OpenClinica Trademark Policy

This Trademark Policy is instituted by OpenClinica, LLC (“OpenClinica”) and applies to all third parties who wish to use any of the trademarks, service marks, trade names or logos owned by OpenClinica (the “OpenClinica Marks”), including but not limited to, OpenClinica’s authorized partners, certified resellers, licensees, customers, and users of OpenClinica’s products and services, or products that incorporate OpenClinica’s products or services (collectively referred to as “Third Parties” or “you”).

As a general rule, no Third Party may use (or authorize the use of) any of the OpenClinica Marks in any manner other than as expressly authorized by OpenClinica in a written agreement or as set forth in this Trademark Policy. OpenClinica reserves the right to revoke any such authorization at any time in its sole discretion, including, but not limited to, any situation where use of the OpenClinica Marks does not strictly conform with the requirements of this Trademark Policy and/or OpenClinica’s written authorization.

Authorized Use of OpenClinica Marks

OpenClinica Conditional Use Logos

OpenClinica has developed one or more logos for use by those who wish to show their support for OpenClinica and its products and services by displaying such a logo in the user interface of a website or internet-based application (“Conditional Use Logos”). The Conditional Use Logos are displayed in Section 6 below. The Conditional Use Logos may be used without specific written permission from OpenClinica only if all of the following conditions are met:

  • The use must not be detrimental, i.e., harmful or damaging, to the value of any of the OpenClinica Marks, or to OpenClinica, its brand integrity, reputation or goodwill, as determined by OpenClinica in its sole discretion;
  • The Conditional Use Logo must be a “clickable” link that leads directly to www.openclinica.com or https://community.openclinica.com/. An exception to this is made for the OpenClinica logo in the upper-left hand corner of the OpenClinica software, which must link to the home page of the OpenClinica application or not be clickable at all;
  • The limited license given herein does not include the right to use any Conditional Use Logo or any other OpenClinica Mark as a trademark to promote your own products or services. For example, you may not use any OpenClinica Mark on any product packaging, marketing materials or documentation, such as (without limitation) on CD-ROM or diskette labels or packaging, books or other publications. Any such use must be expressly authorized by OpenClinica in a signed, written agreement; and
  • The use of any Conditional Use Logo under this Section 1(b) must also comply with applicable provisions of this Trademark Policy, including (without limitation) Section 6(f)

If you have special needs that are not covered by the above, please contact OpenClinica to request special permission to use an OpenClinica Mark.

OpenClinica reserves the right to revoke this authorization at any time in its sole discretion. For example, if OpenClinica believes that your use of any Conditional Use Logo is detrimental to any of the OpenClinica Marks or is otherwise unacceptable, OpenClinica may revoke this authorization. Upon any revocation of this authorization by OpenClinica, you shall immediately cease using any and all OpenClinica Conditional Use Logos. If you do not immediately cease using all OpenClinica Conditional Use Logos upon revocation by OpenClinica, OpenClinica may take whatever action it deems necessary to protect its rights and interests. Although as a general rule you must never modify the design, add or delete any words, or change any colors when using an OpenClinica Conditional Use Logo, you may adjust the overall size of the logo, so long as adjustments are made proportionally.

USE OF ANY OPENCLINICA MARK IS AT YOUR OWN RISK. THE USES PERMITTED UNDER THIS SECTION 1(b) ARE PROVIDED BY OPENCLINICA ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF NON-INFRINGEMENT. YOU AGREE TO INDEMNIFY AND DEFEND OPENCLINICA AND HOLD OPENCLINICA, ITS SUCCESSORS AND ASSIGNS, HARMLESS OF AND FROM, ANY CLAIM, ACTION, SUIT, LOSS, COST, EXPENSE OR OTHER DAMAGES OR LIABILITY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COSTS OF INVESTIGATION) ARISING OUT OF OR RESULTING FROM YOUR USE OF ANY OPENCLINICA MARK IN VIOLATION OF THIS TRADEMARK POLICY.

You agree that you will not acquire rights in any OpenClinica Mark through your use of any Conditional Use Logo. By using any Conditional Use Logo, you agree to the terms contained in this Trademark Use Policy.

