1. Authorized Use of Netarus, LLC Marks.
A. Netarus, LLC "Conditional Use" Logos
SCInterface® is a registered trademark of Netarus, LLC. SController™, SCManager™, SConnector™ and PocketSCI™ are trademarks currently in use by Netarus, LLC. Netarus, LLC has developed a family of "Conditional Use" Logos for those who wish to show their support for Netarus, LLC and its products and services by displaying such a logo in the user interface of a website. The "Conditional Use" Logos may be used without specific written permission from Netarus, LLC under the following conditions:- The use must not be detrimental, i.e., harmful or damaging, to the value of any of the Netarus, LLC Marks, or to SCInterface, its brand integrity, reputation or goodwill, as determined by Netarus, LLC in its sole discretion;
- The "Conditional Use" Logo must be a "clickable" link that leads directly to http://www.scinterface.com/.
- If the website has password-protected areas, the "Conditional Use" Logo must be placed only in areas that are not password-protected
- If used in an application released under the GPL, LGPL, MPL or any other Open Source Initiative (http://www.opensource.org) recognized open source license, the application must be able to connect directly to an SCInterface server
- The limited license given herein does not include the right to use any SCInterface "Conditional Use" Logo or any other Netarus, LLC Logo as a trademark to promote your own products or services. For example, no Netarus, LLC Logo may be used on any product packaging or documentation, such as (without limitation) on CD-ROM or diskette labels or packaging, books or other publications. Any such use must be expressly authorized by Netarus, LLC in a signed, written agreement;
- The use of any Netarus, LLC "Conditional Use" Logo under this Section 1(A) must also comply with applicable provisions of this Trademark Policy, including (without limitation) Sections 2 and 3
The Netarus, LLC" Conditional Use" Logos:
If you have special needs that are not covered by the above, please contact Netarus, LLC to request special permission to use a SCInterface Mark at http://www.netarus.com/about/contacts/.
Netarus, LLC reserves the right to revoke this authorization at any time in its sole discretion. For example, if Netarus, LLC believes that your use of any Netarus, LLC "Conditional Use" Logo is detrimental to any of the SCInterface Marks or is otherwise unacceptable, Netarus, LLC will revoke this authorization. Upon revocation of this authorization by Netarus, LLC, you shall immediately cease using any and all Netarus, LLC "Conditional Use" Logo. If you do not immediately cease using all Netarus, LLC "Conditional Use" Logos upon revocation by SCInterface, Netarus, LLC may take whatever action it deems necessary to protect its rights and interests. Although as a general rule you must never modify the design, add or delete any words, or change any colors when using a Netarus, LLC "Conditional Use" Logo, you may adjust the overall size of the logo, so long as adjustments are made proportionally.
USE OF ANY Netarus, LLC "CONDITIONAL USE" LOGO IS AT YOUR OWN RISK. THE USES PERMITTED UNDER THIS SECTION 1(A) ARE PROVIDED BY Netarus, LLC "AS IS," WITHOUT ANY WARRANTIES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF NON-INFRINGEMENT. YOU AGREE TO INDEMNIFY AND DEFEND Netarus, LLC AND HOLD Netarus, LLC, ITS SUCCESSORS AND ASSIGNS, HARMLESS OF AND FROM, ANY CLAIM, ACTION, SUIT, LOSS, COST, EXPENSE OR OTHER DAMAGES OR LIABILITY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COSTS OF INVESTIGATION) ARISING OUT OF OR RESULTING FROM YOUR USE OF ANY Netarus, LLC "CONDITIONAL USE" LOGO IN VIOLATION OF THIS TRADEMARK POLICY. You agree that you will not acquire rights in any Netarus, LLC Mark through your use of any Netarus, LLC "Conditional Use" Logo. By using any Netarus, LLC "Conditional Use" Logo, you agree to the terms contained in this Trademark Use Policy.
B. General.
As a general rule, no person or entity may use (or authorize the use of) any of the Netarus, LLC Marks in any manner other than as expressly authorized by Netarus, LLC in a written agreement or above in Section 1(A). Netarus, LLC reserves the right to revoke any such authorization at any time in its sole discretion, such as where use does not strictly conform with the requirements of this Trademark Policy and/or Netarus, LLC's written authorization.C. Partner and affiliate Netarus, LLC Logos.
