add BitKeeper License

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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