MySQL AB Trademark Policy (September 2005)

1. Authorized Use of MySQL AB Marks.

A. MySQL AB "Conditional Use" Logos

MySQL AB has developed a family of "Conditional Use" Logos for those who wish to show their support for MySQL AB and its products and services by displaying such a logo in the user interface of a website. The "Conditional Use" Logos may be used without specific written permission from MySQL AB under the following conditions:

• The use must not be detrimental, i.e., harmful or damaging, to the value of any of the MySQL Marks, or to MySQL AB, its brand integrity, reputation or goodwill, as determined by MySQL AB in its sole discretion;

• The "Conditional Use" Logo must be a "clickable" link that leads directly to http://www.mysql.com/.

• If the website has password-protected areas, the "Conditional Use" Logo must be placed only in areas that are not password-protected

• If used in an application released under the GPL license, the application must be able to connect directly to a MySQL server

• The limited license given herein does not include the right to use any MySQL "Conditional Use" Logo or any other MySQL AB Logo as a trademark to promote your own products or services. For example, no MySQL AB Logo may be used on any product packaging or documentation, such as (without limitation) on CD-ROM or diskette labels or packaging, books or other publications. Any such use must be expressly authorized by MySQL AB in a signed, written agreement;

• The use of any MySQL AB "Conditional Use" Logo under this Section 1(A) must also comply with applicable provisions of this Trademark Policy, including (without limitation) Sections 2 and 3

The MySQL AB "Conditional Use" Logos:

If you have special needs that are not covered by the above, please contact MySQL AB at trademark@mysql.com to request special permission to use a MySQL AB mark.

MySQL AB reserves the right to revoke this authorization at any time in its sole discretion. For example, if MySQL AB believes that your use of any MySQL AB "Conditional Use" Logo is detrimental to any of the MySQL Marks or is otherwise unacceptable, MySQL AB will revoke this authorization. Upon revocation of this authorization by MySQL AB, you shall immediately cease using any and all MySQL AB "Conditional Use" Logo. If you do not immediately cease using all MySQL AB "Conditional Use" Logos upon revocation by MySQL AB, MySQL AB may take whatever action it deems necessary to protect its rights and interests. Although as a general rule you must never modify the design, add or delete any words, or change any colors when using a MySQL AB "Conditional Use" Logo, you may adjust the overall size of the logo, so long as adjustments are made proportionally.

USE OF ANY MYSQL AB "CONDITIONAL USE" LOGO IS AT YOUR OWN RISK. THE USES PERMITTED UNDER THIS SECTION 1(A) ARE PROVIDED BY MYSQL "AS IS," WITHOUT ANY WARRANTIES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF NON-INFRINGEMENT. YOU AGREE TO INDEMNIFY AND DEFEND MYSQL AB AND HOLD MYSQL AB, ITS SUCCESSORS AND ASSIGNS, HARMLESS OF AND FROM, ANY CLAIM, ACTION, SUIT, LOSS, COST, EXPENSE OR OTHER DAMAGES OR LIABILITY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COSTS OF INVESTIGATION) ARISING OUT OF OR RESULTING FROM YOUR USE OF ANY MYSQL AB "CONDITIONAL USE" LOGO IN VIOLATION OF THIS TRADEMARK POLICY. You agree that you will not acquire rights in any MySQL AB Mark through your use of any MySQL AB "Conditional Use" Logo. By using any MySQL AB "Conditional Use" Logo, you agree to the terms contained in this Trademark Use Policy.

B. General.

As a general rule, no person or entity may use (or authorize the use of) any of the MySQL AB Marks in any manner other than as expressly authorized by MySQL AB in a written agreement or above in Section 1(A). MySQL AB reserves the right to revoke any such authorization at any time in its sole discretion, such as where use does not strictly conform with the requirements of this Trademark Policy and/or MySQL AB's written authorization.

Partner and affiliate MySQL AB Logos.

