Rescale Trademark Guidelines

Last updated July 7th, 2015

1. Introduction. These Rescale Trademark Guidelines (the “Trademark Guidelines”) form an integral part of the Rescale Customer Agreement (the “Agreement”) between Rescale, Inc. (“Rescale,” “we,” “us” or “our”) and you or the entity you represent (“you”). These Trademark Guidelines provide you a limited permission to use the Rescale Marks (as defined in Section 2 below), in connection with your use of the Services (as defined in the Agreement), or in connection with software products designed to be used with the Services, on the terms set forth herein and in the Agreement, until such time as we may terminate such permission, which we may do at any time, in our sole discretion, as set forth in Section 4 below. The Rescale Marks are some of our most valuable assets and these Trademark Guidelines are intended to preserve the value attached to the Rescale Marks.

2. Definition. For the purposes of these Trademark Guidelines, “Rescale Marks” means all of the trademarks, service marks, service or trade names, logos, product names, or designations of Rescale used by Rescale, including without limitation the following: “Rescale”, “Rescale Platform”, “Rescale Simulation Platform”, “ScaleX”, “ScaleX Enterprise”, “ScaleX Pro”, and “ScaleX Developer”.

3. Limited Permission. Provided that you are an Rescale developer in good standing with a current and valid account for use of the Services and provided, further, that you comply at all times with the terms of both the Agreement and these Trademark Guidelines, we grant you a limited, non-exclusive, non-transferable permission, under our intellectual property rights in and to the Rescale Marks, and only to the limited extent of our intellectual property rights in and to the Rescale Marks, to use the Rescale Marks for the following limited purpose, and only for such limited purpose: you may utilize the Logo or the appropriate form(s) of the “for” or equivalent naming convention or URL naming convention, as set forth in Section 9 below, to: (i) identify Your Content (as defined in the Agreement) as using the Services; or (ii) to identify software tools or applications that you create and distribute that are intended for use in connection with the Services. Without limitation of any provision in the Agreement, you acknowledge that any use that you elect to make of the Rescale Marks, even if permitted hereunder, is at your sole risk and that we shall have no liability or responsibility in connection therewith. Your limited permission to use the Rescale Marks is a limited permission and you may not use the Rescale Marks for any other purpose. You may not transfer, assign or sublicense your limited permission to use the Rescale Marks to any other person or entity. Your use of the Rescale Marks shall comply with: (i) the most up-to-date versions of the Agreement and these Trademark Guidelines; and (ii) any other terms, conditions or policies that we may issue from time to time to govern use of the Rescale Marks. Your limited permission to use the Rescale Marks hereunder shall automatically terminate and you must immediately stop using the Rescale Marks if at any time: (i) the Agreement is terminated; (ii) Your Content no longer uses any of the Services, or your software product cannot be used with any of the Services, as applicable; or (iii) you cease to be a registered Rescale developer.

4. Modification and Termination. You understand and agree that, without prior notice to you and at our sole discretion: (i) we may modify these Trademark Guidelines at any time; (ii) we may modify or terminate your limited permission to use the Rescale Marks, at any time in our sole discretion, for any reason or for no reason at all; and (iii) we reserve the right to take any and all actions including, without limitation, legal proceedings, against any use of the Rescale Marks that does not comply with the terms of the Agreement or these Trademark Guidelines.

5. No Affiliation or Endorsement. You will not display the Rescale Marks in any manner that implies that you are related to, affiliated with, sponsored or endorsed by us, or in a manner that could reasonably be interpreted to suggest that Your Content, web site, product or service, has been authored or edited by us, or represents our views or opinions.

6. No Disparagement. You may only use the Rescale Marks in a manner designed to maintain the highest standard, quality and reputation that is associated with the Rescale Marks and you will not use the Rescale Marks to disparage us or our products or services.

7. No Dominant Display; Rescale Mark Differentiation. You may not display any Rescale Mark as the largest or most prominent trademark in any materials (including, without limitation, any web site or product literature) associated with Your Content, software tool or other software application. When using any Rescale Mark (other than the Logo, with respect to which the formatting requirements are set forth in Section 8 below, or in a URL), you must distinguish the Rescale Mark from the name of Your Content and/or other surrounding text by capitalizing the first letter of the Rescale Mark, capitalizing or italicizing the entire Rescale Mark, placing the Rescale Mark in quotes, or using a different style or color of font for the Rescale Mark.

8. Permissible Uses of the Rescale Marks. Except for the Logo, you may only use the Rescale Marks: (i) in a relational phrase using “for” or one of the limited number of equivalent naming conventions, as set forth below; or (ii) to the right of the top level domain name in a URL.

You may replace “for” in the example above with any of the following, so long as the term you use is accurate when used with the Rescale Marks you use: “for use with”; “with”; “compatible with”; “works with”; “powered by”; “built on”; “built with”; “developed on”; “developed with.”

9. Hyperlinking. You shall link each use of the Rescale Marks directly to the following URL, wherever technically feasible: http://www.rescale.com. You may not frame or mirror any of our web site pages.

10. No Combination. You may not hyphenate, combine or abbreviate the Rescale Marks. You shall not incorporate the Rescale Marks into the name of your organization, or your services, products, trademark or logos. The foregoing prohibition includes the use of the Rescale Marks in the name of any application, service or product or in a URL to the left of the top-level domain name (e.g., “.com”, “.net”, “.uk”, etc.).

11. Attribution. You must include the following statement in any materials that include the Rescale Marks: “Rescale, and the Rescale logo are trademarks of Rescale, Inc. in the United States and/or other countries.” In addition, the Rescale Marks must be designated with the “TM” notice as indicated in Section 2 of these Trademark Guidelines.

12. No Misleading Use. You may not display the Rescale Marks in any manner that is misleading, unfair, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable as determined by us in our sole discretion.

13. Trade Dress. You may not imitate the trade dress or “look and feel” of any of our web sites or pages contained in any of our web sites, including without limitation, the branding, color combinations, fonts, graphic designs, product icons or other elements associated with us.

14. Compliance with Law; Appropriate Activities. You may not use the Rescale Marks in any manner that violates any United States or foreign, federal, state, provincial, municipal, local or other, law or regulation. Without limiting the foregoing, or any provision in the Agreement, you may not display any Rescale Mark on your site if your site contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age.

15. Reservation of Rights. Except for the limited permission specified in Section 3 above, nothing in the Agreement or these Trademark Guidelines shall grant or be deemed to grant you any right, license, title or interest in or to any Rescale Mark, service marks, trade names, logos, product names, service names, legends, other designations, or abbreviations of any of the foregoing. You acknowledge and agree that we and our affiliates retain any and all intellectual property and other proprietary rights in and to the Rescale Marks. All use by you of the Rescale Marks including any goodwill associated therewith, shall inure to the benefit of Rescale.

16. No Challenges. You agree that you will not, at any time, challenge or encourage, assist or otherwise induce third parties to challenge the Rescale Marks (except to the extent such restriction is prohibited by law) or our registration thereof, nor shall you attempt to register any trademarks, service marks, trade names, logos, product names, service names, legends, domain names, other designations, or abbreviations of any of the foregoing, or other distinctive brand features that are confusingly similar in any way (including, but not limited to, sound, appearance and spelling) to the Rescale Marks.

17. Contact Information. If you have questions regarding your obligations under these Trademark Guidelines or questions about any Rescale Mark, please contact us at legal@rescale.com.