ServiceMax Marks Terms of Use and Guidelines

ServiceMax, Inc. (“ServiceMax”) owns trademarks, service marks, logos, taglines and distinctive features (each a “Mark,” collectively, “Marks”). These ServiceMax Marks are valuable assets that benefit ServiceMax’s reputation in the marketplace, generate goodwill, and must therefore be protected carefully.

These Terms of Use and Guidelines are for ServiceMax licensees, authorized resellers, developers, customers, partners, and other parties wishing to use ServiceMax’s Marks in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging.

Use of ServiceMax Marks are prohibited, unless expressly authorized. Any party using a ServiceMax Mark must first receive ServiceMax’s explicit written permission, use them only pursuant to these Terms of Use and Guidelines, and for the specific purposes for which ServiceMax has given permission. In the event of an inconsistency between a written agreement with ServiceMax that specifically addresses how a ServiceMax Mark may be used and these Terms of Use and Guidelines, the written permission or authorization agreement, while in force, will control.

ServiceMax Marks Terms of Use

ServiceMax Marks, including standard design logos offered herein, are the exclusive property of ServiceMax, Inc. ServiceMax owns all right, title and interest in the Marks, including but not limited to, copyright, trademark, service mark, trade dress, moral rights, rights under any statutory protection of fine arts, and otherwise, as applicable.

Except for the limited right to use as expressly permitted in a separate agreement with ServiceMax, no other rights of any kind are granted hereunder, by implication or otherwise. As an authorized licensee, reseller, developer, customer, or partner of ServiceMax (“You” or “Your”) under such separate agreement, You acknowledge that the Marks are being provided merely as a convenience and accommodation to You on an “AS IS” basis without warranty of any kind. As a condition of Your use of any Marks, You agree to:

Acknowledge that ServiceMax is the sole owner of the Marks and promise that You will not interfere with ServiceMax’s rights in the Marks, including challenging ServiceMax’s use, registration of, or application to register such Marks, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse or bring into disrepute any ServiceMax Marks;
Refrain from asserting any ownership, proprietary or other rights in any Marks or to challenge, contest, or take any other action inconsistent with ServiceMax’s exclusive ownership rights in the Marks, irrespective of any use You may make of any Marks;
Refrain from seeking any form of registration in any state, federal, or non-U.S. jurisdiction, of any trademark, service mark, trade dress, logo or other commercial designation that includes any Marks or any colorable imitation or derivative thereof;
Refrain from pursuing any claim, action or proceeding against ServiceMax, its affiliates, licensees, resellers, developers, customers, or partners based upon any Mark used by You;
Indemnify and defend ServiceMax and its affiliates from and against any claim, cost or liability of any kind, including for copyright and trademark infringement, arising out of Your use of any Mark; and
Waive, release and hold harmless ServiceMax, its affiliates, licensees, resellers, developers, customers, or partners from any claim or liability based upon ServiceMax’s printing or provision of any materials to any other affiliate, licensee, reseller, developer, customer, or partner of ServiceMax or its affiliates containing a Mark similar or identical to a Mark selected by You.

ServiceMax Marks Guidelines

Company, Product, or Service Name: You may not use or register, in whole or in part, ServiceMax, or any other ServiceMax Mark, including ServiceMax-owned logos, or an alteration thereof, as or as part of a company name, trade name, product name, or service name, except as specifically permitted in these Guidelines.
ServiceMax Logo: You may not use the ServiceMax Mark or any other ServiceMax -owned graphic symbol, logo, or icon on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written trademark license from ServiceMax, such as a reseller agreement.
Variations, Alterations or Changes: You may not use a variation of a ServiceMax Mark for any purpose. You will not alter the nature or design of a ServiceMax Mark, including any ServiceMax-owned logo, in any way and will not use the ServiceMax Marks in the creation of a composite trademark or associate it with another trademark or name used by You, unless prior written consent is obtained from ServiceMax. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of a ServiceMax Mark for any purpose. For example:

Not acceptable:

ServiceMac

ServiceMaxx

Zink

Electronic art of a ServiceMax Mark must be used as provided; changes in color, design, or proportions are not allowed. Electronic art is provided for reproduction purposes only. A ServiceMax Mark can be reproduced in black and white; reverse; and/or full original color.
Disparaging Manner: You may not use a ServiceMax Mark, including any ServiceMax-owned logo, in an unlawful manner or disparaging, objectionable, vulgar, or indecent manner (as determined by ServiceMax).
Endorsement or Sponsorship: You may not use ServiceMax, or any other ServiceMax Mark, including any ServiceMax-owned logo, on marketing, promotional or advertising materials that would imply ServiceMax’s affiliation with or endorsement, sponsorship, or support of a third party product or service.
Merchandise Items: You may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, bearing ServiceMax or any other ServiceMax Mark, including any ServiceMax-owned logo, except pursuant to an express written trademark license grant from ServiceMax.
Compatibility: If you are a developer, you may show an image of a ServiceMax product in your promotional/advertising materials to depict that your product is compatible with, or otherwise works with, the ServiceMax product or technology, provided you comply with the following requirements:
1. Your product is in fact compatible with, or otherwise works with, the referenced ServiceMax product.
2. The image is an actual photograph of the genuine ServiceMax product and not an artist’s rendering (Note: You must obtain express written permission from ServiceMax before using any photograph owned or licensed by ServiceMax).
3. The ServiceMax product is shown only in the best light, in a manner or context that reflects favorably on the ServiceMax products and on ServiceMax, Inc.
4. The reference to ServiceMax does not create a sense of endorsement or sponsorship by, or other false association with, ServiceMax or ServiceMax products.
ServiceMax’s Trade Dress: You may not imitate the distinctive ServiceMax packaging, web site design, logos, or typefaces.
Slogans and Taglines: You may not use or imitate a ServiceMax slogan or tagline.

For example: “We Are ServiceMax”
Domain Names: You may not use an identical or virtually identical ServiceMax Mark as a second level domain name.

Not acceptable:

“servicemaxx.com”

“zincservicemax.com”
Social Media: You may not create a Twitter handle or other social media account whose username or title could suggest affiliation with or endorsement by ServiceMax.

Proper Trademark Notice and Attribution Statement

On product, product documentation, or other product communications that will be distributed in the United States, use the appropriate trademark symbol (TM, SM, ®) the first time the ServiceMax Mark appears in the text of the advertisement, brochure, or other material.
Refer to the ServiceMax Mark List for the correct trademark symbol, spelling of the trademark, and generic term to use with the trademark. Generally, the symbol appears at the right shoulder of the trademark.
Include an attribution statement of ServiceMax’s ownership of its trademarks within the credit notice section of your product, product documentation, or other product communication. For example:

_________ and _______ are trademarks of ServiceMax, Inc. and its affiliates, in the United States and other countries

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If you have any questions regarding these Guidelines and Terms of Use, please contact Percy Chow at Percy.Chow@servicemax.com