Fractal Enterprise Trademark and Copyright Usage Guidelines

Fractal Enterprise’s trademarks and copyrighted works include: b​rand names, logos, website content, video and other matter protected under trademark copyright law.

These are among our most valuable assets. These Guidelines are intended to help our partners, customers, developers, consultants, publishers, and/or any other third party understand when and how they may use our trademarks and copyrighted works properly in promotional, commercial, educational or reference materials, and when they may not.

We have included a summary of high level points below for your reference; however, y​ou are responsible for carefully reviewing these Guidelines in their entirety​ before using any of Fractal Enterprise’s trademarks or copyrighted works.

Summary of our Usage Guidelines:

  • You must always use Fractal Enterprise’s trademarks and copyrighted works in accordance with these Trademark and Copyright Usage Guidelines (“Guidelines”) as well as any other guidelines Fractal Enterprise has provided you.
  • Fractal Enterprise can modify or revoke at any time, in its sole discretion, any permission we grant you to use our trademarks and copyrighted works unless specifically prohibited in a separate agreement.
  • All rights we grant you to use our trademarks and copyrighted works require that you specify that the trademarks and copyrighted works belong to Fractal Enterprise.
  • You agree not to challenge Fractal Enterprise’s ownership of its trademarks and/or copyrighted works.
  • We make no warranties of any kind with any permissions we grant of Fractal Enterprise’s trademarks and copyrighted works.
  • You may not transfer the rights granted in these Guidelines to anyone else.

What Is a Trademark?

A trademark is a word, name, symbol, design or device (or a combination of these) that identifies the goods or services of a person or company and distinguishes them from the goods or services of others. A trademark assures consumers of consistent quality with respect to those goods or services and aids in their promotion.

Unless we grant written permission in a contract or other document, or describe below a permitted use, you may not use any of Fractal Enterprise’s trademarks. But, even after we grant such permission, we retain the right to modify or revoke such permission in our sole discretion unless otherwise prohibited in a separate agreement. If you have questions about these Guidelines as they pertain to trademarks, please contact us a​t​ t[email protected].​

What Is Copyright?

Copyrights are exclusive rights in original works, including certain written, pictorial and graphical works, audiovisual works, and computer programs. The owner of a copyright in a work has the right to exclude others from reproducing, displaying, distributing, creating derivative works from, performing, or otherwise using the work. Fractal Enterprise owns copyright in its logos, website designs and content, videos and other promotional materials, and its proprietary computer code, as well as other works not specified here.

You may not use, reproduce, distribute, or create derivative works from any copyrighted work, or any portion of a copyrighted work, owned by Fractal Enterprise without first receiving a license or a fully executed Permission to Use Trademark and/or Copyrighted Work form accessed h​ere.​​ But even after we grant you permission to use a work by providing you an executed copy of the Permission to Use Trademark and/or Copyrighted Work form, we retain the right to modify or revoke that permission in our sole discretion unless prohibited in a separate agreement. If you have questions about these Guidelines as they pertain to copyright, please contact us at [email protected].​

Permitted Use of Fractal Enterprise’s Trademarks and/or Copyrights

  • You may refer to Fractal Enterprise’s trademarks in word form only t​o describe accurately how your products or services relate to our products or services, so long as you follow these Guidelines and make clear that your products and services are not offered, sponsored or endorsed by Fractal Enterprise.
  • Do not shorten or abbreviate any of Fractal Enterprise’s trademarks or use any of Fractal Enterprise’s trademarks in plural, possessive or modified form.
  • Where your reference to any of Fractal Enterprise’s trademarks is primarily intended for a U.S. audience or will be distributed through a U.S. website, publication, or trade show, include the ® or TM symbol associated with the mark(s) at issue, as appropriate. The ® or TM symbol need only be used on your first or most prominent reference to said mark(s). Do not include any symbol after any of Fractal Enterprise’s trademark(s) if your publication is intended for use or distribution outside the U.S.
  • You may only use any of Fractal Enterprise’s logos under license or other written contractual permission. If a specialized logo has been assigned to you in writing to designate your business relationship with Fractal Enterprise, use of such specialized logo under these circumstances shall strictly comply with the form and extent of permission granted to you, and must remain in compliance with all applicable then current Fractal Enterprise trademark, copyright and/or logo usage guidelines.
  • When referencing any of Fractal Enterprise’s trademarks in text, you must distinguish said mark(s) from the surrounding text by capitalizing the first letter in each word of such Fractal Enterprise trademark(s).

