The aim of the present license is to establish the conditions under which you can use the TRADEMARK. Nevertheless, the OWNER remains the sole holder of all intellectual property rights relative to the TRADEMARK and retains the full enjoyment and use of these rights.
In the present
license, TRADEMARK refers to the partly-figurative Scilab trademark
initially registered in France under the number 02 3 162 874, May 3, 2002, to characterize
products and/or services in the classes 9, 16, 35, 38, 41 and 42 such as in appendix and in particular
the Scilab software. Moreover, the TRADEMARK benefits from an international
protection in particular in the Community, in the United States, in Japan, in Australia, in Canada, in Russia, in China and in South Korea.
Please note that the TRADEMARK must not directly characterize Computer software development, design and updating
relating to games software or video games software.
The OWNER is the "Institut National de Recherche en Informatique et en Automatique (INRIA)", located at Domaine de Voluceau, BP 105, 78153 Le Chesnay Cedex, France.
By the present license, the OWNER grants you a royalty-free, non-exclusive license, to use
the TRADEMARK exclusively in association with the Scilab software distributed under the
attached license (you can read this license on the same website).
The granting of the present license
is applicable to all the territories in which the TRADEMARK is validly registered and/or
protected and for all the products and services the TRADEMARK describes under the article 2.
All uses out of these territories will be at your own risk.
You can affix the TRADEMARK on the
Scilab software when it is copied, modified and/or distributed on any support under
the conditions stated in the articles 2, 3 and 4 of the Scilab software license.
The TRADEMARK must take the form attached to the appendix. The affixed TRADEMARK can be
reproduced in any size in black and white.
The present license is granted as long as the TRADEMARK is still in force.
You commit yourselves to using the TRADEMARK exclusively to characterize any products and/or services, such as in appendix, subject to the stipulations of the article 2 and only related to the Scilab software.
You commit yourselves to using the TRADEMARK in good faith and not to carrying the TRADEMARK reached such as, for example, use with a counterfeiting content, pornographic contents, defamating contents, or on a pedophilic website. Failing that you will be liable.
You commit yourselves to making all necessary checks, notably the TRADEMARK validity on the concerned territory (For France: http://www.inpi.fr/front/; For Europe: http://oami.eu.int/fr/default.htm; For the World: http://www.wipo.int/index.html.fr), before any use of the TRADEMARK to any purpose under the conditions stipulated in this license and to renew these checks as often as possible.
You will make your best efforts to inform the OWNER 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 OWNER 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 OWNER shall make his best efforts to assist you in your defence. This commitment is limited to an obligation of means.
By using the TRADEMARK, you are presumed to know and to have accepted all rights and obligations resulting from the present license.
The OWNER retains the right, during the contractual period, to assign his rights on the TRADEMARK, without this affecting the present license.
The present agreement is legitimately terminated, without notification or in case of relinquishment by the OWNER, waiver, forfeiture, or loss of trademark rights consecutive to a court's judgment as a last resort.
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.
If one or several clauses of the present license are declared invalid in application of a law, a regulation or a final court's decision, the others clauses are still in force.
The stipulations of the present license constitute the entirety of this license on her object.
This license has the binding value of a contract.
You are not responsible if a third party does not comply with the present license.
In case of a dispute not amicably resolved by the parties, the OWNER 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, only the French version does faith as well as for the associated arbitration procedure, the present contract is governed by the French law.
Trademark registered in color:
Products or services designated :
Softwares; recorded computer programs; scientific computation softwares; magnetic supports, optical, magneto-optical, electronic of recorded data; magnetic discs; optical discs; recorded optical discs; compact optical discs; apparatuses for the recording, the transmission, the reproduction of the sound or the pictures; apparatuses for the data processing; equipments for the data processing and the computers; calculating machine.
Products of printing works, handbooks and booklets referring to computer programs; material of instruction or teaching (except for the apparatuses); leaflet; publications in the field of computers and computer programs.
Recording, transcription, composition, compilation or systematization of written communications and recordings; exploitation and compilation of mathematical or statistical data; distribution of leaflet and samples Telecommunications; communications by computer terminals; information as regards telecommunications; transmission of messages and pictures computer-assisted; electronic messaging; services of teleconference; communications by optical fibre network; downloading of scientific computation softwares.
Education; formation; hands-on training (demonstration); vocational guidance (councils as regards education or training); organization and control of workshops of formation, colloques, conferences, conferences, congress, seminars and symposiums; organization of exposures to cultural or educational goals.
Programming for computers; design of information processing systems; consultations as regards computers; édevelopment (design) and updated of software; installation and maintenance of softwares; technical research; study of technical projects; engineering; expertises (work of engineer).
Products or services classes: 9, 16, 35, 38, 41, 42.