High Performance Storage System

HPSS Logo Use Agreement

International Business Machines Corporation (“IBM”) is the owner of all right, title and interest in and to the HPSS logo (“Logo”).

By downloading and using the Logo files, you agree to the following terms and conditions. IBM grants you a non-exclusive, non-transferable, right and license to use the Logo on marketing materials, communications (including your web site) and other items in accordance with the terms of this Agreement to promote your products and services related to the High Performance Storage System (HPSS).

You will have no ownership rights in the Logo and will acquire no ownership rights in the Logo from your use of the Logo. All use and the goodwill created from your use of the Logo will inure solely to the benefit of IBM and the U.S. Department of Energy Laboratories. The Logo is provided “as is” with no warranty or indemnification.

You agree: (a) not to take any action which will interfere with any of IBM’s rights in and to the Logo; (b) not to challenge IBM’s right, title or interest in and to the Logo or the benefits therefrom; (c) not to make any claim or take any action adverse to IBM’s ownership of the Logo; (d) not to register or apply for registrations, anywhere, for the Logo or any other Logo which is similar to the Logo or which incorporates the Logo; and (e) not to use any trademark, anywhere, which is confusingly similar to the Logo.

You agree that you will not use the Logo in any way that says or suggests that IBM has endorsed, certified, approved or warranted your products or services, your web site, or anything else, including the quality, reliability, or performance of any of the foregoing. You agree not to use the Logo on any portion of any Web site that is the same or similar in appearance, layout or design to the appearance, layout or design of any portion of IBM’s Web site.

You agree not to modify or create your own version of the Logo and to include the following attribution statement in connection with your use of the Logo: “The HPSS logo is a trademark of IBM Corporation and is used by permission.”

You may not, either directly or indirectly, sub-license, assign, or in any way encumber the Logo or assign this Agreement. Any attempt to do so shall be void and will result in immediate termination of this license.

IBM may terminate your rights under this Agreement on five (5) days written notice to you if you breach any terms of this Agreement and the breach is not cured within ten (10) days, or if you engage in tarnishment of the Logo, dilution of the Logo, or other conduct detrimental to IBM’s interest in the Logo, including: (i) challenging or taking any action adverse to IBM’s rights in the Logo, or (ii) using or applying to register any Logo confusingly similar to or incorporating the Logo.

Following termination, you will have three (3) days to remove the Logo from your web sites and other marketing materials in your possession, and to provide IBM with written confirmation that such actions have been taken. In the event that the rights granted to you under this Agreement are terminated, you shall have three (3) days after the date of termination to remove the Logo from your web sites and other materials in your possession. You shall forthwith provide IBM with written confirmation that such actions have been taken.

This Agreement shall be governed and construed in accordance with the laws of the State of New York, United States without regard to or application of the conflicts of laws principles.

Important

Please agree to the HPSS Logo Use Agreement.

Logos:

• HPSS Logo White
  
  
• HPSS Logo Black