Merge bk-internal.mysql.com:/home/bk/mysql-4.1-maint

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          License Agreement for Commercial Use of MySQL[tm] Software

This Agreement ("License") is between MySQL AB, a Swedish company

("Licensor"), and the customer ("Licensee") identified on the electronic order

form submitted on behalf of Licensee (the "Order Form"). In consideration of

the mutual promises, covenants and conditions contained herein, the

sufficiency of which is hereby acknowledged, the parties agree as follows.

1.  License Grant.

"Licensed Software" means a complete and unchanged copy of the object code

version of the MySQL relational database management software identified in the

Order Form and posted on a special download page of the MySQL AB web site (the

"Download Page") made available to Licensee immediately after payment as

provided in Section 4. Subject to payment and the other terms and conditions

hereof, Licensor grants to Licensee a limited, non-exclusive and

non-transferable right to: (a) make one copy of the Licensed Software for each

license purchased (each, a "Licensed Copy"); (b) compile and/or link each

Licensed Copy to one copy of the Licensee software identified in the Order

Form (the "Licensee Application") without modifying the Licensed Software

(each, an "Integrated Product"); and (c) load and use the Licensed Copy

portion of an Integrated Product on one machine or instrument in the operating

system environment(s), and on the hardware platform(s) specified in the Order

Form, and solely for running and extracting data from, the Licensee

Application. "Use" means operation by one person for internal business

purposes in accordance with the terms and conditions hereof. Licensed Copies

shall be deemed accepted by Licensee immediately upon download. Licensee may

make one additional copy of each Licensed Copy for backup and archival

purposes only.

2.  Transfer.

Only after Licensee has linked or compiled a Licensed Copy as permitted in

Section 1, Licensee may transfer to a third party (the "Transferee") the right

to use such copy as described in Section 1. As a condition to any such

transfer: (a) Licensee must deliver the Licensed Copy and any backup copy to

the Transferee along with a copy of this License (including the Sales Order);

and (b) the Transferee must accept the terms and conditions of this License.

Any and all of Licensee's rights to a Licensed Copy shall terminate upon

transfer of the right to use such copy. A Transferee's rights are limited to

the use rights described in Section 1(c), and do not include the linking,

compilation or copying rights (except for backup and archival copies)

described in Section 1. If you did not purchase this License directly from

MySQL AB, then you are a Transferee. Licensee and any Transferee must comply

with all applicable export laws and regulations.

3.  Restrictions.

Licensee may use the Licensed Software only as expressly provided in Section

1. Without limiting the foregoing, Licensee shall not: (a) lease, license,

use, make available, distribute or modify all or any part of the Licensed

Software to any third party, except as otherwise expressly permitted herein;

(b) use the Licensed Software to operate in or as a time-sharing, outsourcing,

service bureau, application service provider or managed service provider

environment; (c) lease, license, use, make available or distribute the

Licensed Software as a general SQL server, as a stand alone application or

with applications other than the Licensee Application under this License; (d)

copy the Licensed Software onto any public or distributed network; (e)

distribute Integrated Products pursuant to a public or open source license;

(f) port the Licensed Software to any operating system other than as described

in the Order Form; or (g) change any proprietary rights notices which appear

in the Licensed Software. Except as otherwise provided in Section 2, the

rights granted to Licensee herein are rights that may be exercised solely by

Licensee.

4.  Price and payment.

No later than thirty (30) days after submission of the Order Form, Licensee

shall remit one non-refundable license fee per Licensed Copy as posted on

http://shop.mysql.com on the date Licensee submitted the Order Form (the

"License Fee"). All payments shall be made in Euros or U.S. dollars. Licensee

shall be responsible for paying all local, state, federal and international

sales, value added, excise and other taxes and duties payable in connection

with this License, other than taxes based upon Licensor's net income. Licensee

shall not be permitted to access the Download Page until Licensor has received

payment in full.

5.  Termination.

Licensor may terminate this License immediately if the Licensee shall breach

any of the provisions of this License and such breach remains uncured 30 days

after receipt of notice. In the event that Licensee becomes liquidated,

dissolved, bankrupt or insolvent, whether voluntarily or involuntarily, or

shall take any action to be so declared, Licensor shall have the right to

terminate this License immediately. Upon expiration, cancellation or other

termination of this License, Licensee shall immediately: (a) discontinue

distribution of Integrated Products that include Licensed Software; and (b)

destroy all copies of the Licensed Software, including (without limitation) as

linked or compiled in any Integrated Product. Sections 4 through 10 shall

survive the termination of this License for any reason. 

