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Digium Trademark Policy
The trademarks DIGIUM, ASTERISK, ASTERISKNOW, SWITCHVOX, DAHDI, and RESPOKE and other Digium trademarks signal quality, dependability, and the cutting edge, especially to those familiar with IP telephony.
Digium, Inc. ("Digium"), as the owner of these trademarks and others, takes the value of these marks seriously. This Trademark Policy (the "Policy") explains the basic circumstances in which Digium may consent to the use by others of the trademarks owned by Digium. It also sets out limitations and conditions that we expect every person to abide by when using any of the marks of Digium. All use any of the trademarks in any way in connection with VoIP and VoIP-related goods or services (whether in a domain name, URL, path, advertising, tag line, website, on products or packaging, or otherwise), must comply with this policy. We encourage communication to prevent misunderstanding. If you have any questions or comments, please contact Company Inquiry.
Digium takes its trademark rights seriously. You may be aware that certain software of Digium, such as non-commercial versions of ASTERISK software, is distributed under the GPL as “open source” software. While this means we have consented to certain distributions of these versions of the software under our copyright rights, the GPL does not negate our ability to control our trademark rights. The issues addressed by copyright and trademark are separate. In order to help the public rely on our trademarks as an indication of source and quality while nurturing the open source community, in certain cases detailed below we license Digium’s trademarks while strictly controlling their use under this Policy. Although you may distribute and modify certain of our software under the GPL, this Policy outlines Digium’s restrictions on use of our trademarks in connection with those modifications and distributions. (This section shall not be interpreted to place any software under the GPL; whether specific software is distributed under the GPL is determined by reference to the documentation and licensing materials specific to that software.)
Recognizing that under the GPL developers may make changes to certain versions of the original ASTERISK code, Digium considers it important to distinguish between “Genuine” Digium Software and third-party versions. Genuine Digium Software is the software in the same form as originally distributed by Digium, without modification to the code of any extent. The only exception is that software may still be considered Genuine Digium Software if, in connection with distribution of that software for a certain platform, the only modification is removal of code that relates to functions that would not work on that platform in any event (“Platform-Specific Compacting”). Once a change (other than Platform-Specific Compacting) has been made to the software, even if that change may be permissible under the GPL, the software is no longer Genuine Digium Software, because Digium did not make or control the change. Similarly, a hardware product is not considered “Genuine” if it (or its installation package) has been changed in any way, even if that change is only the changing of a driver. We are certain you can appreciate that we do not want the public to think that the changed hardware or software, over which we did not have control, is provided or endorsed by Digium. We also believe that the public has a right to know, more generally, when it is receiving the code version originally distributed by the originator of the product, or one that has been modified by a down-stream developer. The term “Genuine Digium Product” therefore means only Genuine Digium Software and Genuine Digium Hardware.
II. Policy Term and Updates
Digium reserves the right to modify this Policy at any time, and intends to review this Policy for potential updates from time to time, at least yearly. You are responsible for reviewing this Policy from time to time so that you will be aware of any updates. Even if you do not have notice of a change to the Policy, on February 28 of each year you should review the Policy that is then posted. You agree that you will be deemed to be on notice of any change in terms of this Policy upon the earlier of:
(i) Actual access by you of the Policy as changed;
(ii) Notice that a change to the Policy has occurred; or
(iii) The February 28th following the change.
Following the first to occur of such events, you may not rely on any version of this Policy earlier than the one posted at the time of such event. Additionally, Digium may from time to time notify specific persons of specific terms that apply to that person, or of updates to this Policy. Any such specific terms that have been notified to you by Digium will take precedence over, and will override, this Policy (even a later version of this Policy). For clarification, reference to and incorporation of this policy in a specific agreement does not constitute a “specific term” which would allow an earlier version of this document to take precedence over a later version.
III. The Trademarks
Digium owns the following trademarks and service marks in connection with VoIP and VoIP-related goods and services, among others: DIGIUM, ASTERISK, AsteriskNOW, SWITCHVOX, DAHDI, and RESPOKE. Digium’s rights are not limited to a particular style of presentation, design, logo, or font, but extend to any use of the trademarks, in any presentation. Digium also has adopted certain logo forms that it uses or authorizes others to use. In addition to rights in the words of the trademarks, Digium claims trademark rights in these logo forms.
