OpenClinica Trademark Policy
OpenClinica Trademark Policy
This Trademark Policy is instituted by Akaza Research LLC ("Akaza") and applies to all third parties who wish to use any of the trademarks, service marks, trade names or logos owned by Akaza (the "Akaza Marks"), including but not limited to, Akaza’s authorized partners, certified resellers, licensees, customers, and users of Akaza’s products and services, or products that incorporate Akaza’s products or services (collectively referred to as "Third Parties" or "you").
- Trademark Information
- Non-Trademark Use of Akaza Marks
- Unauthorized Use of Akaza Marks.
- Internet Domain Names. You may not register or attempt to register an Internet domain name that includes "Akaza" or "OpenClinica" (or any variation thereof) or any of the Akaza Marks or any marks that are confusingly similar to the Akaza Marks in a way that is detrimental, i.e., harmful or damaging, to the value of any of the Akaza Marks, or to Akaza, its brand integrity, reputation or goodwill, as determined by Akaza in its sole discretion.
- Damaging Use. You may not use any Akaza Mark in any manner or with respect to any products that will decrease the value of the Akaza Marks or otherwise impair or damage Akaza’s brand integrity, reputation or goodwill, including (without limitation) use in a manner that is unethical, offensive, disparaging, defamatory, illegal or in bad taste.
- Guidelines for Proper Use of Akaza Marks.
- General.
- Miscellaneous.
- (a) General.
- As a general rule, no Third Party may use (or authorize the use of) any of the Akaza Marks in any manner other than as expressly authorized
by Akaza in a written agreement or as set forth in this Trademark Policy. Akaza reserves the right to revoke any such authorization at any time in its sole
discretion, including, but not limited to, any situation where use of the Akaza Marks does not strictly conform with the requirements of this Trademark Policy
and/or Akaza’s written authorization.
- (b) Authorized Use of Akaza Marks.
- (i) Akaza Conditional Use Logos
- (A) Akaza has developed one or more logos for use by those who wish to show their support for Akaza and its products and services
by displaying such a logo in the user interface of a website or internet-based application ("Conditional Use Logos"). The Conditional
Use Logos are displayed in Section 6 below. The Conditional Use Logos may be used without specific written permission from Akaza only
if all of the following conditions are met:
- * The use must not be detrimental, i.e., harmful or damaging, to the value of any of the Akaza Marks, or to Akaza, its brand integrity,
reputation or goodwill, as determined by Akaza in its sole discretion;
- * The Conditional Use Logo must be a "clickable" link that leads directly to www.akazaresearch.com or www.openclinica.org.
An exception to this is made for the OpenClinica logo in the upper-left hand corner of the OpenClinica software,
which must link to the home page of the OpenClinica application or not be clickable at all;
- * The limited license given herein does not include the right to use any Conditional Use Logo or any other Akaza Mark as
a trademark to promote your own products or services. For example, you may not use any Akaza Mark on any product packaging,
marketing materials 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 Akaza in a signed, written agreement; and
- * The use of any Conditional Use Logo under this Section 1(b) must also comply with applicable provisions of this Trademark Policy,
including (without limitation) Section 6(f)
- (B) If you have special needs that are not covered by the above, please contact Akaza at contact@akazaresearch.com to request special permission to use an Akaza Mark.
- (C) Akaza reserves the right to revoke this authorization at any time in its sole discretion. For example,
if Akaza believes that your use of any Conditional Use Logo is detrimental to any of the Akaza Marks or is otherwise unacceptable,
Akaza may revoke this authorization. Upon any revocation of this authorization by Akaza, you shall immediately cease using any and
all Akaza Conditional Use Logos. If you do not immediately cease using all Akaza Conditional Use Logos upon revocation by Akaza,
Akaza 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 an Akaza Conditional Use Logo, you may adjust
the overall size of the logo, so long as adjustments are made proportionally.
- (D) USE OF ANY AKAZA MARK IS AT YOUR OWN RISK. THE USES PERMITTED UNDER THIS SECTION 1(b) ARE PROVIDED BY AKAZA ON AN “AS IS” BASIS,
WITHOUT ANY WARRANTIES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF NON-INFRINGEMENT. YOU AGREE TO INDEMNIFY AND DEFEND AKAZA
AND HOLD AKAZA, 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 AKAZA MARK IN VIOLATION OF THIS TRADEMARK POLICY.
- (E) You agree that you will not acquire rights in any Akaza Mark through your use of any Conditional Use Logo.
