Question about packaging a nonfree package ( no ITP yet )

Hi all,

I have just created an ITP for a software package called gubbins (ITP: 764232).

I am in direct contact with the upstream author of gubbins (sit next to him really).
Gubbins has a dependency on a piece of software called Fastml. Fastml is not free. Actually is published under no license. It has copyright and a note saying that anyone wishing to make changes to the code needs to contact the author.

For gubbins to work, Fastml needed to be changed. Gubbins upstream has contacted the author of Fastml. The author was happy for the code to be changed, but has stated that he doesn't wish the code to be published under any kind of free license (actually under any kind of licence).

I was approaching the problem of packaging gubbins in the most sensible way I found. Package Fastml, then package gubbins and state Fastml as a gubbins dependency. I would have to maintain two more packages, but hey...

Now the question is, what is the best way to go about this?

Do I package Fastml as non-free? If so, can you point me to the debian policy and procedure on this?
Should I package it in another way?

Also, the idea is to keep Fastml as it is originally and patch the changes needed to it at build time.

Do you see any problems with this? Are there more things I should be concerned about?

Kind regards,

Jorge