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Covenant Data Systems, Inc. Trademarks and Logo Usage Requirements

Preface

These Covenant Data Systems, Inc. ("Covenant Data Systems") Trademark and Logo Usage Requirements are applicable to all Covenant Data Systems organizations and to Covenant Data Systems business partners, resellers, developers, customers, advertising agencies, consultants, professional writers and editors, licensees and to third parties making reference to Covenant Data Systems Trademarks in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging. The Covenant Data Systems Trademark and Logo Usage Reuiqrements set forth that authorized legal policies for using or referring to Covenant Data Systems brands, trademarks, product and service names, logos, and slogans. Covenant Data Systems' brands, trademarks, names, and logos are among Covenant Data Systems' most important and valuable corporate assets. By following these guidelines, you help Covenant Data Systems protect its valuable trademark rights and strengthen Covenant Data Systems' corporate and brand identity, and help all of those benefitting from Covenant Data Systems' products and services by strengthening the identity and awareness of these important brands.

Introduction

The strength of Covenant Data Systems' corporate and brand image throughout the world depends, in large part, upon the consistency of the proper use of all of Covenant Data Systems' trademarks and service marks, including the Covenant Data Systems corporate logo and the various Covenant Data Systems product and service names, slogans, designs, and logos (collectively, the "Covenant Data Systems Trademarks"). Accordingly, the use of the Covenant Data Systems Trademarks should always be consistent with these guidelines. These guidelines constitute a user friendly identification system that can be used by Covenant Data Systems, Covenant Data Systems' corporate partners, resellers, developers, customer and licensees, advertising agencies, etc. to refer to Covenant Data Systems and its products and services.

Where to Find More Information

If you have questions or would like further information regarding the Covenant Data Systems trademarks or the Covenant Data Systems Trademark and Logo Usage Requirements, please contact the Covenant Data Systems Legal Department's Trademark Group as follows:
Covenant Data Systems, Inc.
4455 South Padre Island Drive, Suite 45
Corpus Christi, Texas 78411
Attn: Legal Department - Trademark Group
Fax: (361) 854-5919
E-mail: legal@covenantdata.com

Definitions

"Covenant Data Systems" refers to Covenant Data Systems, Inc. and all of its subsidiaries, business units, and divisions worlwide. "Covenant Data Systems Trademarks" refer specifically to the Covenant Data Systems master brand and family brands namely Eagle Reports; and generally to all other product names, product feature names, service names, program names, logos, slogans, trade dress, and all other designations used to identify any product or service offered by Covenant Data Systems. "Covenant Data Systems Logo" consists of the enlarged word "Covenant Data Systems" and should always appear according to the specifications set forth in the Covenant Data Systems Standards Guide. For further information, please contact the Covenant Data Systems Marketing Department. "Covenant Data Systems Dress" refers to the overall (i) appearance of Covenant Data Systems' product packaging, web site, and marketing materials and (ii) external product design of Covenant Data Systems' products, including distinctive features such as the Covenant Data Systems name, the appearance for which should always be according to the specifications contained within the Covenant Data Systems Standards Guide. Standards include typeface specifications and clear space and size requirements. For further information, please contact the Covenant Data Systems Marketing department.

Why Protect Trademarks?

Properly used, a trademark can be legally protected indefinitely. However, if it is used improperly, a trademark can become diluted or fall into generic use and lose its protected status. Words such as aspirin and zipper were once trademarks that became generic because their owners did not protect them properly.

Covenant Data Systems does not want its valuable trademarks added to the list of trademarks that have become generic. The responsibility for protecting our trademarks occurs every time each trademark is used by a Covenant Data Systems employee and our licensees - whenever the trademarks are published, including in products, presentations, books, marketing materials, or advertisements.

Trademark rights are acquired by the proper and continuous use of the trademark. Because correct use of our trademarks is important to Covenant Data Systems, we have drafted the following guidelines.

Use of Trademark Symbols and Legends

Rules of Proper Trademark Use
Third parties may refer to Covenant Data Systems products, technology and services by their associated Covenant Data Systems Trademarks, as long as such references are (i) truthful, fair, and not misleading and (ii) the use adheres to the guidelines set forth herein, which may be modified from time to at Covenant Data Systems' sole discretion.

Trademarks are adjectives - not nouns or verbs. Accordingly, a trademark may not be used alone, as a noun. Rather, as often as possible, a trademark should be used as an adjective immediately preceding the generic noun that describes the product in question.