By using any Conditional Use Logo, you agree to the terms contained in this Trademark Use Policy.
- (F) You further agree that, if you are not a Customer or Partner of Akaza (as defined in Sections 1(b)(ii) and 1(b)(iii) below), you will include the
following disclaimer on all materials, software, and communications which display any Conditional Use Logo:
- "[Your Company Name] is not a certified partner, reseller, or affiliate of Akaza Research LLC, and is not certified, approved,
or sponsored by Akaza Research LLC in connection with the installation, operation, maintenance or support of the OpenClinica® software platform,
the OpenClinica® Enterprise software platform or any other Akaza products."
- For software, this requirement may be satisfied by displaying the text "Unsupported Community Edition" in a prominent, readable manner on
all screens, with a rollover or popup that displays the text of the disclaimer.
- (G) You further agree that, if you are not a Customer or Partner and you have made any modifications to the OpenClinica software platform, you will include (in addition to clause F above) the following disclaimer on all materials, software, and communications which display any Conditional Use Logo:
"This modified version of the OpenClinica® software platform ([Insert version number] is not supported by Akaza Research LLC or its
OpenClinica® Enterprise Services Group."
- (ii) Akaza Customer Logos.
- (A) Akaza has developed one or more logos for use by customers of its OpenClinica® Enterprise Edition product ("Customers"). These logos ("Customer Logos") may only be used by parties having an active, paid subscription for at least one OpenClinica® Enterprise Edition instance ("Supported Instance"). The Customer Logos are displayed in Section 6 below.
The Customer Logos may be used by parties having an active, paid subscription for at least one OpenClinica® Enterprise Edition instance without additional specific written permission from Akaza only if all of the following conditions are met:
- * The use must not be detrimental, i.e., harmful or damaging, to the value of any of the Akaza Marks, or to Akaza, its brand integrity, reputation or goodwill, as determined by Akaza in its sole discretion;
- * The Customer Logo must be a "clickable" link that leads directly to www.akazaresearch.com or www.openclinica.org. An exception to this is made for the OpenClinica logo in the upper-left hand corner of the OpenClinica software, which must link to the home page of the OpenClinica application or not be clickable at all;
- * The limited license given herein does not include the right to use any Customer Logo or any other Akaza Mark as a trademark to promote your own products or services. For example, you may not use any Akaza Mark on any product packaging, marketing materials or documentation, such as (without limitation) on CD-ROM or diskette labels or packaging, proposals, marketing collateral, trade show graphics, books or other publications. Any such use must be expressly authorized by Akaza in a signed, written agreement;
- * The use of any Customer Logo must be solely in association with the Supported Instance(s) of the OpenClinica software you have purchased;
- * The use of any Customer Logo under this Section 1(b) must also comply with applicable provisions of this Trademark Policy, including (without limitation) Section 6(f)
- (B) If you have special needs that are not covered by the above, please contact Akaza at contact@akazaresearch.com to request special permission to use an Akaza Mark.
- (C) This authorization is automatically revoked if at any time the Customer ceases to have at least one paid, active OpenClinica® Enterprise Edition instance subscription, or if the Customer is more than 90 days past due on any OpenClinica® Enterprise Edition instance subscription fee.
Akaza also reserves the right to revoke this authorization at any time for any reason in its sole discretion. For example, if Akaza believes that your use of any Customer Logo is detrimental to any of the Akaza Marks or is otherwise unacceptable, Akaza may revoke this authorization. Upon any revocation of this authorization by Akaza, you shall immediately cease using any and all Akaza Customer Logos. If you do not immediately cease using all Akaza Customer Logos upon revocation by Akaza, Akaza 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 an Akaza Customer Logo, you may adjust the overall size of the logo, so long as adjustments are made proportionally.
- (D) USE OF ANY AKAZA MARK IS AT YOUR OWN RISK. THE USES PERMITTED UNDER THIS SECTION 1(b) ARE PROVIDED BY AKAZA ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF NON-INFRINGEMENT. YOU AGREE TO INDEMNIFY AND DEFEND AKAZA AND HOLD AKAZA, 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 AKAZA MARK IN VIOLATION OF THIS TRADEMARK POLICY.
- (E) You agree that you will not acquire rights in any Akaza Mark through your use of any Customer Logo. By using any Customer Logo, you agree to the terms contained in this Trademark Use Policy.
