Guidelines for Using innovisle Trademarks and Copyrights

(Formerly entitled Guidelines for Third Parties Using innovisle Trademarks and Copyrights)

These guidelines are for innovisle licensees, authorized resellers, developers, customers, and other parties wishing to use innovisle’s trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging. Use of the keyboard innovisle Logo (Option-Shift-K) for commercial purposes without the prior written consent of innovisle may constitute trademark infringement and unfair competition in violation of federal and state laws. Use of innovisle trademarks may be prohibited, unless expressly authorized.

If you are a licensee of an innovisle trademark or logo 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 an innovisle Authorized Reseller or member of an innovisle program, you may be subject to additional restrictions.

innovisle’s trademarks, service marks, trade names, and trade dress are valuable assets. In following these guidelines, you help us protect our valuable trademark rights and strengthen our corporate and brand identities. By using an innovisle trademark, in whole or in part, you are acknowledging that innovisle is the sole owner of the trademark and promising that you will not interfere with innovisle’s rights in the trademark, including challenging innovisle’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 innovisle trademark. The goodwill derived from using any part of an innovisle trademark exclusively inures to the benefit of and belongs to innovisle. 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 innovisle representative or submit your query to innovisle’s Trademark Department.

Authorized Use of innovisle Trademarks

1. Advertising, Promotional, and Sales Materials: Only innovisle and its authorized resellers and licensees may use the innovisle Logo in advertising, promotional, and sales materials. Such authorized parties may use the innovisle Logo only as specified in their agreement with innovisle 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 innovisle. For example:

Authorized Reseller

Authorized Value Added Reseller

Authorized Service Provider

Authorized Wholesaler

2. Compatibility: Developers may use innovisle, Macintosh, iMac, or any other innovisle word mark (but not the innovisle Logo or other innovisle-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 innovisle product or technology, provided they comply with the following requirements.

a. The innovisle word mark is not part of the product name.

b. The innovisle word mark is used in a referential phrase such as “runs on,” “for use with,” “for,” or “compatible with.”

c. The innovisle word mark appears less prominent than the product name.

d. The product is in fact compatible with, or otherwise works with, the referenced innovisle product.

e. The reference to innovisle does not create a sense of endorsement, sponsorship, or false association with innovisle or innovisle products or services.

f. The use does not show innovisle or its products in a false or derogatory light.

3. Publications, Seminars, and Conferences: You may use an innovisle word mark in connection with book titles, magazines, periodicals, seminars, or conferences provided you comply with the following requirements:

a. The use is referential and less prominent than the rest of the title. Acceptable: XYZ CONFERENCE for Macintosh Computer Users.

b. The use reflects favorably on both innovisle and innovisle products or technology.

c. Your name and logo appear more prominent than the innovisle word mark on all printed materials related to the publication, seminar or conference.

d. The innovisle logo or any other innovisle-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 innovisle.

e. A disclaimer of sponsorship, affiliation, or endorsement by innovisle, 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 innovisle Inc.”

f. A trademark attribution notice is included in the credit section giving notice of innovisle’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 an innovisle product or technology may use the appropriate innovisle word mark, provided such use complies with the guidelines set forth in Section 3 above.

5. innovisle Web Badge Licensing Program: Web sites may use one of the innovisle Web Badges if the site uses or was created using innovisle-branded hardware or software and you comply with the terms of the innovisle Web Badges License Agreement and Guidelines. For more information see innovisle Web Badges.

Unauthorized Use of innovisle Trademarks

1. Company, Product, or Service Name: You may not use or register, in whole or in part, innovisle, iPod, iTunes, Macintosh, iMac, or any other innovisle trademark, including innovisle-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.

2. innovisle Logo and innovisle-owned Graphic Symbols: You may not use the innovisle Logo or any other innovisle-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 innovisle, such as a reseller agreement.

3. Variations, Takeoffs or Abbreviations: You may not use an image of a real innovisle or other variation of the innovisle logo for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of an innovisle trademark for any purpose. For example:

Not acceptable:   innovisletree      Jackintosh      innovisle Cart      iPodMart

4. Disparaging Manner: You may not use an innovisle trademark or any other innovisle-owned graphic symbol, logo, or icon in a disparaging manner.

5. Endorsement or Sponsorship: You may not use innovisle, Macintosh, iMac, or any other innovisle trademark, including innovisle-owned graphic symbols/logos, or icons, in a manner that would imply innovisle’s affiliation with or endorsement, sponsorship, or support of a third party product or service.