You further agree that, if you are not a Customer or Partner of OpenClinica (as defined in Sections 1(b)(ii) and 1(b)(iii) below), you will include the following disclaimer on all materials, software, and communications which display any Conditional Use Logo:

“[Your Company Name] is not a certified partner, reseller, or affiliate of OpenClinica LLC, and is not certified, approved, or sponsored by OpenClinica LLC in connection with the installation, operation, maintenance or support of the OpenClinica® software platform, the OpenClinica® Enterprise software platform or any other OpenClinica products.”

For software, this requirement may be satisfied by displaying the text “Unsupported Community Edition” in a prominent, readable manner on all screens, with a rollover or popup that displays the text of the disclaimer.

You further agree that, if you are not a Customer or Partner and you have made any modifications to the OpenClinica software platform, you will include (in addition to clause F above) the following disclaimer on all materials, software, and communications which display any Conditional Use Logo: “This modified version of the OpenClinica® software platform [Insert version number] is not supported by OpenClinica LLC or its OpenClinica® Enterprise Services Group.”

OpenClinica Customer Logos

OpenClinica has developed one or more logos for use by customers of its OpenClinica® Enterprise Edition product (“Customers”). These logos (“Customer Logos”) may only be used by parties having an active, paid subscription for at least one OpenClinica® Enterprise Edition instance (“Supported Instance”). The Customer Logos are displayed in Section 6 below.

The Customer Logos may be used by parties having an active, paid subscription for at least one OpenClinica® Enterprise Edition instance without additional specific written permission from OpenClinica only if all of the following conditions are met:

  • The use must not be detrimental, i.e., harmful or damaging, to the value of any of the OpenClinica Marks, or to OpenClinica, its brand integrity, reputation or goodwill, as determined by OpenClinica in its sole discretion;
  • The Customer Logo must be a “clickable” link that leads directly to www.openclinica.com or https://community.openclinica.com/. An exception to this is made for the OpenClinica logo in the upper-left hand corner of the OpenClinica software, which must link to the home page of the OpenClinica application or not be clickable at all;
  • The limited license given herein does not include the right to use any Customer Logo or any other OpenClinica Mark as a trademark to promote your own products or services. For example, you may not use any OpenClinica Mark on any product packaging, marketing materials or documentation, such as (without limitation) on CD-ROM or diskette labels or packaging, proposals, marketing collateral, trade show graphics, books or other publications. Any such use must be expressly authorized by OpenClinica in a signed, written agreement;
  • The use of any Customer Logo must be solely in association with the Supported Instance(s) of the OpenClinica software you have purchased;
    * The use of any Customer Logo under this Section 1(b) must also comply with applicable provisions of this Trademark Policy, including (without limitation) Section 6(f)

If you have special needs that are not covered by the above, please contact us to request special permission to use an OpenClinica Mark.

This authorization is automatically revoked if at any time the Customer ceases to have at least one paid, active OpenClinica® Enterprise Edition instance subscription, or if the Customer is more than 90 days past due on any OpenClinica® Enterprise Edition instance subscription fee.

OpenClinica also reserves the right to revoke this authorization at any time for any reason in its sole discretion. For example, if OpenClinica believes that your use of any Customer Logo is detrimental to any of the OpenClinica Marks or is otherwise unacceptable, OpenClinica may revoke this authorization. Upon any revocation of this authorization by OpenClinica, you shall immediately cease using any and all OpenClinica Customer Logos. If you do not immediately cease using all OpenClinica Customer Logos upon revocation by OpenClinica, OpenClinica may take whatever action it deems necessary to protect its rights and interests. Although as a general rule you must never modify the design, add or delete any words, or change any colors when using an OpenClinica Customer Logo, you may adjust the overall size of the logo, so long as adjustments are made proportionally.

