Zabbix Trademark and Logo Usage Policy

The objective of the Zabbix trademark policy is to encourage widespread use of the Zabbix trademarks by the Zabbix community, users and partners while controlling that use in order to avoid confusion on the part of Zabbix users and the general public, to maintain the value of the image and reputation of the trademark and to protect it from inappropriate or unauthorized use.

The sections below describe permitted use and restricted use cases, as well as rules of trademark use and other legal notes.

Some cases of permitted or restricted usage of trademark are described in FAQ on Trademark section. If you have any doubt about using Zabbix trademark after reading this Trademark policy, please contact us and a member of our team will be in touch with you shortly.

If you plan to use Zabbix logo and according to this Policy you are permitted to do so, we would highly appreciate if you would follow this simple Visual Identity Guidelines.

If you are aware of a breach or misuse of the Zabbix trademark in any way, we would appreciate you bringing this to our attention. Please use our contact form to report trademark abuse so that we can investigate this further.

The Trademark

Zabbix LLC, owns the Zabbix trademark. The trademark is registered in both word and logo form.

Any mark that contains the letters ZABBIX or ABBIX is sufficiently similar to Zabbix trademarks that permission will be needed in order to use it. This policy encompasses all marks, in word and logo form, collectively referred to as "Trademarks".

Permitted Use

This section describes certain usage of the Trademark when no specific permission from Zabbix LLC is needed. If your planned use of Trademark falls under this section, please do check the remaining part of the policy to ensure that it does not fall under restricted or not permitted use.

1. You exclusively use the Zabbix trademark to either extend or improve the Zabbix software, or to encourage the use of the Zabbix software (in short "foster the Zabbix software").

   Examples of "fostering the Zabbix software":
   • a course entitled "How to use Zabbix in your business" organized by a local non-profit organization or presentation named "Efficient ways to monitor your IT environment by Zabbix" given by Zabbix user at FISL;
   • an open access monthly journal called "Zabbix Coding magazine";
   • an open source plugin "... for Zabbix";
   • administering a database with Zabbix bugs and corresponding workarounds;
   • a presentation about your company or schema of your IT infrastructure which mentions the fact that your company environment is monitored by Zabbix software;
   • a sticker with Zabbix logo saying how much you love Zabbix on your car bumper, bike or laptop.
   Examples which do not qualify as "fostering the Zabbix software":
   • creating a Zabbix fork "Better Zabbix".
   Examples of not "exclusively to foster the Zabbix software":
   • a non-profit organization selling coffee mugs with the Zabbix trademark to sponsor achievement of its goals;
   • a company selling coffee mugs with the Zabbix trademark, while donating 50% of the profits to the Zabbix LLC.

   "Exclusively" means that any direct profits generated by using the Zabbix trademark, must also be exclusively used to foster the Zabbix software.

   Example:
   • a Zabbix user runs a website called "New to Zabbix" with helpful tutorials aimed at people new to Zabbix. This website contains ads under the form of sponsored links, which would normally not qualify for permitted use. However, because the referral code used for these ads is the Zabbix LLC's, any money earned goes directly to support the Zabbix project. Hence, this website can benefit from a permitted use.

2. The Zabbix trademark is used in the title of a book, newsletter, video, magazine, presentation or similar instructional instrument regarding Zabbix that does not suggest an official link between the material and Zabbix LLC.

   Note that we would appreciate to receive a copy of such a book, video, magazine, newsletter or other media, though this is not a requirement.

3. The Zabbix trademark is used for the title of a camp or meet-up that does not suggest the event being officially organized by Zabbix LLC or being global.

   Example:
   • "Zabbix Friends Camp 2009", "San Diego Zabbix User Meeting", "Zabbix Fans Party Buenos Aires".
   Example uses for which the license grant procedure must be followed:
   • "Zabbix Annual Forum", "Zabbix Global Camp 2012", "Zabbix Days 2011", "Zabbix Conference 2011".

   Note, however, that the license grant procedure must be used when the Zabbix trademark is used in combination with the words "conference", "convention", "association" etc. See examples Restricted Use section.

4. You want to display the official Zabbix logo for non-commercial use in a standalone and unaltered form, which does not create an "official link" between you and Zabbix.

   Standalone" means that the Zabbix logo is not part of another logo. For example, a local Zabbix user group that would like to create a "Zabbix Europe" logo by extending the word "Zabbix" with the word "Europe" will be entitled to restricted use that requires a trademark license. "Unaltered" means that the Zabbix logo cannot be changed in any way — e.g., by changing the color, by slightly altering the shape of the letters, etc.