An exception to the rule is the Covenant Data Systems name, which is not only a used as a mark to identify products and services, but also as a company name. Accordingly, when using the Covenant Data Systems name as a reference to the company, the name may be used as a noun (i.e. in a press release: "Covenant Data Systems announced today the release of a new line of msp services.")

As adjectives, trademarks are not to be used in possessive form. For example, one would not refer to "Covenant Data Systems features" but rather to "...the features of the Covenant Data Systems technology" or the "Covenant Data Systems technology's features."

As adjectives, trademarks are not to be used in plural form. For example, one would not refer to "Covenant Data Systemses" but rather to "Covenant Data Systems products" or "Covenant Data Systems tools".

Since a trademark is not a verb, it must never be used as a verb. For example, one should not use "Covenant Data Systemsize".

Covenant Data Systems trademarks are Covenant Data Systems' brands and the symbols of Covenant Data Systems goodwill worldwide. They should be treated with respect as valuable corporate assets of Covenant Data Systems.

Accordingly, they should not be used as the object of puns or the like.

Always spell and capitalize Covenant Data Systems' trademarks exactly as they are shown in the Covenant Data Systems Trademarks List. The ONLY shortened or abbreviated form Covenant Data Systems is "CDS" and it is to be used always in an adjective form. For example, one would not refer to "Covenant Data Systems Time Tracker 2007" by rather to "CDS Time Tracker 2007".

Covenant Data Systems Trademark List

Eagle Reports™ CDS Time Tracker™ 2007 CDS Site Studio™ 2007

ASP.NET and all .Net marks are trademarks or registered trademark of Microsoft Corporation in the U.S. and other countries.

Java and all Java-based marks are trademarks or registered trademark of Sun Microsystems, Inc. in the U.S. and other countries.

All other brand and product names may be trademarks or registered trademarks of their respective holders.

Trademark Legends

All Covenant Data Systems trademarks that are used in a particular piece must be attributed with an appropriate trademark legend. The legend may be presented in "mouseprint" but must be large enough to be legible. It generally appears at the end of a document or on the back of a package, but it may be placed elsewhere, e.g., the front inside cover of documentation, or the bottom of a web page.

Covenant Data Systems uses a standard trademark legend that does not change except to add the marks that are referenced in the "Covenant Data Systems, the Covenant Data Systems Logo [insert all other Covenant Data Systems Trademarks, Logos, Product Names, and slogans that are referred to or displayed in the document] are trademarks or registered trademarks of Covenant Data Systems, Inc. in the United States of America and other countries."

Third-Party Use of Covenant Data Systems Trademarks

Only certain approved uses of Covenant Data Systems Trademarks may be used by Covenant Data Systems business partners, licensees, and other third parties. Unauthorized use of Covenant Data Systems Trademarks or of marks that are confusingly similar to Covenant Data Systems Trademarks may constitute an infringement of Covenant Data Systems' trademark rights. Following are Covenant Data Systems' general policies regarding third-party use of Covenant Data Systems Trademarks:

No Use of Covenant Data Systems Trademarks in Third-Party Company or Product Names
Unless a third party enters into a written trademark license with Covenant Data Systems or other contract that licenses Covenant Data Systems' Trademarks, third parties may not use, in whole or in part, the Covenant Data Systems mark, the Covenant Data Systems logo, or any other Covenant Data Systems Trademark or confisingly similar name or mark as all or part of their company, product, trade, or service names, marks, or logos.

No Use of Covenant Data Systems Trade Dress by Third Parties
Third parties are prohibited from using or imitating Covenant Data Systems Trade Dress (see Definitions) for their own products, including any of the distrinctive ornamental features of Covenant Data Systems products and packaging, web site and marketing materials.

Promptly Report Suspected Infringements
Please report any infringement of the Covenant Data Systems Trademarks or Covenant Data Systems Trade Dress to the Legal Department. Please provide as much detail as possible regarding the identity of the possible infringer as well as the suspected infringing use.

Proper References to Covenant Data Systems Products or Services Okay
Third parties may use Covenant Data Systems Trademarks to refer to Covenant Data Systems products and services on packaging, promotional/advertising materials to describe, for example, that the third party product is compatible with the referenced Covenant Data Systems product or technology, provided they are used in compliance with all of the guidelines set forth above and with the following additional requirements:
The Covenant Data Systems trademark is used in a referential phrase such as "developed with", "for use with", "for", or "compatible with".
The Covenant Data Systems trademark appears less prominent that the third party product name.
The product is in fact developed with, compatible with, or otherwise works with, the referenced Covenant Data Systems product.
The reference to Covenant Data Systems does not imply any endorsement, sponsorship by, or other false associations with Covenant Data Systems or Covenant Data Systems products.
The use does not refer to Covenant Data Systems or its products in a false, misleading, or disparaging light.
The Covenant Data Systems Logo is not used.

