Actian counts among its most valuable assets its marks and logos (the “Marks”) and the goodwill represented by these. Protection of the Actian Marks is a priority for Actian. These Actian Trademark Guidelines (the “Trademark Guidelines”) apply to the authorized use of the Actian Marks, whether registered or unregistered (the “Actian Marks”). Unless otherwise agreed in writing, before you may use Actian Marks, you must obtain Actian’s prior written approval. These Trademark Guidelines are designed to ensure proper legal use of the Actian Marks and to prevent customer confusion that can result from improper or illegal usage.
I. The Actian Marks and Required Notices
Registered Marks. The following are among the federally registered trademarks owned by Actian Corporation and its subsidiaries (“Actian”). Use of the ® symbol must accompany these marks or, alternatively, Actian should be properly identified as the owner of these federally registered marks in a footnote that substantially reads, for example, “[Mark] is a registered trademark owned by Actian Corporation.”
ACTIAN ANALYTICS PLATFORM
PERVASIVE DATACLOUD (see * below for special notice information for this mark)
* Pervasive DataCloud is a registered U.S. trademark owned by Pervasive Software Inc., a subsidiary of Actian Corporation.
Pending and Common Law Marks. The following are among the marks for which Actian owns pending federal applications or common law rights. Use of the TM or SM symbol must accompany these Marks or, alternatively, Actian should be properly identified as the owner of these Marks in a footnote that substantially reads, for example, “[Mark] is a mark owned by Actian Corporation.”
ACCELERATING BIG DATA 2.0
ACTIAN ANALYTICS DATABASE – VECTOR
ACTIAN ANALYTICS DATABASE – MATRIX
BIG DATA FOR THE REST OF US
II. Referencing the Actian Marks in Text
- Typeface may be bolded where appropriate.
- When used in headline, body copy or other text, the “A” in Actian should always be capitalized: “Actian”.
- You must spell Actian Marks correctly and not abbreviate them, or combine or hyphenate the respective words in the Actian Marks. Do not split the marks onto separate lines of copy.
- Use capitalization consistently.
- Use a standard appearance for the Actian Marks.
- Use a proper trademark notice at least once, the first time each Actian Mark appears (i.e. TM, SM, or ® as appropriate). If the trademark notice appears with the first or most prominent use of the Mark in an advertisement or publication, it is not necessary that the notice be repeated each time the Mark is used thereafter. Different or additional notices may be required for Marks which are intended for use primarily outside the United States and Licensee will contact Actian at the e-mail address provided below to receive the proper notices required for use outside the United States.
- Use Actian Marks only as brand names with reference to Actian goods and services.
- Use the Actian Marks only as adjectives modifying the generic term for the product or service and never use the Actian Marks as nouns or as verbs.
- Correct example: “We use the Actian software platform featuring Actian DataCloud integration technology.”
- Incorrect examples: “We use Actian featuring the Actian Analytics Platform.”
- Correct example: “We utilize the Actian Apps platform to create these useful software programs.”
- Incorrect examples: “We created a number of Action Apps on Actian.”
- Never use an Actian Mark as a possessive.
- Correct example: “We have come to rely on the data analytics features of the Actian Analytics Platform technology.”
- Incorrect example: “The Actian Analytics Platform’s performance is great.”
III. Using the Logos
- You may not use the Actian logos, artwork, designs or any combination of these, or any Mark including these (together, the “Logos”), for any purpose without express written consent of Actian.
- With permission, you may use the Logos on a web site only to direct your visitors to the Actian homepage. The target URL may only be www.actian.com (or such other actian.com URL for a specific usage that may be approved by Actian in writing).
- You agree not to modify, adapt, reverse out, rotate, disassemble, or otherwise attempt to redefine the proportion or appearance of the Logos, font, or the Actian corporate identity.
- Actian may provide the appropriate graphics to authorized users by e-mail or by making them available for download. In all cases, the artwork file shall be used exactly as received from Actian and never modified. In no case shall the recipient attempt to recreate any Logo or stylized versions of the Actian Marks from type and art.
- You agree to maintain the original file name of the downloaded graphic(s) at all times and in all uses.
