> > Are you doing development work on subversion, arch, or another revision
> > control system? If not, what is the concern?
>
> I've worked in the past on cvs for a client. I usually don't care much
> about licences but there's been so much noise about this one and I take that
> as an indication that the bitkeeper people have some agenda with that
> licence and I'd rather not be subject to it.
I've just gone looking for the current version of the license --
it's not actually easy to find from the web pages:
http://www.bitkeeper.com/bkl.txt
We certainly had concerns when we embarked on using bk, but
there's no denying that it's a damn good tool, considerably
better than cvs/arch/subversion. Different people in the group
have tried using both arch and subversion for other large
projects, but the experience hasn't been good.
I'm no lawyer, but from my reading of the license there should be
no *legal* problem with *anyone* using it for Xen development,
providing that a) you don't mind having your ChangeLog entries
logged and viewable to the whole world and b) you intend to make
the source "publicly available".
The latter point made us slightly nervous as some of the
ChangeLog entries for a previous large project were somewhat
'colourful', but in practice this hasn't been a problem, so far.
Anyhow, I've been meaning to write a script to make the nightly
src and builds available for download as a tar ball.
Best,
Ian
=========================================================================
BitKeeper License version 1.40, 08/23/02
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 accom-
panying files, such as documentation, known as the BitKeeper Soft-
ware. The set of programs and files must include all files and pro-
grams distributed by BitMover 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 files contained below the top level BitKeeper directory in a
BitKeeper Package, in particular the BitKeeper/html directory and
the BitKeeper/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 open-
logging.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.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 Software as distributed by
BitMover, Inc.
2. LICENSE GRANTS
Licensees may freely install, use, copy, and distribute Conforming Soft-
ware.
3. LICENSEE OBLIGATIONS
(a) Maintaining Open Logging Feature: You hereby warrant that you will not
take any action to disable or otherwise interfere with the Open Log-
ging feature of the BitKeeper Software. 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 Meta-
data to an Open Logging server, You hereby grant BitMover, 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 BitKeeper/etc/REPO LICENSE file within the Bit-
Keeper 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 conformance, at the request of BitMover, by making
your BitKeeper repositories publicly available via the BitKeeper pro-
tocol within 15 days from the time of such request. In the event that
You do not wish to make BitKeeper repositories publicly available, You
have 15 days in which to negotiate a waiver, convert said repositories
to closed use, or cease use of said repositories.
(c) 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 capabili-
ties of the BitKeeper Software, or, in the reasonable opinion of Bit-
Mover, competes with the BitKeeper Software.
(d) Inclusion with another product having source and/or configuration man-
agement features: Inclusion of the BitKeeper Software for use with a
system having substantially similar capabilities of the BitKeeper
Software requires prior written 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 participating in
BKL licensing restrictions such as Open Logging. Closed use of the Bit-
Keeper Software requires that you (or your organization) purchase closed
use licenses for all users of the BitKeeper Software within your organiza-
tion. 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 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 terminating 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 Software. Damages for copy-
right 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 INTEL-
LECTUAL PROPERTIES (E.G. PATENTS OR COPYRIGHTS), WARRANTIES THAT THE COV-
ERED 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 DISCLAIMER 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 automati-
cally 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.
+ 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 liti-
gation 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 HEREUNDER OF THE PAR-
TICULAR 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 LIABIL-
ITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY OR TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY 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 obligations hereunder,
at its sole discretion.
8.3. Severability
If any provision of this License is held to be unenforceable, such provi-
sion 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 Cali-
fornia, as applied to contracts entered into and to be performed in Cali-
fornia 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
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