USE OF ANY OPENCLINICA MARK IS AT YOUR OWN RISK. THE USES PERMITTED UNDER THIS SECTION 1(b) ARE PROVIDED BY OPENCLINICA ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF NON-INFRINGEMENT. YOU AGREE TO INDEMNIFY AND DEFEND OPENCLINICA AND HOLD OPENCLINICA, ITS SUCCESSORS AND ASSIGNS, HARMLESS OF AND FROM, ANY CLAIM, ACTION, SUIT, LOSS, COST, EXPENSE OR OTHER DAMAGES OR LIABILITY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COSTS OF INVESTIGATION) ARISING OUT OF OR RESULTING FROM YOUR USE OF ANY OPENCLINICA MARK IN VIOLATION OF THIS TRADEMARK POLICY.

You agree that you will not acquire rights in any OpenClinica Mark through your use of any Customer Logo. By using any Customer Logo, you agree to the terms contained in this Trademark Use Policy.

You further agree that you will not use any Customer Logo in association with instances of the OpenClinica software that you have deployed, in modified or unmodified form, in excess of the number of OpenClinica® Enterprise Edition subscriptions you have purchased (“Non-Supported Instances”). This requirement extends to all materials, software, and communications which display any Customer Logo in association with the Non-Supported Instances. The requirement does not apply to copies of a Supported Instance that are used only for development, testing, validation, or backup purposes.

If you have deployed, or intend to deploy, additional instance(s) of OpenClinica and wish to use any Customer Logo in association with these instances, you must convert these to Supported Instances by adding an additional paid subscription for each production instance.

You further agree that, if you are not a Partner of OpenClinica (as defined in Section 1(b)(iii) below), you will include the following disclaimer on all materials, software, and communications which display any Customer Logo:

OpenClinica®, OpenClinica Community, and OpenClinica Enterprise are trademarks of OpenClinica LLC. The party providing this instance of OpenClinica®, [Your Company Name], is a customer and licensee of OpenClinica®, in connection with the installation, operation, maintenance and/or support of the OpenClinica® Enterprise software platform. [Your Company Name] is not a certified partner or reseller of OpenClinica LLC.

For software, this requirement may be satisfied by displaying the text “OpenClinica Enterprise Edition” in a prominent, readable manner on all screens, with a rollover or popup that displays the text of the disclaimer.

You further agree that, if you are not a Partner and you have made any modifications to the OpenClinica software platform, you will include (in addition to clause G above) the following disclaimer on all materials, software, and communications which display any Customer Logo: “This version of the OpenClinica® software platform ([Insert version number]) has been modified by [Your Company Name].”

You further agree to maintain the quality of your use of the Customer Logo(s) in a manner that meets or exceeds industry standards, and to remedy any material deficiencies in its use of the Customer Logos, upon reasonable notice from OpenClinica.

You further agree, upon reasonable request from OpenClinica, to notify OpenClinica of the locations of your use of the Customer Logos and/or furnish OpenClinica with suitable specimens of your use of the Customer Logos. OpenClinica may review your use of the Customer Logos periodically to evaluate your compliance with the quality standards described in this Agreement.

Conditional Use Logos, as defined in Section 6 of this Trademark Policy, may also be used by Customers under the terms and conditions set out herein for Customer Logos when used in association with a Supported Instance of the software. Any use of Conditional Use Logos in association with a Non-Supported Instance must adhere to the terms and conditions for authorized use of OpenClinica Conditional Use Logos in Section 1(b)(i) of this Trademark Policy.

For information on how to become an OpenClinica Enterprise Edition customer, please contact us.

OpenClinica Partner Logos

OpenClinica has designed specific logos for use by certain partners, resellers, and affiliates who are certified by OpenClinica to install, operate, maintain and/or support the OpenClinica® software product(s) (“Partners”). These logos (“Partner Logos”) may only be used by parties having a written and signed agreement with OpenClinica allowing them to do so and under the conditions set forth in that agreement. The Partner Logos are displayed in Section 6 below.

For information on how to become a Partner, please email contact us.

Non-Trademark Use of OpenClinica Marks

You may use OpenClinica Marks in the titles of publications, such as books or magazines, or in connection with presentations, provided that the use: (i) is referential only; (ii) does not use any OpenClinica Mark as a trademark; and (iii) complies with this Trademark Policy. OpenClinica Marks must always be attributed with the proper symbol and footnoted, as explained below, on all publications and presentations that are displayed to the public (sales, trade shows etc.). Without the express prior written consent of OpenClinica, no OpenClinica Mark may be used as a trademark to promote any publication, lecture or other presentation.

