ScienceLogic Trademark Usage Guidelines

Introduction

These ScienceLogic Trademark Usage Guidelines (these "Guidelines") apply to all ScienceLogic organizations and employees worldwide and to ScienceLogic's authorized resellers, customers, business partners, licensees, advertising agencies, consultants, professional writers and editors and any other third parties using or making reference to ScienceLogic Trademarks. These Guidelines set forth the authorized legal policies for using or referring to ScienceLogic Trademarks. The ScienceLogic Trademarks are among ScienceLogic's most important and valuable assets.

A trademark is a word, name, symbol or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" are commonly used to refer to both trademarks and servicemarks. "ScienceLogic Trademarks" refer specifically to ScienceLogic's master brand, namely ScienceLogic (and all associated logos and marks incorporating the master brand), and generally to all other product names, service names, program names, logos, design marks, slogans, trade dress and all other designations used to identify any product or service offered by ScienceLogic. "ScienceLogic" refers to ScienceLogic, LLC and all of its subsidiaries, business units and divisions worldwide.

These Guidelines are not intended to be a definitive statement of proper trademark use. ScienceLogic reserves the right to oppose any use of the ScienceLogic Trademarks that ScienceLogic, in its sole discretion, deems unlawful or improper, even if such use is not expressly prohibited under these Guidelines. Further, ScienceLogic may revise these Guidelines from time to time in its sole discretion and without notice. It is your responsibility to comply with the most current version of these Guidelines. You should therefore periodically visit the ScienceLogic.com Web site for updated versions of these Guidelines.

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Guidelines for Use and Crediting of Trademarks

A. Rules of Proper Trademark Use

Proper use of ScienceLogic Trademarks reinforces their role as brands for ScienceLogic's products and services, and helps prevent them from becoming generic names that can be used by anyone. Examples of former trademarks that became generic terms are "aspirin," "cellophane" and "escalator." By adhering to the following rules, you help protect ScienceLogic's investment in the ScienceLogic Trademarks:

1. ALWAYS use ScienceLogic Trademarks as an adjective, accompanied by an appropriate generic noun. ScienceLogic Trademarks are adjectives and should not be used as nouns, verbs or in the possessive or plural form. Because a trademark is an adjective, you must use a generic noun in association with each ScienceLogic Trademark the first time the mark appears in text, and as often as reasonable after that. You need not include generic names in headlines, package titles and documentation titles.

For example:

• The benefits of EM7 software Not: EM7's benefits
• Two EM7 software installations Not: Two EM7s

2. ALWAYS use ScienceLogic Trademarks in the ways they were intended to be used. Do not use ScienceLogic Trademarks for goods or services for which they were not originally intended. Do not make puns out of them or portray them in a negative light. Do not vary ScienceLogic Trademarks by changing their spelling, hyphenating them, abbreviating them or creating acronyms out of them. Review the ScienceLogic Trademark List to make sure that you are properly spelling and capitalizing marks.

For example:

• ScienceLogic authorized reseller program Not: SL authorized reseller program
• ScienceLogic Not: Science-Logic

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B. Proper Trademark Attribution

Proper trademark attribution through trademark symbols and credit lines helps makes the public aware of ScienceLogic Trademarks, and helps prevent them from becoming generic terms. Credit lines also help clarify that the ScienceLogic Trademarks belong to ScienceLogic. Accordingly, you must attribute ownership of ScienceLogic Trademarks to ScienceLogic by using trademark symbols (TM or SM or ®) and credit lines as detailed below.

Trademarks may be designated by two types of symbols: TM (for goods) or SM (for services) for marks with pending applications to register and for unregistered common law marks, and ® for marks (for goods or services) registered in the U.S. Patent and Trademark Office. The appropriate symbol is placed immediately after the trademark in superscript font (e.g., TM or SM or ®), but if such font is not available, then using the symbols in parenthetical form is also acceptable (e.g., (TM) or (SM) or (R)).

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The ScienceLogic Trademark List attached to these Guidelines lists the ScienceLogic Trademarks with which you should use trademark symbols and the appropriate symbol to use. This list will be updated regularly.

