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bk bkl(1) BitKeeper User's Manual bk bkl(1)
NAME
bk bkl - display free use BitKeeper license
LICENSE
BitKeeper License version Sep-16-2002
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 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 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
and BitKeeper/triggers 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.
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 Logging,
identically to the current version of the BitKeeper Soft-
ware as distributed by BitMover, Inc.
2. LICENSE GRANTS
Licensees may freely install, use, copy, and distribute Conform-
ing Software.
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) 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 con-
tains substantially similar capabilities of the BitKeeper
Software, or, in the reasonable opinion of BitMover, com-
petes with the BitKeeper Software.
(e) Inclusion with another product having source and/or config-
uration management features: Inclusion of the BitKeeper
Software for use with a system having substantially similar
capabilities of the BitKeeper Software requires prior writ-
ten permission from BitMover.
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 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, copying, or distribution of non-conforming software is a
violation of copyrights held by BitMover on the BitKeeper Soft-
ware. 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 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.
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.
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. BKL
CATEGORY
Licensing
BitMover, Inc 2002/09/22 1
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