- (F) You further agree that you will not use any Customer Logo in association with instances of the OpenClinica software that you have deployed, in modified or unmodified form, in excess of the number of OpenClinica® Enterprise Edition subscriptions you have purchased (“Non-Supported Instances”). This requirement extends to all materials, software, and communications which display any Customer Logo in association with the Non-Supported Instances. The requirement does not apply to copies of a Supported Instance that are used only for development, testing, validation, or backup purposes.
If you have deployed, or intend to deploy, additional instance(s) of OpenClinica and wish to use any Customer Logo in association with these instances, you must convert these to Supported Instances by adding an additional paid subscription for each production instance.
- (G)You further agree that, if you are not a Partner of Akaza (as defined in Section 1(b)(iii) below), you will include the following disclaimer on all materials, software, and communications which display any Customer Logo:
- OpenClinica®, OpenClinica EnterpriseTM, and Akaza Research® are trademarks of Akaza Research LLC. The party providing this instance of OpenClinica®, [Your Company Name], is a customer and licensee of Akaza Research LLC®, in connection with the installation, operation, maintenance and/or support of the OpenClinica® Enterprise software platform. [Your Company Name] is not a certified partner or reseller of Akaza Research LLC.
- For software, this requirement may be satisfied by displaying the text "OpenClinica Enterprise Edition" in a prominent, readable manner on all screens, with a rollover or popup that displays the text of the disclaimer.
- (H)You further agree that, if you are not a Partner and you have made any modifications to the OpenClinica software platform, you will include (in addition to clause G above) the following disclaimer on all materials, software, and communications which display any Customer Logo: "This version of the OpenClinica® software platform ([Insert version number]) has been modified by [Your Company Name]."
- (I)You further agree to maintain the quality of your use of the Customer Logo(s) in a manner that meets or exceeds industry standards, and to remedy any material deficiencies in its use of the Customer Logos, upon reasonable notice from Akaza.
- (J)You further agree, upon reasonable request from Akaza, to notify Akaza of the locations of your use of the Customer Logos and/or furnish Akaza with suitable specimens of your use of the Customer Logos. Akaza may review your use of the Customer Logos periodically to evaluate your compliance with the quality standards described in this Agreement.
- (K) Conditional Use Logos, as defined in Section 6 of this Trademark Policy, may also be used by Customers under the terms and conditions set out herein for Customer Logos when used in association with a Supported Instance of the software. Any use of Conditional Use Logos in association with a Non-Supported Instance must adhere to the terms and conditions for authorized use of Akaza Conditional Use Logos in Section 1(b)(i) of this Trademark Policy.
- (L) For information on how to become an OpenClinica Enterprise Edition customer, please email sales@akazaresearch.com.
- (iii) Akaza Partner Logos.
- (A) Akaza has designed specific logos for use by certain partners, resellers, and affiliates who are certified by Akaza to
install, operate, maintain and/or support Akaza’s OpenClinica® software product(s) ("Partners"). These logos ("Partner Logos") may only be
used by parties having a written and signed agreement with Akaza allowing them to do so and under the conditions set forth in that agreement.
The Partner Logos are displayed in Section 6 below.
- (B) For information on how to become a Partner, please email contact@akazaresearch.com.
- (a) You may use Akaza Marks 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 any Akaza Mark as a trademark; and (iii) complies with this Trademark Policy.
Akaza 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.). Without the express prior written consent of Akaza, no Akaza Mark may be
used as a trademark to promote any publication, lecture or other presentation.
- (b) Akaza Marks are to be used in these instances only to describe the content of the publication or presentation and not
as trademarks to promote your own products and services. You shall not register, or attempt to register, the titles as trademarks,
service marks, corporate names or trade names. In addition, you must place your own name, mark and/or logo on the cover and title
page of all publications and on all materials related to the presentations, in a more prominent location than the title incorporating the Akaza Marks.
- (a) General.
- Unauthorized use of the Akaza Marks or marks that are confusingly similar to any Akaza Mark may constitute an infringement
of Akaza’s trademark rights and is strictly prohibited. Without the express prior written consent of Akaza, no Akaza Mark may be used in
a manner that implies an affiliation with or sponsorship by Akaza.
- (b) Third Party Marks.
- Unless expressly authorized by Akaza in writing, Third Parties may not use any Akaza Marks as part of their company name,
trademarks or logos. You may not combine any Akaza Mark with any mark owned by you or any third party trademark without the express prior written consent
of Akaza.
