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Trademark Policy

This Trademark and Logo Usage Policy (hereafter "Trademark Policy") sets out the rules established by Openbravo S.L.U. ("we" or "us") for using or referring to our trademarks and logos, which are identified in Section 1 below.

Please note that "Openbravo" is a registered trademark of Openbravo SLU in Spain, the USA and several other countries. By adhering to this Trademark Policy, you help us prevent confusion in the marketplace and to protect and enhance the value and integrity of our trademarks and reputation. We appreciate your cooperation in this effort.

 

1. General Terms

1.1. To whom does this Trademark Policy apply?

This Trademark Policy applies to all uses of our trademarks and logos by third parties (referred to as "you"). This includes use by our authorised partners and resellers, customers and other users of our products and services, or of products/services that incorporate our products. However, except as expressly provided in Section 2 below, this Trademark Policy does not constitute a license, implied or otherwise, to use any of our trademarks or logos, or the Openbravo S.L.U. company name.

 

1.2. To what does this Trademark Policy apply?

We brand our software and other products and services using the "Openbravo" trademark and logos identified below (collectively, the "Openbravo Marks"). This list will be updated from time to time, at our discretion. In addition, we may modify the Openbravo Marks at any time. Please refer to this Policy periodically to ensure your compliance.

i) The Openbravo registered trademark

  • Openbravo®

 

ii) The Openbravo logo

The openbravo logo: openbravo logo

iii) The Openbravo conditional use logo

powered by openbravo

This is the logo required by our software licenses. As a specific authorisation, we authorise you to replace this "power by Openbravo" logo with any of the following logos, if they are more appropriate for your user interface:

powered by openbravo(all green)

powered by openbravo(all grey)

powered by openbravo(white on transparent background)

The absence of a trademark, service mark, trade name or logo of Openbravo S.L.U. from this list does not constitute a waiver of our trademark or other intellectual property rights. From time to time, we may create or use other special logos or variations of an Openbravo logo and attach specific terms of use to those special logos.

The Openbravo logos for our authorised partners and resellers shall be at your disposal for your use when a valid Partner Agreement has been signed.

 

1.3. General Rule

As a general rule, no person or entity may use (or authorise the use of) any of the Openbravo Marks in any manner other than as expressly authorized by us in a written agreement (e.g. our Partner Agreement) or below in Section 2.

We reserve the right to (i) terminate use of our Openbravo Marks by any party for non-compliance with this Trademark Policy or written authorization, or for any other reason we deem appropriate, and (ii) modify this Trademark Policy for any reason at any time.

 

1.4. Trademarks and our software licenses

The Openbravo Public License (OBPL) and Openbravo Commercial License (OBCL) are licenses under which we distribute our Openbravo software products. These licenses permit third parties to use and in certain circumstances redistribute the software. Such use and/or redistribution of these software products are much welcomed by us but should be distinguished from the use of the Openbravo Marks.

These licenses do not provide any license or right to use any Openbravo Mark in any form or media, except as embedded in an Openbravo product. Thus for example, although a licensee of our Community Edition under the Openbravo Public License may redistribute the underlying software, including the Marks and Logos in the software, including the "Powered by Openbravo" logo), he/she may not use any other Mark in doing so (for example, in advertising materials or on packaging or as a website domain name), without the express prior written permission of Openbravo S.L.U. or as set out here.

General rules regarding use of our Marks in our software are:

a) If you redistribute any Openbravo software, you must maintain the Conditional Use Logo pictured above (further indications are in section 2.1 below)

b) In the event of modifying the source code and distributing a revised, extended or reduced product, (i) you should not remove our logos or attribution notices from the software (in particular the GUI/About boxes-windows); (ii) you should include a visible notice (in a prominent place on the packaging and "about" windows for the software, and/or on your website) stating: "This product includes software used under license from Openbravo, SLU., but it is not an Openbravo product and has not been tested, endorsed, or approved by Openbravo, SLU. or any of its affiliates."