Netarus, LLC has designed specific logos for use by partners and affiliates. These logos may only be used by parties having a written and signed agreement with Netarus, LLC allowing them to do so and under the conditions put down in that agreement.As expressly provided in its written agreements with partners, Netarus, LLC generally grants to its partners certain non-perpetual rights to use special variations of the SCInterface Logo. These special variations of the SCInterface Logo denote the level of partnership with Netarus, LLC Permission to use these special variations must be granted by Netarus, LLC in writing. The scope of these rights depend upon the partnership level in question, are subject to the terms of a written agreement with Netarus, LLC, and may be revoked at the discretion of Netarus, LLC
Information on how to become a partner of or affiliate to Netarus, LLC is available on the main Netarus, LLC website www.scinterface.com.
The Netarus, LLC partner and affiliate logos are displayed in section 3A: the Netarus, LLC Mark Table.
D. Other Special SCInterface Logos.
From time to time, Netarus, LLC may create or use special logos or variations of a SCInterface Logo and attach specific terms of use to those special logos.E. Netarus, LLC Certification logos
Persons who meet the requirements for certification according to the Netarus, LLC certification program, may use the appropriate Certification logos according to the "Netarus, LLC Certification logos are not publicly available for download.F. Product Packaging.
For users who have obtained a written license from Netarus, LLC to use a SCInterface Mark on product packaging, each use of a SCInterface Mark must use the appropriate trademark symbol and the attribution statement as explained in Section 3.G. Publications, Lectures, PowerPoint & Other Presentations.
Third Parties may use SCInterface Marks (except Netarus, LLC Logos) in the titles of publications, such as books or magazines, or in connection with presentations, provided that the use: (i) is referential only; (ii) does not use the SCInterface Mark as a trademark; and (iii) complies with this Trademark Policy. SCInterface Marks must always be attributed with the proper symbol and footnoted, as explained below, on all publications and presentations that are displayed to the public (sales, trade shows etc).Since the Netarus, LLC Marks are used in these instances only to describe the content of the publication or presentation and are not used as trademarks to promote your own products and services, you should not attempt to establish trademark or other proprietary rights by registering, or attempting to register, the titles as trademarks, service marks, corporate names or trade names. In addition, your name or mark and logo should appear in a prominent location on the cover and title page of all publications and on all materials related to the presentations and should appear more prominent than the title incorporating the Netarus, LLC Marks on all printed materials related to the publications or presentations.
Please note that this Section 1(F) only permits referential use of a Netarus, LLC Mark (except any Netarus, LLC Logo)- it does not permit use of any Netarus, LLC Mark as a trademark. Without the express prior written consent of Netarus, LLC No Netarus, LLC Mark may be used as a trademark to promote any publication, lecture or other presentation.
2. Unauthorized Use of Netarus, LLC Marks.
A. General.
Unauthorized use of the Netarus, LLC Marks or marks that are confusingly similar may constitute an infringement of Netarus, LLC's trademark rights and is strictly prohibited. Without the express prior written consent of SCInterface Inc, no Netarus, LLC Mark may be used in a manner that implies an affiliation with or sponsorship by Netarus, LLCB. Third Party Marks.
Unless expressly authorized by Netarus, LLC in writing, third parties generally may not use any Netarus, LLC Marks as part of their company names, trademarks or logos. In other words, no person or entity may combine any Netarus, LLC Mark with any third party trademark without the express prior written consent of Netarus, LLCNo third party may name or rename a product or service of its own to include the word "SCInterface" without the express prior written consent of Netarus, LLC. Furthermore, no third party may claim any right to register, or attempt to register, a trademark in any territory if the trademark in question includes "SCInterface" or is in some other way similar to any Netarus, LLC Mark.
In the event that Netarus, LLC authorizes any of the above uses in writing, the Netarus, LLC Mark must be at least as large as the trademark or logo of the other company.
