BSD4.4 in HEAD license question

[techtonik]

Hello.

Question about BSD4.4 files in HEAD branch of FreeBSD.

My application uses some open sources, which in turn include err.h,
which is absent on my platform. To make it all compile successfully I
need to include err.h in my sources distribution. The file is located
in http://www.freebsd.org/cgi/cvsweb.cgi/src/include/  However, it
seems to be distributed under BSD4.4 license, because its text is
written in file headers. This license "require that further
distributions of products containing all or
portions of the software, acknowledge within their advertising materials
that such products contain software developed by UC Berkeley and its
contributors."

However, in the root of CVS source tree there is COPYRIGHT
(http://www.freebsd.org/cgi/cvsweb.cgi/src/COPYRIGHT) file with the
following note ftp://ftp.cs.berkeley.edu/pub/4bsd/README.Impt.License.Change

which includes the text:

"Effective immediately, licensees and distributors are no longer required to
include the acknowledgement within advertising materials." i.e. 3rd
clause is not required anymore and further sentence assures that:
"Accordingly, the
foregoing paragraph of those BSD Unix files containing it is hereby deleted
in its entirety." But this 3rd clause is not deleted from err.h
What should I do:
1. Delete the 3rd paragraph and distribute err.h under new BSD license
2. Include acknowledgement as required
3. Wait for original sources to be updated

?

-- 
--t.