Moreover, except as stated in the previous paragraph, none of the Openbravo Marks can be used in the promotion, identification, or distribution of (1) a derivative work of the our Openbravo software that materially modifies it; (2) a collective work that includes the Openbravo software; or (3) independent software that offers similar function to that embodied within our software, unless in each case you have received written permission to do so from us or this use is in compliance with this Trademark Policy. So, please change the name of any software that is a material modification of, includes as a component part, or is based on the Openbravo product.

Otherwise, users could be misled into thinking that modifications to our software products made by a third party are created or endorsed by us, or that those versions meet our quality control standards.

 

2. Authorised Use of Openbravo Marks

2.1. Openbravo S.L.U. "Conditional Use" Logos

Our "Powered by Openbravo" ("Conditional Use" Logo, with the permitted variations) is used to show support for us and our products and services, so you may display this logo in user interfaces of your website or packaging. This logo may be used without further specific written permission from us under the following conditions:

  • Your use must not be detrimental (harmful or damaging) to the value of any of our Marks, or to our software products, our brand integrity, reputation or goodwill;
  • On any website or software, the logo must be a "clickable" link that leads directly to http://www.openbravo.com/. These logos must be visible and easily legible, with dimensions of at least 122 by 34 pixels.
  • The limited license given herein does not include the right to use the logo or any other Openbravo Mark as a trademark to promote your own products or services. For example, except as indicated above, no Openbravo Mark 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 unless these supports include Openbravo software products or documentation. Any other use must be expressly authorized by us in writing;
  • The use of the "Powered by Openbravo" logo under this Section 2 must also comply with applicable provisions of this Trademark Policy, including (without limitation) Sections 1 and 3.

If you have special needs that are not covered by the above, please contact us at legal@openbravo.com to request special permission to use an Openbravo Mark.

We reserve the right to revoke this authorisation at any time. For example, if we believe that your use of the "Powered by Openbravo" logo is detrimental to us or any of the Openbravo Marks, or is otherwise unacceptable, we will revoke this authorisation. When this happens, you must immediately cease using it. If you do not immediately cease, we may take whatever action we deem necessary to protect our 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 an "Powered by Openbravo" Logo (other than as indicated above), you may adjust the overall size of the logo, so long as adjustments are made proportionally.

USE OF ANY OPENBRAVO LOGO IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, THE USES PERMITTED UNDER THIS SECTION 2 ARE PROVIDED US "AS IS," WITHOUT ANY WARRANTIES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF NON-INFRINGEMENT. YOU AGREE TO INDEMNIFY AND DEFEND OPENBRAVO S.L.U. AND HOLD US, OUR 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 OPENBRAVO LOGO IN VIOLATION OF THIS TRADEMARK POLICY.

You agree that you will not acquire rights in any Openbravo Mark through your use of the "Powered by Openbravo" Logo. By using this logo, you agree to the terms contained in this Trademark Use Policy.

 

2.2. Certain Uses of Openbravo Marks

2.2.1. Product Packaging

For users who have obtained a written license from us to use an Openbravo Mark on product packaging, each use of an Openbravo Mark must use the appropriate trademark symbol and the attribution statement as explained in Section 4.

 

2.2.2. Publications, Lectures, Presentations, Whitepapers, Memos, press releases, etc.

You may use Openbravo Marks (except our logos) in the titles of publications, such as books or magazines, or in connection with presentations, provided that the use is referential only and does not use the Mark as a trademark in commerce, and generally speaking otherwise complies with this Trademark Policy.

Openbravo 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, press releases, etc).

Since the Openbravo 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 Openbravo Marks on all printed materials related to the publications or presentations.

Please note that this Section 2.2 only permits referential use of an Openbravo Mark (except any logos) - it does not permit use of any Mark as a trademark. Without our express prior written consent, no Openbravo Mark may be used as a trademark to promote any publication, lecture or other presentation.

 

3. Unauthorized Use of Openbravo Marks

3.1. General

Unauthorized use of the Openbravo Marks or marks that are confusingly similar may constitute an infringement of our trademark rights and is strictly prohibited.

