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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