6.  Proprietary Rights.

Licensee agrees that the copyright, patent, trade secrets and all other

intellectual proprietary rights of whatever nature in the Licensed Software

and related documentation, including derivative works, are and shall remain

the exclusive property of Licensor and any third party suppliers. Nothing in

this License should be construed as transferring any aspects of such rights to

Licensee or any third party. Licensor reserves any and all rights not

expressly granted herein. MySQL is a trademark of MySQL AB, and shall not be

used by Licensee without Licensor's express written authorization. Licensee

shall include in the Integrated Products a conspicuous notice that the

Integrated Products include software whose copyright is owned by MySQL AB.

7.  Disclaimer of Warranties.

THE LICENSED SOFTWARE IS LICENSED "AS IS," WITHOUT ANY WARRANTIES WHATSOEVER.

LICENSOR EXPRESSLY DISCLAIMS, AND LICENSEE EXPRESSLY WAIVES, ALL WARRANTIES,

WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBILITY, FITNESS

FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION,

NON-INTERFERENCE AND ACCURACY OF INFORMATIONAL CONTENT. LICENSOR DOES NOT

WARRANT THAT THE LICENSED SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS OR THAT

THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR

THAT ERRORS WILL BE CORRECTED. THE ENTIRE RISK OF THE LICENSED SOFTWARE'S

QUALITY AND PERFORMANCE IS WITH LICENSEE. Without limiting the generality of

the foregoing disclaimer, Licensee acknowledges that the Licensed Software is

not specifically designed, manufactured or intended for use in the planning,

construction, maintenance, control or direct operation of nuclear facilities,

aircraft navigation, control or communication systems, weapons systems or

direct life support systems.

8.  Indemnification.

Licensee hereby indemnifies and agrees to defend Licensor against any and all

damages, judgments and costs (including reasonable attorneys' fees) related to

any claim based upon: (a) an allegation that the Licensee Application

infringes the intellectual property of a third party; (b) use of the Licensed

Software in a manner prohibited under this License or in a manner for which

the Licensed Software was not designed; (c) integration or use of the Licensed

Software with the Licensee Application (where use of the Licensed Software

alone would not infringe); (d) changes made by Licensee to the Licensed

Software (where use of unmodified Licensed Software would not infringe); (e)

changes made, or actions taken, by Licensor upon Licensee's direct

instructions; or (f) bodily injury, property damage or any other damage or

injury due to the use or inability to use an Integrated Product.

9.  Limitation of Liability.

LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS

AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT,

INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) ANY LOST

PROFITS OR LOST SAVINGS (WHETHER RESULTING FROM IMPAIRED OR LOST DATA,

SOFTWARE OR COMPUTER FAILURE OR ANY OTHER CAUSE), EVEN IF IT HAS BEEN ADVISED

OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION IN

THIS AGREEMENT, THE LIABILITY OF LICENSOR FOR ANY REASON AND UPON ANY CAUSE OF

ACTION SHALL BE LIMITED TO THE AMOUNT PAID TO LICENSOR BY LICENSEE UNDER THIS

AGREEMENT. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE,

INCLUDING (WITHOUT LIMITATION) BREACH OF CONTRACT, BREACH OF WARRANTY,

NEGLIGENCE, MISREPRESENTATIONS AND OTHER TORTS. THE PARTIES AGREE THAT THE

REMEDIES AND LIMITATIONS HEREIN ALLOCATE THE RISKS BETWEEN THE PARTIES AS

AUTHORIZED BY APPLICABLE LAWS. THE LICENSE FEES ARE SET IN RELIANCE UPON THIS

ALLOCATION OF RISK AND THE EXCLUSION OF CERTAIN DAMAGES AS SET FORTH IN THIS

AGREEMENT.

10. Miscellaneous. 

10.1  Interpretation.

Failure by Licensor to exercise any right or remedy does not signify

acceptance of the event giving rise to such right or remedy. No action arising

out of this License may be brought by Licensee more than one year after the

cause of action has accrued. If any part of this License is held by a court of

competent jurisdiction to be illegal or unenforceable, the validity or

enforceability of the remainder of this License shall not be affected and such

provision shall be deemed modified to the minimum extent necessary to make

such provision consistent with applicable law and, in its modified form, such

provision shall be enforceable and enforced. Licensor reserves the right not

to accept any Order Form. Any invoice issued by Licensor in connection with

this License shall be deemed a part of this Agreement. To the extent of any

inconsistency between an Order Form and an invoice issued by Licensor, the

terms and conditions of the invoice shall prevail; Licensee shall be deemed to

have accepted an invoice upon payment of such invoice.  In the event that

Licensee placed an order by telephone or through an authorized sales

representative, the invoice issued by Licensor shall constitute the Order

Form.  The terms and conditions of this Agreement shall replace and serve as a

novation of the terms and conditions of any commercial (i.e., non-GPL) license

purchased online by Licensee prior to August 2002.

