Trademark Guidelines

SUMMARY

These Trademark Guidelines (“Guidelines”) apply to partners, licensees, developers, customers, and authorized resellers who wish to use the trademarks or service marks (“XOAP”) of RIS AG, and its subsidiaries and affiliates (collectively, “XOAP”). The Guidelines also apply to RIS employees and contractors acting outside the scope of their employment. Any unauthorized or improper use of the XOAP Marks may constitute infringement and unfair competition in violation of federal, state, and international laws.

Partners, authorized resellers, licensees, and certified parties may be granted additional permissions or be subject to additional restrictions. If you are a XOAP licensee, Partner, or a “XOAP Certified” entity, please consult your agreement for specific requirements applicable to your use of the XOAP Marks. In the event of any inconsistency or conflict between the terms of the applicable agreement and the provisions of these Guidelines, the terms of the applicable agreement shall prevail and govern.

RIS reserves the right to oppose any use of the XOAP Marks that RIS, in its sole discretion, deems unlawful or improper, even if such use is not expressly prohibited hereunder. These Guidelines may be updated from time to time and without notice. It is your responsibility to comply with the most current version of the Guidelines.

Please direct any questions regarding these Guidelines to your XOAP or RIS representative or info@xoap.io.

GENERAL TRADEMARK USAGE GUIDELINES

In return for permission to use the XOAP Marks, you agree to follow the requirements set forth in these Guidelines and any other applicable guidelines and policies set by RIS. You also acknowledge that RIS is the sole owner of the XOAP Marks and agree not to interfere with RIS rights in and to the XOAP Marks, including challenging RIS use, registration of, or application to register the XOAP Marks, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute the XOAP Marks. The goodwill derived from using the XOAP Marks belongs exclusively to RIS.

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.

Prohibited Uses of XOAP Trademarks

Unless otherwise provided in these Guidelines or in a separate agreement with RIS, use of RIS and XOAP logos, company names, trademarks, service marks, product names, or images of RIS products by third parties in marketing, promotional, or advertising materials is prohibited. These Guidelines apply to use of marks that are the phonetic or foreign language equivalent, including translations and transliterations, of the XOAP Marks.

Company or Trade Names

You may not use or register the XOAP Marks as a company name or trade name or as part of such a name.

Third Party Product Names

You may not use the XOAP Marks as part of your product or service name without an express written agreement from RIS authorizing such use. If you are a licensee, consult your license agreement to determine whether and under what circumstances you may use the XOAP Marks in this manner. If you have questions, contact info@xoap.io.

Domain Names, Meta Tags, and Hidden Text

You may not incorporate XOAP trademarks in any domain name or in any meta tag or other hidden text in a web page. Any violation of this policy may result in immediate termination of any license, partnership, certification, reseller, or employment agreement, and/or in legal action.

Examples of prohibited uses: “my.xoap.io”, “xoap.io”, “billing.xoap.io”

Social Media

You may not use the XOAP Marks in connection with social media account names, profiles, monikers, avatars, or handles.

AdWords

You may not register the XOAP Marks as Google AdWords or similar online advertising tools.

Publication Titles

You may not use the XOAP Marks in the title of online or printed magazines, periodicals, book series, and other serial publications without a license. See below for guidance on single-issue publications.

Merchandise and Promotional Items

You may not use the XOAP Marks on any merchandise or promotional items (e.g., t-shirts, mugs, pens) regardless of whether such items are sold or given away, or provided only to a limited or internal group of people (e.g., employees or customers) without a license.

Trade Dress

You may not use or imitate RIS trade dress, including the look and feel of XOAP web properties, user interfaces, marketing materials, product packaging, font, color scheme, and any other imagery associated with XOAP.

False or Derogatory Use

You may not use the XOAP Marks in a manner that depicts RIS or its products or services in a false or derogatory manner.

Permissible Uses of XOAP Trademarks

Before using XOAP Trademarks, see Trademark Symbols, Trademark Notice and Attribution Statement, and Trademark List below.