Digium is the owner of U.S. federal trademark registrations for DIGIUM (Reg. Nos. 2988591 and 4185567), the Asterisk Speech Bubble Logo (Reg. No. 4008689), SWITCHVOX (Reg. Nos. 3091712, 3470373, and 4108539), AsteriskNOW (Reg. No. 3419081), ASTRICON (Reg. No. 3605093), DAHDI (Reg. No. 3663177), ASTERISK (Reg. Nos. 3013408, 3567249, and 3752348), and ASTERISK APPLIANCE (Reg. Nos. 3574746) (and, by the time you read this, possibly others). In addition to federal trademark registration, Digium enjoys unregistered rights in marks under federal law and state law without regard to whether a registration exists. Digium also owns registrations and applications for its trademarks throughout the world.
“Trademarks” will refer to each and every one of these trademarks, registered and unregistered, whether presented in the logo form or presented in some other manner.
“Word Mark” means a substantially text-only presentation of a Trademark in an appearance that would not reasonably be interpreted to be part of a logo.
“Logo” refers to any use of a Trademark as part of a logo or in an appearance that would be reasonably interpreted to be part of a logo.
“Asterisk Speech Bubble Logo” refers to the following Trademark:
V. Uses that are Not Approved by this Policy
Digium monitors and reviews use of its Trademarks to ensure its rights are not infringed. For purposes of clarification and example, this policy does not permit, and Digium will object to the following uses:
1. Cybersquatting on an internet domain which contains a Trademark (meaning registering a domain name with intent to, or thereafter attempting or succeeding to: sell the domain name, prevent Digium from using or gaining access to the domain name, or divert traffic from Digium);
2. Use of a Trademark in a company name or in a URL
3. Use of a Trademark in a webpage title, TITLETAG, META tag, or other manner with the intent or the likely or actual effect of influencing search engine rankings or results listings. Notwithstanding the foregoing, this section does not prohibit fair use of the Trademarks in the content of the webpage itself as long as usage is typical of usage in print media and in accordance with the remainder of the terms of this Policy. For example, if you are a consultant, you may advertise that you provide services relating to Asterisk;
4. The naming of any software, hardware product or service with a name including, or approximating, the Word Mark “DIGIUM” or “ASTERISK” (or any other Digium Word Mark), unless that software or product is a Genuine Digium Product;
5. The marketing of any software, hardware, product or service using the Word Mark “DIGIUM” or “ASTERISK” (or any other Digium Word Mark), unless the Digium Word mark is referring to a Genuine Digium product. For example, assume you have a GUI that is named Acme GUI and that this GUI interfaces with Asterisk. It may then be marketed as “Acme GUI, a GUI for Asterisk.”
6. Use of any Digium Logo without an express written agreement;
7. Use of a Trademark, or part of a Trademark, in a manner that does or may create or be perceived as a “combined mark,” or use that integrates other wording with the Trademark in a way that the public may think of the use as a new mark (for example, “SuperAsterisk,” or “Asterisk Lite,” or use in a way that by use of fonts or presentation for the Trademark and nearby words or images conveys an impression that the two are tied in some way);
8. Use that fails to comply with the Trademark Marking and Notice Section or the Form of Use sections of this Policy;
9. Use of a Trademark to suggest that your services are authorized or endorsed by Digium unless the services are the subject of and in compliance with either a Trademark License Agreement, Digium Channel Partner, Digium Certification Partner, or Digium Training Partner agreement that is in full force and effect at the time of use;
10. Use of a Trademark in a manner that disparages Digium or its products, or tarnishes or dilutes its Trademarks; and
11. Use that violates any provision of this Policy.
This list is not a comprehensive list of all circumstances in which Digium may object to use of its Trademarks, but rather serves as a general guideline to the community to identify uses that are not acceptable under this policy. Digium will review circumstances such as the above on a case-by-case basis as information comes to Digium’s attention.
