Trademark Guidelines
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FREESPIRE TRADEMARK GUIDELINES
Last Updated: July 3, 2006
LINSPIRE RESERVES THE RIGHT TO CHANGE THESE GUIDELINES AT ANY TIME. YOU SHOULD PERIODICALLY CHECK THESE GUIDELINES TO BE SURE THAT YOU ARE IN COMPLIANCE.
Introduction
Linspire has developed the following Guidelines for the use of our trademarks. These Guidelines are designed to serve both consumers of open source products, to ensure that they know the source of the products they purchase, and publishers of open source products, so that they can avoid improperly generating confusion in the marketplace. The Freespire Products
Linspire distributes two operating system products under its “Freespire” brand: (1) the Freespire operating system and (2) the Freespire OSS Edition operating system. The Freespire operating system is a combination of open source code and proprietary code, while the Freespire OSS Edition operating system consists solely of open source code. The open source software in both operating systems is licensed under under the GNU General Public License ("GPL"), the GNU Lesser General Public License (“LGPL”), and other similar open source license agreements (collectively, "OSLAs"). Use of Linspire Trademarks
1. Linspire Trademarks May Only Be Used with Express Permission. Linspire's trademarks may only be used with the express prior written consent of Linspire. You may not use Linspire's trademarks or any confusingly similar mark as a trademark for your product, or use any Linspire trademark in any other manner that might cause confusion in the marketplace or that implies an affiliation with or sponsorship by Linspire. Subject the foregoing, Linspire hereby does give you permission to use the Freespire trademark in association with distributing the original unmodified Freespire OSS Edition operating system code.
2. Proper Form and Attribution. Linspire's trademarks must be used in their proper form – neither abbreviated or combined with any other word or words. The first or most prominent mention of a Linspire trademark must be accompanied by a symbol indicating whether the mark is a registered trademark (“®”) or an unregistered trademark (“TM”). In addition, the following notice must appear somewhere nearby (at least on the same page) the first use of a Linspire trademark: “[TRADEMARK] is a [“registered”, if applicable] trademark of Linspire, Inc.” Linspire is a register trademark. Registrations for Freespire are currently pending.
3. Distributing Modified Versions of the Freespire Operating Systems. As a licensee under the GPL and other applicable OSLAs, you have the right to make changes to the Freespire OSS Edition operating system (and the open source portions of the Freespire operating system) and can market and distribute those changes provided that you strictly follow these guidelines:
A. You must comply with all applicable copyright licenses for the software and these Guidelines.
B. You may not name your product “Freespire” or use any other Linspire trademark in any way. The name or brand you use must not cause confusion with Linspire's trademarks and must not indicate that your product is sponsored by or affiliated with Linspire.
C. You must modify the files to remove all images containing Linspire's trademarks. Please note that such modifications could corrupt the software.
4. Third Party Licensors. The Freespire operating systems include software and technology used under license from third party licensors. These Guidelines are limited to Linspire trademarks and do not apply or give you rights to marks owned by third parties.
5. Domain Names. If you want to include all or part of a Linspire trademark in a domain name, you have to receive written permission from Linspire. Almost any use of a Linspire trademark in a domain name is likely to confuse consumers.
6. Linking. So long as you don't do anything that might confuse visitors to your website, or that might violate these Guidelines, Linspire invites you to link to the Freespire website.
7. Services Related To Freespire Software. If you offer services related to the Freespire operating systems or any other Linspire software, you may use Linspire's trademarks in describing and advertising your services, so long as you don't violate these Guidelines for the use of Linspire's trademarks or do anything that might mislead customers into thinking that Linspire has any direct relationship with your organization.
8. Conditional Use Logos for Freespire Supporters. Linspire has developed a family of “Conditional Use” Freespire logos that include Linspire's trademarks for those who wish to show their support for Freespire by displaying such logos on a website or on personal merchandise (the “Conditional Use Logos”). The Conditional Use Logo may be used without specific written permission from Linspire under the following conditions:
A. The use must not be detrimental, i.e., harmful or damaging, to the value of any of Linspire's trademarks, or to Linspire, its brand integrity, reputation or goodwill, as determined by Linspire in its sole discretion.
B. Where used on a website, the Conditional Use Logos must be a “clickable” link that leads directly to http://www.freespire.org.
C. You may not modify the design, add or delete any words, or change any colors of any of the Conditional Use Logos.
D. Where used on a website, if the website has password-protected areas, the Conditional Use Logos must be placed only in areas that are not password-protected.
E. You may make t-shirts, desktop wallpaper, or baseball caps with the Conditional Use Logos on them, though only for yourself and your friends (meaning people from whom you don't receive anything of value in return). You can't put the Conditional Use Logos on anything that you produce commercially without Linspire's prior written permission.
F. The limited license given herein does not include the right to use any Conditional Use Logo or any other Linspire logo as a trademark to promote your own products or services.
G. The use of any Conditional Use Logo under this Section 8 must also comply with the applicable provisions of these Guidelines.
H. Linspire reserves the right to revoke this authorization at any time in its sole discretion. Upon revocation of this authorization by Linspire, you shall immediately cease using any and all Linspire “Conditional Use” logos. If you do not immediately cease using all Linspire “Conditional Use” logos upon revocation by Linspire, Linspire may take whatever action it deems necessary to protect its rights and interests.
9. Limitation of Liability/Indemnity. Use of any Linspire trademark (including without limitation the Conditional Use Logos) is at your own risk. The uses permitted under these Guidelines are provided by Linspire “AS IS,” without any warranties whatsoever, including, without limitation, any warranty of non-infringement. You agree to indemnify and defend Linspire and hold Linspire, 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 Conditional Use Logo or other Linspire trademark in violation of these Guidelines. You agree that you will not acquire any rights in any Linspire trademark through your permitted use of any Linspire trademark. By using any Linspire trademark, you agree to the terms contained in these Guidelines.
