SPACESCOUT™ Trademark License

Important Note: To apply to license the SpaceScout Trademark, you must read this document and submit the Licensing Agreement for SpaceScout form at the bottom of the page.

UW is the owner of various trademarks, service marks, and trade names, which include the trademark “SPACESCOUT” and the “SPACESCOUT” design logo (“Trademarks”) as identified in the SpaceScout Trademark Guidelines, and the goodwill associated therewith.

The Trademarks are used in association with software designed to help individuals, including students, at educational institutions find study spaces that meet specific criteria (“SpaceScout Project”). The SpaceScout Project is hosted at the domain name http://uw-it-aca.github.io/spacescout/.

UW desires to expand the SpaceScout Project though extension to other educational institutions.

The Licensee, an educational institution, desires to use the Trademarks on and in connection with the development and implementation of a similar product and service at Licensee’s institution (“Licensee Project”).

UW grants to the Licensee a non-exclusive, non-transferable, royalty free, worldwide license (“License”) to use, reproduce and display the Trademarks solely in connection with the promotion of the SpaceScout Project and the Licensee Project, on the following conditions:

  1. The License is for non-commercial use of the Trademarks only. The Trademarks may not be used in connection with any other goods or services than as stated above without the written consent of UW.
  2. This License will begin on the Effective Date and will continue for a period of twelve (12) months (“Term”) unless terminated earlier in accordance with this License. This License will automatically renew for successive one (1) year terms unless either party provides written notice of termination no less than thirty (30) days before the anniversary date.
  3. UW or Licensee may (without prejudice to any other right or remedy) terminate this License (a) at any time upon notice in writing to the other party if the other party is in material breach of any obligation hereunder and does not cure such breach within seven (7) days of being requested in writing to do so; or (b) with no notice where Licensee's use of the Trademarks are the subject of a legal claim. The license to use the Trademarks will cease immediately upon the termination or expiration of this License.
  4. The Licensee will only use the Trademarks in conformance with the policies, specifications, regulations and standards authorized or stipulated by the UW or are supplied to the Licensee by the UW and whose character and quality is not altered by the Licensee without the authorization of the UW. Licensee agrees to adhere to the trademark usage guidelines found at http://uw-it-aca.github.io/spacescout/trademark_guidelines/ as they may change from time to time (“UW's Trademark Guidelines”). The terms and conditions of this License shall supersede any inconsistent or conflicting terms and conditions in the trademark usage guidelines at http://uw-it-aca.github.io/spacescout/trademark_guidelines. Each Web Page bearing a Trademark must prominently bear a link to the SpaceScout Project home page at http://uw-it-aca.github.io/spacescout/ and state that “the “SPACESCOUT” trademark and the “SPACESCOUT” design logos are trademarks of the University of Washington and are used with permission.”
  5. Upon request by UW, the Licensee will provide UW with representative use of Licensees Trademarks. Use of the Trademarks on goods or services other than as covered under this License or in a manner inconsistent with UW's Trademark Guidelines or paragraph 4 shall constitute material breach of this License. Notwithstanding paragraph 3, if such material breach has not been cured within ten (10) business days following receipt of notice from UW, this License will be terminated.
  6. Licensee agrees to use the Trademarks only as stated in this License and to follow the standards of quality established by UW. Licensee agrees not to use the Trademarks in combination with any other trade name, trademark or service mark without the prior written approval of UW.
  7. All uses of the UW's Trademarks by Licensee, including the goodwill therein, inure to the benefit of UW. Licensee acquires no right, title or interest in the UW's Trademarks or the goodwill associated with them, other than the right to use the UW's Trademarks according to this License. In accepting this License, Licensee acknowledges that as between Licensee and UW, UW is the owner of the UW's Trademarks and Licensee agrees not to use or apply to register any trademarks which include a UW Trademark or any trademark, service mark, trade name or derivation confusingly similar to a UW Trademark, in any country or territory during or after the term of this License. Licensee will not challenge UW’s registration of the UW's Trademarks, nor assist any one in challenging them. Licensee will not take any action in derogation of any of the rights of UW in any UW Trademarks. At the request of UW, Licensee will execute any papers or documents reasonably necessary to protect the rights of UW in the UW's Trademarks and execute and deliver such other documents as may be reasonably requested by UW. If Licensee becomes aware of any infringement on the intellectual property rights of UW, Licensee will use reasonable efforts to notify UW.
