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