VI. Fair Use
Subject to the other terms of this Policy, Digium will not normally challenge use of the Word Marks in the following circumstances, so long as your use otherwise complies with the Form of Use and Trademark Marking and Notice sections of the Policy (other uses will be addressed on a case-by-case basis), or is appropriately considered a permissible fair use under all applicable law (“Fair Use”). (Digium generally does NOT consider use of the Digium Logos, such as the Asterisk Speech Bubble logo to be Fair Use because of the enhanced connection the logo implies; usage of logos is only authorized under a written licensing agreement.)
1. Descriptive Use: Digium recognizes the principle that others use its Word Marks without necessity of an explicit agreement with Digium to refer to Genuine Digium Products. For purposes of illustration, you may use the word “Asterisk” (but not the Logo Form) to advertise that your company works on Asterisk platforms or to describe the goods or services that you sell/develop as long as the usage does not risk confusing the public into believing there is an affiliation, sponsorship, or approval relationship between yourself and Digium or that you create Genuine Digium Software.
2. Scholarly and Journalism Presentations, Articles, Books Reviews and Papers and Discussion: Digium Word Marks may be used in scholarly and journalism presentations, articles, reviews and papers discussing Genuine Digium Products.
3. GPL Attribution: Digium Word Marks may be used in documentation accompanying distribution of code under the GPL, to the extent necessary to comply with the requirements of the GPL regarding attribution and origin. Again, the use must not risk confusing the public into believing there is an affiliation, sponsorship, or approval relationship between yourself and Digium or that you create Genuine Digium Software.
4. Examples of Fair Use: To assist you in determining whether Digium is likely to be inclined to view your use as Fair Use consider the following non-exhaustive list of examples:
a. A project is being developed to extend functionality with a voice mail program. Digium typically would not challenge project titles such as VOICEMAIL FOR ASTERISK or VMAIL FOR ASTERISK, unless other factors rendered the use incompatible with this Policy or Digium’s rights. We would strongly discourage, and likely would consider to be problematic, a name such as ASTERMAIL;
b. A project is being developed to create a GUI useful for Asterisk. Digium typically would not challenge a project title such as GUI FOR ASTERISK, unless other factors rendered the use incompatible with this Policy or Digium’s rights. We would strongly discourage, and likely would consider to be problematic, a term such as ASTERGUI.
c. A project is being developed or sold which works with Asterisk. Digium typically would not challenge the project being described as “Asterisk Compatible” unless other factors rendered the use incompatible with this Policy or Digium’s rights.
d. A project is being sold or developed which incorporates a version of Asterisk which has not been modified from the form in which it was distributed by Digium. Digium typically would not challenge the project being described as being “Powered by Asterisk” or “Based on Asterisk” unless other factors rendered the use incompatible with this Policy or Digium’s rights.
VII. Authorized Trademark Use
Subject to the other terms of this Policy, Digium typically is willing to grant a license for use of the Digium Trademarks in the following circumstances. All use must comply with the Trademark Marking and Notice Section and the Form of Use sections of this Policy.
A. Trademark License Agreement for Open Source Noncommercial Usage of Asterisk
Digium recognizes the value of the Asterisk open source community, and is committed to keeping that community as a vibrant discussion and development area for the advancement of the IP telephony technology. Digium views the vast majority of the Asterisk open source projects as discussion and development areas for non-commercial purposes, which are not viewed by the commercial marketplace.
Digium recognizes that Fair Use is a concept without sharp boundaries between what may constitute an appropriate Fair Use permissible under law and a use that may infringe the trademark rights of Digium. To the extent that such a gray area exists in the realm of Fair Use, and in order to dispel any doubts as to whether your use will be permitted without challenge, Digium will allow members of the open source community to seek a license for use of the Asterisk Speech Bubble Logo and the ASTERISK Word Mark in relation to an open source project.