MySQL AB has designed specific logos for use by partners and affiliates. These logos may only be used by parties having a written and signed agreement with MySQL AB allowing them to do so and under the conditions put down in that agreement.

As expressly provided in its written agreements with partners, MySQL AB generally grants to its partners certain non-perpetual rights to use special variations of the MySQL Logo. These special variations of the MySQL Logo denote the level of partnership with MySQL AB. Permission to use these special variations must be granted by MySQL AB in writing. The scope of these rights depend upon the partnership level in question, are subject to the terms of a written agreement with MySQL AB, and may be revoked at the discretion of MySQL AB

Information on how to become a partner of or affiliate to MySQL AB is available at http://solutions.mysql.com/. For questions regarding partnership or logo usage please contact partner@mysql.com.

D. Other Special MySQL Logos.

From time to time, MySQL AB may create or use special logos or variations of a MySQL Logo and attach specific terms of use to those special logos.

E. MySQL AB Certification logos

Persons who meet the requirements for certification according to the MySQL AB certification program, may use the appropriate Certification logos according to the "MySQL AB Certification Non-Disclosure and Logo Usage Agreement" at http://www.mysql.com/training/certification/candguide/sec-nda.html. Certification logos are not publicly available for download.

F. Product Packaging.

For users who have obtained a written license from MySQL AB to use a MySQL AB Mark on product packaging, each use of a MySQL AB Mark must use the appropriate trademark symbol and the attribution statement as explained in Section 3.

G. Publications, Lectures, PowerPoint & Other Presentations.

Third Parties may use MySQL AB Marks (except MySQL AB Logos) in the titles of publications, such as books or magazines, or in connection with presentations, provided that the use: (i) is referential only; (ii) does not use the MySQL AB Mark as a trademark; and (iii) complies with this Trademark Policy. MySQL AB Marks must always be attributed with the proper symbol and footnoted, as explained below, on all publications and presentations that are displayed to the public (sales, trade shows etc).

Since the MySQL AB Marks are used in these instances only to describe the content of the publication or presentation and are not used as trademarks to promote your own products and services, you should not attempt to establish trademark or other proprietary rights by registering, or attempting to register, the titles as trademarks, service marks, corporate names or trade names. In addition, your name or mark and logo should appear in a prominent location on the cover and title page of all publications and on all materials related to the presentations and should appear more prominent than the title incorporating the MySQL AB Marks on all printed materials related to the publications or presentations.

Please note that this Section 1(F) only permits referential use of a MySQL AB Mark (except any MySQL AB Logo)- it does not permit use of any MySQL AB Mark as a trademark. Without the express prior written consent of MySQL AB, no MySQL AB Mark may be used as a trademark to promote any publication, lecture or other presentation.

2. Unauthorized Use of MySQL AB Marks.

A. General.

Unauthorized use of the MySQL AB Marks or marks that are confusingly similar may constitute an infringement of MySQL AB's trademark rights and is strictly prohibited. Without the express prior written consent of MySQL AB, no MySQL AB Mark may be used in a manner that implies an affiliation with or sponsorship by MySQL AB.

B. Third Party Marks.

Unless expressly authorized by MySQL AB in writing, third parties generally may not use any MySQL AB Marks as part of their company names, trademarks or logos. In other words, no person or entity may combine any MySQL AB Mark with any third party trademark without the express prior written consent of MySQL AB.

No third party may name or rename a product or service of its own to include the word "MySQL" without the express prior written consent of MySQL AB. Furthermore, no third party may claim any right to register, or attempt to register, a trademark in any territory if the trademark in question includes "MySQL" or is in some other way similar to any MySQL AB Mark.

In the event that MySQL AB authorizes any of the above uses in writing, the MySQL AB Mark must be at least as large as the trademark or logo of the other company.

C. Internet Domain Names.

No third party may register or attempt to register an Internet domain name that includes "MySQL" or any of the MySQL AB Marks or any marks that are confusingly similar to the MySQL AB Marks. in a way that is detrimental, i.e., harmful or damaging, to the value of any of the MySQL Marks, or to MySQL AB, its brand integrity, reputation or goodwill, as determined by MySQL AB in its sole discretion.

