Trademark Policy

Corporate Statement

1. Authorized Use of Neoxen Trademarks

A. "Limited Use" Logos

Neoxen Systems has developed a family of "Limited Use" Logos for those who wish to show their support for Neoxen Systems and its products and services by displaying such a logo in their website. The "Limited Use" Logos may be used without specific written permission from Neoxen Systems under the following conditions:

(i) The use must not be detrimental, i.e., harmful or damaging, to the value of any of the Neoxen trademarks or to Neoxen Systems, its brand integrity, reputation or goodwill, as determined by Neoxen Systems in its sole discretion;

(ii) The "Limited Use" Logo must be a hyper link that leads directly to http://www.neoxen.com.

(iii) The limited license given herein does not include the right to use any Neoxen "Limited Use" Logo or any other Neoxen logo as a trademark to promote your own products or services. For example, none of the Neoxen logos 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 Neoxen Systems in a signed, written agreement;

(iv) The use of any Neoxen "Limited Use" Logo under this Section 1(A) must also comply with applicable provisions of this Trademark Policy, including (without limitation) Sections 2 and 3.

If you have special needs that are not covered by the above, please contact Neoxen Systems at Partners & Alliances to request special permission to use a Neoxen trademark.

Neoxen Systems reserves the right to revoke this authorization at any time in its sole discretion. Upon revocation of this authorization by Neoxen Systems, you shall immediately cease using any and all Neoxen "Limited Use" Logo. If you do not immediately cease using all Neoxen "Limited Use" Logos upon revocation, Neoxen Systems 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 Neoxen "Limited Use" Logo, you may adjust the overall size of the logo, as long as adjustments are made proportionally.

USE OF ANY NEOXEN "LIMITED USE" LOGO IS AT YOUR OWN RISK. THE USES PERMITTED UNDER THIS SECTION 1(A) ARE PROVIDED BY NEOXEN SYSTEMS "AS IS," WITHOUT ANY WARRANTIES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF NON-INFRINGEMENT. YOU AGREE TO INDEMNIFY AND DEFEND NEOXEN SYSTEMS AND HOLD NEOXEN SYSTEMS, 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 NEOXEN "LIMITED USE" IN VIOLATION OF THIS TRADEMARK POLICY.

You agree that you will not acquire rights in any Neoxen trademark through your use of any Neoxen "Limited Use" Logo. By using any Neoxen "Limited 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 Neoxen trademarks in any manner other than as expressly authorized by Neoxen Systems in a written agreement or above in Section 1(A). Neoxen Systems 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 written authorization from Neoxen Systems.

C. Use of a Neoxen Logo

When using a Neoxen logo, you must never modify the design, add or delete any words, or change any colors or proportions. Only the logo art provided by Neoxen Systems may be used. You may, however, adjust the typesize of the trademark notice symbol.

The Neoxen 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.

Any Neoxen logo shall only be used in conjunction with the products and services of Neoxen Systems, except as specifically agreed in writing by Neoxen Systems or in Section 1(A) above.

D. Product Packaging

For users who have obtained a written license from Neoxen Systems to use a Neoxen trademark on product packaging, each use of a Neoxen trademark must use the appropriate trademark symbol and the attribution statement as explained in Section 3.

E. Publications, Lectures, Presentations

Third Parties may use Neoxen trademarks (but not any Neoxen 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 Neoxen trademark as a trademark; and
(iii) complies with this Trademark Policy. Neoxen Systems trademarks must always be attributed with the proper symbol and footnoted, on all publications and presentations that are displayed to the public (sales, trade shows etc).

Since the Neoxen trademarks 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 Neoxen trademarks on all printed materials related to the publications or presentations. .

Please note that this Section 1(E) only permits referential use of a Neoxen trademark (but not any Neoxen logo)- it does not permit use of any Neoxen trademark as a trademark. Without the express prior written consent of Neoxen Systems, no Neoxen trademark may be used as a trademark to promote any publication, lecture or other presentation.

2. Unauthorized Use of Neoxen trademarks

A. General

Unauthorized use of the Neoxen trademarks or marks that are confusingly similar may constitute an infringement of Neoxen Systems' trademark rights and is strictly prohibited. Without the express prior written consent of Neoxen Systems, no Neoxen trademark may be used in a manner that implies an affiliation with or sponsorship by Neoxen Systems.

B. Third Party Marks

Unless expressly authorized by Neoxen Systems in writing, third parties generally may not use any Neoxen trademarks as part of their company names, trademarks or logos. In other words, no person or entity may combine any Neoxen trademark with any third party trademark without the express prior written consent of Neoxen Systems.

No third party may name or rename a product or service of its own to include the word "Neoxen" without the express prior written consent of Neoxen Systems. 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 "Neoxen" or is in some other way similar to any Neoxen trademark.

In the event that Neoxen Systems authorizes any of the above uses in writing, the Neoxen trademark 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 "Neoxen" or any of the Neoxen trademarks, or any marks that are confusingly similar to the Neoxen trademarks.

D. Damaging Use

The Neoxen trademarks may not be used in a manner or with respect to products that will decrease the value of the Neoxen trademarks or otherwise impair or damage Neoxen Systems' 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 Neoxen Trademarks

A. Proper Trademark Use

Always use Neoxen trademarks 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.

Examples of Proper Use: Neoxen software, Neoxen code, Neoxen source code, Neoxen binaries, Neoxen support, Neoxen services, Neoxen partner.

Examples of Improper Use: Neoxen's source code, Neoxens

Do not alter Neoxen trademarks. When using a Neoxen trademark, never vary the spelling, add hyphens, make one word two, or use a possessive or plural form of the Neoxen trademark. Do not abbreviate a Neoxen trademark to create an acronym.

B. Provide Trademark Notice Symbols

When using any Neoxen trademark, you should use proper trademark notice symbols. A Neoxen trademark that has been registered with the United States Patent and Trademark Office ("USPTO") must bear the ® symbol. All other Neoxen trademarks must bear the ™ symbol. These symbols provide notice to third parties of Neoxen Systems' rights in its trademarks.

C. Statement for Correct Attribution

All Neoxen trademarks that are used by third parties must be attributed to Neoxen Systems 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 Neoxen trademarks, 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.

D. Link to Neoxen Website

All uses of a Neoxen logo, such as the "Certified by Neoxen" logo, in a user interface should be linked from the logo to www.neoxen.com.

4. Miscellaneous

A. Third Party Licensors

Some Neoxen 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 Neoxen trademarks only and does not apply to marks owned by third parties.

B. Possible Infringements

Please report any possible infringement and/or misuse of any Neoxen trademark and/or a violation of this Trademark Policy at Partners & Alliances.


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