This Trademark and Logo Usage Policy (hereafter "Trademark Policy") sets out Openbravo S.L.U.'s rules for using or referring to Openbravo S.L.U.'s trademarks and logos identified in Section 1 below.

Please note that "Openbravo" is a registered trademark in Spain and several other countries. By adhering to this Trademark Policy, you help Openbravo S.L.U. to prevent confusion in the marketplace and to protect and enhance the value and integrity of its Marks. Openbravo S.L.U. appreciates your cooperation in this effort.

This Trademark Policy applies to all of Openbravo's authorized partners, authorized resellers, licensees, customers, and users of Openbravo S.L.U.'s products and services, or products that incorporate Openbravo S.L.U.'s products or services, as well as other third parties who wish to use the Openbravo S.L.U. Marks (referred to as "Third Parties" or "you"). However, except as expressly provided in Section 2 below, this Trademark Policy does not constitute a license, implied or otherwise, to use any Openbravo S.L.U. Mark or the Openbravo S.L.U. company name.

Openbravo S.L.U. brands its ERP product and its other products and services using the current Openbravo trademark and the other trademarks, service marks, trade names, and logos identified below (collectively, the "Openbravo S.L.U. Marks" or "Marks"). This list will be updated from time to time, at the sole discretion of Openbravo S.L.U. In addition, Openbravo S.L.U. may, at its sole discretion, modify the Openbravo S.L.U. Marks at any time. Please refer to the Openbravo S.L.U. Mark Table periodically to ensure your compliance.

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 Openbravo S.L's trademark or other intellectual property rights.

As a general rule, no person or entity may use (or authorize the use of) any of the Openbravo S.L.U. Marks in any manner other than as expressly authorized by Openbravo S.L.U. in a written agreement or below in Section 2. No permission is granted to use any other Openbravo S.L.U. trademarks or logos.

Openbravo S.L.U. reserves the right to (i) terminate use of its Marks by any party for non-compliance with this Trademark Policy or written authorization, or for any other reason as Openbravo S.L.U. deems in its sole discretion, and (ii) modify this Trademark Policy for any reason at any time.

The Openbravo Public License is one of the ways by which Openbravo S.L.U. distributes the Openbravo ERP product. The Openbravo Public License permits third parties to use and redistribute the underlying software under certain circumstances. Such use and/or redistribution of Openbravo S.L.U. software products are much welcomed by Openbravo S.L.U. but should be distinguished from the use of the Openbravo S.L.U. Marks.

The Openbravo Public License does not provide any license or right to use any Openbravo S.L.U. Mark in any form or media, except as embedded in the Openbravo ERP Product. Thus, although an Openbravo Public License licensee may redistribute the underlying software (including the Marks and Logos in the software), an Openbravo Public License licensee may not use any Openbravo S.L.U. Mark in doing so (for example, in advertising materials or on packaging), without the express prior written permission of Openbravo S.L.U. or as set out here.

Moreover, except as stated in the previous paragraph, none of the Openbravo S.L.U. Marks can be used in the promotion, identification, or distribution of (1) a derivative work of the Openbravo ERP; (2) a collective work that includes the Openbravo ERP; or (3) independent software that offers similar function to that embodied within the Openbravo ERP; unless you have received written permission to do so from Openbravo S.L.U. or it is in compliance with this Trademark Policy.

Otherwise, users could be misled into thinking that revisions made by an Openbravo Public License licensee were created or endorsed by Openbravo S.L.U., or that those revisions met the quality control standards of Openbravo S.L.U.

Openbravo S.L.U. has developed a family of "Conditional Use" Logos (displayed above) for those who wish to show their support for Openbravo S.L.U. and its products and services by displaying such a logo in the user interface of a website or packaging. The "Conditional Use" Logos may be used without specific written permission from Openbravo S.L.U. under the following conditions:

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

Openbravo S.L.U. reserves the right to revoke this authorization at any time in its sole discretion. For example, if Openbravo S.L.U. believes that your use of any Openbravo S.L.U. "Conditional Use" Logo is detrimental to any of the Openbravo Software Marks or is otherwise unacceptable, Openbravo S.L.U. will revoke this authorization. Upon revocation of this authorization by Openbravo S.L.U., you shall immediately cease using any and all Openbravo S.L.U. "Conditional Use" Logo. If you do not immediately cease using all Openbravo S.L.U. "Conditional Use" Logos upon revocation by Openbravo Software, Openbravo S.L.U. 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 an Openbravo S.L.U. "Conditional Use" Logo, you may adjust the overall size of the logo, so long as adjustments are made proportionally.