D. Damaging Use.

The MySQL AB Marks may not be used in a manner or with respect to products that will decrease the value of the MySQL AB Marks or otherwise impair or damage MySQL AB's brand integrity, reputation or goodwill, including (without limitation) use in a manner that is unethical, offensive, disparaging, defamatory, illegal or in bad taste.

3. Guidelines for Proper Use of MySQL AB Marks.

A. MySQL AB Mark Table.

Listed below are the current MySQL AB Marks. This list will be updated from time to time, at the sole discretion of MySQL AB. In addition, MySQL AB may, at its sole discretion, modify the MySQL AB Marks at any time. Please refer to the MySQL AB Mark Table periodically to ensure your compliance.

The MySQL AB Word Marks

• MySQL
• MySQL Network
• MySQL Press
• MySQL Enterprise
• Alzato
• Sakila

The MySQL AB Logos

The MySQL AB Conditional Use Logos

The absence of a trademark, service mark, trade name or logo from this list does not constitute a waiver of MySQL AB's trademark or other intellectual property rights.

B. Proper Trademark Use.

Always use MySQL AB Marks as proper adjectives. A trademark is an adjective and must not be used as a verb or noun or in the possessive or plural forms. Every MySQL AB Mark has a "product descriptor" that follows the trademark.

Examples of Proper Use: MySQL software, MySQL database server, MySQL database management system, MySQL code, MySQL source code, MySQL binaries, MySQL training classes, MySQL support, MySQL services, MySQL partner.

Examples of Improper Use: MySQL's source code, MYSQLs, I MYSQL-ed my system.

Do not alter MySQL AB Marks. When using a MySQL AB Mark, never vary the spelling, add hyphens, make one word two, or use a possessive or plural form of the MySQL AB Mark. Do not abbreviate a MySQL AB Mark to create an acronym.

When using a MySQL AB Logo, you must never modify the design, add or delete any words, or change any colors or proportions. The logo may be scaled proportionally. The logo may in its entirety be displayed in black on white background OR in white on dark - black or one-coloured - background. The typesize of the trademark notice symbol may be adjusted.

The following colours or the closest possible approximations should be used when displaying the MySQL AB Logo in colour:

Blue colour: Pantone coated 3025
Tan colour: Pantone coated 145

The MySQL AB Logo must be used as a stand-alone icon in accordance with this Trademark Policy, without any other third party logos and/or trademarks combined or associated with it. At least a margin corresponding to the height of the "M" in the logo should be left empty around the logo in the background colour of the displayed logo. No additional text or graphics may be placed in the margin except trademark symbols and the words of logo versions specifically designed by MySQL AB.

Any MySQL AB Logo shall only be used in conjunction with MySQL AB products and services, except as specifically agreed in writing by MySQL AB or in Section 1(A) above.

C. Provide Trademark Notice Symbols.

When using any MySQL AB Mark, you should use the ® symbol. This symbol provides notice to third parties of MySQL AB's rights in its Marks.

MySQL AB word marks must bear the trademark notice symbol ® in the first and most prominent usage of a mark and again in the first appearance of a word mark in the text or body of copy. Notice symbols must always appear with all MySQL AB Logos. Wherever possible, trademark notice symbols should be superscripted immediately after all MySQL AB Marks. Once proper trademark notice symbols are used, and a MySQL AB Mark is correctly attributed to MySQL AB (as further explained below), in permitted materials, it is not ordinarily necessary to mark subsequent appearances of the trademark in the same text.

D. Statement for Correct Attribution.

All MySQL AB Marks that are used by third parties must be attributed to MySQL AB with our standard trademark attribution statement. The statement must always be a complete sentence, and ordinarily be placed in a visible place in the material referencing the MySQL AB Marks, e.g., on the copyright page, on the last page of the material, on the bottom of a web page, on a website's trademark policy page, or on product packaging. The following attribution statement must be used in all material referencing the MySQL AB Marks:

"[Insert the MySQL Marks that appears in that particular piece] is a registered trademark of MySQL AB in the United States, the European Union and other countries.