You are invited to request a Trademark License to Digium’s Asterisk Speech Bubble Logo and ASTERISK Word Mark for Open Source Noncommercial Usage of Asterisk (“Noncommercial Trademark License”) only when you meet all of the circumstances described in this Section VII.A and do not also meet any of the circumstances described for the Trademark License for Open Source Commercial Usage of Asterisk (Section VII.B.) below. A list of FAQs and answers pertaining to the trademark licensing program can be viewed at this link https://www.digium.com/company/policies/trademark-licensing-program-faqs
1. All use of the Asterisk Speech Bubble Logo and ASTERISK Word Mark must make it clear that your project is a development effort related to the Digium source, but that the software you are working upon is not, in fact the Genuine Digium Software;
2. all use of the Asterisk Speech Bubble Logo and ASTERISK Word Mark must be in a manner consistent with the standards described in the Form of Use and Trademark Marking and Notice sections of this Policy;
3. use of the Asterisk Speech Bubble Logo and ASTERISK Word Mark must not make any affirmative assertion of Digium’s endorsement, sponsorship, or approval of your project or products, other than by use of the approved Marks, without prior written approval from Digium.;
4. the Asterisk Speech Bubble Logo and ASTERISK Word Mark must not be used in a manner contrary to law (for example only, usage of the word Asterisk in a domain to divert consumers searching for Asterisk to a website about products competitive to Asterisk is considered by Digium to be contrary to law) or contrary to this Policy;
5. all use of the Asterisk Speech Bubble and ASTERISKWord Mark must be exclusively used to nurture the Asterisk open source project; and
6. if Licensee makes and distributes any modifications to the Asterisk open source software then Licensee must submit the source code to Digium for inclusion in the Asterisk open source project under Digium’s standard contribution procedure. Submission of the code does not guarantee Digium will include the code in the Asterisk open source project.
The following instances offer examples of uses which would likely qualify a user to obtain the Noncommercial Trademark License for use of the Asterisk Speech Bubble or ASTERISK Word Mark, unless other factors rendered the use incompatible with this Policy or Digium’s rights. Each proposed use will be reviewed by Digium to ensure compliance with the conditions above.
1. Usage of the Asterisk Speech Bubble Logo or ASTERISK Word Mark on a website which website is exclusively used for an open source, non-commercial Asterisk project so long as the Asterisk Speech Bubble Logo hyperlinks to www.asterisk.org .
2. “Exclusively” means all profits generated by any site, project, product, effort, or activity in connection with which the licensed mark is used must solely be used to nurture the Asterisk open source project. For example, if support provided via a website which uses Digium’s marks results in revenue exclusively used to pay and support technicians in supporting Digium’s Asterisk open source software, this is exclusively used to nurture the Asteriskopen source project. If part of the money is used to fund development or support of any product other than Digium’s Asterisk open source software (including forks of Asterisk) this is not exclusive use for an open source.
a. Examples of nurturing Digium’s Asterisk open source project:
i. An open source plugin for use with Asterisk manufactured by Acme called “Acme Plug In for Asterisk”
ii. Running a domain called acmeasterisksupport.com at which Asterisk bugs are reported and work-arounds are provided and sponsored ads are run, 100% of the profits of which pay the developers providing the work-arounds on the website.
b. Example which does not qualify as “nurturing the Asterisk open source project”
i. Using the ASTERISK Word Mark or Asterisk Speech Bubble Logo to develop a project based upon a fork of Asterisk.
ii. Using the ASTERISK Word Mark or Asterisk Speech Bubble Logo to market a project which is not compliant with the GNU GPLv2.
If you meet the requirements of this Section VII.A., and do not meet the limitations of Section VII.B or VII.C, you may request a Noncommercial Trademark License for use of the ASTERISK Word Mark and Asterisk Speech Bubble Logo only by completing this form https://www.digium.com/content/digium-trademark-license-request . Digium will review proposed projects for compliance with the requirements of this section and determine whether your use qualifies for a Noncommercial Trademark License. Grant of a Noncommercial Trademark license will be confirmed in writing by Digium. All Noncommercial Trademark Licenses granted are revocable, non-exclusive, and non-transferable and will be effective only upon mutual execution of, and will be subject to all the terms of, a written license signed by an authorized representative of Digium. All use of Digium marks under a Noncommercial Trademark License grant shall be subject to the specific terms of that agreement, which takes precedence over any conflicting terms in the Policy.
