The original Bacula code was Copyright Kern Sibbald and John Walker.
After November 2004, it became Copyright Kern Sibbald, and finally,
the copyright was transferred to the Free Software Foundation Europe
on 15 November 2006. The license was changed from GPLv2 to AGPLv3
on 24 July 2010. The first version of Burp was released on 22 January
2011, which was an extremely cut down and tweaked version of the Bacula code.
The intention was to cut out everything except for the Windows VSS API parts
and to combine that with librsync to make a new backup program.
As well as the Windows VSS API parts these things remain:
Some of src/attribs.c.
Some of src/base64.c
Some of src/client/find.c.
A fragment of src/berrno.c.
Some Makefiles and configure scripts.
The contents of src/yajl is copyright (c) 2007-2014, Lloyd Hilaiel.
The new Burp code is Copyright Graham Keeling.
The license for the new Burp code continues to be AGPLv3.
The name Bacula is a registered trademark of Kern Sibbald.
The name Burp is not a registered trademark of anybody.
For the most part, Burp is licensed under the AGPL version 3. This
code is listed under Copyright Free Software Foundation Europe e.V.
What follows is the addition(s) to the AGPL version 3 license, that
applies to code that is copyrighted by the Free Software Foundation
As a special exception to the AGPLv3, the Burp Project gives
permission to link the code of its release of Burp with the OpenSSL
project's "OpenSSL" library (or with modified versions of it that use
the same license as the "OpenSSL" library), and distribute the linked
executables. You must obey the GNU Affero General Public License in all
respects for all of the code used other than "OpenSSL".
As a special exception to the AGPLv3, the Burp Project gives
permission to link the code of its release of the Burp Windows client
with the Microsoft supplied Volume Shadow Copy (VSS) libraries
and distribute the linked executables. You must obey the GNU General
Public License in all respects for all of the code used other than for
the Microsoft VSS code, where you must obey their license terms.
The Burp Project gives permission for plugins with AGPLv3 compatible
licenses to be loaded and distributed with the Burp executables as
long as the combined work is distributed under the terms listed in the
Burp LICENSE file. A full list of AGPLv3 compatible licenses can be
found at: http://www.fsf.org/licensing/licenses/. If you wish to load
or distribute plugins with different licensing terms please contact
the Burp Project via http://burp.grke.net/
What follows is information from the authors of the code:
To the best of our knowledge, all code used in Burp, which is
copyrighted by a third party, has licenses that are compatible
with the OpenSSL license, and so given the exception that we have
made to the AGPLv3 above, Burp can be freely linked and distributed
with the OpenSSL libraries.
Intellectual Property rights:
Recipient understands that although each Contributor to Burp grants
the licenses to its Contributions set forth herein, no assurances are
provided by any Contributor that the Program does not infringe the
patent or other intellectual property rights of any other entity.
Each Contributor disclaims any liability to Recipient for claims
brought by any other entity based on infringement of intellectual
property rights or otherwise. As a condition to exercising the rights
and licenses granted hereunder, each Recipient hereby assumes sole
responsibility to secure any other intellectual property rights
needed, if any. For example, if a third party patent license is
required to allow Recipient to distribute the Program, it is
Recipient's responsibility to acquire that license before distributing
Each Contributor to Burp represents that to its knowledge it has
sufficient copyright rights in its Contribution, if any, to grant
the copyright license set forth in this Agreement.
Certain source code used to build the Windows version of
Burp is copyrighted and or trademarked by Microsoft
and may contain Microsoft intellectual property (examples:
Microsoft VC++, the source to the VSS libraries, the Microsoft C
runtime libraries). As such we cannot and do not distribute that
software. We are permitted however to distribute Burp with the
necessary Microsoft libraries in binary form.
You may obtain the parts that we cannot distribute as follows. The
Microsoft compiler available for purchase, and Microsoft provides a free
version of the compiler. The source code and libraries are available for
download from Microsoft public Web servers. We have documented in the
src/win32 directory the URLs from which we obtained the library source, and
how we build the Windows File daemon and many users have succeeded in doing
so themselves. Our intention is to respect as closely as possible Open
Source practices while maintaining full respect for proprietary and
3 clause BSD License notice for inclusion with the binary:
"... licensed under IBM copyrights to use the IBM-provided source code
in any way he or she deems fit ..."
Copyright (C) 1996, 1997 Free Software Foundation, Inc.
Burp can be enabled with data encryption and/or communications
encryption. If this is the case, you will be including OpenSSL code that
that contains cryptographic software written by Eric Young
(email@example.com) and also software written by Tim Hudson
There are parts of Burp that are licensed under the LGPL so
that those files may be used in proprietary code to interface with
Finally there are parts of Burp that are in the public domain.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS
IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER
OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
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The entire AGPL is reproduced below, in the manuals distributed with the
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The Free Software Foundation may publish revised and/or new versions of
the GNU Affero General Public License from time to time. Such new versions
will be similar in spirit to the present version, but may differ in detail to
address new problems or concerns.
Each version is given a distinguishing version number. If the
Program specifies that a certain numbered version of the GNU Affero General
Public License "or any later version" applies to it, you have the
option of following the terms and conditions either of that numbered
version or of any later version published by the Free Software
Foundation. If the Program does not specify a version number of the
GNU Affero General Public License, you may choose any version ever published
by the Free Software Foundation.
If the Program specifies that a proxy can decide which future
versions of the GNU Affero General Public License can be used, that proxy's
public statement of acceptance of a version permanently authorizes you
to choose that version for the Program.
Later license versions may give you additional or different
permissions. However, no additional obligations are imposed on any
author or copyright holder as a result of your choosing to follow a
15. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY
APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT
HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM
IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
16. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS
THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY
GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF
DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD
PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS),
EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
17. Interpretation of Sections 15 and 16.
If the disclaimer of warranty and limitation of liability provided
above cannot be given local legal effect according to their terms,
reviewing courts shall apply local law that most closely approximates
an absolute waiver of all civil liability in connection with the
Program, unless a warranty or assumption of liability accompanies a
copy of the Program in return for a fee.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest
possible use to the public, the best way to achieve this is to make it
free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest
to attach them to the start of each source file to most effectively
state the exclusion of warranty; and each file should have at least
the "copyright" line and a pointer to where the full notice is found.
<one line to give the program's name and a brief idea of what it does.>
Copyright (C) <year> <name of author>
This program is free software: you can redistribute it and/or modify
it under the terms of the GNU Affero General Public License as published by
the Free Software Foundation, either version 3 of the License, or
(at your option) any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU Affero General Public License for more details.
You should have received a copy of the GNU Affero General Public License
along with this program. If not, see <http://www.gnu.org/licenses/>.
Also add information on how to contact you by electronic and paper mail.
If your software can interact with users remotely through a computer
network, you should also make sure that it provides a way for users to
get its source. For example, if your program is a web application, its
interface could display a "Source" link that leads users to an archive
of the code. There are many ways you could offer source, and different
solutions will be better for different programs; see section 13 for the
You should also get your employer (if you work as a programmer) or school,
if any, to sign a "copyright disclaimer" for the program, if necessary.
For more information on this, and how to apply and follow the GNU AGPL, see