[LWN Logo]

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