDEMNITIES CONCERNING INTELLECTUAL PROPERTIES (E.G. PATENTS OR COPYRIGHTS), WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. SHOULD ANY PORTION OF BITKEEPER SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU ASSUME THE COST OF ANY RESULTING DAMAGES, NECESSARY SERVICING, REPAIR OR COR- RECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF BITKEEPER SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER. BKL Copyright (C) 1999 BitMover, Inc. Page 3 7. TERMINATION + This License and the rights granted hereunder will terminate automatically if you fail to comply with terms herein. Provisions which, by their nature, should remain in effect beyond the termination of this License shall survive including, without limitation, Section 3(b). + If the Open Logging requirement is found to be unenforceable, then this license automatically terminates unless You voluntarily continue to comply with the Open Logging requirement. + Should You or your organization choose to institute patent, copyright, and/or intellectual property litigation against BitMover, Inc. with respect to the BitKeeper Software, then this License and the rights granted hereun- der will terminate automatically as of the date such litigation is filed. 8. LIMITATION OF LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, BITMOVER'S LIABILITY TO YOU FOR CLAIMS RELATING TO THIS LICENSE, WHETHER FOR BREACH OR IN TORT, SHALL BE LIM- ITED TO ONE HUNDRED PERCENT (100%) OF THE AMOUNT HAVING THEN ACTUALLY BEEN PAID BY YOU TO BITMOVER FOR ALL COPIES LICENSED HEREUNDER OF THE PARTICULAR ITEMS GIVING RISE TO SUCH CLAIM, IF ANY. IN NO EVENT WILL BITMOVER BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCI- DENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS LICENSE (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REM- EDY. 9. MISCELLANEOUS 9.1. Merger This License represents the complete agreement between You and BitMover regarding the BitKeeper Software covered by this License. 9.2. Assignment BitMover may assign this License, and its rights and obligations hereunder, at its sole discretion. 9.3. Severability If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. BKL Copyright (C) 1999 BitMover, Inc. Page 4 9.4. Governing Law/Jurisdiction This License shall be governed by the laws of the US and the State of Califor- nia, as applied to contracts entered into and to be performed in California between California residents. BKL Copyright (C) 1999 BitMover, Inc. Page 5