# Important notice: this is a translation of the original license written in French

# OpenFEM TRADEMARK LICENSE

1- Introduction

The aim of the present license is to establish the conditions under which you can use the TRADEMARK. Nevertheless, the OWNERS remain the sole holders of all intellectual property rights relative to the TRADEMARK and retain the full enjoyment and use of these rights.

2- Definitions

In the present license, TRADEMARK refers to the OpenFEM trademark initially registered in France under the number 02 31 58 304 to characterize products and services in the classes 9, 38 and 42, and in particular the OpenFEM software.
The OWNERS are the "Institut National de Recherche en Informatique et en Automatique (INRIA)", located at Domaine de Voluceau, BP 105, 78153 Le Chesnay Cedex, France, and the company SDTools located at 52 rue Vergniaud, 75013 Paris, France.

3- Object

By the present license, the OWNERS grant you a royalty-free, non-exclusive license to use the TRADEMARK exclusively in association with the OpenFEM software distributed under the LGPL license attached to the present agreement.

The granting of the present license is applicable to all the territories in which the TRADEMARK is validly registered and/or protected. All other uses will be at your own risk.

You can affix the TRADEMARK on the OpenFEM software when it is copied and/or distributed under the conditions stated in article 1 of the associated LGPL license. The TRADEMARK must be written in black in the following form: OpenFEM.

4- Duration

The present license is granted for a period of ten years starting from August 1st 2002 as long as the TRADEMARK is still in force.
Upon the expiration of this period, the present license can be renewed by the OWNERS.

5- Your obligations

- You commit to using the TRADEMARK exclusively in association with the OpenFEM software.
- You commit to making all necessary verifications before any use of the TRADEMARK to any purpose under the conditions stipulated in this license, and to renew these verifications as often as possible.

6- Counterfeiting

You will make your best efforts to inform the OWNERS of any claim or legal action in counterfeiting directed against you, as well as of any kind of infringement or illegal imitation of the TRADEMARK that may come to your attention.
Only the OWNERS can decide on the expediency of suing the TRADEMARK counterfeiters indicated by you.

If you are sued for counterfeiting by a third party because of your use of the TRADEMARK, the OWNERS shall make their best efforts to assist you in your defence. This commitment is limited to an obligation of means.

7- Assent

By using the TRADEMARK, you are presumed to be aware of and to have accepted all rights and obligations resulting from the present license.

8- Assignment of the TRADEMARK

The OWNERS retain the right, during the contractual period, to assign their rights on the TRADEMARK, without this affecting the present license.

9- Termination

The present agreement is legitimately terminated, without notification, in case of relinquishment, waiver, forfeiture, or loss of trademark rights consecutive to a court's final awards.

10- Effects of the termination of the agreement

In cases of termination or breach of this agreement, whatever the cause and the moment, you should promptly withdraw any reference to the TRADEMARK in any form and on any support, and in general refrain from using the TRADEMARK.

11- Binding effect

This license has the binding value of a contract. You are not responsible if a third party does not comply with the present license.

12- Settlement of disputes and governing law

In case of a dispute not amicably resolved by the parties, the OWNERS and you agree to submit it to one or several arbitrators chosen jointly according to the rules of arbitration of the International Chamber of Commerce(http://www.iccwbo.org).
For the interpretation and/or the execution of the present agreement as well as for the associated arbitration procedure, the present contract is governed by the French law.