phpBeans Trademark Information

Version 1.0, September 20, 2004

Preface

The names phpBeans, phpBeans.com, and phpBeans.org, and the phpBeans logos, are trademarks of Simian Systems Inc. Their use is governed by the following terms and conditions.

1. Authorized Use of Simian Systems Inc. Marks.

A. Simian Systems Inc. "Conditional Use" Logos

Simian Systems Inc. has developed a family of "Conditional Use" Logos for those who wish to show their support for the phpBeans project by displaying such a logo in the user interface of a website. The "Conditional Use" Logos may be used without specific written permission from Simian Systems Inc. under the following conditions:

• The use must not be detrimental, i.e., harmful or damaging, to the value of any of the Simian Systems Inc. Marks, or to the phpBeans project, its brand integrity, reputation or goodwill, as determined by Simian Systems Inc. in its sole discretion;
• The "Conditional Use" Logo must be a "clickable" link that leads directly to http://www.phpbeans.com/.
• If the website has password-protected areas, the "Conditional Use" Logo must be placed only in areas that are not password-protected
• If used in an application released under the GPL, LGPL, or any other Open Source Initiative (http://www.opensource.org) recognized open source license, the application must fully adhere to the phpBeans specifications available at http://www.phpbeans.com/ and must be able to connect directly to any phpBeans-compliant client or server.
• The limited license given herein does not include the right to use any phpBeans "Conditional Use" Logo or any other Simian Systems Inc. Logo as a trademark to promote your own products or services. For example, no Simian Systems Inc. Logo 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 Simian Systems Inc. in a signed, written agreement;
• The use of any Simian Systems Inc. "Conditional Use" Logo under this Section 1(A) must also comply with applicable provisions of this Trademark Policy, including (without limitation) Sections 2 and 3

The Simian Systems Inc." Conditional Use" Logos:

If you have special needs that are not covered by the above, please contact Simian Systems Inc. at contact@phpbeans.com to request special permission to use a Simian Systems Inc. mark.

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

USE OF ANY SIMIAN SYSTEMS INC. "CONDITIONAL USE" LOGO IS AT YOUR OWN RISK. THE USES PERMITTED UNDER THIS SECTION 1(A) ARE PROVIDED BY SIMIAN SYSTEMS INC. "AS IS," WITHOUT ANY WARRANTIES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF NON-INFRINGEMENT. YOU AGREE TO INDEMNIFY AND DEFEND SIMIAN SYSTEMS INC. AND HOLD SIMIAN SYSTEMS INC., 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 SIMIAN SYSTEMS INC. "CONDITIONAL USE" LOGO IN VIOLATION OF THIS TRADEMARK POLICY. You agree that you will not acquire rights in any Simian Systems Inc. Mark through your use of any Simian Systems Inc. "Conditional Use" Logo. By using any Simian Systems Inc. "Conditional 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 Simian Systems Inc. Marks in any manner other than as expressly authorized by Simian Systems Inc. in a written agreement or above in Section 1(A). Simian Systems Inc. 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 Simian Systems Inc.'s written authorization.

C. Partner and affiliate Simian Systems Inc. Logos.

Simian Systems Inc. has designed specific logos for use by partners and affiliates. These logos may only be used by parties having a written and signed agreement with Simian Systems Inc. allowing them to do so and under the conditions put down in that agreement.

As expressly provided in its written agreements with partners, Simian Systems Inc. generally grants to its partners certain non-perpetual rights to use special variations of the phpBeans Logo. These special variations of the phpBeans Logo denote the level of partnership with Simian Systems Inc. Permission to use these special variations must be granted by Simian Systems Inc. in writing. The scope of these rights depend upon the partnership level in question, are subject to the terms of a written agreement with Simian Systems Inc., and may be revoked at the discretion of Simian Systems Inc.

Information on how to become a partner of or affiliate to Simian Systems Inc. is available on the main Simian Systems Inc. website www.simian.ca.

The Simian Systems Inc. partner and affiliate logos are displayed in section 3A: the Simian Systems Inc. Mark Table.

D. Other Special phpBeans Logos.

From time to time, Simian Systems Inc. may create or use special logos or variations of a phpBeans Logo and attach specific terms of use to those special logos.

