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.
1.1. 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
ii) The Openbravo logo
The openbravo logo:
iii) The Openbravo conditional use logo
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:
(white on transparent background)
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.
2.1. 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:
If you have special needs that are not covered by the above, please contact us at email@example.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.
2.2.1. 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.
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:
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.
4.1. 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.
(b) Do not alter Openbravo Marks or Logos, unless authorised by us or this Policy:
(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.
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.
5.1. 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 firstname.lastname@example.org.
5.3. Questions, Comments and Reports of Misuse
Please contact Openbravo at the following email address: email@example.com.
Posted/Revised: April 24th, 2015