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