E. Simian Systems Inc. Certification logos

Persons who meet the requirements for certification according to the Simian Systems Inc. certification program, may use the appropriate Certification logos according to the "Simian Systems Inc. Certification logos are not publicly available for download.

F. Product Packaging.

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

G. Publications, Lectures, PowerPoint & Other Presentations.

Third Parties may use Simian Systems Inc. Marks (except Simian Systems Inc. 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 Simian Systems Inc. Mark as a trademark; and (iii) complies with this Trademark Policy. Simian Systems Inc. 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 etc).

Since the Simian Systems Inc. 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 Simian Systems Inc. Marks on all printed materials related to the publications or presentations.

Please note that this Section 1(F) only permits referential use of a Simian Systems Inc. Mark (except any Simian Systems Inc. Logo) - it does not permit use of any Simian Systems Inc. Mark as a trademark. Without the express prior written consent of Simian Systems Inc. No Simian Systems Inc. Mark may be used as a trademark to promote any publication, lecture or other presentation.

2. Unauthorized Use of Simian Systems Inc. Marks.

A. General.

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

B. Third Party Marks.

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

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

In the event that Simian Systems Inc. authorizes any of the above uses in writing, the Simian Systems Inc. Mark 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 "phpBeans" or any of the Simian Systems Inc. Marks or any marks that are confusingly similar to the Simian Systems Inc. Marks. in a way that is detrimental, i.e., harmful or damaging, to the value of any of the phpBeans Marks, or to Simian Systems Inc., its brand integrity, reputation or goodwill, as determined by Simian Systems Inc. in its sole discretion.

D. Damaging Use.

The Simian Systems Inc. Marks may not be used in a manner or with respect to products that will decrease the value of the Simian Systems Inc. Marks or otherwise impair or damage Simian Systems Inc.'s 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 Simian Systems Inc. Marks.

A. Simian Systems Inc. Mark Table.

Listed below are the current phpBeans Marks. This list will be updated from time to time, at the sole discretion of Simian Systems Inc. In addition, Simian Systems Inc. may, at its sole discretion, modify the Simian Systems Inc. Marks at any time. Please refer to the Simian Systems Inc. Mark Table periodically to ensure your compliance.

The phpBeans Word Marks

• "phpBeans"
• "phpBeans.com"

phpBeans Logos

The phpBeans Conditional Use Logos

The phpBeans Partner Logos

The absence of a trademark, service mark, trade name or logo from this list does not constitute a waiver of Simian Systems Inc.'s trademark or other intellectual property rights.

B. Proper Trademark Use.

Always use Simian Systems Inc. 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 Simian Systems Inc. Mark has a "product descriptor" that follows the trademark.

• Examples of Proper Use: phpBeans software, phpBeans application, phpBeans object server, phpBeans code, phpBeans source code, phpBeans binaries, phpBeans training classes, phpBeans support, phpBeans services, phpBeans partner.
• Examples of Improper Use: phpBeans's source code, phpBeans, I phpBeans-ed my system.

Do not alter Simian Systems Inc. Marks. When using a Simian Systems Inc. Mark, never vary the spelling, add hyphens, make one word two, or use a possessive or plural form of the Simian Systems Inc. Mark. Do not abbreviate a Simian Systems Inc. Mark to create an acronym.

When using a Simian Systems Inc. Logo, you must never modify the design, add or delete any words, or change any colors or proportions. The logo may be scaled proportionally. The logo may in its entirety be displayed in black on white background OR in white on dark - black or one-coloured - background. The typesize of the trademark notice symbol may be adjusted.

The phpBeans 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 "W" 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 Simian Systems Inc.

Any Simian Systems Inc. Logo shall only be used in conjunction with Simian Systems Inc. products and services, except as specifically agreed in writing by Simian Systems Inc. or in Section 1(A) above.

C. Provide Trademark Notice Symbols.

When using any Simian Systems Inc. Mark, you should use the TM symbol. This symbol provides notice to third parties of Simian Systems Inc.'s rights in its Marks.