2. Trademark Symbols

The following are guidelines for the use of trademark symbols:

• On products and packages and in letters, memos, press releases, white papers, advertising, slides, foils, video, and other multimedia presentations:
• Properly designate (with ®, TM or SM) all ScienceLogic Trademarks at the most prominent use (usually a headline) and again on the first occurrence in text or body copy.
• In the case of presentation graphics, ScienceLogic Trademarks should be designated with the proper trademark symbol on each page, slide, and foil.
• In the case of ScienceLogic Trademarks associated with multiple model numbers, such model number may appear after the ScienceLogic Trademark and before the appropriate noun or product name. For example: EM7 TM 1500 Enterprise Management System
• In newsletters, magazines, and publications containing multiple articles, properly designate (with ®, TM or SM) all ScienceLogic Trademarks on the first occurrence in the Table of Contents, in headlines and on the first occurrence in EVERY article in which they are used.
• In brochures, annual/quarterly reports, books, technical documentation, and other bound documents, properly designate (with ®, TM or SM) all ScienceLogic Trademarks on the first occurrence in the Table of Contents, in headlines, and on the first occurrence in text.
• In all charts or graphs, properly designate (with ®, TM or SM) all ScienceLogic Trademarks, as such charts and graphs could be copied or pulled and used independently.
• In all tag lines incorporating a trademark slogan, e.g. "[ScienceLogic Inside]. TM", always use the trademark symbol in every reference.

Please note that laws concerning use of trademarks or product names vary by country. Some countries have severe criminal and civil penalties for improper use of the registration symbol. Therefore, do not use the registration symbol (®) in countries where the trademark has not been registered. Always consult a local attorney for additional guidance.

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3. Credit Line

All written text (including text on or in product packaging, manuals, advertisements, promotional materials and Web pages) bearing ScienceLogic Trademarks should include the following trademark attribution line crediting ownership of ScienceLogic Trademarks to ScienceLogic:

"ScienceLogic, the ScienceLogic logo and EM7 are trademarks of ScienceLogic, LLC in the United States, other countries or both."

This attribution line can be modified to include only the ScienceLogic Trademarks referenced in a specific piece of written text. For example, if the written text references only the non-stylized ScienceLogic mark (but not the ScienceLogic logo), the applicable attribution line should read:

"ScienceLogic is a trademark of ScienceLogic, LLC in the United States, other countries or both."

The credit line may appear anywhere on the text, but typically is displayed on a copyright page, the back of a package or at the end of a document or Web page.

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C. Use of ScienceLogic as Trade Name

Trade names are the actual business names of companies. Trademarks and trade names are not the same, even though many companies use their trade names as trademarks. If you are using "ScienceLogic" as a substitute for ScienceLogic, LLC, you are using it as a trade name. Because they are nouns, trade names can be used in the possessive and do not require a generic term or a trademark symbol. Thus, you should not use a TM after "ScienceLogic" when it appears as part of the full corporate name or as a trade name.

For example:

Corporate Name: This system is offered by ScienceLogic, LLC.
Trade Name: This system is offered by ScienceLogic.
Trade Name: ScienceLogic's latest enterprise management system offerings are outstanding.
Trademark: The ScienceLogic TM enterprise management system offerings lead the industry.

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Third-Party Use of ScienceLogic Trademarks

Except for permissible uses of ScienceLogic Trademarks (but not logos) as further described below, all third-party use of ScienceLogic Trademarks requires an express prior written license or permission from ScienceLogic. Such license or permission may be contained in your written agreement with ScienceLogic. If you have a written agreement with ScienceLogic governing your use of any ScienceLogic Trademarks, you must follow any additional or different requirements contained in such agreement applicable to your use of ScienceLogic Trademarks.

If you do not have an applicable written agreement with ScienceLogic permitting your use of ScienceLogic Trademarks, your use of ScienceLogic Trademarks (other than the permissible uses set forth below under "Permissible Use") requires ScienceLogic's express prior written permission. Please forward your written request, along with a detailed description of the intended use, to trademarks@ScienceLogic.com and we will respond to your written request via e-mail. For the avoidance of doubt, these Guidelines do not constitute ScienceLogic's permission to use any of the ScienceLogic Trademarks.

After you have obtained the necessary written permission or license from ScienceLogic to use the ScienceLogic Trademarks, your use of the ScienceLogic Trademarks will be governed by the terms and conditions of these Guidelines and any other applicable agreements and written guidelines provided by ScienceLogic (such as logo usage guidelines). If there is a conflict among the terms in (i) these Guidelines (including any permissible uses described below), (ii) your applicable written agreement or permission and (iii) any other written guidelines applicable to your particular use of ScienceLogic Trademarks (e.g., logo usage guidelines), the terms of the other applicable written guidelines prevail over the terms of these Guidelines, and the terms of your applicable written agreement or permission prevail over the terms of these Guidelines and the other applicable written guidelines.