OpenClinica Marks are to be used in these instances only to describe the content of the publication or presentation and not as trademarks to promote your own products and services. You shall not register, or attempt to register, the titles as trademarks, service marks, corporate names or trade names. In addition, you must place your own name, mark and/or logo on the cover and title page of all publications and on all materials related to the presentations, in a more prominent location than the title incorporating the OpenClinica Marks.

Unauthorized Use of OpenClinica Marks

Unauthorized use of the OpenClinica Marks or marks that are confusingly similar to any OpenClinica Mark may constitute an infringement of OpenClinica’s trademark rights and is strictly prohibited. Without the express prior written consent of OpenClinica, no OpenClinica Mark may be used in a manner that implies an affiliation with or sponsorship by OpenClinica LLC.

Third Party Marks: Unless expressly authorized by OpenClinica in writing, Third Parties may not use any OpenClinica Marks as part of their company name, trademarks or logos. You may not combine any OpenClinica Mark with any mark owned by you or any third party trademark without the express prior written consent of OpenClinica.

You may not name or rename a product or service of your own to include the word “OpenClinica” (or any variation thereof) without the express prior written consent of OpenClinica. Furthermore, you may not claim any right to register, or attempt to register, a trademark in any territory if the trademark in question includes “OpenClinica” (or any variation thereof) or is in some other way similar to any OpenClinica Mark.

Internet Domain Names: You may not register or attempt to register an Internet domain name that includes “OpenClinica” (or any variation thereof) or any of the OpenClinica Marks or any marks that are confusingly similar to the OpenClinica Marks in a way that is detrimental, i.e., harmful or damaging, to the value of any of the OpenClinica Marks, or to OpenClinica, its brand integrity, reputation or goodwill, as determined by OpenClinica in its sole discretion.

Damaging Use. You may not use any OpenClinica Mark in any manner or with respect to any products that will decrease the value of the OpenClinica Marks or otherwise impair or damage OpenClinica’s brand integrity, reputation or goodwill, including (without limitation) use in a manner that is unethical, offensive, disparaging, defamatory, illegal or in bad taste.

Guidelines for Proper Use of OpenClinica Marks

Listed below are the current OpenClinica Marks. This list will be updated from time to time, at the sole discretion of OpenClinica. In addition, OpenClinica may, at its sole discretion, modify the OpenClinica Marks at any time. Please refer to this section periodically to ensure your compliance.

Word Marks:

  • OpenClinica®
  • OpenClinica Enterprise®
  • OpenClinica ParticipateTM
  • Open Source for Clinical ResearchTM

Customer Logos:

OC_Enterprise_Logo

OpenClinica Participate Logo

Old Mark – DO NOT USE:

OpenClinica_Enterprise_small

Rule Designer Logo:

OC_RuleDesigner

Partner Logo:

OpenClinica Partner logo

Old Mark – DO NOT USE:

OpenClinica Certified Partner logo

Conditional Use Logo:

Print

Old Mark – DO NOT USE:

OpenClinica_3_0_small

Proper Trademark Use:

  • You must not alter or modify any OpenClinica Mark. When using an OpenClinica Mark, you must never vary the spelling, add hyphens, make one word two, or use a possessive or plural form of the OpenClinica Mark. You must not abbreviate an OpenClinica Mark to create an acronym.
  • When using an OpenClinica logo, you must never modify the design, add or delete any words, or change any colors or proportions. The logo may be scaled proportionally. The logo may in its entirety be displayed in black on white background OR in white on dark – black or one-colored – background. The typesize of the trademark notice symbol may be adjusted.
  • You must use the OpenClinica logo only as a stand-alone icon in accordance with this Trademark Policy, without any other third party logos and/or trademarks combined or associated with it. A margin should be left empty around the logo in the background color of the displayed logo. No additional text or graphics may be placed in the margin except trademark symbols and the words of logo versions specifically designed by OpenClinica.
  • Any OpenClinica Mark shall only be used in conjunction with OpenClinica products and services, except as specifically agreed in writing by OpenClinica or in Section 1(b) above.
  • You must use the ® symbol in connection with the following OpenClinica Marks: OPENCLINICA®. You must use the TM symbol in connection with any other OpenClinica Mark.
  • The appropriate notice symbols must always be superscripted immediately after all OpenClinica Marks.