USE OF ANY OPENBRAVO S.L.U. "CONDITIONAL USE" LOGO IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, THE USES PERMITTED UNDER THIS SECTION 2 ARE PROVIDED BY OPENBRAVO S.L.U. "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 OPENBRAVO S.L.U., 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 OPENBRAVO S.L.U. "CONDITIONAL USE" LOGO IN VIOLATION OF THIS TRADEMARK POLICY.

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

The Openbravo Certified Logos may be used by professionals having passed the Openbravo certification exam. Certified professionals may only indicate the certification areas and levels that they have achieved in the program. Certification is personal, and use of the logos is specific to the professional, not the company where he or she may work. It may be used in marketing materials, business cards, letter or email signatures, provided the professional's personal or trade name appears associated to the logo and provided the logo is smaller / less prominent than any corporate trademark, logo or company name. If certification is not maintained or is terminated, use of the logo must be discontinued.

From time to time, Openbravo S.L.U. may create or use other special logos or variations of an Openbravo Software Logo and attach specific terms of use to those special logos.

Openbravo SL has designed specific logos for use by partners and affiliates, included in the table above. These logos may only be used by parties having a written and signed agreement with Openbravo SL allowing them to do so and under the conditions put down in that agreement.

As expressly provided in its written agreements with partners, Openbravo SL generally grants to its partners certain non-perpetual rights to use special variations of the Openbravo SL Logo. These special variations of the Openbravo Logo denote the level of partnership with Openbravo SL. The scope of these rights depend upon the partnership level in question, are subject to the terms of a written agreement with Openbravo SL, and may be revoked by Openbravo SL according to the Openbravo Partner Program Agreement.

Information on how to become a partner of or affiliate to Openbravo SL is available on the main Openbravo SL website www.openbravo.com.

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

Third Parties may use Openbravo S.L.U. Marks (except Openbravo S.L.U. Logos) in the titles of publications, such as books or magazines, or in connection with presentations, provided that the use:

Openbravo S.L.U. 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 S.L.U. 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 S.L.U. Marks on all printed materials related to the publications or presentations.

Please note that this Section 2.3 only permits referential use of an Openbravo S.L.U. Mark (except any Openbravo S.L.U. Logo) - it does not permit use of any Openbravo S.L.U. Mark as a trademark. Without the express prior written consent of Openbravo S.L.U., no Openbravo S.L.U. Mark may be used as a trademark to promote any publication, lecture or other presentation.

Unauthorized use of the Openbravo S.L.U. Marks or marks that are confusingly similar may constitute an infringement of Openbravo S.L.U.'s  trademark rights and is strictly prohibited.

3.2. Unauthorized Uses:

Without the express prior written consent of Openbravo S.L.U.:

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

Any Openbravo S.L.U. Mark or Logo shall only be used in conjunction with Openbravo S.L.U. products and services, except as specifically agreed in writing by Openbravo S.L.U. or in Section 2 above.

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

(b) Do not alter Openbravo S.L.U. Marks or Logos.

The Openbravo S.L.U. 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 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 Openbravo S.L.U.

When using any Openbravo S.L.U. Mark, you should use the TM or R symbol, as appropriate. This symbol provides notice to third parties of Openbravo S.L's rights in its Marks.

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

All Openbravo S.L.U. Marks that are used by third parties must be attributed to Openbravo S.L.U. 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 Openbravo S.L.U. 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 S.L.U. Marks:

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

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

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. A trademark is not the same as a copyright or a patent.

A service mark is simply a trademark that identifies the source of a service.

A logo is a trademark that incorporates a design of somesort.

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 Openbravo mark on the Openbravo ERP product, the user understands that Openbravo S.L.U. has either created or endorsed that product, and that the product is subject to the quality control standards of Openbravo S.L.U. for that product. If anyone other than Openbravo S.L.U. or one of its authorized partners or licensees were to use one of the Openbravo S.L.U. 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 Openbravo S.L.U. or that those products or services met the quality control standards of Openbravo S.L.U.

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

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

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