10.2  Binding.

This Agreement will be binding upon and inure to the benefit of the parties,

their respective successors and permitted assigns. Except as otherwise

provided in Section 2, without the prior written consent of Licensor, Licensee

may not assign this License or its rights or obligations under this License to

any person or party, whether by operation of law or otherwise; any attempt by

Licensee to assign this License without Licensor's prior written consent shall

be null and void. There are no intended third party beneficiaries of this

License. The parties are, and shall remain, independent contractors; nothing

in this License is designed to create, nor shall create between them, a

partnership, joint venture, agency, or employment relationship.

10.3  Governing Law; Dispute Forum.

If Licensee's residence, principal place of business or place of organization

is in the United States of America ("USA"), then this License shall be deemed

to have been executed in the USA and shall be governed by the laws of the

State of Delaware, without regard to the conflict of laws provisions thereof.

If Licensee's residence, principal place of business or place of organization

is in any country other than the USA, then this License shall be deemed to

have been executed in Sweden and shall be governed by the laws of Sweden,

without regard to the conflict of laws provisions thereof. In no event shall

the United Nations Convention on Contracts for the International Sale of Goods

apply to, or govern, this License. The parties consent to the exclusive

jurisdiction of the courts of Sweden and the USA, as provided in this Section.

In the event that Licensor initiates an action in connection with this License

or any other dispute between the parties, the exclusive jurisdiction of such

action shall be in: (a) Newark, Delaware, if Licensee's residence, principal

place of business or place of organization is in the USA; or (b) Uppsala,

Sweden, if Licensee's residence, principal place of business or place of

organization is in any country other than the USA. In the event that Licensee

initiates an action in connection with this License or any other dispute

between the parties, the exclusive jurisdiction of such action shall be in

Stockholm, Sweden. Notwithstanding the foregoing, either party may bring a

counterclaim in an action in the same jurisdiction in which the originating

claim was filed, and either party may enforce any judgment rendered by such

court in any court of competent jurisdiction. Licensee shall comply at its own

expense with all relevant and applicable laws related to use and distribution

of the Licensed Software as permitted in this License. Notwithstanding the

foregoing, Licensor may seek injunctive or other equitable relief in any

jurisdiction in order to protect its intellectual property rights. The parties

have agreed to execute this License in the English language, and the English

language version of the Agreement will control for all purposes. Any action

brought under this License shall be conducted in the English language.

Licensee shall be responsible for Licensor's attorneys fees and other expenses

associated with the enforcement of this License or the collection of any

amounts due under this License.

10.4  Notice.

Unless otherwise agreed, any notice under this License shall be delivered and

addressed to Licensee at the address set forth on the Order Form, and to

Licensor at Bangardsgatan 8, 753 20, Uppsala, Sweden. Notice shall be deemed

received by any party: (a) on the day given, if personally delivered or if

sent by confirmed facsimile transmission, receipt verified; (b) on the third

day after deposit, if mailed by certified, first class, postage prepaid,

return receipt requested mail, or by reputable, expedited overnight courier;

or (c) on the fifth day after deposit, if sent by reputable, expedited

international courier.  Either party may change its address for notice

purposes upon notice in accordance with this Section. Licensor may identify

Licensee as a commercial licensee, including on the MySQL web site.

10.5  GPL.

The GPL License shall continue to apply to any and all uses and distributions

of the Licensed Software undertaken by Licensee either prior to the Effective

Date, after termination, or otherwise outside the scope of this License.  This

Agreement shall not be deemed to replace or otherwise amend any Licensee

rights or obligations pursuant to the GPL License with respect to any uses of

the Licensed Software described in the preceding sentence.

10.6  Entire Agreement.

This Agreement (including the Order Form and the invoice) comprises the entire

agreement, and supercedes and merges all prior proposals, understandings and

agreements, oral and written, between the parties relating to the subject

matter of this License.  This Agreement may be amended or modified only in a

writing executed by both parties. To the extent of any conflict or

inconsistency between this License and any invoice or other document submitted

by Licensee to Licensor, this License will control. Licensor's acceptance of

any document shall not be construed as an acceptance of provisions which are

in any way in conflict or inconsistent with, or in addition to, this License,

unless such terms are separately and specifically accepted in writing by an

authorized officer of Licensor.

