Web guidelines for use of GNOME Trademark

[Tim Ney <ten gnome org>]

In order to retain and protect the GNOME trademark, the foundation needs
to maintain a somewhat formal process of licensing use of the foot and
GNOME name.  Keep in mind that the trademark law we need follow is a
different beast from the copyright law and free licenses that cover the
source code.  For this reason, with the help of the lawyers who obtained
the trademark registrations for GNOME Foundation, we've come up with the
text below.  

Without a question we want to make use of the GNOME trademark freely
available to developers, user groups and others who work on or promote
GNOME.  What we can't allow, obviously, is inappropriate use
(pornographic websites, etc) of the foot or GNOME name. 

In order to make this as painless as possible, along with the guidelines
below, the full text of the Trademark License Agreement will appear on
gnome.org. Anyone wanting to use the trademark, will be able to file the
agreement either on-line or by printing out, signing and returning to
GNOME Foundation by post.

tim


###
Webpage

GNOME Marketing Resource Center
Logos 


GNOME logos are the trademark of GNOME Foundation, Inc. 

GNOME Trademark and Logo Use Guidelines
v. 1.0   September 1, 2003

These apply to all GNOME resellers, developers, user groups, advertising
agencies, consultants, professional writers and editors, licensees and
other third parties making reference to GNOME trademarks. GNOME
Foundation reserves the right to modify these Usage Requirements as it
deems necessary or appropriate, including by written agreement or
license with third parties.

Trademark Attribution: Proper acknowledgement

Trademark ownership is attributed in two ways, with the use of a
trademark symbol (TM or ®) after the trademark, and with a trademark
legend, usually found at the end of a document in legible text following
the copyright notice. Remember, mere inclusion of a trademark symbol and
legend does not entitle you to use a GNOME trademark! You must enter the
following information for GNOME Foundation's review and accept the terms
of our Trademark License Agreement.


Click through to Agreement (see attached)
with fields to fill in:

Name (Individual, organization or company):
Contact person:

Postal Address:

Telephone number:
Fax number:

Purpose and use of GNOME trademark:



Upon review of your request, you will be notified by e-mail of its
acceptance.

###


TRADEMARK LICENSE AGREEMENT


	THIS Trademark License Agreement (the "Agreement") entered into by and
between the GNOME Foundation, Inc. ("Licensor"), with principal offices
located at             and _________________ ("Licensee"), with
principal offices located at _______________________________________. 
This Agreement is effective on the date when it has been executed by
both Licensor and Licensee (the "Effective Date").

	WHEREAS, Licensor wishes to license its GNOME Logo and Licensee wishes
to use the GNOME Logo in connection with certain products and services;

	NOW, THEREFORE, for due consideration the sufficiency of which hereby
is acknowledged, Licensor and Licensee agree as follows:

1.	DEFINITIONS

A."GNOME Logo" shall mean Licensor's proprietary design mark represented
at Exhibit A to this Agreement.

B."GNOME Products and Services" shall mean products and services related
to computer software platform developed and designed by the GNOME
Project.

2.	TRADEMARK LICENSE

Under the terms and conditions set forth herein, Licensor hereby grants
to Licensee a non-exclusive, personal, royalty-free right to use the
GNOME Logo solely in connection with the creation, rendering, marketing,
and distribution of GNOME Products and Services.  

3.	OWNERSHIP OF TRADEMARKS

Licensee acknowledges Licensor's sole ownership of the GNOME Logo
worldwide and all associated goodwill.  No right, title or interest in
the GNOME Logo, or in respective applications for registration or
registrations for the GNOME Logo, is transferred by Licensor to
Licensee, except the right of Licensee to use the GNOME Logo in
connection with the GNOME Products and Services according to the terms
of this Agreement.  Licensee's use of the GNOME Logo shall inure solely
to the benefit of Licensor.  Licensee shall not under any circumstances
assert rights in the GNOME Logo, shall not seek registration for the
GNOME Logo, and shall not take any action that could in any way
diminish, alter or adversely affect Licensor's rights in the GNOME
Logo.  Other than as provided in this License Agreement, Licensee shall
not use the GNOME Logo, or confusingly similar variations, either as a
designation of origin, trade name, Internet domain name, or in any other
source-identifying manner.

4.	CONDITIONS OF USE

A 1.	Licensee agrees to maintain the quality of GNOME Products and
Services at a level that meets or exceeds industry standards and that is
at least commensurate with the general level of quality of comparable
goods and services provided by Licensor.  Upon provision of reasonable
notice and during normal business hours, Licensee shall permit Licensor
or any representative duly authorized by Licensor access to Licensee's
premises to inspect the quality of Licensee's GNOME Products and
Services and otherwise ensure Licensee's compliance with the terms of
this Agreement.

B.	Licensee agrees to notify Licensor immediately of any infringement,
conflicting use and/or registration of the GNOME Logo, as well as any
acts of infringement or acts of unfair competition involving the GNOME
Logo, as soon as such matters come to Licensee's attention.  Licensee
shall, at the request of Licensor, cooperate with Licensor in taking any
steps that Licensor shall deem necessary and/or advisable to prevent
infringement or acts of unfair competition, and Licensee specifically
agrees to cooperate if it receives written instructions from Licensor in
this respect.

C.Licensor specifically reserves the right to use and register the GNOME
Logo in any country whatsoever, and Licensor further reserves the right
to license any other party whatsoever and wherever located to use the
GNOME Logo.

D.Licensee agrees that it will not, in any way, dispute or impugn the
validity of the GNOME Logo, corresponding applications for registration
or registrations of the GNOME Logo, nor Licensor's right to use the
GNOME Logo.
	
