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