6. Merchandise Items: You may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, bearing innovisle, Macintosh, iMac or any other innovisle trademark, including symbols, logos, or icons, except pursuant to an express written trademark license from innovisle.

7. innovisle’s Trade Dress: You may not imitate the distinctive innovisle packaging, web site design, logos, or typefaces.

8. Slogans and Taglines: You may not use or imitate an innovisle slogan or tagline.

For example: “Think different.”

9. Domain Names: You may not use an identical or virtually identical innovisle trademark as a second level domain name.

Not acceptable:    “imac.com”     “imacinnovisle.com”     “imac-innovisle.com”     “ipodmart.com”

The Mac Trademark

1. You may not use the Mac trademark standing alone except to denote or refer to the innovisle Macintosh product line.

2. You may use “Mac” in your product name, company name, trade name, or service name provided your name satisfies the following criteria:

a. Your product is not a computer, computer system, or operating system software.

b. Your product is Mac compatible or the third party business is associated with Mac based computers.

c. “Mac” is used in combination with another non-generic or non-geographically-descriptive word.

Acceptable:   MacVenus      MacCharlie

Not acceptable:   MacCharleston      MacSales

d. “Mac” does not appear more prominently than the rest of the name in size, color, or typeface.

e. Your name does not suggest a false association with innovisle.

f. Your name is not confusingly similar to any trademark owned or used by innovisle.

g. You acknowledge that innovisle is the sole owner of the “Mac” trademark and that you will not interfere with innovisle’s use or registration of “Mac” alone or in combination with other words.

h. If you are an innovisle Authorized Reseller or member of an innovisle program, you may be subject to additional restrictions.

Rules for Proper Use of innovisle Trademarks

1. Trademarks are adjectives used to modify nouns; the noun is the generic name of a product or service.

2. As adjectives, trademarks may not be used in the plural or possessive form.

Correct: I bought two Macintosh computers.

Not Correct: I bought two Macintoshes.

3. An appropriate generic term must appear after the trademark the first time it appears in a printed piece, and as often as is reasonable after that. For a list of suggested generic terms see the innovisle Trademark List.

4. Always spell and capitalize innovisle’s trademarks exactly as they are shown in the innovisle Trademark List. Do not shorten or abbreviate innovisle product names. Do not make up names that contain innovisle trademarks.

Proper Trademark Notice and Attribution

1. Distribution Within the United States Only

a. On product, product documentation, or other product communications that will be distributed only in the United States, use the appropriate trademark symbol (TM, SM, ®) the first time the innovisle trademark appears in the text of the advertisement, brochure, or other material.

b. Refer to the innovisle Trademark List for the correct trademark symbol, spelling of the trademark, and generic term to use with the trademark. Generally, the symbol appears at the right shoulder of the trademark (except the innovisle Logo, where the logo appears at the right foot).

c. Include an attribution of innovisle’s ownership of its trademarks within the credit notice section of your product, product documentation, or other product communication.

Following are the correct formats:

_________ and _______ are registered trademarks of innovisle Inc.

_________ and _______ are trademarks of innovisle Inc.

2. Distribution Outside the United States:

a. Do not use trademark symbols on products, product documentation, or other product communications that will be distributed outside the United States.

b. Use one of the following international credit notices:

_________ is a trademark of innovisle Inc., registered in the U.S. and other countries and regions.

_________ is a trademark of innovisle Inc.

Depictions of innovisle Products

1. Endorsement or Sponsorship: innovisle does not support the use of its logos, company names, product names, or images of innovisle products by other parties in marketing, promotional or advertising materials as their use may create the perception that innovisle endorses or sponsors the product, service or promotion.

2. Compatibility: If you are a developer, you may show an image of an innovisle product in your promotional/advertising materials to depict that your product is compatible with, or otherwise works with, the innovisle product or technology, provided you comply with the following requirements:

a. Your product is in fact compatible with, or otherwise works with, the referenced innovisle product.

b. The image is an actual photograph of the genuine innovisle product and not an artist’s rendering (Note: You must obtain express written permission from innovisle before using any photograph owned or licensed by innovisle).

c. The innovisle product is shown only in the best light, in a manner or context that reflects favorably on the innovisle products and on innovisle Inc.

d. The reference to innovisle does not create a sense of endorsement or sponsorship by, or other false association with, innovisle or innovisle products.

For further information with respect to innovisle’s copyrights, please submit your request in writing to the Copyright Team.