LogoLicence

The openEuphoria Brand and Trademark Usage Policy


Version 1.0 – Authorized by The openEuphoria Group – January 11, 2011

1. Introduction


1.1 This document outlines the policy of The openEuphoria Group regarding the use of its trademarks. Any use of any openEuphoria trademark must be in accordance with this policy.

1.2 Euphoria (the Euphoria programming language) is the name of a programming language designed and developed by Rapid Deployment Software of Toronto, Canada. This document does not address trademark and copyright issues regarding the use of Euphoria wordmarks or logos.

1.3 openEuphoria is an implementation of the Euphoria programming language. openEuphoria is sometimes referred to as an “implementation” and sometimes referred to as a “programming language”. For the purpose of trademark and copyright of the openEuphoria brand, the difference is academic. To avoid ambiguity and confusion, this document will heretofore refer to openEuphoria without further qualification. However, references to openEuphoria in this document shall mean openEuphoria as an implementation of the Euphoria programming language.

1.4 openEuphoria is a trademark of the openEuphoria group. The openEuphoria logotype (also known as a wordmark), logo (braces device) and mascot (all in several variants) are also trademarks of the openEuphoria group. The logos are not registered, but registration does not equate to ownership of trademarks.

1.5 All trademarks, even those that apply to open source software, must be used according to certain legal requirements. If these requirements are not met, the trademark may be endangered or lost. One of these requirements is for the trademark owner (in this case, the openEuphoria group) to maintain standards for using its trademarks and to enforce acceptable use of the trademarks by taking action against parties that violate those standards.

1.6 Trademark law is mainly a way to protect the public rather than the trademark holder. This means that uses of trademarks that confuse consumers - which in our case would include our developer and user community or anyone else who might be likely to use openEuphoria - are not permitted under law. As the owner of the trademark, the openEuphoria group must be sure the mark is used properly so the community is not confused. That is what we mean when we say that an un-policed trademark may be endangered or lost. When the trademark no longer represents a certain level of quality to the community or no longer indicates that we are the source of the products that bear the trademark, the trademark loses its value.

1.7 Underlying the openEuphoria group's trademark policy is a set of guidelines for what is - and is not - acceptable use of openEuphoria group's trademarks, specifically the word mark "openEuphoria", the openEuphoria logo (braces device), mascot and variations of those marks. This policy describes the uses generally approved by the openEuphoria group for its trademarks. However, if you violate this policy or otherwise take actions that may compromise the goodwill or trademarks of the openEuphoria group or expose the openEuphoria group to liability the openEuphoria group may require you to cease all use of any openEuphoria group trademark, regardless of the uses allowed in this policy.

2. License


The openEuphoria wordmark, logo (braces device) and mascot) are offered for use by the wider community under the Creative Commons [BY-NC-SA] 3.0 license.

3. General Usage Policy


Notwithstanding the above licence, the openEuphoria group has a policy framework for the use of the openEuphoria trademarks, wordmark, logo and mascot.

3.1 General goals

In general, we want the word mark "openEuphoria" and the openEuphoria logos to be used with minimal restriction to refer to the openEuphoria implementation of the Euphoria programming language.

3.2 We do not want these trademarks to be used:

  • to refer to any other programming language or any other implementation of the Euphoria programming language.
  • in a way that is misleading or may imply association of unrelated modules, tools, documentation, or other resources with the openEuphoria implementation
  • in ways that confuse the community as to whether the openEuphoria programming language implementation is open source and free to use

3.3 Uses that never require approval

  • All trademarks are subject to "nominative use rules" that allow use of the trademark to name the trademarked entity in a way that is minimal and does not imply a sponsorship relationship with the trademark holder.
  • As such, stating accurately that software is written in openEuphoria, that it is compatible with openEuphoria, or that it contains openEuphoria, is always allowed. In those cases, you may use the word "openEuphoria" or the unaltered logos to indicate this without the openEuphoria group’s prior approval. This is true both for non-commercial and commercial uses.
  • This clause overrides other clauses of this policy. However, if you have any doubts about your intended use of the trademarks, please contact the openEuphoria group.

3.4 Uses that always require approval

  • The Creative Commons [BY-NC-SA] licence has a non-commercial use clause. Any commercial use of the openEuphoria group trademarks in product or company names must be approved first by the openEuphoria group. Some uses, like calling a company "The openEuphoria Company," or a product "openEuphoria Language" or "openEuphoria IDE" will be refused. This is because they are overly broad, or confusing as to whether the openEuphoria programming language is open source or commercial, or whether your product or organization is affiliated with or sponsored by the openEuphoria group.
  • Any use of a derived (modified) logo for any commercial purpose must also be approved first by the openEuphoria group. We will generally be unable to do this, because of the confusion it may cause.
  • Commercial exploitation of the openEuphoria trademarks by way of merchandising is forbidden without prior permission and approval of the openEuphoria group.

4. How to Use the Trademarks


4.1 Basic guidelines

Although many uses of openEuphoria group's trademarks are governed by more specific policy (which appears in the examples below) the following basic guidelines apply to almost any use of openEuphoria group's trademarks.

