Legal Terms, Conditions and Disclaimers

Karellen "K" logo in its multiple variants made available by Karellen, Inc. (the Logo), "Karellen", "Karellen Overlord" and "Karellen Overmind" (the Trademarks, collectively with the Logo) are the trademarks, service marks or registered goods and service marks of Karellen, Inc. All other trademarks are property of their respective owners.

Karellen, Inc. is in the process of obtaining mark registration and will update the policy to reflect the successful completion of such registrations.

These Trademarks may not be used except as specified in this trademark use policy (the Policy), explicitly authorized in writing by Karellen, Inc. or otherwise permitted by law.

The following uses of the Trademarks are hereby authorized by Karellen, Inc. without requiring prior approval in writing by Karellen, Inc.:

Nominative Fair Use or Trademark Fair Use

You may use the Trademarks under the doctrine of Nominative Fair Use (Trademark Fair Use) as a reference to describe or identify Karellen, Inc. products and/or services, provided, however, that such use:

• is limited to that necessary for identification purposes; and
• in no way implies or suggests sponsorship or endorsement by Karellen, Inc.; and
• does not dilute the Trademarks used.

Open-Source Plugin Development

If you are developing software that is designed to work as a pluggable component or a module of the Karellen platform (the Plugin), you may use the Trademarks, with the exception of the Logo, to identify such Plugin as having utility and intended to operate within the Karellen platform or subcomponent(s) thereof, provided, however, that:

• such use of the Trademarks is accompanied by the word or words "unofficial", "third-party", "independent", "uncertified" or a synonym or translation thereof explicitly indicating the work being independent from and not approved or endorsed by Karellen, Inc.; and
• in no way implies or suggests sponsorship, endorsement, certification, quality assurance, acceptance, guarantee of compliance or compatibility or approval by Karellen, Inc.; and
• the Plugin is made available to the general public under an OSI-approved license.

Generally, the goal of the Policy as it relates to the Plugin development, is to ensure that the developers are free to create and distribute Plugins while simultaneously ensuring that the developers may not cause potential harm to the consumers by confusing them as to origin of the Plugin or by implying or suggesting Plugin's adherence to the strict quality, reliability, compliance and availability standards of the Karellen, Inc. products and services without the Plugin having been duly certified to be in such compliance and conforming to such standards by Karellen, Inc. Vice-versa, the additional goal of the Policy is to prevent the Karellen, Inc. trademark tarnishment by an unscrupulous Plugin developer whose poor product quality may negatively reflect on Karellen, Inc. goods, services and brands.

The following are the examples of acceptable and unacceptable uses of the Trademarks. The examples are not exhaustive and are for illustration purposes only.

Examples of Acceptable Use of the Trademarks in Open-Source Plugin Development

• "Unofficial Acme Cloud Plugin for Karellen Overlord version 1.2.3" - permissible, as the plugin is specified to be unofficial.
• "Uncertified Acme Reports Plugin for Karellen Overmind" - permissible, as the plugin is explicitly specified to be uncertified.
• "Acme Repository Plugin from Acme, Inc. for Karellen version 1.2.3 (uncertified)" - permissible, even though a particular version of Karellen product is specified, as no guarantee of compatibility is provided and lack of certification is specified.

Examples of Unacceptable Use of the Trademarks in Open-Source Plugin Development

• "Karellen Overlord-compliant Acme Cloud Plugin" - this is a prohibited use of the Trademarks, as it includes a statement of compliance without explicit written authorization by Karellen, Inc.
• "Acme Reports Plugin for Karellen Overmind" - this is a prohibited use of the Trademarks, as it may induce the consumer to believe that the Plugin is endorsed by Karellen, Inc.
• "Karellen Acme Repository Plugin, guaranteed compatible with version 1.2.3" - this is a prohibited use of the Trademarks, as it includes a statement of compatibility without explicit written authorization by Karellen, Inc.

Use of Trademarks

Any authorized use of the Trademarks must be in accordance with the following rules:

• If the Trademarks are used within a formal publication or communication, they shall be emphasized within the surrounding text by an appropriate use of (TM), (R), ™ or ®; or by the use of bold or italic font style; or both. The formal publication or communication do not include private personal or business communications, such as personal or business letters, emails, online discussions, personal non-profit blog posts and any cases where trademark designation is customarily not used. However, notwithstanding the preceding, mass mailings, whether physical or electronic, do constitute "formal publication or communication" if the communication was not directly solicited or initiated as part of a dialog or conversation between two or more parties, such as in the case but not limited to newsletters, commercial solicitations or advertisements.
• If the use of the Logo is authorized by this Policy or otherwise explicitly authorized by Karellen, Inc. the Logo may only be used in its unaltered original form, including but not limited to shapes, colors, proportions and font face, provided, however, that simple proportional scaling and/or use of lossy image compression and the inherent associated minor distortion shall not constitute alteration.
• The use the Trademarks must be such as to prevent the dilution, blurring or tarnishment of the Trademarks.

All types and manner of uses of the Trademarks, other than those specified above, including but not limited to any commercial or for-profit uses, are strictly forbidden without prior written approval by Karellen, Inc.

Karellen, Inc. reserves the right, in its sole discretion, to amend, expand, limit or rescind this Policy at any time.

Third parties are able to post code, text, express ideas or opinions on the publicly available sections of this website, including but not limited to comments and forums (the Third-party Content). In all such cases:

• Karellen, Inc. does not prescreen the Third-party Content, but Karellen, Inc. and its agents or designees have the right (but not the obligation) in their sole discretion to refuse or remove any posted Third-party Content; and
• any such Third-party Content is provided on a non-confidential basis; and
• Karellen, Inc. is under no legal obligations of any kind with respect to such Third-party Content; and
• Karellen, Inc. is free to use or disseminate such Third-party Content without any restrictions whatsoever; and
• Third parties grant Karellen, Inc. perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute the Third-party Content or the derivative works thereof.

In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall Karellen, Inc. be liable for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of the use or reliance on Third-party Content or out of the use or inability to use the Third-party Content (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses).

Third parties posting the content (the Posting Third Party or Parties) agree to and shall defend Karellen, Inc. against any claim, demand, suit or proceeding made or brought against Karellen, Inc. by a third party alleging that such posted Third-party Content, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Karellen, Inc. for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Karellen, Inc. in connection with any such claim, demand, suit or proceeding; provided, that Karellen, Inc. (A) promptly gives the Posting Third Party written notice of the claim, demand, suit or proceeding; (B) gives the Posting Third Party sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that the Posting Third Party may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Karellen, Inc. of all liability); and (c) provides to the Posting Third Party all reasonable assistance, at Posting Third Party's expense.