RIS licenses the XOAP Marks for use with only the goods and services that meet XOAP quality standards. RIS reserves the right to object to or prohibit at any time the use of the XOAP Marks in connection with goods or services that, in RIS’ sole opinion, fail to meet RIS standards of quality.

Notwithstanding the foregoing, you may use the XOAP Marks in the following manners only.

XOAP Logos

Unless expressly authorized by RIS, any use of XOAP logos (including module logos) is prohibited.

If you have received authorization from RIS to use a XOAP logo (i.e., pursuant to a license or a valid Certification or Partnership Agreement), you must adhere to the terms of your license or agreement and any partnership or program guidelines, as well as the following requirements:

1. All XOAP logos must be reproduced from materials supplied by RIS and XOAP.
2. XOAP logos should never be altered.
3. Each representation of the XOAP logo should be consistent, undistorted, and clear.

If you have any questions, contact info@xoap.io

Compatibility with Third Party Products

XOAP word marks (but not logos, including stylized word marks or other graphic depictions of the XOAP Marks) may be used in an informational context to inform consumers that a third-party product is compatible with the referenced XOAP product, provided that such use complies with these Guidelines and the following requirements:

1. The XOAP Mark is not part of the third-party product name.
2. The XOAP Mark appears less prominently than the third-party product name.
3. The XOAP Mark is used only in a referential context.
4. The third-party product is compatible with the specific XOAP product or service referenced.
5. The use does not falsely imply a sponsorship, certification or endorsement by, or a partnership or affiliation with, XOAP.

Examples:

Correct: “ABC™ services for XOAP® solutions”
Incorrect: “ABC™ powered by XOAP®”

Educational and Informational Purposes

XOAP word marks (but not logos, including stylized word marks or other graphic depictions of the XOAP Marks) may be used in an informational context to describe the subject matter of an educational or informational program, such as training presentations and “how-to” videos, provided that such use complies with these Guidelines and the following requirements:

1. The XOAP Mark appears less prominently than the rest of the program title and is used only in a referential context.

   Correct: “ABC EDUCATION SERVICES Presents: An Introduction to XOAP® Image Management”
   Incorrect: “XOAP Image Management 101”
   Incorrect: “XOAP Image Management® 101”

2. The subject matter must relate to the specific XOAP product or service referenced.
3. The use does not falsely imply a sponsorship, certification or endorsement by, or a partnership or affiliation with, XOAP.

   Incorrect: “ABC EDUCATION SERVICES and XOAP®: An Introduction to XOAP Image Management”

   *Note for XOAP Partners entities and individuals: refer to your applicable agreement and guidelines for more specific guidance.

4. Any printed or online materials relating to the program must include proper trademark symbols, a trademark notice statement (see Attribution and Notice below) and a disclaimer statement similar to the following example:

   “The statements made and opinions expressed herein belong exclusively to ABC EDUCATION SERVICES and are not shared by or represent the viewpoint of XOAP and RIS AG (“XOAP”). This presentation does not constitute an endorsement of any product, service, or point of view. XOAP makes no representations, warranties, or assurances of any kind, express or implied, as to the completeness, accuracy, reliability, suitability, availability, or currency of the content contained in this presentation or any material related to this presentation. In no event shall XOAP, its agents, officers, employees, licensees, or affiliates be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business information, loss of information) arising out of the information or statements contained in the presentation. Any reliance you place on such content is strictly at your own risk.”

If the program is presented only in audio format, whether live or recorded, without any visual aids or physical or online materials, the notice and disclaimer statements must be read out loud at the beginning of the presentation.

Noncommercial Websites

XOAP word marks (but not logos, including stylized word marks or other graphic depictions of the XOAP Marks) may be used on websites that operate solely for a noncommercial, informational purpose concerning a XOAP product or technology provided that such use complies with these Guidelines.