Prohibited Use of Fractal Enterprise’s Trademarks and/or Copyrights

  • You may not incorporate any of Fractal Enterprise’s trademarks or logos or any other recognizable portion of any of Fractal Enterprise’s trademarks or logos, in your company’s name, app name, publication title, conference title, website name, domain name, social media handle or other source identifying materials (e.g. <fractalXYZ.com>​ or <X​YZforge.com>​ as your domain name/website address or name your product “XYZ FractalFORGE,” or “FractalXYZ”), without Fractal Enterprise’s express prior written permission, which may require a license agreement. Except as otherwise contractually provided, Fractal Enterprise reserves the right to modify or withdraw any such permission at any time.
  • You may not use any trademark or service mark that is likely to be confused with any of Fractal Enterprise’s trademarks in your company’s name, app name, publication title, conference title, website name, domain name, social media handle or other source identifying material or otherwise give the impression of affiliation with or endorsement by Fractal Enterprise (e.g., a name or brand that may be viewed as being a part or extension of a Fractal Enterprise trademark “family”). You may not use abbreviations or foreign language translations of any of Fractal Enterprise’s trademarks.
  • You may not purchase any of Fractal Enterprise’s trademarks as an ad word or advertising keyword from any search engine, social media forum, or other online venue without express written permission from Fractal Enterprise, which permission may be withdrawn if you violate these Guidelines or any supplementary guidelines which may apply to you.
  • You may not display or otherwise use or incorporate any of Fractal Enterprise’s logos, designs, website content, videos, testing materials, or any other trademark or copyrighted work of Fractal Enterprise on your website, social media forums, marketing collateral, any publicly facing presentation materials, other promotional materials, or otherwise in connection with your products or services without a license or fully executed Permission to Use Trademark and/or Copyrighted Work form.
  • You may not modify or alter any of Fractal Enterprise’s logos, designs, or other trademarks or copyrighted works in any manner. You may not incorporate any of Fractal Enterprise’s logos, designs, or other trademarks or copyrighted works in your own company logo or product logo, except under license.
  • You may not use typestyles or fonts for your company name or product name that look like those of Fractal Enterprise’s trademarks, logos or stylizations, if the use creates the potential impression of an association between Fractal Enterprise and your company. You may not use logos, designs or stylizations that incorporate design elements of, or look similar to,​ l​ogos, designs or stylizations of Fractal Enterprise ​(e.g., you may not feature your company name or brand name inside the Fractal logo design)​.
  • You may not use any of Fractal Enterprise’s trademarks or copyrighted works in a disparaging way or in any way which dilutes, tarnishes or otherwise conflicts with Fractal Enterprise’s ability to use and/or enforce its trademarks or copyrighted works, even if such use is under license.
  • Unless provided under a license or covered under terms of service, you may only use Fractal Enterprise source code labeled as “sample source code” or the like to run your application on a Fractal Enterprise service or to interoperate with a Fractal Enterprise service.

Appropriate Attribution Language

For Trademarks:​ 

Where you have been granted Fractal Enterprise’s written authorization to use a specific trademark, you must always include the appropriate trademark attribution language provided for in your written authorization, or by placing the following statement at the bottom of the first page on which you use the trademark:

“[insert Fractal Enterprise trademark] is a trademark of Fractal, Inc., and is used here with permission.”

For Copyrighted Works:​

Where you have been granted Fractal Enterprise’s written authorization to use a copyrightable work (video, screenshot, blog post, etc.), you must always include the appropriate copyright attribution language provided for in your written authorization, or by including the following statement:

“© 2XXX Fractal, Inc. All rights reserved. Used here with permission.” (Note 2XXX is the year set forth in Fractal Enterprise’s copyright notice.)

Fractal Enterprise Platform and Marketplace

  • Fractal Enterprise may authorize you to use its APIs. However, a grant of permission to use these technologies does not include permission to use any of Fractal Enterprise’s trademarks or copyrighted works unless express written authorization is also provided.
  • These Guidelines and any relevant supplementary guidelines shall apply to your use and/or participation in the FractalFORGE Platform and all related programs. By way of example only, you may not use corporate or app names that incorporate the Fractal Enterprise trademarks such as ImplementationFORGE or FractalSync. These names would be blocked from use in or in connection within the Fractal Enterprise ecosystem.
  • You may refer to Fractal Enterprise’s trademarks in textual descriptions to accurately describe the source or function of your new software, for example, “[Your Application Name] was developed on Fractal Enterprise’s FractalFORGE platform.” You should not incorporate any of Fractal Enterprise’s trademarks in the code names for your own software projects, even if they include source code from Fractal Enterprise.

General Guidelines

These Guidelines are not intended to be an exhaustive list of Fractal Enterprise’s rights in its trademarks and copyrighted works. Fractal Enterprise reserves all rights in its intellectual property, including rights not expressly described in these Guidelines. Any goodwill derived from your use of any of Fractal Enterprise’s trademarks under license or pursuant to the Guidelines inures solely to Fractal Enterprise’s benefit.

If you have a business relationship with Fractal Enterprise, you may have received additional guidelines outlining prohibited and permitted uses of Fractal Enterprise’s trademarks and/or copyrighted works, including written requirements for the size, typeface, colors, and other graphical characteristics for each. Any such additional guidelines merely supplement and do not replace these Guidelines.

Fractal Enterprise requires you to abide by these Guidelines as well as all applicable supplementary guidelines and retains the right at all times, in its sole and absolute discretion, to modify or revoke any permissions provided in these Guidelines or in relation to these Guidelines.

The permissions provided in these Guidelines are provided free of charge. Fractal Enterprise shall not be liable to you for any damages arising out of use of the Fractal Enterprise trademarks or copyrighted works pursuant to these Guidelines—whether direct, indirect, incidental, special, consequential, punitive, exemplary or otherwise.