   Examples which falls under permitted use:
   • creating a banner that displays the Zabbix logo to use during a social event;
   • using the Zabbix logo on your non-commercial website to let your visitors know you are a part of Zabbix community.
   Example uses for which the license grant procedure must be followed:
   • displaying the Zabbix logo on appliance or product packaging as it create an impression that appliance or product is produced, certified or verified by Zabbix (impression of official link);
   • a commercial organization that during the exhibition wants to put Zabbix logo on their stand to show that they provide professional services for Zabbix product.

5. You want to use Zabbix word trademark in describing and advertising your services or products relating to a Zabbix product, so long as you don't do anything that might mislead customers or create an "official link". For example, it's OK if your website says, "Custom developments for Zabbix monitoring solution available here".

6. Produce T-shirts, coffee mugs, desktop wallpaper etc. with Zabbix Trademark on them for yourself and your friends (meaning people from whom you don't receive anything of value in return). You can't put the Zabbix Trademark on anything that you produce commercially (whether or not you make a profit) without receiving written permission from Zabbix LLC.

7. Your intended use qualifies as "nominative fair use" of the Zabbix trademark, i.e., merely identifying that you are talking about Zabbix in a text, without suggesting sponsorship or endorsement by Zabbix LLC.

   Examples:
   • describing a new Zabbix release or Zabbix software functionality in a review;
   • referring to Zabbix in a comprehensive overview of monitoring solutions;
   • complaining in a blog about a missing feature in the Zabbix software;
   • reporting about a Zabbix Conference 2011 on your personal homepage;
   • putting a twit about Zabbix new version.

8. The use of the Zabbix trademark as part of the name of a function, procedure, variable name or similar source code component is also considered "nominative fair use" for which no license is required.

   Examples:
   • a procedure called zabbix_edit_item();
   • a constant called ZABBIX_AUTHENTICATED_RID;
   • a variable named $zabbix_img;
   • a set of source code files called zabbix.module and zabbix_.js.

Restricted use that requires a trademark license

This section describes usage of the Trademark when specific permission from Zabbix LLC is needed.

Please use the contact form to request a trademark license.

Permission may only be granted subject to certain conditions and these may include the requirement that you enter into an agreement with us to maintain the quality of the product and/or service which you intend to supply at a prescribed level.

Furthermore, a license fee may be requested for any commercial use of the Zabbix trademark.

Zabbix partners are granted specific permissions which are set out in partnership agreements. For details please consult with your partnership agreement or contact Zabbix.

1. The use of the Zabbix trademark suggests an "official link" between your product or service and Zabbix LLC (i.e., the product or service can be perceived as either emanating from Zabbix LLC, or being endorsed by Zabbix LLC).

   Examples:
   • a company called "Zabbix Services Inc.";
   • a course entitled "Zabbix Exams";
   • hardware appliance or any other manufactured item that bears Zabbix Trademark;
   • your product, services or company description containing the words "official partner", "approved reseller", "certified dealer", "regional agent".

2. The Zabbix trademark is used in combination with the words "agent", "association", "blog", "conference", "consulting", "convention", "development", "forum", "proxy", "remote troubleshooting", "server", "services", "solution", "support", "training", or "turn-key" or as well as any translation, abbreviation or variation thereof.

   Examples:

   "ZabbixCon", "ZabCon", "Zabbixconference", "Zabbixconvention", "Zabbix con", "Zabbix conference", "Zabbix Convention", "Zabbix Association".

3. The Zabbix trademark is used as part of another registered trademark.

   Example:

   if your company plans to register a trademark "Zabbix Plugin Optimizer", you have to get a permission from Zabbix LLC.

4. The Zabbix trademark is used as part of a domain name or URL.

   Examples for which you have to receive permission:
   • "Zabbix.ru", "Zabbix.info", "Zabbix.co.uk", "Zabbix.mycompany.com".
   • the Zabbix trademark is used as part of a domain.
   Examples of permitted use:

   "mycompany.com/zabbix", "myblog.org/projects/zabbix_howto".

5. The Zabbix trademark is used in a title of a website, title of a seminar, title of a course or title of a software package that is not exclusively intended to foster the Zabbix software, and this title does not also mention your trademark (or your trade name, name of your company, name of your organization, or name of your association).