C. Internet Domain Names.
No third party may register or attempt to register an Internet domain name that includes "SCInterface" or any of the Netarus, LLC Marks or any marks that are confusingly similar to the Netarus, LLC Marks. in a way that is detrimental, i.e., harmful or damaging, to the value of any of the SCInterface Marks, or to Netarus, LLC, its brand integrity, reputation or goodwill, as determined by Netarus, LLC in its sole discretion.D. Damaging Use.
The Netarus, LLC Marks may not be used in a manner or with respect to products that will decrease the value of the Netarus, LLC Marks or otherwise impair or damage Netarus, LLC's brand integrity, reputation or goodwill, including (without limitation) use in a manner that is unethical, offensive, disparaging, defamatory, illegal or in bad taste.3. Guidelines for Proper Use of Netarus, LLCMarks.
A. Netarus, LLC Mark Table.
Listed below are the current Netarus, LLC Marks. This list will be updated from time to time, at the sole discretion of Netarus, LLC In addition, Netarus, LLC may, at its sole discretion, modify the Netarus, LLC Marks at any time. Please refer to the Netarus, LLC Mark Table periodically to ensure your compliance.The Netarus, LLC Word Marks
- "SCInterface®"
- "SCInterface" -- when used in the context of a Sales, Marketing or Customer Service business software application.
- "SController™"
- "SC" -- abbreviation for SController.
- "SCManager™"
- "SCM" -- abbreviation for SCManager.
- "PocketSCI™"
- "SConnector™"
The Netarus, LLC Logos
The Netarus, LLC Conditional Use Logos
The absence of a trademark, service mark, trade name or logo from this list does not constitute a waiver of Netarus, LLC's trademark or other intellectual property rights.
B. Proper Trademark Use.
Always use Netarus, LLC Marks as proper adjectives. A trademark is an adjective and must not be used as a verb or noun or in the possessive or plural forms. Every Netarus, LLC Mark has a "product descriptor" that follows the trademark.Examples of Proper Use: SCInterface software, SCInterface application, SCInterface database server, SCInterface database management system, SCInterface code, SCInterface source code, SCInterface binaries, SCInterface training classes, SCInterface support, SCInterface services, SCInterface partner.
Examples of Improper Use: SCInterface's source code, SCInterfaces, I SCInterface -ed my system.
Do not alter Netarus, LLC Marks. When using a Netarus, LLC Mark, never vary the spelling, add hyphens, make one word two, or use a possessive or plural form of the Netarus, LLC Mark. Do not abbreviate a Netarus, LLC Mark to create an acronym.
When using a Netarus, LLC Logo, you must never modify the design, add or delete any words, or change any colors or proportions. The logo may be scaled proportionally. The logo may in its entirety be displayed in black on white background OR in white on dark - black or one-coloured - background. The typesize of the trademark notice symbol may be adjusted.
The Netarus, LLC Logos must be used as a stand-alone icon in accordance with this Trademark Policy, without any other third party logos and/or trademarks combined or associated with it. At least a margin corresponding to the height of the "W" in the logo should be left empty around the logo in the background color of the displayed logo. No additional text or graphics may be placed in the margin except trademark symbols and the words of logo versions specifically designed by Netarus, LLC
Any Netarus, LLC Logo shall only be used in conjunction with Netarus, LLC products and services, except as specifically agreed in writing by Netarus, LLC or in Section 1(A) above.
C. Provide Trademark Notice Symbols.
When using any Netarus, LLC Mark, you should use the ® symbol. This symbol provides notice to third parties of Netarus, LLC's rights in its Marks.Netarus, LLC word marks must bear the trademark notice symbol ® in the first and most prominent usage of a mark and again in the first appearance of a word mark in the text or body of copy. Notice symbols must always appear with all Netarus, LLC Logos. Wherever possible, trademark notice symbols should be superscripted immediately after all Netarus, LLC Marks. Once proper trademark notice symbols are used, and a Netarus, LLC Mark is correctly attributed to Netarus, LLC(as further explained below), in permitted materials, it is not ordinarily necessary to mark subsequent appearances of the trademark in the same text.
