Logo Agreement

Double-Take Software Corporate Logo ("Logo"). On this page are the limited circumstances under which third parties (also defined as "You" or "Your") may use the Double-Take Software Corporate Logo. The Logo must always be used pursuant to the specifications on this page to identify Double-Take Software, Inc., or Double-Take Software, Inc. products or services. Any use that falls outside of these specifications is strictly prohibited unless otherwise agreed to in a writing signed by an officer of Double-Take Software, Inc. For any other uses, please contact the Contracts Department at crosenhahn@doubletake.com with a copy to agirardi@doubletake.com. By clicking I agree below, you acknowledge that You are authorized to sign agreements for your company and that You agree to these terms and conditions.

Third parties may only use the Logo without a license under the following limited circumstances:

• At the bottom of advertising, marketing collateral, or a website that references your connection with Double-Take Software (for example, the material states that you are an authorized distributor or reseller of Double-Take Software products) provided that the area in which the Logo is used includes the corporate logos of two (2) or more software or hardware companies with which you have a similar relationship.
• In an area of a website, advertising, or marketing collateral exclusively dedicated to the sale of Double-Take Software products, and in such a manner that associates licensed Double-Take Software products with the Logo.

The following guidelines must be followed for all use of the Logo: (The full Logo usage guidelines can be found on the Double-Take Software website at www.doubletake.com

1. The Logo may not be used in any manner that might imply that any non-Double-Take Software materials, including but not limited to goods, services, websites, or publications are sponsored, endorsed, licensed by, or affiliated with Double-Take Software.
2. The Logo may not be displayed as a primary or prominent feature on any non-Double-Take Software materials. When using the Logo pursuant to these guidelines You must also display in the primary and more prominent position, Your own logo(s), business name, product names, or other branding.
3. The Logo may not be imitated or used as a design feature in any manner.
4. The Logo may not be used in a manner that would disparage Double-Take Software, Inc. or its products or services.
5. The Logo must be used as provided by Double-Take Software with no changes, including but not limited to changes in the color, proportion, or design, or removal of any words, artwork, or trademark symbols. The Logo may not be animated, morphed, or otherwise distorted in perspective or appearance. The Double-Take Software, Inc. swoosh can not be altered in any way.
6. You must always use Logo artwork that is provided by the Double-Take Software Marketing department on either disk or server.
7. The Logo must stand alone and may not be combined with any other object, including but not limited to other logos, words, graphics, photos, slogans, numbers, design features, or symbols. The Logo must never be used to represent the word Double-Take or Double-Take Software in text, including in a headline, product-name logotype, or body copy.
8. The Logo must not be incorporated or used in any manner as part of, or in close proximity to another company's name, domain name, product or service name, logo, trade dress, design, slogan, or other trademarks. The Logo must never appear with any other symbol or icon (except the registered trademark symbol); contained within a box, circle, or other shape; or combined with any other name, logo, or icon to create a co-branded logo.
9. The attribution clause "Double-Take, NSI and GeoCluster are registered trademarks of Double-Take Software, Inc. in the United States and/or other countries. Balance, Double-Take for Virtual Systems, and Double-Take for Virtual Servers are trademarks of Double-Take Software, Inc. in the United States and/or other countries " must accompany use of the Logo.
10. Neither the Logo nor the Double-Take Software name may be used in any other company name, product name, service name, domain name, website title, publication title, or the like.
11. Non-Double-Take Software materials should not mimic any Double-Take Software advertising, product packaging, or website design.
12. Double-Take Software reserves the right in its sole discretion to terminate or modify permission To display the Logo, and may request that third parties modify or delete any use of the Logo that, in Double-Take Software's sole judgment, does not comply with these guidelines, or might otherwise impair Double-Take Software's rights in the Logo. Double-Take Software further reserves the right to object to unfair uses or misuses of its trademarks or other violations of applicable law.
13. Use of the Logos does not imply Double-Take Software's endorsement of Your products and/or services. You are solely responsible for the performance of your products and services, and for any claims You make with regard to Your products and services.
14. This Agreement (and any and all amendments thereto) and its validity, construction and performance shall be governed in all respects by the laws of the State of Delaware, without giving effect to principles Of conflicts of law. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in the State of Delaware, and the parties hereby agree and consent to such jurisdiction and venue.
15. LIMITATION OF LIABILITY. IN NO EVENT WILL DOUBLE-TAKE SOFTWARE, INC BE LIABLE TO YOU FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN RELATION TO THIS AGREEMENT, EVEN IF DOUBLE-TAKE SOFTWARE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

By clicking I agree below, you hereby acknowledge that you are authorized to sign agreements for your company and that you agree to these terms and conditions.

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