 

3.2. Examples of unauthorized Uses

Without our express prior written consent:

  • No affiliation or sponsorship: no Openbravo Mark may be used in a manner that implies an affiliation with or sponsorship by us.
  • No use in third party marks: generally you may not use any Openbravo Marks as part of your company name/s, trademarks or logos. In other words, no person or entity may combine any Openbravo Mark with any third party trademark without our express prior written consent.
  • No use for products or services: you may not name or rename a product or service of your own to include the word "Openbravo". Furthermore, you may not claim any right to register, or attempt to register, a trademark in any territory if the trademark in question includes "Openbravo" or is in some other way similar to any Openbravo Mark.;
  • Internet Domain Names and online accounts: you may not register or attempt to register an Internet domain name or online/social network account that includes "Openbravo" or any of the Openbravo Marks or any marks that are confusingly similar to the Openbravo trademarks.

 

3.3. Damaging Use

The Openbravo Marks may not be used in a manner or with respect to products that will decrease the value of our Marks or otherwise impair or damage our brand integrity, reputation or goodwill, including (without limitation) use in a manner that is unethical, offensive, disparaging, defamatory, illegal or in bad taste.

 

4. Guidelines for proper use of Openbravo Marks

4.1. Proper Trademark Use

Any Openbravo Mark or Logo shall only be used in conjunction with our products and/or services, except as specifically agreed in writing by us or in this Policy.

Some guidelines follow:

(a) Always use Openbravo 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 Openbravo Mark has a "product descriptor" that follows the trademark.

  • Examples of Proper Use: Openbravo software, Openbravo application, Openbravo code, Openbravo source code, Openbravo binaries, Openbravo training classes, Openbravo support, Openbravo services, Openbravo partner.
  • Examples of Improper Use: Openbravo's source code, Openbravo's services.

(b) Do not alter Openbravo Marks or Logos, unless authorised by us or this Policy:

  • When using an Openbravo Mark, do not vary the spelling, add hyphens, make one word two, or use a possessive or plural form of the Openbravo Mark. Do not abbreviate an Openbravo Mark to create an acronym (e.g. "OB").
  • When using an Openbravo Logo, do not modify the design, add or delete any words, or change any colours or proportions unless authorised to do so. The logo may be scaled proportionally but must be visible. The logo may in its entirety be displayed in black on white background OR in white on dark - black or single-coloured - background (see above). The typesize of the trademark notice symbol may be adjusted.

(c) Always use the Openbravo Logos alone. An Openbravo Logo 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 "a" in the logo should be left empty around the logo in the background colour 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 us.

(d) Provide Trademark Notice Symbols. When using any Openbravo Mark, you should use the ® symbol. This symbol provides notice to third parties of our rights in our Marks.

  • Openbravo 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 text.
  • Notice symbols must always appear with all Openbravo Logos.

Wherever possible, trademark notice symbols should be super- or subscripted immediately after all Openbravo Marks. Once proper trademark notice symbols are used, and an Openbravo Mark is correctly attributed to Openbravo SLU (as further explained below), in permitted materials, it is not ordinarily necessary to mark subsequent appearances of the trademark in the same text.

 

4.2. Statement for correct attribution

All Openbravo Marks that are used by third parties must be attributed to Openbravo with our standard trademark attribution statement set out below. The statement must always be a complete sentence, and ordinarily be placed in a visible place in the material referencing the Openbravo 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 Openbravo Marks:

"[Relevant Openbravo Mark] is a trademark of Openbravo in the European Union, the United States, and other countries."

 

4.3. Link to Openbravo website

All uses of an Openbravo Logo, such as the "Openbravo" Logo, in a user interface should be linked from the logo to www.openbravo.com.

 

5. Miscellaneous

5.1. Third Party Licensors

Some Openbravo 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 Openbravo Marks and does not apply to marks owned by third parties.

 

5.2. Possible Infringements

Please report any possible infringement and/or misuse of any Openbravo Mark and/or a violation of this Trademark Policy at legal@openbravo.com.

 

5.3. Questions, Comments and Reports of Misuse

Please contact Openbravo at the following email address: legal@openbravo.com.

 

Posted/Revised: April 24th, 2015