D. Statement for Correct Attribution.
All Netarus, LLC Marks that are used by third parties must be attributed to Netarus, LLC with our standard trademark attribution statement. The statement must always be a complete sentence, and ordinarily be placed in a visible place in the material referencing the Netarus, LLC Marks, e.g., on the copyright page, on the last page of the material, on the bottom of a web page, on a website's trademark policy page, or on product packaging. The following attribution statement must be used in all material referencing the Netarus, LLC Marks:"[Insert the SCInterface Marks that appears in that particular piece] is a registered trademark of Netarus, LLC in the United States, the European Union and other countries.
Examples:
E. Link to Netarus, LLC Website.
All uses of a Netarus, LLC Logo, such as the "Powered by SCInterface" Logo, in a user interface should be linked from the logo to www.scinterface.com.4. General.
A. What is a trademark?
A trademark is a word, phrase, symbol or design, or a combination of those things, that distinguishes one company's products and services from the products and services of another. Thus, although a trademark is a symbol of the source of a product or service, a trademark is not the good or service itself. For example, Netarus, LLC brands its database server product and its other products and services using the SCInterface trademark and the other trademarks, service marks, trade names, and logos identified in Section 3(A) of this Trademark Policy (collectively, the "Netarus, LLC Marks" or "Marks").A service mark is simply a trademark that identifies the source of a service. A logo is a trademark that incorporates a design of some sort, such as the Netarus, LLC Mark that includes the "cube" design. A trademark is not the same as a copyright or a patent.
B. Why trademarks are important.
Trademarks are important because they help to prevent confusion in the marketplace by distinguishing one company's products and services from the products and services of another. For example, when a user sees the SCInterface mark on the SCInterface server, the user understands that Netarus, LLC has either created or endorsed that product, and that the product is subject to the quality control standards of Netarus, LLC for that product. If anyone other than Netarus, LLC or one of its authorized partners or licensees were to use one of the Netarus, LLC Marks to promote a software application or tool, users could be misled into thinking that the unauthorized person's products or services were created or endorsed by Netarus, LLC or that those products or services met the quality control standards of Netarus, LLCC. Trademarks and the GPL License.
The GNU Public License (the "GPL") is one of the ways by which Netarus, LLC distributes the SCInterface framework. The GPL permits third parties to use and redistribute the underlying software under certain circumstances. Such use and/or redistribution of Netarus, LLC software products are much welcomed by Netarus, LLC, but should be distinguished from the use of the SCInterface Marks. The GPL does not provide any license or right to use any Netarus, LLC Mark in any form or media. Thus, although a GPL licensee may redistribute the underlying software, a GPL licensee may not use any Netarus, LLC Mark in doing so without the express prior written permission of Netarus, LLC. Otherwise, users could be misled into thinking that revisions made by a GPL licensee were created or endorsed by Netarus, LLC, or that those revisions met the quality control standards of Netarus, LLCD. To whom does this Trademark Policy apply?
This Trademark Policy applies to all of SCInterface's authorized partners, authorized resellers, licensees, customers, and users of Netarus, LLC's products and services, or products that incorporate Netarus, LLC's products or services, as well as other third parties who wish to use the Netarus, LLC Marks (referred to as "Third Parties" or "you"). However, except as expressly provided in Section 1(A) below, this Trademark Policy does not constitute a license, implied or otherwise, to use any Netarus, LLC Mark or the Netarus, LLC company name. Although we encourage use of the Netarus, LLC "Conditional use logos" as provided in Section 1(A) above, generally, no person or entity may use any Netarus, LLC Mark without the prior, express written permission of Netarus, LLCBy adhering to this Trademark Policy, you help Netarus, LLC to prevent confusion in the marketplace and to protect and enhance the value and integrity of its Marks. Netarus, LLC appreciates your cooperation in this effort.
5. Miscellaneous.
A. Third Party Licensors.
Some Netarus, LLC products include technology used under license from third party licensors. You must not use any such third party trademark without express permission from the owner. This Trademark Policy is limited to Netarus, LLC Marks and does not apply to marks owned by third parties.B. Possible Infringements.
Please report any possible infringement and/or misuse of any Netarus, LLC Mark and/or a violation of this Trademark Policy at http://www.netarus.com/about/contacts/.6. Questions, Comments and Reports of Misuse.
Please contact Netarus, LLC at http://www.netarus.com/about/contacts/.Created: October 25, 2005
Last modified: January 16, 2007