   Examples:
   • when a "Zabbix Course for New Administrators" is organized by a commercial organization, the license grant procedure must be followed;
   • when a commercial organization "ABC" plans to launch a product called "Zabbix Cloud" that is not exclusively intended to foster Zabbix software, the license grant procedure must be followed.

6. The Zabbix trademark is used as part of the name of a company, organization, trade name or association.

   Examples:
   • a company named "Zabbix, Inc.", "Zabbix Experts GmbH" or "Zabbix Support BV"; "Zabbix Hosting LLC";
   • an organization called "Zabbix Italy" or "Zabbix User Group Argentina".
7. You want to use the official Zabbix logo in altered form or as part of another logo.
8. In a title, meta element, URL or other item of a web page whose sole intention or result is to influence search engine rankings or result listings or to gain profit from advertising, rather than for discussion, development or advocacy of the Trademark.
9. You want to use Zabbix Trademark within your advertising text when bidding on trademarked terms in any advertising engine.
10. There is any doubt as to how this policy should be interpreted or applied to a specific case.

Rules of Use

With the exception of the "nominative fair use" of the Zabbix trademark, your use of the Zabbix trademark is subject to the following rules, regardless whether you did not require special permission or a trademark license was obtained from Zabbix LLC:

1. Any use of the Trademark implies acceptance of this policy.
2. The Trademark cannot be used for illegal, defamatory or humiliating purposes, or any other purpose that may negatively impact the Zabbix software or image of Trademark.
   Examples:
   • a fork of Zabbix software entitled "A Better Zabbix";
   • a forum thread "Zabbix is useless" or web site devoted to "Why I hate Zabbix" (note, however, that merely mentioning or referring to the Zabbix software in a critical blog post or review qualifies as "nominative fair use", to which the rules of use do not apply).
3. The name of your company or organization should be used in combination with the Trademark so that there can be no confusion about the true source (company, organization, association or author) of your product or service. The combination of the name of your product or service with the Trademark must be unique and identifiable.
   Examples:
   • if your company is called "ABC", refer to your Zabbix consultancy product as "ABC Consultancy services on Zabbix", not "Zabbix Consultancy by ABC, Inc." or "Zabbix Consultancy"; or
   • if your company called "ABC" has a Zabbix blog, clearly refer to it as the "ABC Blog on Zabbix", " Blog on Zabbix published by ABC", but not "Zabbix Blog"
4. The trademark of your company may not be used in combination with the Zabbix Trademark without distinguishing these two trademarks by owner:
   Examples:
   • if your company called "ABC" has a product or service under trademark "CloudAgent", clearly indicate that the "ABC CloudAgent for Zabbix", instead of "Zabbix CloudAgent is a product (or service) of ABC" or "Zabbix CloudAgent by ABC", as putting together two different trademarks may create confusion about the real owner of Zabbix and your company trademarks.
5. Do not shorten, abbreviate, or create acronyms out of Zabbix trademark.
6. Do not use or display a Trademark on any web site that contains or displays adult content, promotes gambling, involves the sale of tobacco or alcohol to persons under age set by legislation, or otherwise violates applicable law.
7. Whenever Zabbix trademark is used, it has to be accompanied by the following text (or an appropriate translation):
   
   "Zabbix is a registered trademark of Zabbix LLC".
   
   For web content we would appreciate, if you could put a link to www.thakseen.com from word "monitoring software", "monitoring solution" or "Zabbix", but this is optional.

Updates

Zabbix LLC may change this Trademark policy at any time, releasing new versions of this Trademark policy or statement of permitted use of Zabbix trademarks without prior notice. You accept that all licenses accorded under this policy are non-exclusive, non-transferable, non-sub-licensable, and revocable at any time, and subject to changes in policy. Hence, changes in this policy may cause permissions to be revoked or made dependent on additional obligations.

Any changes to this Trademark policy will enter into force thirty (30) days after publication on the Zabbix web page.

Other legal notes

Any license granted under this policy can be terminated upon five (5) days prior written notice if you breach any provision of this policy. If your breach can be cured (and you have not previously breached this policy), you may be granted fifteen (15) days from the date of notice to cure the breach.

If any provision of this policy would be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceable of such provision shall not affect the other provisions of this policy, so that all other provisions shall remain in full force and effect. In such case, the invalid or unenforceable provision shall be replaced by a valid or enforceable provision that achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.

Publication date: 01.08.2012 Version: 1.1
This trademark policy is based on Ubuntu Trademark Policy, Linux Trademark Policy, Mozilla
Foundation Trademark Policy and subsequently licensed under CC-BY-SA.