- You agree to maintain original downloaded graphic file quality and you may not compress the graphic file in any way that would distort the image.
- You may not alter the colors of any Actian Marks. The Actian Marks may be presented either in black and white or in the color combination provided by Actian.
- When you use any Actian Mark other than in informational text, it must be surrounded by clear space. This space should be free of any type or graphic of any kind.
- To ensure legibility, do not reproduce the logo smaller than 1 inch (2.54 cm) wide for printed materials or 150 pixels for online presentations.
- You may not combine the Actian Marks and Logos in configurations other than those specifically provided for herein, if any, or otherwise approved in writing.
- Do not use the Actian Marks or Logos on a patterned background that impairs readability.
IV. General Use Guidelines
- Company, Product, Service. You may not place your company name, trademarks, service marks, or product names next to (or combine them with) the Actian Marks.
- Domain Names, Meta tags, Hidden Text. You may not incorporate the Actian Marks in any domain name, user name, social media account name, meta tag, or other hidden text in a web page without prior written authorization from Actian.
- Internet Advertising Keywords. You may not use or incorporate the Actian Marks in any internet advertising keyword, Ad Word, hashtag, or other term used to trigger advertising or search engine results without prior written permission from Actian.
- Merchandise Items. You may not manufacture, sell, or give away merchandise items bearing any of the Actian Marks without a written license from Actian.
- Appearance. The Actian Marks may not be displayed as a primary or prominent feature on any materials without a written license from Actian.
- Disparagement. The Actian Marks may not be used in a manner that would disparage Actian or its products or services.
- Compliance with Laws. All services provided and all products made, shipped, promoted, sold, or otherwise provided by you in association with the Actian Marks, and all packaging, advertising, and promotional materials created, distributed, or otherwise used by you bearing the Actian Marks shall be in conformity with all applicable laws and regulations.
- Non-modification. The Actian Marks must be used exactly as provided by Actian without distortion or alteration to their color, content, proportion, design, or otherwise, and without removal of any elements, including wording and artwork.
- Current Guidelines. Always follow all applicable marketing and legal guidelines. From time to time, Actian may provide additional or updated guidelines, and may modify its written guidelines for the size, typeface, colors, and other graphic characteristics of any Actian Marks, making it imperative for you to review all updates. You are subject to all guidelines currently in effect.
- Policing. In the U.S. and other jurisdictions, trademark owners have a duty to police the use of their marks. If you become aware of any improper use of the Actian Marks, including infringement or counterfeiting by third parties, report them to Actian immediately. Please provide as much detail as possible, including the name of the possibly infringing party, contact information, and examples of the potentially infringing use.
- Goodwill. All uses and goodwill associated with the Actian Marks will inure to the benefit of Actian.
- Quality. The nature and quality of any products or services authorized to be supplied in connection with the Actian Marks shall conform to the standards set by Actian. All authorized users of the Actian Marks will cooperate with Actian in facilitating monitoring and control of the nature and quality of such products and services by Actian.
- Use Samples. You will promptly supply Actian with samples of use of the Actian Marks and any other information upon request by Actian. Should Actian notify you in writing that the use of the Actian Marks does not conform to the standards set by Actian, you shall promptly bring such use into conformance and provide Actian with samples of conforming use.
- Infringement Proceedings. Actian shall have the sole right and discretion to bring legal or administrative proceedings to enforce its trademark rights including actions for trademark infringement or unfair competition proceedings involving its trademarks.
- Reservation of Rights. Unless otherwise agreed to in writing, Actian reserves the right to terminate permission to copy, reproduce, or display the Actian Marks and to demand that the Actian Marks cease to be used at any time, in its sole discretion. Actian reserves the right to object to unfair uses or misuses of its Actian Marks and other violations of law, as well as uses that Actian in its sole discretion deems unlawful or improper, even if such use is not expressly prohibited by these guidelines. Actian reserves the right to revise these guidelines at any time, without notice.
V. Contact Information
For any questions regarding the proper usage of the Actian Marks, the proper notices, or these Trademark Guidelines please contact Actian at email@example.com.