Guidelines for the Use of OmboriGrid’s Trademarks and Copyrights

VERSION: 5/2022

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1. Introduction

   1. These guidelines (these “Guidelines”) are for OmboriGrid licensees, Authorized Resellers, Certified Solution Providers Developers, end-customers, developers and other parties wishing to use OmboriGrid’s trademarks, trade names, service marks, logos, icons, designs, symbols, graphics, trade dress, images or similar intellectual property rights of OmboriGrid or any of its affiliates (each a “Trademark” and collectively the “Trademarks”) in promotional, advertising, instructional or reference materials, or on their websites, products, labels, or packaging. Any use of the Trademarks which is not expressly authorized by OmboriGrid is prohibited.

   2. If you are a licensee of an OmboriGrid Trademark and have been provided with special trademark usage guidelines with your license agreement, please follow those guidelines. If your license agreement does not provide usage guidelines, then follow these Guidelines. If you are an OmboriGrid Authorized Reseller or Certified Solution Provider, you may be subject to additional restrictions.

   3. By using any Trademark, in whole or in part, you are acknowledging that OmboriGrid is the sole owner of the Trademark and promising that you will not interfere with OmboriGrid’s rights in the Trademark, including challenging OmboriGrid’s use, registration of, or application to register such Trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any Trademark. The goodwill derived from using any part of a Trademark exclusively inures to the benefit of and belongs to OmboriGrid. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise.

   4. OmboriGrid reserves the right to amend these Guidelines at any time and at its sole discretion. All changes to these Guidelines will become effective upon posting of a revised copy of these Guidelines on OmboriGrid’s website.

2. Authorized Use of OmboriGrid Trademarks

   1. Only OmboriGrid and its permitted licensees may use the OmboriGrid word mark, logo or any other OmboriGrid Trademark in advertising, promotional, and sales materials. Such permitted licensees may use the Trademarks only as specified in their agreement with OmboriGrid and these Guidelines and such use must always be in conjunction with the appropriate terms that define the relationship authorized by their agreement with OmboriGrid.

   2. For clarity, the Trademarks include, without limitation, “OmboriGrid”, Ombori Grid”, “Ombori”, “Grid” and any versions, renderings, combinations or variations thereof.

   3. An Authorized Reseller, Certified Solution Provider or other partner of OmboriGrid, which has been granted a right to use the Trademarks through a Partner Agreement with OmboriGrid (each a “Partner”), shall be considered a permitted licensee of OmboriGrid. Any use of the Trademarks by such Partners shall be subject to the terms and conditions of the Partner Agreement entered into between OmboriGrid and the Partner and these Guidelines.

   4. OmboriGrid’s Partners, end-customers and other parties authorized by OmboriGrid to use the Trademarks may use an OmboriGrid word mark and the OmboriGrid graphic symbol(s) specified under “Permitted Use” in Exhibit 2.1 below (if any) in connection with publications (i.e. publications in periodicals, on websites, blogs or social media platforms), seminars, or conferences, provided that such parties comply with the special use instructions in Exhibit 2.1 and the following requirements:

      1. The use is referential and less prominent than the rest of the title and/or graphic symbol.

      2. The use reflects favorably on both OmboriGrid and OmboriGrid solutions or technology.

      3. Your name and logo appear more prominent than the OmboriGrid word mark and/or graphic symbol on all printed materials related to the publication, seminar or conference.

      4. Except for the OmboriGrid graphic symbol(s) specified under “Permitted Use” in Exhibit 2.1 below, the OmboriGrid logo or any other OmboriGrid- owned graphic symbol, logo, icon or image does not appear on or in the publication or on any materials related to the publication, seminar, or conference without prior express written permission from OmboriGrid.

      5. A disclaimer of sponsorship, affiliation, or endorsement by OmboriGrid, is included on the publication or in conjunction with the seminar or conference (as applicable), and on all related printed materials.

   5. Developers may use “OmboriGrid” or any other OmboriGrid word mark ( but not any OmboriGrid graphic symbols, designs or logos), in a referential phrase on packaging or promotional/advertising materials to describe that the third party product is compatible with the referenced OmboriGrid solution or technology, provided they comply with the following requirements:

      1. The OmboriGrid word mark may not be used as part of the developers’ product names, or be included as part of the developers’ offering to their customers.
      2. The OmboriGrid word mark is used in a referential phrase such as “runs on,” “for use with,” “for,” or “compatible with”.
      3. The OmboriGrid word mark appears less prominent than the developer’s product name.
      4. The developer’s product is in fact compatible with, or otherwise works with, the referenced OmboriGrid solution.
      5. The reference to “OmboriGrid” does not create a sense of endorsement, sponsorship, or false association with OmboriGrid or any OmboriGrid solutions or services.
      6. The use does not show OmboriGrid or its solutions or services in a false or derogatory light.

