OpenFEM TRADEMARK LICENSE
1-
Introduction
The aim of the present license is to establish
the conditions under which you can use the TRADEMARK. Nevertheless, the
OWNERS remain the sole holders of all intellectual property rights relative
to the TRADEMARK and retain the full enjoyment and use of these rights.
2- Definitions
In the present license,
TRADEMARK refers to the OpenFEM trademark initially registered in France
under the number 02 31 58 304 to characterize products and services in
the classes 9, 38 and 42, and in particular the OpenFEM software.
The
OWNERS are the "Institut National de Recherche en Informatique et en Automatique
(INRIA)", located at Domaine de Voluceau, BP 105, 78153 Le Chesnay Cedex,
France, and the company SDTools located at 52 rue Vergniaud, 75013 Paris,
France.
3- Object
By the present license, the OWNERS grant you a royalty-free, non-exclusive
license to use the TRADEMARK exclusively in association with the OpenFEM
software distributed under the LGPL license attached to the present agreement.
The granting of the present
license is applicable to all the territories in which the TRADEMARK is
validly registered and/or protected. All other uses will be at your own
risk.
You can affix the TRADEMARK
on the OpenFEM software when it is copied and/or distributed under the
conditions stated in article 1 of the associated LGPL
license. The TRADEMARK must be written in black in the following form:
OpenFEM.
4- Duration
The present license
is granted for a period of ten years starting from August 1st 2002 as long
as the TRADEMARK is still in force.
Upon the expiration
of this period, the present license can be renewed by the OWNERS.
5- Your
obligations
- You commit to
using the TRADEMARK exclusively in association with the OpenFEM software.
- You commit to making
all necessary verifications before any use of the TRADEMARK to any purpose
under the conditions stipulated in this license, and to renew these verifications
as often as possible.
6-
Counterfeiting
You will make your
best efforts to inform the OWNERS of any claim or legal action in counterfeiting
directed against you, as well as of any kind of infringement or illegal
imitation of the TRADEMARK that may come to your attention.
Only the OWNERS can
decide on the expediency of suing the TRADEMARK counterfeiters indicated
by you.
If you are sued for counterfeiting
by a third party because of your use of the TRADEMARK, the OWNERS shall
make their best efforts to assist you in your defence. This commitment
is limited to an obligation of means.
7- Assent
By using the TRADEMARK, you are presumed
to be aware of and to have accepted all rights and obligations resulting
from the present license.
8- Assignment
of the TRADEMARK
The OWNERS retain the
right, during the contractual period, to assign their rights on the TRADEMARK,
without this affecting the present license.
9- Termination
The present agreement
is legitimately terminated, without notification, in case of relinquishment,
waiver, forfeiture, or loss of trademark rights consecutive to a court's
final awards.
10-
Effects of the termination of the agreement
In cases of termination
or breach of this agreement, whatever the cause and the moment, you should
promptly withdraw any reference to the TRADEMARK in any form and on any
support, and in general refrain from using the TRADEMARK.
11- Binding
effect
This
license has the binding value of a contract. You are not responsible if
a third party does not comply with the present license.
12- Settlement
of disputes and governing law
In
case of a dispute not amicably resolved by the parties, the OWNERS and
you agree to submit it to one or several arbitrators chosen jointly according
to the rules of arbitration of the International Chamber of Commerce(http://www.iccwbo.org).
For the interpretation
and/or the execution of the present agreement as well as for the associated
arbitration procedure, the present contract is governed by the French law.