BitKeeper free use license
[Posted October 9, 2002 by corbet]
bk bkl(1) BitKeeper User's Manual bk bkl(1)
NAME
bk bkl - BitKeeper License version 1.37, 02/18/02
LICENSE
BitKeeper License version 1.38, 03/28/02
1. DEFINITIONS
BKL: This license in its entirety, also known as the Bit-
Keeper License.
You: The licensee of the BitKeeper Software.
BitMover: The licensor of the BitKeeper Software.
BitKeeper Software: The complete set of executable pro-
grams and any accompanying files, such as documenta-
tion, known as the BitKeeper Software. The set of
programs and files must include all files and pro-
grams distributed by BitMover as part of the Bit-
Keeper Software.
BitKeeper Package: A set of files managed by the same Bit-
Keeper ChangeSet file. There may be multiple
instances of the package; each instance is called a
repository.
Single user BitKeeper Package: A BitKeeper Package wherein
all changes to all files are made by the same person
and the total number of files does not exceed 1000.
Metadata: Information about the data managed by the Bit-
Keeper 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 files contained in the top level BitKeeper
directory in a BitKeeper Package, in particular
the BitKeeper/html directory and the Bit-
Keeper/etc/config file.
Open Logging: The transmission of Metadata about the data
managed by the BitKeeper Software, to a functioning
Open Logging server in the openlogging.org domain
(or an alternative domain as posted on www.bit-
keeper.com/logging). Examples of such collected
information may be seen at http://www.openlog-
ging.org.
Conforming Software: BitKeeper Software that:
(i) passes all of the current, unmodified, regression
tests for the BitKeeper Software;
(ii) performs all licensing functions, such as Open Log-
ging, identically to the current version of the Bit-
Keeper Software as distributed by BitMover, Inc.
2. LICENSE GRANTS
Licensees may freely install, use, copy, and distribute
Conforming Software.
3. LICENSEE OBLIGATIONS
(a) Maintaining Open Logging Feature: You hereby warrant
that you will not take any action to disable or oth-
erwise interfere with the Open Logging feature of the
BitKeeper Software. You hereby warrant that you will
take any necessary actions to ensure that the Bit-
Keeper Software successfully transmits the Metadata
to an Open Logging server within 7 days of the cre-
ation of said Metadata. By transmitting the Metadata
to an Open Logging server, You hereby grant BitMover,
or any other operator of an Open Logging server, per-
mission to republish the Metadata sent by the Bit-
Keeper Software to the Open Logging server.
(b) Modifications: You may provide, at your option, modi-
fications to BitMover. By doing so, You grant Bit-
Mover 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 con-
tain your modification will be available under the
BKL.
(c) 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 BitKeeper/etc/REPO LICENSE file
within the BitKeeper Package and/or by running
bk repo license.
(d) 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 capabil-
ities of the BitKeeper Software, or, in the reason-
able opinion of BitMover, competes with the BitKeeper
Software.
(e) Inclusion with another product having source and/or
configuration management features: Inclusion of the
BitKeeper Software for use with a system having sub-
stantially similar capabilities of the BitKeeper
Software requires prior written permission from Bit-
Mover.
4. NON-CONFORMING USE
4.1. Single user packages
For single user BitKeeper Packages, Open Logging is
optional.
4.2. Closed Use
Closed use is the use of the BitKeeper Software without
participating 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 BitKeeper 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 Bit-
Mover, 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, copying, or distribution of non-conforming software
is a violation of copyrights held by BitMover on the Bit-
Keeper Software. Damages for copyright infringement are
the greater of actual damages or statutory damages, which
are currently 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 Bit-
Mover.
BitMover reserves the right to terminate this license for
any licensee or group of licensees whose usage under the
terms of the BKL results in support costs to BitMover in
excess of $20,000.
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 LIM-
ITATION, 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 POR-
TION OF BITKEEPER SOFTWARE PROVE DEFECTIVE IN ANY RESPECT,
YOU ASSUME THE COST OF ANY RESULTING DAMAGES, NECESSARY
SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WAR-
RANTY 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 ter-
minate 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 any of the licensing requirements, such as Open Log-
ging, 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 litiga-
tion against BitMover, Inc. with respect to the Bit-
Keeper 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 BitKeeper Software.
7. 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 LIMITED TO ONE
HUNDRED PERCENT (100%) OF THE AMOUNT HAVING THEN ACTUALLY
BEEN PAID BY YOU TO BITMOVER FOR ALL COPIES LICENSED HERE-
UNDER 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), 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 POSSI-
BILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE 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.
8.2. Assignment
BitMover may assign this License, and its rights and obli-
gations hereunder, at its sole discretion.
8.3. Severability
If any provision of this License is held to be unenforce-
able, such provision shall be reformed only to the extent
necessary to make it enforceable.
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) 1999-2002 BitMover, Inc. Page 1
CATEGORY
Licensing
BitMover, Inc 2002/03/28 1