   6. Developers may show images of OmboriGrid’s solutions in their promotional or advertising materials to depict that their product is compatible with, or otherwise works with, the OmboriGrid solution or technology, provided they comply with the following requirements:

      1. The developer’s product is in fact compatible with, or otherwise works with, the referenced OmboriGrid solution.
      2. The image is an actual photograph of the genuine OmboriGrid solution and not an artist’s rendering (Note: You must obtain express written permission from OmboriGrid before using any photograph owned or licensed by OmboriGrid).
      3. The OmboriGrid solution is shown only in the best light, in a manner or context that reflects favorably on the OmboriGrid solutions and on OmboriGrid AB.
      4. The reference to OmboriGrid does not create a sense of endorsement or sponsorship by, or other false association with, OmboriGrid or any OmboriGrid solutions.

   7. Websites that serve only as non-commercial electronic informational forums concerning an OmboriGrid solution or technology may use the appropriate OmboriGrid word mark, provided such use complies with the guidelines set forth in Section 2.3 above.

3. Unauthorized Use of OmboriGrid Trademarks

   1. The following use of the OmboriGrid Trademarks is not authorized and all such use of the Trademarks is expressly prohibited:

      1. You may not use or register, in whole or in part, “OmboriGrid”, “Ombori Grid”, “Ombori”, “Grid” or any other OmboriGrid Trademark, including, without limitation, OmboriGrid-owned graphic symbols, logos, icons, or any alteration thereof, as or as part of a company name, trade name, product name, or service name except as specifically noted in these Guidelines.
      2. You may not use any OmboriGrid-owned graphic symbol on or in connection with websites, products, packaging, manuals, promotional/advertising materials, or for any other purpose, except where such use is expressly authorized in accordance with Section 2.4 above.
      3. You may not use the “OmboriGrid” logo or a variation of the OmboriGrid logo for any purpose other than as expressly permitted in these Guidelines. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of an OmboriGrid Trademark for any purpose.
      4. You may not use OmboriGrid or any other OmboriGrid Trademark, including OmboriGrid-owned graphic symbols/logos, or icons, in a manner that would imply OmboriGrid’s affiliation with or endorsement, sponsorship, or support of a third party product or service.
      5. You may not manufacture, sell or give away merchandise items bearing OmboriGrid or other OmboriGrid Trademarks, including symbols, logos or icons.
      6. You may not bid for, use or otherwise utilize any of OmboriGrid’s Trademarks on Google AdWords or any other similar platforms and services.
      7. You may not imitate the distinctive OmboriGrid website design, logos or typefaces.
      8. You may not use or imitate an OmboriGrid slogan or tagline.
      9. You may not use an identical or virtually identical OmboriGrid Trademark as a second level domain name.
      10. You may not shorten or abbreviate OmboriGrid Trademarks or make up names that contain OmboriGrid Trademarks.

   2. For clarity, the fact that certain use is not expressly prohibited in these Guidelines does not mean that such use is permitted.

4. Proper Trademark Notice and Attribution

   1. You must include an attribution of OmboriGrid’s ownership of its Trademarks within the credit notice section of your product, product documentation, or other product communication. For clarify, this applies in all cases where the Trademarks, or any parts thereof, or any part of OmboriGrid’s solutions or services are included in or otherwise offered together with your products, services or solutions.

   2. The following credit notices shall be used:

      “[Name of OmboriGrid Trademark] is a trademark of OmboriGrid AB or any of its affiliates.”

   3. You are not allowed to remove, alter, amend or leave out any of OmboriGrid’s Trademarks from any OmboriGrid solutions or services.

5. Depictions of OmboriGrid Solutions

   1. OmboriGrid does not support the use of its logos, company names, product or solution names, or images of OmboriGrid solutions by other parties in marketing, promotional or advertising materials in a way that may create the perception that OmboriGrid endorses or sponsors the product, service or promotion.

Exhibit 2.1 Graphic Symbols

1. Permitted Use

   Use of the following graphic symbols of OmboriGrid is permitted only if such use is in accordance with the special use instructions provided below in relation to each graphic symbol and these Guidelines.

   Graphic Symbol	Special Use Instructions
   	To be used only by Partners who are Certified Solution Providers (CSP), to signal the relationship between OmboriGrid and the CSP.
   	To be used only by Partners who are Authorized Resellers, to signal the relationship between OmboriGrid and the Authorized Reseller.
   	To be used only by developers who have passed OmboriGrid’s Developer Certification Course, to signal the relationship between OmboriGrid and the developer.
   	To be used by (i) a Partner to solicit orders in accordance with the Partner Agreement between OmboriGrid and the Partner, or (ii) any party who has been expressly authorized by OmboriGrid in writing to use this graphic symbol.
   	To be used when an app is made available in the Ombori Grid Marketplace and the app has been developed by (i) a Partner, or (ii) a developer who has developed an app for the OmboriGrid Marketplace.

2. Not Permitted Use

   Use of the following graphic symbols is prohibited.

   Graphic Symbol	Special Use Instructions
   	Never to be used by a Partner or by any other party (including, without limitation, OmboriGrid’s end-customers and any developer).
   	Never to be used by a Partner or by any other party (including, without limitation, OmboriGrid’s end-customers and any developer).