On Mon, 16 Apr 2007 09:57:33 +0200 Arnoud Engelfriet wrote: > Francesco Poli wrote: > > On Sun, 15 Apr 2007 21:24:00 +0200 Arnoud Engelfriet wrote: > > > The sign [X] (hereafter "the Mark") is a trademark, rights to > > > which are held by [Y], representing [Z] if applicable (hereafter > > > "the Mark Holder"). > > > > Wait, the "Mark Holder" would be [Y], I think. > > I thought you used Y and Z for cases where Y is licensing Z's > trademark (if Y is Z's subsidiary or authorized licensee for example). > Then the trademark holder is Z but Y has certain rights to the mark. Err, if I read the original message by Nathanael correctly, [Z] is intended to be the "meaning" of the trademark. E.g.: in his second example, the wording becomes "representing endorsement by the Debian Project", where "endorsement by the Debian Project" is supposed to be [Z], I would say... > > The "if applicable" means if there is a Z. Perhaps the whole Z thing > should be taken out. "Rights to which are held by Y", and in the > document where you define Y you can explain that Y is a subsidiary > of Z or whatever. I'll try to drop the "if applicable" words and see whether it makes more sense, in light of the above clarification (again, assuming that I understood Nathanael intentions correctly!). > > > | If the Mark qualifies as an original work of authorship under > > | copyright law, then the Mark Holder hereby also grants you a > > | copyright license, but that is not a trademark license and should > > | not be construed as one. > > That's what I meant. > > If you're separating the two, I don't think the word "also" in the > above is appropriate. I guess in such a case you don't want to say > more than "there's also a copyright license, go read that one, but > remember it's not a trademark license." > > | If the Mark qualifies as an original work of authorship under > | copyright law, then the Mark Holder SEPARATELY grants you a > | copyright license, but that is not a trademark license and should > | not be construed as one. Great, I like this! > > That word 'separately' makes it clear that this sentence is merely > an explanation and not by itself a copyright license. Exactly what I was looking for. OK, here we go (again and again!): | The sign [X] (hereafter "the Mark") is a trademark, rights to which | are held by [Y] (hereafter "the Mark Holder"), representing [Z]. | | The Mark Holder hereby licenses you to use the Mark, or a modified | version thereof, in any way and for any purpose, with the exception of | the following: | | You are not authorized to use the Mark, or a modified version thereof, | in commerce in any way that is likely to cause confusion, or to cause | mistake, or to deceive | | (1) as to the affiliation, connection, or association of you or your | product, service or other commercial activity with the Mark Holder, or | | (2) as to the origin, sponsorship, or approval of your product, | service or other commercial activity by the Mark Holder | | If the Mark qualifies as an original work of authorship under | copyright law, then the Mark Holder separately grants you a | copyright license, but that is not a trademark license and should | not be construed as one. | | -----//----- | | Copyright (c) [AAAA-BBBB] [Y] | | Permission is hereby granted, free of charge, to any person obtaining | a copy of this software and associated documentation files (the | "Software"), to deal in the Software without restriction, including | without limitation the rights to use, copy, modify, merge, publish, | distribute, sublicense, and/or sell copies of the Software, and to | permit persons to whom the Software is furnished to do so, subject to | the following conditions: | | The above copyright notice and this permission notice shall be | included in all copies or substantial portions of the Software. | | THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, | EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF | MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. | IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY | CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, | TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE | SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. -- http://frx.netsons.org/doc/nanodocs/etch_workstation_install.html Need to read a Debian etch installation walk-through? ..................................................... Francesco Poli . GnuPG key fpr == C979 F34B 27CE 5CD8 DC12 31B5 78F4 279B DD6D FCF4
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