Guidelines for Using HyperGrid Trademarks and Copyrights

Guidelines for Using HyperGrid Trademarks and Copyrights

Copyright © 2009-2017 HyperGrid, Inc. All rights reserved.

All documents and information on any HyperGrid website are protected by copyright. Except as specifically permitted herein, no portion of the documents or information on this website may be reproduced in any form or by any means without the express written consent of HyperGrid.

HyperGrid reserves all rights to its trademarks, service marks and logos, which will be collectively referred to as “HyperGrid Marks”.

The HyperGrid Marks are highly valued intellectual property, and therefore HyperGrid will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to HyperGrid Marks or which are likely to cause confusion with HyperGrid Marks.

No employee or other representative of HyperGrid is authorized to grant permission to use HyperGrid Marks or to provide guidance in their use, unless licensed within a formal written agreement. Thus, any promise or other representation with respect to HyperGrid Marks by a HyperGrid employee in the absence of a formal written agreement cannot be relied upon.

If a formal written agreement licenses one or more of the HyperGrid Marks, unless the agreement provides other authorization, the use will be in accordance with the guidelines posted below.

HyperGrid does not object to the use of the HyperGrid Marks (other than logos) to refer specifically to the products of HyperGrid. However, a purely referential use or nominative fair use of the HyperGrid Marks must be in plain text. Qualified legal counsel should be consulted in order to distinguish a referential use from an infringing use.

In the United Status, registered HyperGrid Marks should be designated by the symbol “®”, while unregistered HyperGrid Marks should be identified by a “™” designation. The HyperGrid Marks must be used as adjectives, rather than as nouns or verbs.

These guidelines are for HyperGrid licensees, authorized resellers, customers, and other parties wishing to use the HyperGrid Marks in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging. Use of the HyperGrid Marks for commercial purposes without the prior written consent of HyperGrid may constitute trademark infringement and unfair competition in violation of federal and state laws. Use of the HyperGrid Marks may be prohibited, unless expressly authorized.

If you are a licensee of any or all of the HyperGrid Marks and have been provided with special trademark usage guidelines with your license agreement, please follow those guidelines. If your license agreement does not provide usage guidelines, then follow these guidelines. If you are a HyperGrid Authorized Reseller or member of a HyperGrid program, you may be subject to additional restrictions.

In following these guidelines, you help us protect our valuable trademark rights and strengthen our corporate and brand identities. By using theHyperGrid Marks, in whole or in part, you are acknowledging that HyperGrid is the sole owner of the trademark and promising that you will not interfere with HyperGrid’s rights in the trademark, including challenging HyperGrid’s use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any of the HyperGrid Marks. The goodwill derived from using any part of the HyperGrid Marks exclusively inures to the benefit of and belongs to HyperGrid.

Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise. If you have any questions regarding these guidelines, please talk to your HyperGrid representative or submit your query to [email protected].

Authorized Use of the HyperGrid Marks

  1. Advertising, Promotional, and Sales Materials: Only HyperGrid and its authorized resellers and licensees may use the HyperGrid Marks in advertising, promotional, and sales materials. Such authorized parties may use the HyperGrid Marks only as specified in their agreement with HyperGrid and any associated Guidelines and such use must always be in conjunction with the appropriate terms that define the relationship authorized by their contract with HyperGrid. For example:
    • Authorized Reseller
    • Authorized Value Added Reseller
    • Authorized Service Provider
    • Authorized Distributor
  2. Compatibility: Developers may use HyperGrid, the Grid, vPool, vStore, vLUN, vController, Server-side Virtual Controller Technology, Storage Node, TrueQoS, or any other HyperGrid word mark (but not the HyperGrid Logo or other HyperGrid-owned graphic symbol/logo) in a referential phrase on packaging or promotional/advertising materials to describe that the third party product is compatible with the referenced HyperGrid product or technology, provided they comply with the following requirements.
    1. The HyperGrid word mark is not part of the product name.
    2. The HyperGrid word mark is used in a referential phrase such as “runs on,” “for use with,” “for,” or “compatible with.”
    3. The HyperGrid word mark appears less prominent than the product name.
    4. The product is in fact compatible with, or otherwise works with, the referenced HyperGrid product.
    5. The reference to HyperGrid does not create a sense of endorsement, sponsorship, or false association with HyperGrid or HyperGrid products or services.
    6. The use does not show HyperGrid or its products in a false or derogatory light.
  3. Publications, Seminars, and Conferences: You may use a HyperGrid word mark in connection with book titles, magazines, periodicals, seminars, or conferences provided you comply with the following requirements:
    1. The use is referential and less prominent than the rest of the title. Acceptable: XYZ CONFERENCE for HyperGrid Users or ABC CONFERENCE for Grid Users.
    2. The use reflects favorably on both HyperGrid and HyperGrid products or technology.
    3. Your name and logo appear more prominent than the HyperGrid word mark on all printed materials related to the publication, seminar or conference.
    4. The HyperGrid logo or any other HyperGrid-owned graphic symbol, logo, icon or image does not appear on or in the publication or on any materials related to the publication, seminar, or conference without express written permission from HyperGrid.
    5. A disclaimer of sponsorship, affiliation, or endorsement by HyperGrid, similar to the following, is included on the publication and on all related printed materials: “(Title) is an independent (publication) and has not been authorized, sponsored, or otherwise approved by HyperGrid Inc.”
    6. A trademark attribution notice is included in the credit section giving notice of HyperGrid’s ownership of its trademark(s). Please refer to the section below titled “Proper Trademark Notice and Attribution.”
  4. Web Sites: Web sites that serve only as noncommercial electronic informational forums concerning a HyperGrid product or technology may use the appropriate HyperGrid word mark, provided such use complies with the guidelines set forth in Section 3 above.

Unauthorized Use of HyperGrid Trademarks

  1. Company, Product, or Service Name: You may not use or register, in whole or in part, HyperGrid or any other HyperGrid Marks, including HyperGrid-owned graphic symbols, logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or service name except as specifically noted in these guidelines.
    1. HyperGrid Logo and HyperGrid-owned Graphic Symbols: You may not use the HyperGrid Logo or any other HyperGrid-owned graphic symbol, logo, or icon on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written trademark license from HyperGrid, such as a reseller agreement.
    2. Variations, Takeoffs, or Abbreviations: You may not use an image of a real HyperGrid or other variation of the HyperGrid logo for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of HyperGrid Marks for any purpose. For example:
      • Not acceptable: Gridstor Grid
    3. Disparaging Manner: You may not use HyperGrid Marks in a disparaging manner.
    4. Endorsement or Sponsorship: You may not use HyperGrid Marks in a manner that would imply HyperGrid’s affiliation with or endorsement, sponsorship, or support of a third party product or service.
    5. Merchandise Items: You may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, bearing HyperGrid Marks except pursuant to an express written trademark license from HyperGrid.
    6. HyperGrid’s Trade Dress: You may not imitate the distinctive HyperGrid packaging, web site design, logos, or typefaces.
    7. Slogans and Taglines: You may not use or imitate a HyperGrid slogan or tagline.
      For example: “Optimized Storage for the Modern Data Center”
    8. Domain Names: You may not use identical or virtually identical HyperGrid Marks as a second level domain name.
      • Not acceptable: “” “”