The following terms govern the release of MySQL under the terms of the GNU General Public License (GPL) and the agreement between Progress Software Corporation, hereafter called PSC, and TCX DataConsult AB, MySQL AB, Monty Widenius, and David Axmark, hereafter called MySQL AB.
1. On the day of the announcement, PSC will make the first payment to MySQL AB of $74,167 ($104,167 - $30,000 prepayment). That, together with the announcement of our decision to provide enterprise-level support for MySQL and provide a packaged product for purchace, will add tremendous credibility to MySQL in the marketplace, adding to what we can do with analysts, the trade press, etc. We would announce this as the first payment of a total of up to $2.5 million, and we will continue making these payments at the level of $104,167 through at least August. Thereafter, payments and other arrangements would be governed by a further agreement between us, which we would need to finalize before continuing payments.
2. MySQL AB will have the right to examine all public information with regard to the relationship between PSC and MySQL AB to insure PSC does not accidentally say something that may limit MySQL AB's possible future choices and create confusion. MySQL AB will have the right to approve all press releases that concern the current and future relationship between PSC and MySQL AB. MySQL AB agrees that approval will not be unreasonably withheld.
3. On the day of the announcement TCX DataConsult AB, MySQL AB, Monty Widenius and David Axmark will place MySQL Version 3.23 (the current development version) under GPL.
4. MySQL AB confirms that as part of this arrangement that PSC has the right to sell and distribute MySQL under the GPL license starting from the day of the announcement forward.
5. PSC has the right to purchase hardcopy printed MySQL documentation from the chosen MySQL documentation publisher at cost from the day of the announcement forward. PSC agrees to sell this documentation only in conjunction with a copy of MySQL or with other substantial value added. In the event there is no exclusive source for documentation PSC may print any needed documentation itself.
6. PSC has the right to fair use of the “MySQL” trademark including the right to register and use combination trademarks limited to “NuSphere MySQL”, “enhanced MySQL”, and “Rocket MySQL”.
7. MySQL AB will provide 5 days of training for PSC employees at no additional cost, scheduled by mutual agreement. PSC will assume that all PSC personnel have read the MySQL manual and Paul Dubois' book before this training. MySQL AB employees may attend this training class.
8. MySQL AB will provide third-level support to back up PSC provided support services through at least August using existing electronic support channels. Thereafter, MySQL AB will provide third-level support for 2 years to PSC on terms to be agreed on, but if no terms can be agreed on, at an hourly charge not to exceed $150 per started 15 minutes.
9. This agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same agreement.
If this agreement is acceptable to you, please sign it below and send it back to us so that we can all move rapidly to launch MySQL as a “true open-source” database, with the support of a credible third party, before competitors steal the lead position!
Progress Software Corporation
Patrick Lannigan
Britt Johnston