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A. Permissible Use

You may make "fair use" of ScienceLogic Trademarks (but not logos) in order to make true and non-misleading factual statements about ScienceLogic and ScienceLogic products or services. In addition, you may make "fair use" of ScienceLogic Trademarks (but not logos) to truthfully communicate that your product or service is compatible with, or was designed for use with, a ScienceLogic product or service by using accurate, descriptive taglines such as "for use with ScienceLogic EM7 enterprise management systems" and "works with ScienceLogic EM7 software" in connection with your product or service name, provided such use is not misleading as to ScienceLogic sponsorship, affiliation or endorsement of your company or your products or services. Within text or body copy, such taglines may appear in the same type as your product or service name. On product, packaging, advertising and other collateral where your product or service name is displayed apart from body copy, make sure that the tagline appears in significantly smaller type than your name. You should also distinguish the tagline from your mark by using a different font or color. However, ScienceLogic or the tagline should never appear in the ScienceLogic blue color. This is important to avert any implication that your product or service is produced or endorsed by ScienceLogic.

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B. Prohibited Uses

You may not use ScienceLogic Trademarks in a manner that could cause confusion as to ScienceLogic sponsorship, affiliation or endorsement of your company or your products or services. Take particular care not to use ScienceLogic marks as set out below:

1. Company, Product or Service Names. Do not use ScienceLogic Trademarks or potentially confusing variations as all or part of your company, product or service names without an express written agreement from ScienceLogic permitting such use (consult your applicable agreement with ScienceLogic to determine whether and under what circumstances you can use ScienceLogic Trademarks in this way). If you wish to note the relationship of your products or services to ScienceLogic products or services, please use an appropriate tagline as detailed above under "Permissible Use."

For example:

XYZ for ScienceLogic enterprise management systems Not: ScienceLogicXYZ or XYZ ScienceLogic

2. Domain Names. Do not use ScienceLogic Trademarks or potentially confusing variations in your Internet domain name. This helps prevent Internet users from being confused as to whether you or ScienceLogic is the source of the Web site.

3. Logos. ScienceLogic generally does not permit third party use of its logos or design marks, and you should not use them unless you have a written agreement or written permission from ScienceLogic expressly allowing such use. Written requests for written permission, along with a detailed description of the intended use, should be forwarded to trademarks@ScienceLogic.com and we will respond to your written request via e-mail. If you have met ScienceLogic's requirements to obtain a license or permission to use a ScienceLogic logo and have a valid logo agreement or written permission currently in effect with ScienceLogic, use of that logo must conform to the terms of the applicable agreement or written permission. Guidelines for using ScienceLogic logos will vary depending on the logo program and the terms of your written agreement or permission and will not be addressed in these Guidelines. For example, different logo programs may have additional or different requirements so you must consult the guidelines applicable to the specific logo for any additional or different requirements applicable to your use of ScienceLogic logos. If you wish to inquire about a particular logo program such as the "Powered by ScienceLogic" logo program, please contact your ScienceLogic account manager or sales representative.

4. Trade Dress. You must not imitate ScienceLogic trade dress, type style or logos. For instance, do not copy ScienceLogic packaging for use with your product or service or display your product or service name in the distinctive logotype associated with the ScienceLogic logo.

5. Other Prohibited Uses. You may not use the ScienceLogic Trademarks in violation of any applicable laws or governmental regulations. You may not use the ScienceLogic Marks in connection with any disparaging statements about ScienceLogic or its products or statements that otherwise reflect poorly on ScienceLogic or impair the value of, or goodwill associated with, the ScienceLogic Marks.

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C. Policing

In the U.S. and other jurisdictions, trademark owners have a duty to police the use of their marks. Therefore, if you become aware of any improper use of ScienceLogic Trademarks, including infringement or counterfeiting by third parties, report them to ScienceLogic's legal department immediately. Report as much detail as possible about the misuse, including the name of the party, contact information, and copies or photographs of the potential misuse.

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Trademark List

The ScienceLogic Trademark List below lists the ScienceLogic Trademarks with which you should use trademark symbols and the appropriate symbol to use. This list will be updated regularly. The absence of a product or service name or slogan from this list does not constitute a waiver of ScienceLogic's trademark or other intellectual property rights concerning that name or slogan.

• ScienceLogic™
• EM7™ and em7™
• Simplify IT™
• Transforming IT Management™
• Dynamic Application™
• Relational Infrastructure Management™
• E1500 Management System™
• E2500 Management System™
• E4500 Management System™
• C500 Remote Collector™
• C1500 Remote Collector™
• C2500 Remote Collector™
• A1500 Application Server™
• A2500 Application Server™
• D2500 Database Server™
• D4500 Database Server™
• D6500 Database Server™
• D6500-EX Database Server™
• P1200 Environmental Monitor™
• P1800 Environmental Monitor™
• P1820 Environmental Monitor™
• P2800 Environmental Monitor™

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Questions?

If you have questions or would like further information regarding ScienceLogic Trademarks or these Guidelines, please contact ScienceLogic's Marketing Department at:

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Last updated May 31, 2007