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BitKeeper license
bk bkl(1) BitKeeper User's Manual bk
bkl(1)
NAME
bk bkl - display free use BitKeeper license
LICENSE
BitKeeper License version August-18-2003
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.
BitKeeper Software: The complete set of executable programs and
any accompanying files, such as documentation, known as
the BitKeeper Software. The set of programs and files
must include all files and programs distributed by Bit-
Mover as part of the BitKeeper Software.
BitKeeper Package: A set of files managed by the same BitKeeper
ChangeSet file. There may be multiple instances of the
package; each instance is called a repository.
Single user BitKeeper Packages: One or more BitKeeper Packages
wherein all changes to all files are made by the same per-
son and the total number of unique files over all Bit-
Keeper Packages does not exceed 1000.
Metadata: Information about the data managed by the BitKeeper
Software in a BitKeeper Package, such as
+ The ChangeSet file;
+ The messages which annotate modifications of the data
(also known as check in comments, ChangeLog entries,
and/or log messages);
+ All infrastructure files contained below the top level
BitKeeper directory in a BitKeeper Package. User data
files, i.e., files contained in the BitKeeper/deleted
directories are explicitly excluded.
Open Logging: The transmission of Metadata about the data man-
aged by the BitKeeper Software, to a functioning Open Log-
ging server in the openlogging.org domain (or an alterna-
tive domain as posted on www.bitkeeper.com/logging).
Examples of such collected information may be seen at
http://www.openlogging.org.
2. LICENSE GRANTS
Licensees may install and use the BitKeeper Software for its
intended purpose.
3. LICENSEE OBLIGATIONS
(a) Maintaining Open Logging Feature: You hereby warrant that
You will not take any action to disable or otherwise inter-
fere with the Open Logging feature of the BitKeeper Soft-
ware. You hereby warrant that You will take any necessary
actions to ensure that the BitKeeper Software successfully
transmits the Metadata to an Open Logging server within 21
days of the creation of said Metadata. By transmitting the
Metadata to an Open Logging server, You hereby grant Bit-
Mover, or any other operator of an Open Logging server,
permission to republish the Metadata sent by the BitKeeper
Software to the Open Logging server.
(b) Accessing Others' BitKeeper Package: You may only use the
BitKeeper Software to access a BitKeeper Package created by
BitMover or third parties if You comply with the license of
the BitKeeper Package, which can be found at the Bit-
Keeper/etc/REPO_LICENSE file within the BitKeeper Package
and/or by running bk repo_license.
(c) Maintaining Open Source: It is the intent of BitMover that
Your use of BitKeeper under this license is for the purpose
of maintaining Open Source. By accepting this license, You
agree that You are prepared to demonstrate Your confor-
mance, at the request of BitMover, by making your BitKeeper
repositories publicly available via the BitKeeper protocol
within 15 days from the time of such request. In the event
that You do not wish to make BitKeeper repositories pub-
licly available, You have 15 days in which to negotiate a
waiver, convert said repositories to closed use, or cease
use of said repositories.
(d) No free use for competitors: Notwithstanding any other
terms in this License, this License is not available to You
if You and/or your employer develop, produce, sell, and/or
resell a product which contains substantially similar capa-
bilities of the BitKeeper Software, or, in the reasonable
opinion of BitMover, competes with the BitKeeper Software.
(e) No combination with competing products: Inclusion of the
BitKeeper Software for use with a system having substan-
tially similar capabilities of the BitKeeper Software
requires prior written permission from BitMover.
(f) Staying current: This license is terminated in the event
there is a new release of the BitKeeper Software which has
associated regression tests and said regression tests would
not be passed by this version of the BitKeeper Software.
This license is terminated in the event there is a new
release of the BitKeeper Software which contains any
changes to any part of the licensing functions, including
but not limited to Open Logging.