Examples:

• "MySQL is a registered trademark of MySQL AB in the United States, the European Union and other countries."

• "The MySQL Logo is a registered trademark of MySQL AB in the United States, the European Union and other countries."

E. Link to MySQL AB Website.

All uses of a MySQL AB Logo, such as the "Powered by MySQL" Logo, in a user interface should be linked from the logo to www.mysql.com.

4. General.

A. What is a trademark?

A trademark is a word, phrase, symbol or design, or a combination of those things, that distinguishes one company's products and services from the products and services of another. Thus, although a trademark is a symbol of the source of a product or service, a trademark is not the good or service itself. For example, MySQL AB brands its database server product and its other products and services using the MySQL trademark and the other trademarks, service marks, trade names, and logos identified in Section 3(A) of this Trademark Policy (collectively, the "MySQL AB Marks" or "Marks").

A service mark is simply a trademark that identifies the source of a service. A logo is a trademark that incorporates a design of some sort, such as the MySQL AB Mark that includes the "jumping dolphin" design. A trademark is not the same as a copyright or a patent.

B. Why trademarks are important.

Trademarks are important because they help to prevent confusion in the marketplace by distinguishing one company's products and services from the products and services of another. For example, when a user sees the MySQL mark on the MySQL server, the user understands that MySQL AB has either created or endorsed that product, and that the product is subject to the quality control standards of MySQL AB for that product. If anyone other than MySQL AB or one of its authorized partners or licensees were to use one of the MySQL AB Marks to promote a database server, users could be misled into thinking that the unauthorized person's products or services were created or endorsed by MySQL AB, or that those products or services met the quality control standards of MySQL AB.

C. Trademarks and the GPL License.

The GNU General Public License (the "GPL") is one of the ways by which MySQL AB distributes the MySQL server. The GPL permits third parties to use and redistribute the underlying software under certain circumstances. Such use and/or redistribution of MySQL AB software products are much welcomed by MySQL AB, but should be distinguished from the use of the MySQL Marks. The GPL does not provide any license or right to use any MySQL AB Mark in any form or media. Thus, although a GPL licensee may redistribute the underlying software, a GPL licensee may not use any MySQL AB Mark in doing so without the express prior written permission of MySQL AB. Otherwise, users could be misled into thinking that revisions made by a GPL licensee were created or endorsed by MySQL AB, or that those revisions met the quality control standards of MySQL AB.

D. To whom does this Trademark Policy apply?

This Trademark Policy applies to all of MySQL AB's authorized partners, authorized resellers, licensees, customers, and users of MySQL AB's products and services, or products that incorporate MySQL AB's products or services, as well as other third parties who wish to use the MySQL AB Marks (referred to as "Third Parties" or "you"). However, except as expressly provided in Section 1(A) below, this Trademark Policy does not constitute a license, implied or otherwise, to use any MySQL AB Mark or the MySQL AB company name. Although we encourage use of the MySQL AB "Conditional use logos" as provided in Section 1(A) above, generally, no person or entity may use any MySQL AB Mark without the prior, express written permission of MySQL AB.

By adhering to this Trademark Policy, you help MySQL AB to prevent confusion in the marketplace and to protect and enhance the value and integrity of its Marks. MySQL AB appreciates your cooperation in this effort.

5. Miscellaneous.

A. Third Party Licensors.

Some MySQL AB products include technology used under license from third party licensors. You must not use any such third party trademark without express permission from the owner. This Trademark Policy is limited to MySQL AB Marks and does not apply to marks owned by third parties.

B. Possible Infringements.

Please report any possible infringement and/or misuse of any MySQL AB Mark and/or a violation of this Trademark Policy at trademark@mysql.com.

6. Questions, Comments and Reports of Misuse.

Please contact MySQL AB at email address trademark@mysql.com.

Last modified: July 22, 2004