Trademark and Logo Usage Requirements

The Infovista Trademark and Logo Usage Requirements set forth the authorized usage policies for using or referring to the Infovista brands, trademarks, product and service names, and logos.

These Infovista Trademark and Logo Usage Requirements apply to:

Infovista SAS.;
its subsidiaries, affiliates, and employees; and
Infovista partners, resellers, customers, licensees and to third parties making reference to Infovista Trademarks in promotional, or reference materials, or on their web sites, products, labels or packaging

I. Definition

"Infovista" refers to Infovista SAS, a French société anonyme, and all of its subsidiaries and divisions worldwide.

"Infovista Trademarks" refer to the Infovista brand and family brands, namely Infovista®, VistaBridge®, VistaCockpit®, VistaDiscovery®, VistaFoundation®, VistaInsight®, VistaLink®, VistaMart®, VistaPortal®, VistaView®, Vista360®, 5View™, Mentum®, Mentum Ellipse® , Mentum Fusion®, Mentum Planet®, Planet®, XEDA®, XEUS®, VistaNeo™, Ipanema®, SALSA®, ip|engine®, tele|engine, nano|engine®, virtual|engine®, Autonomic Networking System®, ANS®, IMA®, WAN Governance, Application Quality Score® (and associated logos and marks); and generally to all other product names, product feature names, service names, logos, and all other designations used to identify any product or service offered by Infovista.

"Infovista Logo" refers to the enlarged word "Infovista®" and the associated design.

II. Reservation of Rights

Infovista is the sole owner of all right, title, and interest in the Infovista Trademarks and Infovista Logo. No person or entity may reproduce or use, or authorize the reproduction or use of, the Infovista Trademarks and Infovista Logo in any manner other than expressly authorized by Infovista. Unauthorized use of Infovista Trademarks and Infovista Logo or of marks or logos that are confusingly similar to Infovista Trademarks are strictly prohibited. Any attempt to claim or establish trademark rights in the name or title of third parties products, services, publication, conference, trade show, or exposition to the extent that it references or incorporates any Infovista Trademarks and/or Infovista Logo, is strictly prohibited.

III. Modifications - Compliance

Infovista may, at its sole discretion, modify the Infovista Trademarks and Infovista Logo at any time. Please refer to the Infovista Trademarks and Logo Usage Requirements periodically to ensure your compliance.

Infovista may, at its sole discretion, modify the Infovista Trademarks and Logo Usage Requirements as it deems necessary or appropriate, without notice. The use of Infovista Trademarks and Infovista Logo by any authorized third party must comply with the updated Infovista Trademarks and Logo Usage Requirements within sixty (60) days of Infovista's release of an update.

Authorized use of Infovista Trademarks and/or Infovista Logo may not be deemed to be permanent and may be withdrawn by Infovista upon prior reasonable notice, or without prior notice for failure to comply with the Infovista Trademarks and Logo Usage Requirements.

IV. Use of Trademark Symbols and Legends

A. Guidelines for Proper Trademark Use

References to Infovista products, technology and services by their associated Infovista Trademarks may be made by third parties, provided such references are truthful and not misleading, and fully comply with the guidelines and policies set forth herein.

Infovista Trademarks are valuable corporate assets of Infovista. The use of Infovista Trademarks must not be detrimental to the value of these Trademarks or to Infovista, its reputation or goodwill.
Infovista Trademarks are valuable corporate assets of Infovista. The use of Infovista Trademarks must not be detrimental to the value of these Trademarks or to Infovista, its reputation or goodwill.
Infovista Trademarks must not be shortened, altered or abbreviated.
Infovista Trademarks must always be used in the ways they were intended for use. They must not be used for other products and services.
Infovista Trademarks must be used in the distinctive way in which the trademark is intended to be used. For example:
- All lower case letters, but only when adjacent print is in a different type style;
- First letters of each word or words capitalized, to indicate the trademark is not a mere description of a product;
- All capital letters, but only when adjacent print is in lower case letters;
- Italic or style of print other than that used for the type of the other words in a printed piece.

Since a trademark is used as an adjective, the following rules should be observed:

With the exception of the Infovista name when used as the Company's name, a trademark may not be used alone as a noun. A trademark may only be used as an adjective that immediately precedes the generic noun describing the associated product.
Infovista Trademarks may not be used in possessive form: for example reference to "Infovista's features" is an incorrect use, reference to "...the features of the Infovista® technology" is a correct use.
Infovista Trademarks may not be used in plural form.
Infovista Trademarks may not be used as a verb.
Infovista Trademarks may not be used as generic terms.

B.Correct Trademark Attribution

References to Infovista Trademarks and Infovista Logo must always include the proper notation and the proper legend.

Trademark Symbols

A Registered trademark must always be noted with a ®.
A trademark not yet registered must always be noted with a ™.
If you have any doubt on the appropriate symbol you should use, please contact our Legal Department.
The symbol must be placed immediately after the trademark (either in superscript or subscript).
Trademark symbols are always required for Infovista Trademarks used in logo format.
The trademark symbol should preferably be used every time an Infovista Trademark or Infovista Logo is used, but in any event is required at least for the first occurrence of such trademark in any text, piece or surface.
Infovista Trademarks (with related symbols) include, but are not limited to, the list of trademarks set forth in Schedule 1 to this Infovista Trademark and Logo Usage Requirements, below.

Trademark Legends

All Infovista Trademarks must be attributed with an appropriate trademark legend. The legend must be large enough to be legible. Please use the following legend in all material referencing any Infovista Trademark: "Infovista, the Infovista logo [and] [insert all other Infovista Trademarks or Product or Service Names that are referred to in the document] are trademarks or registered trademarks of Infovista SAS in France, in the United States and other countries."