(g) No reverse engineering: You may not yourself and may not
permit or enable anyone to: (i) modify or translate the
Software; (ii) reverse engineer, decompile, or disassemble
the Software or otherwise reduce the Software to a form
understandable by humans, except to the extent this
restriction is expressly prohibited by applicable law
notwithstanding this limitation; or (iii) provide access to
the metadata created and managed by BitKeeper to any person
or entity which is not licensed to use the BitKeeper Soft-
ware.
(h) Public reference: By using the BitKeeper Software, You
agree to the public use of your name and/or your companies'
name as a user of the BitKeeper Software.
4. NON-CONFORMING USE
4.1. Single user packages
For single user BitKeeper Packages, Open Logging is optional.
The total number of allowed single user files is 1000 per
licensee.
4.2. Closed Use
Closed use is the use of the BitKeeper Software without partici-
pating in BKL licensing restrictions such as Open Logging.
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. This license, the
BKL, does not convey authority to make closed use of the Bit-
Keeper Software.
4.3. Logging Waivers
Certain sites which do not wish to participate in Open Logging,
such as educational or research institutes, may 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 Logging, 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 ter-
minating your use of the BitKeeper Software or continuing your
use after purchasing closed use license[s].
4.4. Damages
Use and/or copying of modified versions of the BitKeeper Soft-
ware is a violation of copyrights held by BitMover on the Bit-
Keeper Software. Use of the BitKeeper Software without a
license is a violation of copyrights held by BitMover on the
BitKeeper Software. Damages for copyright infringement are the
greater of actual damages or statutory damages, which are cur-
rently up to $150,000 per infringement.
This license is not available to You if You and/or your company
have any unresolved copyright disputes with BitMover.
5. 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, INCLUDING, 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 CORRECTION. THIS DIS-
CLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
LICENSE. NO USE OF BITKEEPER SOFTWARE IS AUTHORIZED HEREUNDER
EXCEPT SUBJECT TO THIS DISCLAIMER.
6. TERMINATION
+ This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein. Provi-
sions which, by their nature, should remain in effect beyond
the termination of this License shall survive.
+ If any of the licensing requirements, such as Open Logging,
are found to be unenforceable, then this license automatically
terminates unless You continue to comply with all of the
licensing requirements.
+ 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 hereunder will terminate
automatically as of the date such litigation is filed.
+ If this License is terminated for any reason, You must delete
all copies of the BitKeeper Software and cease using the Bit-
Keeper Software.
7. LIMITATION OF LIABILITY
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, BITMOVER’S LIABIL-
ITY TO YOU FOR CLAIMS RELATING TO THIS LICENSE, WHETHER FOR
BREACH OR IN TORT, SHALL BE LIMITED 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, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH
OR ARISING OUT OF THIS LICENSE (INCLUDING, WITHOUT LIMITATION,
LOSS OF PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOW-
EVER IT ARISES AND ON ANY THEORY OF LIABILITY, WHETHER IN AN
ACTION FOR CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLI-
GENCE) OR OTHERWISE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAIL-
URE OF ESSENTIAL PURPOSE OF ANY REMEDY.
8. MISCELLANEOUS
8.1. Merger
This License represents the complete agreement between You and
BitMover regarding the BitKeeper Software covered by this
License. BitMover reserves all rights not specifically granted
herein.
8.2. Assignment
BitMover may assign this License, and its rights and obligations
hereunder, at its sole discretion.
8.3. 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. If any provision of this License is held
to be unenforceable, the enforceability of the remaining provi-
sions of this License will not be impaired thereby.
8.4. Governing Law/Jurisdiction
This License shall be governed by the laws of the US and the
State of California, as applied to contracts entered into and to
be performed in California between California residents. By
using this product, You submit to the jurisdiction of the courts
in the Northern District of California.
BKL Copyright (c) 1999-2003 BitMover, Inc. BKL
CATEGORY
Licensing
BitMover, Inc 2003/08/28 bk bkl(1)
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