	E.	Other than as provided in this Agreement, Licensee shall not have
the right to use the GNOME Logo in combination with any other trademark
or service mark, trade name, symbol, letter or design without Licensor's
prior written consent.  Licensee shall obtain the Licensor's written
approval before using the GNOME Logo in any stylization not already used
by the Licensor.  The Licensee is granted no right to permit any third
party to use the GNOME Logo in any manner without the Licensor's written
consent.

5.	GOVERNING LAW:

This Agreement shall be governed by the laws of the State of California
without reference to conflict of law principles.  The parties agree that
the exclusive venue for any action arising out of or in connection with
this Agreement shall be the United States District Court for the
Northern District of California or the Superior and Municipal courts of
the State of California, San Francisco County.

VI.	NOTICE:
	
Any written notice provided by any party in relation to this Agreement
shall be considered valid if sent by U.S. Mail or certified mail, or by
Federal Express, DHL or other reliable overnight courier service, to the
recipient at the address specified above.

VII.	ASSIGNMENT AND SUBLICENSE:

Licensee shall not assign or sublicense this Agreement, and any right or
obligation created by this Agreement, except upon Licensor's written
consent, which may be withheld in Licensor's sole discretion.  Licensor
specifically reserves its unilateral right to assign, license, or
otherwise transfer its rights in the GNOME Logo and its rights and
obligations under this Agreement.

VIII.	TERM AND TERMINATION

	The term of the License shall commence on the Effective Date and will
terminate upon the termination or expiration of this Agreement. 
Licensor and Licensee shall each have the right to terminate this
Agreement at any time on thirty (30) days' written notice to the other,
such termination to become effective at the conclusion of the thirty
(30) day period.  Upon the termination of the Agreement for whatever
reason, Licensee shall immediately discontinue its use of the GNOME Logo
and all confusingly similar variations.

IX.	REPRESENTATIONS AND INDEMNIFICATION

1.	General Representations.  Each party hereby represents and warrants
for itself that it is a corporation duly organized, validly existing and
is in good standing under the laws of the jurisdiction of its
organization, is qualified to do business and is in good standing as a
foreign entity in each jurisdiction in which the conduct of its business
or the ownership of its properties requires such qualification and
failure to have such would prevent it from performing its obligations
under this Agreement and has all requisite power and authority to
conduct its business as now being conducted, to own, lease and operate
its properties and to execute, deliver and perform this Agreement.

B.	Indemnification by Licensee.  Licensee shall defend, indemnify and
hold harmless Licensor, its officers, directors, shareholders,
employees, successors and assigns from any loss, damage, or liability,
including reasonable attorney's fees, resulting from any claim,
complaint, suit, proceeding or cause of action against any of them
arising out of Licensee's use of the GNOME Logo in contravention of this
Agreement or Licensee's offering of the GNOME Products and Services. 



X.	DISCLAIMER OF WARRANTIES

	THE LICENSOR MAKES NO WARRANTIES REGARDING THE GNOME LOGO, INCLUDING
VALIDITY OF THE LICENSOR'S RIGHTS IN ANY COUNTRY, AND HEREBY DISCLAIMS
ALL WARRANTIES THAT MIGHT OTHERWISE BE IMPLIED BY LAW, INCLUDING
WARRANTIES AGAINST VIOLATION OR INFRINGEMENT OF TRADEMARK, LITERARY, OR
PERSONAL RIGHTS, OR OTHER PROPRIETARY RIGHTS.

XI.	LIMITATION OF LIABILITY.

	IN NO EVENT SHALL LICENSOR BE LIABLE FOR LICENSEE'S OR ANY THIRD
PARTY'S CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR SPECIAL
DAMAGES (INCLUDING LOST PROFITS) ARISING FROM OR RELATED TO LICENSEE'S
USE OF THE GNOME LOGO OR OFFERING OF THE GNOME PRODUCTS AND SERVICES,
REGARDLESS OF THE LEGAL THEORY OR WHETHER LICENSOR HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.

XII.	FORCE MAJEURE

No party shall be liable for any failure or delay in its performance
under this Agreement due to causes, including, but not limited to, acts
of God, acts of civil or military authority, fires, epidemics, floods,
earthquakes, riots, wars, sabotage, labor shortages or disputes, and
governmental actions, which are beyond its reasonable control; provided
that the delayed party: (i) gives the other party written notice of such
cause promptly, and in any event within fifteen (15) days of discovery
thereof; and (ii) uses its reasonable efforts to correct such failure of
delay in its performance.  The delayed party's time for performance or
cure under this Section shall be executed for a period equal to the
duration of the cause or ninety (90) days, whichever is less.

XIII.	SEVERABILITY

If for any reason a court of competent jurisdiction finds any provisions
of this Agreement, or portion thereof, to be unenforceable, that
provision of the Agreement shall be enforced to the maximum extent
permissible so as to effect the intent of the Parties, and the remainder
of this Agreement shall continue in full force and effect.

XIV.	NO WAIVER

Failure by either party to enforce any provisions of the Agreement shall
not be deemed a waiver of future enforcement of that or any other
provision.


XV.	ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with
respect to the subject matter hereof, and supersedes and replaces all
prior or contemporaneous understandings or agreements, written or oral,
regarding such subject matter.  No amendment to or modification of this
Agreement shall be binding unless in writing and signed by duly
authorized representatives of all parties.


IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed by their duly authorized representatives.

GNOME Foundation, Inc.

By:					

					
Printed Name

					
Title

					
Date


Licensee: 				

By:					

					
Printed Name

					
Title

					
Date