These Maventa Trademark Guidelines (the ”Trademark Guidelines”) form an integral part of the Maventa Agreement (the ”Agreement”) between Maventa (hereinafter ”Us” or ”We”) and You, in case these Trademark Guidelines have been referenced in the Agreement. These Trademark Guidelines further define Your limited permission to use the Maventa Marks (“Marks”) (as defined in Section 2 below), for the purposes and on the terms set forth in the Agreement, until such time as We elect to terminate such permission, which We may do at any time at Our sole discretion, as set forth in Section 4 below. The Marks are some of Our most valuable assets and these Trademark Guidelines are intended to preserve the value attached to the Marks. If You do not have an Agreement in force with Maventa where You have been granted the right to use the Marks, You may not use any of the Marks.
For the purposes of these Trademark Guidelines, Marks shall mean the following trademarks, service marks, trade names, logos, product names, service names or legends:
the ”Powered by MaventaTM” logo in the two (2) forms shown below (the ”Logo”):
Powered by MaventaTM (color/bw) and Powered by MaventaTM Web Services (color/bw); and
the ”MaventaTM” trademark; and
the ”Maventa Web ServicesTM” trademark.
3. Limited Right
Provided that You are a Maventa Partner in good standing with a current and valid Partner user account and provided, further, that You comply at all times with the terms of both the Agreement and these Trademark Guidelines, We grant You a limited, non-exclusive, non-transferable and revocable right, under Our intellectual property rights in and to the Marks, and only to the limited extent of our intellectual property rights in and to the Marks, to use the Marks for the following limited purpose, and only for such limited purpose: You may utilize the Logo or the appropriate form(s) of the ”for” or equivalent naming convention or URL naming convention, as set forth in Section 9 below, to: (1) identify Your Application (as defined in the Agreement) as an Application that is interfaced with any of the Services (as defined in the Agreement); or (2) to identify software tools or applications that You create and distribute that are intended for use in connection with Your Application interfaced with any of the Services.
In case You are not a Maventa Partner, You may use the Marks in accordance with the terms of Your Agreement, as further specified in these Trademark Guidelines.
Without limitation of any provision in the Agreement, You acknowledge that any use that You elect to make of the Marks, even if permitted hereunder, is at Your sole risk and that we shall have no liability or responsibility in connection of Your use. Your limited right to use the Marks is a limited permission and You may not use the Marks for any other purpose. You may not transfer, assign or sublicense your limited right to use the Marks to any other person or entity. Your use of the Marks shall comply with: (1) the most up-to-date versions of the Agreement and these Trademark Guidelines; and (2) any other terms, conditions or policies that We may issue from time to time to govern use of the Marks. Your limited permission to use the Marks hereunder shall automatically terminate and You must immediately stop using the Marks if at any time at the earliest of the following: (1) the Agreement is terminated; (2) your Application (if You are a Maventa Partner) no longer is interfaced with any Service, or Your software product cannot be used with Your Application interfaced with any Service, as applicable; or (3) you cease to be a registered Maventa Member.
4. Modification and Termination
You understand and agree that, without prior notice to You and at our sole discretion: (1) we may modify these Trademark Guidelines at any time; (2) we may modify or terminate Your limited right to use the Marks, at any time in our sole discretion, for any reason or for no reason at all; and (3) we reserve the right to take any and all actions including, without limitation, legal proceedings, against any use of the Marks that does not comply with the terms of the Agreement and these Trademark Guidelines.
5. No Affiliation or Endorsement
You agree not to misrepresent the relationship between Us and You, for example by implying that We support, sponsor, endorse, or contribute money to You or Your business endeavors unless separately expressly agreed in writing between You and Us. You will not, for example display the Marks in any manner that implies that content of Your Application, web site, or product or service, has been authored or edited by Us, or represents Our views or opinions.
6. No Disparagement
You may only use the Marks in a manner designed to maintain the highest standard, quality and reputation that is associated with the Marks and You may not use the Marks to disparage Us or Our products or services.
7. No Dominant Display; Mark Differentiation.
You may not display any Mark as the largest or most prominent trademark in any materials (including, without limitation, any web site or product literature). When using any Mark (other than the Logo, with respect to which the formatting requirements are set forth in Section 8 below, or in a URL), You must distinguish the Mark from the name of Your Application (if You are a Maventa Partner) and/or other surrounding text by capitalizing the first letter of the Mark, capitalizing or italicizing the entire Mark, placing the Mark in quotes, or using a different style or color of font for the Mark.