Publication Titles

XOAP word marks (but not logos, including stylized word marks or other graphic depictions of the XOAP Marks) may be used in the title of single-issue publications, provided that such use complies with these Guidelines and the following requirements:

1. Your name, logo and/or trademark must appear more prominently than the XOAP Mark.
2. Include on the publication and all related materials a trademark notice statement (see Attribution and Notice below) and a disclaimer statement similar to the following example:

   “The statements made and opinions expressed herein belong exclusively to the author(s) and reviewer(s) of this publication, and are not shared by or represent the viewpoint of XOAP and RIS AG. This publication does not constitute an endorsement of any product, service, or point of view. XOAP makes no representations, warranties, or assurances of any kind, express or implied, as to the completeness, accuracy, reliability, suitability, availability, or currency of the content contained in this publication or any material related to this publication. In no event shall XOAP, its agents, officers, employees, licensees or affiliates be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business information, loss of information) arising out of the information or statements contained in the publication. Any reliance you place on such content is strictly at your own risk.”

3. Use of the XOAP Marks must not suggest an endorsement, certification or sponsorship by, or partnership or affiliation with XOAP.

See Educational and Informational Purposes above for examples.

Trademark Symbols

The XOAP Marks must be designated by the appropriate trademark symbols.

A trademark symbol must be used to indicate XOAP’s claimed trademarks and logos. The symbol ® must be used to indicate registered trademarks and the symbol ™ must be used to indicate the XOAP’s claimed, non-registered trademarks.

Whenever you reference a product name, please check the Trademark List in the XOAP Trademark Guidelines (see below) to ensure that the appropriate symbol is correctly applied in the appropriate location.

For text documents, the ® or ™ symbol is needed only the first time a trademark is referenced in a publication (e.g., newsletters, manuals, license agreements, press releases, etc.). Each web page should be considered an individual document, so the notice should be used on the first reference of each individual web page.

Regardless of which symbol is used, the trademark symbol should be placed immediately after the mark in superscript.  If the document cannot be typeset in superscript, the symbol may be set in normal type and enclosed in parentheses.

Example:     
XOAP® or XOAP(R)
RIS AG® or RIS AG(R)
XOAP Image Management™ or XOAP Image Managemen(TM)
XOAP config.XO™ or XOAP config.XO(TM)

When, where and how often to use trademark symbols depends on the geographical distribution of the underlying materials.

• Distribution in the United States, United Kingdom, Australia, European Union, Switzerland and Germany
  In addition to providing a proper trademark notice and attribution statement (see below), you must include the appropriate trademark symbol according to the following minimum requirements:
• Prominent Uses: A trademark symbol is required on all prominent uses of the XOAP Marks, such as on packaging, brochures, labels, titles and headlines, headings, sub-headings, advertisements, and marketing materials.
• First Use in Text: A trademark symbol is required upon the first use of a XOAP Mark in text or body copy, even if the mark has appeared with a trademark symbol in the same material (e.g., in the headline or another prominent use).
• Subsequent Uses: A trademark symbol is not required for any subsequent use of the XOAP Mark in the same text, unless use of the symbol would avoid ambiguity.
• Logos: If you are expressly permitted to use a XOAP logo, an attribution symbol is required with every use of a XOAP logo unless you have received express written instruction otherwise.
• Distribution outside the United States, United Kingdom, Australia, European Union, Switzerland and Germany
  Do not use trademark symbols on materials distributed solely outside the listed territories, but include an appropriate trademark notice and attribution statement.

Trademark Notice and Attribution Statement

Any material displaying a XOAP Mark must also include the following Notice and Attribution Statement:

‘XOAP, the XOAP logo, and other marks appearing herein are trademarks of XOAP (RIS AG), and/or one or more of its subsidiaries, and may be registered in the United States Patent and Trademark Office and in other countries.”

TRADEMARK LIST

The use of any XOAP logo or design trademark requires the Company’s express prior written consent.

RIS AG

ris.ag™
RIS AG®

XOAP
xoap.io™
XOAP®
XOAP Application Management™
XOAP application.XO™
XOAP config.XO™
XOAP Configuration Management™
XOAP Image Management™
XOAP image.XO™
XOAP Package Wizard™
XOAP Platform Management™
XOAP platform.XO™
XOAP Scripted Actions™