Copyright Notice in Conjunction with Trademark Legends

The following notice shall be applied on Infovista's products or products documentation when referring to a Trademark.

Infovista® and [ ] are registered trademarks or trademarks of InfoVista SAS in the United States and/or other countries.

The information contained in this document is the property of Infovista SAS No part of this publication may be reproduced in any form (including photocopying or electronic storage on any medium) or by any means or used to make any derivative work (such as translation, transformation or adaptation) without the express written permission of Infovista SAS

The information contained in this document is subject to change without notice and does not carry any contractual obligation for Infovista. Infovista reserves the right to make changes to any products or services described in this document at any time without notice. Infovista shall not be held responsible for the direct or indirect consequences of the use of the information contained in this document.

Use of Infovista Trademarks in Third-Party Company or Product Names is Prohibited

The Infovista mark, the Infovista Logo, or any other Infovista Trademark or confusingly similar name or mark may not be used by any third parties, in whole or in part, as all or part of their company, product, trade, or service names, marks or logos, without the express prior written authorization by Infovista.

References to Infovista Products or Services

Where Infovista Trademarks are used to refer to Infovista products and services on promotional materials or reference materials of third parties, or on their web sites, products, labels or packaging to describe, for example, that the third party product is compatible with the referenced Infovista product or technology, such use must comply with the guidelines set forth above and with the following additional requirements:

The Infovista Trademark must be used in a referential phrase such as "for use with", "for", or "compatible with".
The Infovista Trademark must appear less prominent than the third party product name.
The product must actually be compatible with, or otherwise works with, the referenced Infovista product.
The product must not negatively impact any of the alliance, partnerships or certification programs of Infovista .
The reference to Infovista does not imply any endorsement, sponsorship by, or other false associations with Infovista or Infovista products.
The Infovista Logo is not used.
The use does not refer to Infovista or its products in a false, misleading or detrimental way.

Use of misleading Trademark Legends is Prohibited

Third parties may not include legends or any statements stating or suggesting that they have or are claiming any rights in any Infovista Trademark. Expressly authorized licensees of Infovista Trademarks shall include a statement attributing ownership of the marks to Infovista, such as the following: "Infovista Trademarks and logos are trademarks or registered trademarks of Infovista SAS in France, in the U.S. or other countries and are used under license."

Use of Infovista Trademarks in Publications

Infovista Trademarks may be used by third parties in the titles of magazines, presentations, or other publications, provided that:

the use is referential,
the use is less prominent than the rest of the title,
the use reflects in a favorable way on Infovista and Infovista products or services, and
the company name and logo of the third party appear prominently on all related materials.

Foreign Product Trademarks

Trademark laws and registration symbol regulations vary in different countries. Questions concerning trademark use and the manner of indicating proprietary rights and registration status should be addressed to Infovista SAS's Legal Department.

Even if appropriate in the USA, third parties should NOT USE the term "Registered Trademark" or the ® symbol on exports unless they are certain the receiving country has no objections to such a statement. If the trademark is not registered in that country, the statement might be considered a misrepresentation and subject to a penalty. Where the label on which or the publication in which a trademark appears will or might be exported to the countries the particular trademark is not registered, third parties must place an * next to the trademark, and at the bottom of the page or of the label place the statement "Reg. US Pat. Off." or preferably "Trademark of Infovista SAS, Reg. US Pat. Off."

A foreign trademark application can be filed in most countries based on use in that country or based on the filing of a US application for registration. In the latter case, the foreign application must be filed within six (6) months of filing of the US application.

In many foreign countries, a registration cannot be obtained for initials only. For this reason, it may be desirable to select non-initial trademarks for use overseas.

V. Miscellaneous

A.Domain Names

No third party may register or attempt to register an Internet domain name that contains (i) an Infovista Trademark (or a part of it), or (ii) a confusingly similar or detrimental word, name or sentence, as part of it.

B.Possible Infringement

Please report any infringement or suspected infringement of the Infovista Trademarks or Infovista Logo to our Legal Department. Please provide as much details as possible regarding the identity of the possible infringer as well as the suspected infringing use.

C.Warranty

USE OF ANY INFOVISTA TRADEMARKS OR INFOVISTA LOGO IS AT YOUR OWN RISK. THE USES PERMITTED HEREUNDER ARE PROVIDED BY INFOVISTA "AS IS," WITHOUT ANY WARRANTIES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF NON-INFRINGEMENT. YOU AGREE TO INDEMNIFY AND DEFEND INFOVISTA AND HOLD INFOVISTA, 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) ARISING OUT OF OR RESULTING FROM YOUR USE OF ANY INFOVISTA TRADEMARKS OR INFOVISTA LOGO IN VIOLATION OF THE INFOVISTA TRADEMARK AND LOGO USAGE REQUIREMENTS.

Infovista Trademarks (with related symbols) include, but are not limited to, the list of trademarks set forth below. The symbol adjacent to each trademark refers to the symbol of such trademark in the United States.

Infovista®, VistaBridge®, VistaCockpit®, VistaDiscovery®, VistaFoundation®, VistaInsight®, VistaLink®, VistaMart®, VistaPortal®, VistaView, Vista360®, 5Views, Mentum®, Mentum Ellipse®, Mentum Fusion®, Mentum Planet®, Planet®, XEDA®, XEUS®, VistaNeo®, Ipanema®, SALSA®, ip|engine®, tele|engine, nano|engine, virtual|engine, WAN Governance, TEMS®, TEMS DISCOVERY, VistaNEO®, and Application Quality Score® are registered trademarks or trademarks of Infovista SAS in the United States and/or other countries.

Trademark and logo usage requirements