Statement for Correct Attribution

All use of OpenClinica Marks must be attributed to OpenClinica with our standard trademark attribution statement. The statement must always be a complete sentence, and must be placed in a visible place in the material referencing the OpenClinica Marks, e.g., on the copyright page, on the last page of the material, on the bottom of a web page, on a website’s trademark policy page, or on product packaging. The following attribution statement must be used in all material referencing the OpenClinica Marks:

“[Insert the OpenClinica Marks that appear in that particular piece] is a trademark of OpenClinica LLC in the United States and other countries.”

Examples:

“OpenClinica is a trademark of OpenClinica LLC in the United States and other countries.”

“The OpenClinica Logo is a trademark of OpenClinica LLC in the United States and other countries.”

Link to OpenClinica Website: All uses of OpenClinica logos in a user interface should be hyperlinked from the logo to www.openclinica.com.

The absence of any trademark, service mark, trade name or logo from this list does not constitute a waiver of OpenClinica’s trademark or other intellectual property rights.

General

What is a trademark?

A trademark is a word, phrase, symbol or design, or a combination of those things, that distinguishes one company’s products and services from the products and services of another. Thus, although a trademark is a symbol of the source of a product or service, a trademark is not the good or service itself. For example, OpenClinica brands its clinical research software product and its other products and services using the OpenClinica and OpenClinica trademarks and the other OpenClinica Marks.

A service mark is simply a trademark that identifies the source of a service. A logo is a trademark that incorporates a design of some sort. A trademark is not the same as a copyright or a patent.

Why trademarks are important

Trademarks are important because they help to prevent confusion in the marketplace by distinguishing one company’s products and services from the products and services of another. For example, when a user sees the OpenClinica Mark on the OpenClinica products, the user understands that OpenClinica has either created or endorsed that product, and that the product is subject to the quality control standards of OpenClinica for that product. If anyone other than OpenClinica or one of its authorized partners or licensees were to use one of the OpenClinica Marks to promote a software application or tool, users could be misled into thinking that the unauthorized person’s products or services were created or endorsed by OpenClinica or that those products or services met the quality control standards of OpenClinica .

Trademarks and the GNU Lesser General Public License

OpenClinica distributes the OpenClinica software platform under the GNU Lesser General Public License (the “LGPL”). The LGPL permits third parties to use and redistribute the underlying software under certain circumstances. Such use and/or redistribution of OpenClinica software products are welcomed by OpenClinica, but should be distinguished from the use of the OpenClinica Marks. The LGPL does not provide any license or right to use any OpenClinica Mark in any form or media. Thus, although an LGPL licensee may redistribute the underlying software under the terms of the LGPL, an LGPL licensee may not use any OpenClinica Mark in doing so without the express prior written permission of OpenClinica. Otherwise, users could be misled into thinking that revisions made by the LGPL licensee were created or endorsed by OpenClinica, or that those revisions met the quality control standards of OpenClinica. In order to avoid any confusion about the origin of any such revisions, unless authorized through the OpenClinica Partner program or the OpenClinica Certification program, you must include the disclaimer as set forth in Section 1(b)(i)(F) in connection with your use of any of the OpenClinica Marks.

Miscellaneous

Third Party Licensors

Some OpenClinica products include technology used under license from third party licensors. You must not use any such third party trademark without express permission from the owner. This Trademark Policy is limited to OpenClinica Marks and does not apply to marks owned by third parties.

Possible Infringements

Please report any possible infringement and/or misuse of any OpenClinica Mark and/or a violation of this Trademark Policy here.

For any other questions or comments, feel free to contact us.

Last modified: [29-OCT-2015]