For example, a reseller that has entered into a trademark license with Covenant Data Systems may use Covenant Data Systems Trademarks in its advertisements to advertise the Covenant Data Systems products that bear those trademarks, as long as the reseller properly uses the marks and the appropriate trademark symbol and legend. Similarly, while a reseller or distributor is not permitted to indicate that this software is intended for Covenant Data Systems systems by incorporating Covenant Data Systems Trademarks in the name of its software product, it may use a descriptive phrase that truthfully states that the product is for Covenant Data Systems systems, technology, or software.

Use of Trademark Legend
Third parties should not include legends or other statements that state or suggest that they have or are claiming any rights in any Covenant Data Systems Trademark. In those cases where Covenant Data Systems Trademarks are licensed, the licensee will often be obligated to include a statement attributing ownership of the marks to Covenant Data Systems, such as the following: Covenant Data Systems Trademarks and logos are trademarks or registered trademarks of Covenant Data Systems, Inc in the U.S. or other countries and are used under license.
If you are unsure whether a particular third party use requires an attribution legend, contact the Covenant Data Systems Legal Department.

No Use of Covenant Data Systems Logos
Covenant Data Systems's third-party business partners (e.g. resellers, distributors, independent sales or service organizations) may not use the Covenant Data Systems Logo or any other Covenant Data Systems Trademark as part of their own logo or company name. However, such parties may use our logos on or in connection with their web sites, products, packaging, manuals, promotional/advertising materials, or as specified in an express wirtten license agreement from Covenant Data Systems.

Fair and Descriptive Use of Covenant Data Systems Trademarks: Publications, Seminars, and User Groups
A third party can use a Covenant Data Systems Trademark in the titles of books, magazines, e-zines, periodicals, other publications, educational seminars, training seminars, or user groups, provided the use is referential and less prominent than the rest of the title and the use reflects favorably on both Covenant Data Systems and Covenant Data Systems products or technology. A space should separate the Covenant Data Systems trademark from the rest of the title and you should not claim rights in the portion of the title referring to the Covenant Data Systems Trademark.
The copany name and logo of the third party should appear in a prominent location on all materials relating to the publication, seminar, or user group, as follows:
For publications: the publisher's name and logo should be displayed prominently on the masthead and in the publication block.
For books: the publisher's name and logo should be displayed prominently on the cover, spine, and title page.
For seminars and classes: the provider's name and logo should be prominently displayed on all materials and only individual class or seminar titles may include a Covenant Data Systems Trademark descriptively to indicate that the content of the class or seminar is related to a particular Covenant Data Systems product or technology. In advertising and promotional material, class, and seminar titles should be displayed far less prominently than the provider's own name and logo.

Do Not Use Any of Covenant Data Systems's Logos
Do not use any of Covenant Data Systems' logos in your publications or materials for seminars, user groups, trade shows, conferences, and expositions, uinless you have a written license from Covenant Data Systems permitting such use. Do not do anything else that might be understood to suggest association with or sponsorship by Covenant Data Systems.

Use the Appropriate Trademark Attribution
For ALL of the descriptive uses described above, you must use a legend in the following form in your legal notices and publication block (if a magazine) and on all materials referencing the Covenant Data Systems Trademark:
[Inset the Covenant Data Systems Trademark, e.g. "Covenant Data Systems, etc."] are trademarks or registered trademarks of Covenant Data Systems, Inc. in the United States and other countries. [Insert publisher, producer, or priver name is independent of Covenant Data Systems, Inc. OR (Title) is an independent (publication) and has not been authorized, sponsored, or otherwise approved by Covenant Data Systems, Inc.

Do Not Attempt to Claim or Establish Trademark Rights in Title
Since the above descriptive uses of Covenant Data Systems are intended merely as a reference to Covenant Data Systems' products and services (and not as a trademark use or form of branding your own products and services with Covenant Data Systems' marks), you should not attempt to claim or establish trademark rights in the name or title of your publication, seminar, user group, conference, trade show, or exposition to the extent that it references or incorporates any trademark. Do not register or use the name or title as a trademark, service mark, trade name, or DBA (doing business as) name.

COVENANT DATA SYSTEMS RESERVES THE RIGHT TO MAKE CHANGES TO THESE GUIDELINES AS IT DEEMS NECESSARY OR APPROPRIATE.