Trademark Policy

Last Revised: September 16, 2017

1. Authorized Use of Neoxen Trademarks

A. "Limited Use" Logos

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

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

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

(iii) The limited license given herein does not include the right to use any "Limited Use" Logo or any other Company logo as a trademark to promote your own products or services. For example, none of the Company logos may be used on any product packaging or documentation, such as (without limitation) on digital media or packaging, books or other publications. Any such use must be expressly authorized by the Company in a signed, written agreement;

(iv) The use of any "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 the Company at partners@neoxen.com to request special permission to use a Company trademark.

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

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

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

B. General

As a general rule, no person or entity may use (or authorize the use of) any of the Company trademarks in any manner other than as expressly authorized by the Company in a written agreement or above in Section 1(A). The Company 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 the Company.

C. Use of a Company Logo

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

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

D. Product Packaging

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

E. Publications, Lectures, Presentations

Third Parties may use Company trademarks (but not any Company 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 a Company trademark as a trademark; and
(iii) complies with this Trademark Policy.

The Company 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 Company 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 Company trademarks on all printed materials related to the publications or presentations.

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

2. Unauthorized Use of the Company Trademarks

A. General

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

B. Third Party Marks

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

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 the Company. 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 Company trademark.

In the event that the Company 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 Company trademarks, or any marks that are confusingly similar to the Company trademarks.

D. Damaging Use

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

A. Proper Trademark Use

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

B. Provide Trademark Notice Symbols

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

C. Statement for Correct Attribution

All Company trademarks that are used by third parties must be attributed to the Company 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 Company 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 the Company Website

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

4. Miscellaneous

A. Third Party Licensors

Some of the Company products may 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 the Company 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 Company trademark and/or a violation of this Trademark Policy at partners@neoxen.com.

Contacting us

We welcome your comments regarding this Trademark Policy. If you have questions about this policy, please contact us.