Trademark Usage Terms and Conditions
Updated May 14, 2011
The FreeBSD Foundation(the "Foundation") is a 501(c)(3) non-profit organization dedicated to supporting the FreeBSD Project (the "Project").FreeBSD is an advanced operating system for modern server, desktop, and embedded computer platforms. It is derived from BSD, the version of UNIX® developed at the University of California, Berkeley and is developed and maintained by a large team of individuals. Additional platforms are in various stages of development.
The FreeBSD Foundation gratefully accepts donations from individuals and businesses, using them to fund the Project, which engages in continued development of the FreeBSD operating system. In addition, the Foundation represents the FreeBSD Project in executing contracts, license agreements, and other legal arrangements which require a recognized legal entity, including granting licenses or permissions to use the FreeBSD trademarks and logos (collectively, the "Marks"). The Foundation is entirely supported by donations.
The Foundation is responsible for maintaining the Marks, which are used, among other things, to identify source code, documentation, projects, and other material originating with or through the Project. By following our Trademark Usage Terms and Conditions, you help us protect the goodwill associated with the Marks, as well as the open source nature of the FreeBSD operating system.
Please note that the following Terms and Conditions are intended to cover typical situations, in a general way, but that there may be special circumstances, which, in the judgment of the Foundation, result in different or additional requirements for your use of the Marks. Any individual, organization, or company may use the Marks to show support for the Project or as part of a notice to users that your product incorporates the FreeBSD operating system. On websites, the Marks should always link to http://www.freebsdfoundation.org or http://www.freebsd.org. You may not use the Marks in any way which is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or in any other way that could give rise to any civil or criminal liability under the law or otherwise diminish the goodwill and integrity of the Marks. The Marks may not be used on product packaging or to promote products and services, or to create the impression of an endorsement or certification unless you comply with all of the following:
1. Anyone who uses any of our Marks is required to comply with these use guidelines, as well as the requirements in your license, if you are a licensee. For special or unusual projects, we may ask you to comply with requirements specific to your use.
2. You must request our permission to use the Marks at trademark@FreeBSDFoundation.org prior to any use of the Marks, and we may grant or withhold permission to use the Marks in our sole discretion.
3. If we grant you permission to use the Marks, your use of the Marks must always be fully and clearly reproduced, and you may not incorporate any of our Marks into the trademarks, service mark, logos, or name of your business, project, or organization, unless you have the express prior written permission of the Foundation.
4. The first time that you use the word "FreeBSD" in any medium, you must conspicuously indicate that "the mark FreeBSD is a registered trademark of The FreeBSD Foundation and is used by ______ <<Insert the name of your organization>> with the permission of The FreeBSD Foundation." If you use any of the other Marks in any medium, you must also conspicuously indicate that such Marks are trademarks of The FreeBSD Foundation and are used by ______ <<Insert the name of your organization>> with the permission of The FreeBSD Foundation.
5. You must use our Marks in their entirety. We must approve in writing in advance any variation in the form of our Marks.
6. A trademark symbol ® or ™, as applicable, should follow all prominent uses of the Marks.
7. Certain types of projects, products and packaging may require additional or different notices. Please contact us for more information and to discuss your intended use.
8. We may, in our discretion, limit the quantities of products or other materials that bear our marks.
9. You agree to indemnify, defend and hold harmless the Foundation, its directors, officers, employees, agents and representatives from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms and Conditions and (ii) your activities in connection with the use of our Marks.
By accessing and using the Marks, you agree to abide by the terms and conditions set forth above. The Foundation hereby reserves the right at any time and without advance notice, to change, modify, add or remove any portion of these Terms and Conditions in whole or in part, at any time, and any such change will be effective when notice of such change is posted. Your continued use of the Marks after any changes to these Terms and Conditions are posted constitutes your acceptance of those changes.
We realize these Terms and Conditions are being introduced at a point in time when some companies and individuals already have product names that include the Mark. Companies and individuals using the Marks as of May 1, 2006 will not be required to change their already existing product names to comply with these Terms and Conditions now or in the future. However, we do request that these companies and individuals give proper notice and attribution of our Marks and that any new product name will follow these Terms and Conditions.