10.7  Print this License.

For record keeping purposes, we encourage Licensee to print this License and

the Order Form on the date that the Order Form is submitted.

MySQL is brought to you by the MySQL team at MySQL AB.

License information can be found in these files:

- For GPL (free) distributions, see the COPYING file.

- For commercial distributions, see the MySQLEULA.txt file.

- For GPL (free) distributions, see the COPYING file and

  the EXCEPTIONS-CLIENT file.

- For commercial distributions, see the LICENSE.mysql file.

For further information about MySQL or additional documentation, see:

- If you are migrating from an older version of MySQL, please read the

  "Upgrading from..." section first!

- To see what MySQL can do, take a look at the features section.

- For installation instructions, see the Installation chapter.

- For future plans, see the TODO appendix.

- For the new features/bugfix history, see the News appendix.

- For the currently known bugs/misfeatures (known errors) see the problems

  appendix.

- For installation instructions, see the Installing and Upgrading chapter.

- For the new features/bugfix history, see the Change History appendix.

- For the currently known bugs/misfeatures (known errors) see the Problems

  and Common Errors appendix.

- For a list of developers and other contributors, see the Credits

  appendix.

  OPT_SSL_CA, OPT_SSL_CAPATH, OPT_SSL_CIPHER, OPT_PS_PROTOCOL,

  OPT_SP_PROTOCOL, OPT_CURSOR_PROTOCOL, OPT_VIEW_PROTOCOL,

  OPT_SSL_VERIFY_SERVER_CERT, OPT_MAX_CONNECT_RETRIES,

  OPT_MARK_PROGRESS

  OPT_MARK_PROGRESS, OPT_CHARSETS_DIR

};

static int record= 0, opt_sleep= -1;

static char *db= 0, *pass= 0;

const char *user= 0, *host= 0, *unix_sock= 0, *opt_basedir= "./";

const char *opt_include= 0;

const char *opt_include= 0, *opt_charsets_dir;

static int port= 0;

static int opt_max_connect_retries;

static my_bool opt_compress= 0, silent= 0, verbose= 0;

static CHARSET_INFO *charset_info= &my_charset_latin1; /* Default charset */

static const char *charset_name= "latin1"; /* Default character set name */

static const char *embedded_server_groups[]=

{

  if (opt_compress || con_compress)

    mysql_options(&next_con->mysql, MYSQL_OPT_COMPRESS, NullS);

  mysql_options(&next_con->mysql, MYSQL_OPT_LOCAL_INFILE, 0);

  mysql_options(&next_con->mysql, MYSQL_SET_CHARSET_NAME, charset_name);

  mysql_options(&next_con->mysql, MYSQL_SET_CHARSET_NAME,

                charset_info->csname);

  if (opt_charsets_dir)

    mysql_options(&cur_con->mysql, MYSQL_SET_CHARSET_DIR,

                  opt_charsets_dir);

#ifdef HAVE_OPENSSL

  if (opt_use_ssl || con_ssl)

   0, 0, 0, 0, 0, 0},

  {"basedir", 'b', "Basedir for tests.", (gptr*) &opt_basedir,

   (gptr*) &opt_basedir, 0, GET_STR, REQUIRED_ARG, 0, 0, 0, 0, 0, 0},

  {"character-sets-dir", OPT_CHARSETS_DIR,

   "Directory where character sets are.", (gptr*) &opt_charsets_dir,

   (gptr*) &opt_charsets_dir, 0, GET_STR, REQUIRED_ARG, 0, 0, 0, 0, 0, 0},

  {"compress", 'C', "Use the compressed server/client protocol.",

   (gptr*) &opt_compress, (gptr*) &opt_compress, 0, GET_BOOL, NO_ARG, 0, 0, 0,

   0, 0, 0},

  if (opt_compress)

    mysql_options(&cur_con->mysql,MYSQL_OPT_COMPRESS,NullS);

  mysql_options(&cur_con->mysql, MYSQL_OPT_LOCAL_INFILE, 0);

  mysql_options(&cur_con->mysql, MYSQL_SET_CHARSET_NAME, charset_name);

  mysql_options(&cur_con->mysql, MYSQL_SET_CHARSET_NAME,

                charset_info->csname);

  if (opt_charsets_dir)

    mysql_options(&cur_con->mysql, MYSQL_SET_CHARSET_DIR,

                  opt_charsets_dir);

#ifdef HAVE_OPENSSL