- (c) You may not name or rename a product or service of your own to include the word "Akaza" or "OpenClinica" (or any variation thereof) without
the express prior written consent of Akaza. Furthermore, you may not claim any right to register, or attempt to register, a trademark in any territory
if the trademark in question includes "Akaza" or "OpenClinica" (or any variation thereof) or is in some other way similar to any Akaza Mark.
- (a) Akaza Mark Table.
- Listed below are the current Akaza Marks. This list will be updated from time to time, at the sole discretion of Akaza.
In addition, Akaza may, at its sole discretion, modify the Akaza Marks at any time.
Please refer to the Akaza Mark Table periodically to ensure your compliance.
- (b) Word Marks
- AKAZA RESEARCH ®
- OPENCLINICA®
- PROFESSIONAL OPEN SOURCE FOR CLINICAL RESEARCH TM
- OPENCLINICA ENTERPRISE®
- (c) Customer Logos
- (d) Partner Logos
- (e) Conditional Use Logos
- (f) Proper Trademark Use.
- (i) You must not alter or modify any Akaza Mark. When using an Akaza Mark, you must never vary the spelling, add hyphens, make one word two,
or use a possessive or plural form of the Akaza Mark. You must not abbreviate an Akaza Mark to create an acronym.
- (ii) When using an Akaza 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-colored - background. The typesize of the trademark notice symbol may be adjusted.
- (iii) You must use the Akaza logo only 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. A margin 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 Akaza.
- (iv) Any Akaza Mark shall only be used in conjunction with Akaza products and services, except as specifically agreed in writing by Akaza
or in Section 1(b) above.
- (v) You must use the ® symbol in connection with the following Akaza Marks: OPENCLINICA®, AKAZA RESEARCH ®.
You must use the TM symbol in connection with any other Akaza Mark.
- (vi) The appropriate notice symbols must always be superscripted immediately after all Akaza Marks.
- (g) Statement for Correct Attribution.
- All use of Akaza Marks must be attributed to Akaza with our standard trademark attribution statement.
The statement must always be a complete sentence, and must be placed in a visible place in the material referencing the Akaza 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 Akaza Marks:
- "[Insert the Akaza Marks that appear in that particular piece] is a trademark of Akaza Research LLC in the United States
and other countries."
- Examples:
- "OpenClinica is a trademark of Akaza Research LLC in the United States and other countries."
- "The Akaza Logo is a trademark of Akaza Research LLC in the United States and other countries."
- (h) Link to Akaza Website.
- All uses of Akaza logos in a user interface should be hyperlinked from the logo to either
www.akazaresearch.com or www.openclinica.org.
- (a) What is a trademark?
- (i) 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, Akaza brands its clinical research software product
and its other products and services using the Akaza and OpenClinica trademarks and the other Akaza Marks.
- (ii) 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.
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 Akaza Mark on the Akaza products, the user understands that Akaza has either created or endorsed that product,
and that the product is subject to the quality control standards of Akaza for that product. If anyone other than Akaza
or one of its authorized partners or licensees were to use one of the Akaza 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 Akaza or
that those products or services met the quality control standards of Akaza.
- (c) Trademarks and the GNU Lesser General Public License.
- Akaza distributes the OpenClinica software platform
under the GNU Lesser General Public License (the "LGPL"). The LGPL permits third parties to use and redistribute the
underlying software under certain circumstances. Such use and/or redistribution of Akaza software products are welcomed
by Akaza, but should be distinguished from the use of the Akaza Marks. The LGPL does not provide any license or right
to use any Akaza Mark in any form or media. Thus, although an LGPL licensee may redistribute the underlying software under
the terms of the LGPL, an LGPL licensee may not use any Akaza Mark in doing so without the express prior written permission
of Akaza. Otherwise, users could be misled into thinking that revisions made by the LGPL licensee were created or endorsed
by Akaza, or that those revisions met the quality control standards of Akaza. In order to avoid any confusion about the
origin of any such revisions, unless authorized through the Akaza Partner program or the Akaza Certification program, you must
include the disclaimer as set forth in Section 1(b)(i)(F) in connection with your use of any of the Akaza Marks.
- (a) Third Party Licensors.
- Some Akaza 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
Akaza Marks and does not apply to marks owned by third parties.
- (b) Possible Infringements.
- Please report any possible infringement and/or misuse of any Akaza Mark and/or a violation of this
Trademark Policy at contact@akazaresearch.com.
- (c) Questions, Comments and Reports of Misuse.
- Please contact Akaza Research LLC at email address contact@akazaresearch.com.
