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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