  8. The Licensee will indemnify and hold harmless the UW and its directors, officers, employees and agents (collectively, the “Indemnitees”) from and against any and all damages, injuries, liabilities, costs and expenses, including but not restricted to actual legal fees and costs charged to any of the Indemnitees by their lawyers, that may be incurred by any of the Indemnitees or claimed by any third parties against any of the Indemnitees in connection with any wares, services or business of the Licensee, any negligent or wrongful conduct of the Licensee, and any breach of this License by the Licensee or by any person who is related to or affiliated with the Licensee.
  9. The License granted herein is personal to Licensee and Licensee shall not assign, sub-license, transfer, or otherwise convey Licensee's rights or obligations under this License without UW's prior written consent. Licensee shall indemnify and hold harmless UW against all liability, costs, and expenses, including but not limited to reasonable attorney’s fees, arising out of or in connection with claims relating to an attempted assignment, sub-license transfer, or other conveyance of UW's rights and obligations.
  10. The parties’ rights and obligations, which by their nature would continue beyond the termination of this License, including, but not limited to, obligations with respect to indemnification and actions affecting the validity of the mark, shall survive such termination.
  11. THE ABOVE SECTION 8 STATES THE ENTIRE LIABILITY OF UW WITH RESPECT TO INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS RELATED TO THE TRADEMARKS. UW SHALL HAVE NO OTHER LIABILITY WITH RESPECT TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY AS A RESULT OF USE, LICENSE, OR DISTRIBUTION OF PRODUCTS OR TRADEMARKS.
  12. If any of the above provisions are held to be in violation of applicable law, void or unenforceable in any jurisdiction, then such provisions are herewith waived or amended to the extent necessary for the License to be otherwise enforceable in such jurisdiction. However, if in either party's opinion deletion or amendment of any provisions of the License by operation of this paragraph unreasonably compromises the rights or increase the liabilities of that party, such party reserves the right to terminate the License.
  13. UW is an agency of the state of Washington and is subject to the Washington State Public Records Act, RCW 42.56 et seq., (“Act”), and no obligation assumed by UW under this License shall be deemed to be inconsistent with UW’s obligations as defined under the Act and as interpreted by UW in its sole discretion. No provision of this agreement, express or implied, confers upon any person other than the End User and UW any rights, remedies, obligations, or liabilities hereunder.
  14. This License is subject to all federal, state, and local laws. This License is governed and interpreted by the laws of the State of Washington, without regard to its conflict of law provisions. Any suit, action, or proceeding arising out of or relating to this License shall be decided in the state and federal courts of King County, Washington, United States of America.
  15. The relationship created herein is that of UW and Licensee and the parties hereby acknowledge and agree that nothing herein shall be deemed to constitute Licensee as a franchisee of UW. Licensee hereby waives the benefit of any state or federal statutes dealing with the establishment and regulation of franchises.
  16. This License supersedes all previous agreements, understandings, and arrangements between the parties, whether oral or written, and constitutes the entire agreement between the parties regarding the subject matter herein.
  17. All notices or other communications that the parties give each other in connection with this License must be in writing and will be deemed given if delivered by hand, registered mail or fax to the recipient at:
    Academic & Collaborative Applications, UW-IT
    ATTN: SpaceScout
    4518 University Way NE, Suite 200
    University of Washington
    Seattle, WA 98195
    Fax: 206.221.2658
    or such other address or telecommunication number of which the party gives the other notice. Proof of delivery in that manner will constitute proof of receipt.

Upon approval, Licensee will receive a confirmation email within 2 business days.

Important Note: Your license is not executed until you have agreed to the terms and conditions of the license, completed the Licensing Agreement for SpaceScout, and received the confirmation email.

Licensing Agreement for SpaceScout

By clicking Submit, you acknowledge that you have read and agree to the License and SpaceScout Trademark Guidelines.

Updated 10/04/2013