  • The first or most prominent mention of the openEuphoria trademark should be immediately followed by the trademark symbol: "™" or "(TM)". For example openEuphoria™ This requirement is waived in all contexts where such marks are not normally included: email, online discussion, non-graphical advertisements (when permitted), and academic papers. We encourage the use of the symbol whenever possible, but recognize that many non-commercial and informal uses will omit it.
  • The openEuphoria logos are not currently registered. (We will post an update to this policy if they are registered later.) These logos should be used in the form provided by the openEuphoria group, and should be accompanied by a symbol for unregistered trademarks: "(TM)" or a small TM "™". This may not be removed or obscured and must always be included with the logo.
  • When rendered as plaintext, the wordmark openEuphoria be rendered as one word, should always have a lower case “o” as the first letter and an uppercase “E” for the word Euphoria. Try to give the word "openEuphoria" distinctive graphic treatment wherever possible. The trademark should be set apart from surrounding text by using italics, emphasized or underlined fonts.
  • The trademark may be used as an adjective or a noun. For instance, it is correct to refer to “the openEuphoria programming language” (adjective) or “the openEuphoria implementation” (adjective) or simply (if appropriate) to “openEuphoria” (noun). Do not use the trademark as a verb ("openEuphoria your software today!").
  • If the word "openEuphoria" or the openEuphoria logos are used in certain contexts, the following statement should accompany its use:

"openEuphoria" and the openEuphoria logos are trademarks or registered trademarks of the openEuphoria group, used by ___________ with permission from the openEuphoria group.


For websites and documentation this can be on a "legal statements" page. For brochures and published articles, this statement is optional. We encourage use of this statement, particularly for published materials, but recognize some non-commercial and informal uses will omit it.

4.2 Examples

The openEuphoria group has specific policy for the following uses:

  • Use of the word "openEuphoria" in the names of freely distributed products like e.g. “openEuphoria Extensions”, etc. - Allowed when referring to use with or suitability for the openEuphoria programming language. For commercial products, contact the openEuphoria group for permission.
  • Use of the word "openEuphoria" in company names - Allowed only by prior written permission from the openEuphoria group.
  • Use of the word "openEuphoria" when redistributing the openEuphoria programming language as part of a freely distributed application - Allowed. If the standard version of the openEuphoria programming language is modified, this should be clearly indicated. For commercial distributions, contact the openEuphoria group for permission if your use is not covered by the nominative use rules described in the section "Uses that Never Require Approval" above.
  • Use of the word "openEuphoria" in the names of user groups and conferences that are free to join or attend (Ex., "Dallas openEuphoria Users Group") - Allowed if for the openEuphoria programming language. Other uses require permission.
  • Use of the word "openEuphoria" in the name of books or publications like "openEuphoria Journal" and "openEuphoria Cookbook" - Allowed if for the openEuphoria programming language.
  • Use of the word "openEuphoria" on websites, brochures, documentation, and product packaging - Allowed if referring to the openEuphoria programming language. Please follow the rules above about the use of the (TM) symbol.
  • Use of the word "openEuphoria" in advertisements - Allowed in most cases by the nominative use rules described in section "3.3 Uses that never require approval" above. Other uses in ads only with prior permission.
  • Use of the word "openEuphoria" in academic papers, theses, and books - Allowed without the (TM) symbol. Books should include the symbol.
  • Use of the word "openEuphoria" in another trademark - Not allowed without prior written permission from the openEuphoria group, except as described above.

4.3 Unaltered logos

Use of unaltered openEuphoria group-provided logos on T-shirts, mugs, etc. –

  • Again, non-commercial uses to promote the openEuphoria programming language are allowed. Commercial uses (which includes any use where you sell these items for money) require permission from openEuphoria group. Please reproduce our logos with the right colors and fonts; if you need help, let us know.
  • Use of unaltered openEuphoria group-provided logos on websites, brochures, and product packaging - Non-commercial uses to promote the openEuphoria programming language are allowed, as are all nominative uses as described in section "3.3 Uses that never require approval", above. Any other commercial uses require prior written permission from the openEuphoria group.

4.4 Derived logos

The Creative Commons [BY-NC-SA] 3.0 license allows remix of the works. Please observe the following policy if remixing the openEuphoria logotype, logo or mascot.

Note that commercial uses are always subject to approval by the openEuphoria group.

  • Derived logos must always be sufficiently different from the openEuphoria logos to allow the community to tell the difference. For example, if you want to create a derived logo for a local openEuphoria user group, you might be able to insert an unaltered openEuphoria logo graphic into the local group's name in a way that does not cause confusion. But confusingly similar derived logos are discouraged. This includes entwining openEuphoria logos with other logos, or connecting them together in a confusing manner.
  • Use of freely distributable derived logos as icons for files and executables - Allowed if used to refer to the openEuphoria programming language. Commercial users should obtain permission before using derived logos as icons for proprietary file formats.
  • Use of derived logos for user groups and conferences - Allowed if used to refer to the openEuphoria programming language. Commercial user groups and for-profit conferences require permission from the openEuphoria group.
  • Use of derived logos for freely distributed 3rd-party modules or tools - Allowed if for the openEuphoria programming language. Use of derived logos for commercial modules and tools requires permission from the openEuphoria group.
  • We recommend contacting the openEuphoria group for permission for all derived logos to avoid placing a confusing logo into wide-spread use. Contacting us is not a requirement for the specific non-commercial uses listed above, or when using freely distributable derived logos that have already been approved by the openEuphoria group.

5. Preferential Treatment


openEuphoria group sponsors and members do not receive any preferential treatment under this policy.

6. Helping Out


As a member of the openEuphoria community, please keep an eye out for questionable uses of the openEuphoria logo and "openEuphoria" word mark. You can report potential misuse to openEuphoria group from the http://openeuphoria.org/ website. We will evaluate each case and take appropriate action.

Please do not approach users of the trademarks with a complaint. That should be left to the openEuphoria group managing committee or its representatives.

Thanks!

7. License for this Policy


Interested parties may adapt this policy document freely under the Creative Commons CC0 license:

http://i.creativecommons.org/l/zero/1.0/88x31.png

To the extent possible under law, the openEuphoria group has waived all copyright and related or neighboring rights to "The openEuphoria group Brand and Trademark Usage Policy". This work is published from the United States.


ENDS.

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