Simian Systems Inc. word marks must bear the trademark notice symbol TM 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 copy. Notice symbols must always appear with all Simian Systems Inc. Logos. Wherever possible, trademark notice symbols should be superscripted immediately after all Simian Systems Inc. Marks. Once proper trademark notice symbols are used, and a Simian Systems Inc. Mark is correctly attributed to Simian Systems Inc.(as further explained below), in permitted materials, it is not ordinarily necessary to mark subsequent appearances of the trademark in the same text.

D. Statement for Correct Attribution.

All Simian Systems Inc. Marks that are used by third parties must be attributed to Simian Systems Inc. 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 Simian Systems Inc. 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 Simian Systems Inc. Marks:

"[Insert the phpBeans Marks that appears in that particular piece] is a trademark of Simian Systems Inc. in the United States, the European Union and other countries.

Examples:

• "phpBeans is a trademark of Simian Systems Inc. in the United States, the European Union and other countries."
• "The phpBeans Logo is a trademark of Simian Systems Inc. in the United States, the European Union and other countries."

E. Link to Simian Systems Inc. Website.

All uses of a phpBeans Logo, such as the "Powered by phpBeans" Logo, in a user interface should be linked from the logo to www.phpbeans.com.

4. General.

A. What is a trademark?

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. For example, Simian Systems Inc. brands its database server product and its other products and services using the phpBeans trademark and the other trademarks, service marks, trade names, and logos identified in Section 3(A) of this Trademark Policy (collectively, the "Simian Systems Inc. Marks" or "Marks").

A service mark is simply a trademark that identifies the source of a service. A logo is a trademark that incorporates a design of some sort, such as the Simian Systems Inc. Mark that includes the "cube" design. A trademark is not the same as a copyright or a patent.

B. Why trademarks are important.

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 phpBeans mark on the phpBeans server, the user understands that Simian Systems Inc. has either created or endorsed that product, and that the product is subject to the quality control standards of Simian Systems Inc. for that product. If anyone other than Simian Systems Inc. or one of its authorized partners or licensees were to use one of the Simian Systems Inc. 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 Simian Systems Inc. or that those products or services met the quality control standards of Simian Systems Inc.

C. Trademarks and the GPL License.

The General Public License (the "GPL") is one of the ways by which Simian Systems Inc. distributes the phpBeans server. The GPL permits third parties to use and redistribute the underlying software under certain circumstances. Such use and/or redistribution of Simian Systems Inc. software products are much welcomed by Simian Systems Inc., but should be distinguished from the use of the phpBeans Marks. The GPL does not provide any license or right to use any Simian Systems Inc. Mark in any form or media. Thus, although a GPL licensee may redistribute the underlying software, a GPL licensee may not use any Simian Systems Inc. Mark in doing so without the express prior written permission of Simian Systems Inc. Otherwise, users could be misled into thinking that revisions made by a GPL licensee were created or endorsed by Simian Systems Inc., or that those revisions met the quality control standards of Simian Systems Inc.

D. To whom does this Trademark Policy apply?

This Trademark Policy applies to all of phpBeans's authorized partners, authorized resellers, licensees, customers, and users of Simian Systems Inc.'s products and services, or products that incorporate Simian Systems Inc.'s products or services, as well as other third parties who wish to use the Simian Systems Inc. Marks (referred to as "Third Parties" or "you"). However, except as expressly provided in Section 1(A) below, this Trademark Policy does not constitute a license, implied or otherwise, to use any Simian Systems Inc. Mark or the Simian Systems Inc. company name. Although we encourage use of the Simian Systems Inc. "Conditional use logos" as provided in Section 1(A) above, generally, no person or entity may use any Simian Systems Inc. Mark without the prior, express written permission of Simian Systems Inc.

By adhering to this Trademark Policy, you help Simian Systems Inc. to prevent confusion in the marketplace and to protect and enhance the value and integrity of its Marks. Simian Systems Inc. appreciates your cooperation in this effort.

5. Miscellaneous.

A. Third Party Licensors.

Some Simian Systems Inc. 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 Simian Systems Inc. Marks and does not apply to marks owned by third parties.

B. Possible Infringements.

Please report any possible infringement and/or misuse of any Simian Systems Inc. Mark and/or a violation of this Trademark Policy at contact@phpbeans.com.

6. Questions, Comments and Reports of Misuse.

Please contact Simian Systems Inc. at email address contact@phpbeans.com.

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