8. Formatting Requirements with Respect to the ”Powered by Maventa” Logo.
a. No Modification. We will make the Logo image available to You from the co-marketing page in the Developer Connection website located at http://developer.maventa.com. You may not remove, distort or modify any element of the Logo; provided however, You may transform the file format itself, for ease of use.
b. Color. The Logo may be represented in either of the following formats: (1) greyscale; or (2) predetermined colors. No alternate color representation or combination will be acceptable.
c. Spacing. The Logo must appear by itself, with reasonable spacing (at least the height of the ”Powered by Maventa” logo) between each side of the ”Powered by Maventa” logo and other graphic or textual elements.
d. Size. The Logo, as shown in Section 2 of these Trademark Guidelines, indicates the minimum size at which You may display it to ensure that the type and trademark notations are legible. The minimum size for the ”Powered by Maventa” logo shall be: Pixels: 127 x 52, or Millimeters: 33.5 x 13.7.
e. Alt/Title Attribute. The Alternative Text (alt/title attribute of the image tag) should either be set to the following text or be left blank: ”Powered by Maventa”.
9. Permissible Uses of the Marks by Maventa Partners
Except for the Logo (with respect to which the formatting requirements are set forth above), You may only use the Marks: (1) in a relational phrase using ”for” or one of the limited number of equivalent naming conventions, as set forth below; or (2) to the right of the top level domain name in a URL in the format set forth below.
Example of Permissible Use:
”Application” for Maventa Web Services(TM)
You may replace ”for” in the example above with any of the following, so long as the term You use is accurate when used with the Marks You use: ”for use with”; ”with”; ”compatible with”; ”works with”; ”powered by”; ”built on”; ”built with”; ”developed on”; ”developed with.”
You may replace ”Maventa Web Services” in the examples above with any of the Marks, so long as Your usage of the Marks is accurate.
Example of Permissible Use:
Equivalents: You may replace ”” in the example above with any of the Marks, so long as Your usage of the Marks is accurate.
You shall link each use of the Marks directly to the following URL, wherever technically feasible: http://maventa.fi. You may not frame or mirror any of our web site pages.
11. No Combination
You may not hyphenate, combine or abbreviate the Marks. You shall not incorporate the Marks into the name of Your organization, or Your services, products, trademark or logos. The foregoing prohibition includes the use of the Marks or confusingly similar word in the name of any application, service or product or in a URL to the left of the top-level domain name (e.g., ”.com”, ”.net”, ”.uk”, etc.). For example, URLs such as ”maventa.mydomain.com”, ”mymaventa.net” or ”mav.enta.com” are expressly prohibited.
You must include the following statement in any materials that include the Marks ”MaventaTM, Maventa Web ServicesTM, and the ”Powered by MaventaTM” logo, are trademarks of Visma Solutions or its affiliates in Finland and other countries.” In addition, the Marks must be designated with the ”tm” notice as indicated in Section 2 of these Trademark Guidelines.
13. No Misleading Use
You may not display the Marks in any manner that is misleading, unfair, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable as determined by Us in Our sole discretion.
14. Trade Dress
You may not imitate the trade dress or ”look and feel” of any of our web sites or pages contained in any of our web sites, including without limitation, the branding, color combinations, fonts, graphic designs, product icons or other elements associated with Us.
15. Compliance with Law; Appropriate Activities
You may not use the Marks in any manner that violates any Finnish or foreign, federal, state, provincial, municipal, local or other, law or regulation. Without limiting the foregoing, or any provision in the Agreement, You may not display any Mark on Your site if Your site contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age.
16. Reservation of Rights
Except for the limited rights specified in Agreement and Section 3 above, nothing in the Agreement or these Trademark Guidelines shall grant or be deemed to grant You any right, license, title or interest in or to any Mark or any of Our or Our affiliates’ other trademarks, service marks, trade names, logos, product names, service names, legends, other designations, or abbreviations of any of the foregoing. You acknowledge and agree that We and Our affiliates retain any and all intellectual property and other proprietary rights in and to the Marks. All use by You of the Marks including any goodwill associated therewith, shall inure to the benefit of Us.
17. No Challenges
You agree that You will not, at any time, challenge or encourage, assist or otherwise induce third parties to challenge the Marks (except to the extent such restriction is prohibited by law) or our registration thereof, nor shall you attempt to register any trademarks, service marks, trade names, logos, product names, service names, legends, domain names, other designations, or abbreviations of any of the foregoing, or other distinctive brand features that are confusingly similar in any way (including, but not limited to, sound, appearance and spelling) to the Marks.
18. Contact Information
If You have questions regarding Your obligations under these Trademark Guidelines or questions about any Mark, please contact or write to us at: Visma Solutions, Attention: Trademarks, PO Box 934, FI-00101, Helsinki, Finland or send email to [email protected]