Although it is Digium’s intent to authorize the use of its ASTERISK Word Mark and Asterisk Speech Bubble Logo by those who meet the conditions described in this section, Digium reserves the right to refuse a Noncommercial Trademark License if, in its sole discretion, the proposed usage or project does not meet the quality standards of Digium or is otherwise against the interests of the Asterisk open source project or Digium. Digium reserves the right to monitor the use of its marks at all times. Therefore, Digium reserves the right to verify the accuracy of the information you submit to us and to inspect your usage of our marks. Digium reserves the right to review all usage on any domains which include our ASTERISK Word Mark or Asterisk Speech Bubble Logo and to object to any usage that appears to overstep the bounds of scholarly/journalistic discussion and/or open source non-commercial use. Digium reserves the right to terminate the Noncommercial Trademark License at any time. In any event, once a project has left the open source project phase, becomes commercial, or becomes a project not exclusively for the benefit of Digium’s Asterisk open source software, the Noncommercial Trademark License ends.
Additionally, the Noncommercial Trademark License will end immediately upon the occurrence of any of the following events:
1. You provide materially incorrect information to Digium
2. You violate the terms of this Policy
3. Your use tarnishes or disparages Digium, Digium’s Products or Digium’s marks
4. You assert an ownership interest in Digium’s marks
5. You challenge Digium’s ownership interest in the marks
6. You make any affirmative assertion of Digium’s endorsement, sponsorship, or approval of your project or product without prior written and still valid approval from Digium
This Section VII.A applies to the use of the ASTERISK Word Mark and Asterisk Speech Bubble Logo only and should not be construed to grant a license for use of any other Digium Trademarks.
B. Trademark License Agreement for Open Source Commercial Usage of Asterisk
Any contemplated commercial usage of the ASTERISK Word Mark or Asterisk Speech Bubble Logo, must first be approved by Digium in the form of a Trademark License Agreement for Open Source Commercial Usage of Asterisk (“Commercial Trademark License”). To submit an application for a Commercial Trademark License you must first complete this form https://www.digium.com/content/digium-trademark-license-request.
We will respond to your application within seven (7) business days. We reserve the right to reject an application in our sole discretion. A license fee may be required for any commercial use of the ASTERISK Word Mark or Asterisk Speech Bubble Logo.
All Commercial Trademark Licenses granted are revocable, non-exclusive, and non-transferable and will be effective only upon mutual execution of, and will be subject to all the terms of, a written license signed by an authorized representative of Digium. All use of Digium marks under a Commercial Trademark License shall be subject to the specific terms of that agreement, which takes precedence over any conflicting terms in the Policy. The following is a non-exclusive and non-binding list of factors Digium considers in determining whether or not a license grant should be issued and are provided as exemplary only:
Digium will be consider whether the product, service, or domain:
· Suggests or disclaims an official link with Digium;
· Promotes or expands Asterisk adoption or usage;
· If a product or service, is not a fork of Asterisk, and does not promote or encourage forks of Asterisk;
· If a product or service, is licensed in a way compatible with the GPL
· Is of high quality in both form and function
C. License Exclusions:
Phone, gateway, appliance, and telephony card providers are not eligible for the Noncommercial or Commercial Trademark Licenses. Phone, gateway, appliance, and telephony card providers who are under a current Product Certification Agreement with Digium, may be offered trademark licenses under those programs to indicate their product is interoperable with Asterisk. Closed source usages of Asterisk are not eligible for the Noncommercial or Commercial Trademark Licenses. Providers who use closed source Asterisk may be offered a trademark license under a commercial software license agreement with Digium.
VIII. Form of Use
This section does not expand any rights of use or grant permissions; rather, this section prescribes how the Trademarks should be displayed when used. It is Digium’s policy to encourage the use of the Word Mark form of Trademarks in preference to logo forms, for the reasons we describe below.
When used properly, a Trademark must be presented only in the exact spelling used by Digium in Digium-distributed materials. The word may not be abbreviated, misspelled, telescoped with other words (i.e. made to have overlapping letters with other words, thus “microsoftware” would be a telescope of “Microsoft” and “Software”), run together with other words (such as “AsteriskServer”). We prefer that you use the marks in all capitals (e.g., ASTERISK), but you may use the Trademarks by capitalizing only the first letter. Other capitalization schemes are not allowed (except that for the specific mark AsteriskNOW, the capitalization shown here is an acceptable format). Users of the Word Mark of the Trademarks should take care to avoid using the Trademark in any manner that may be interpreted to be a logo by the public (such as with a stylized typeface for formatting), because the use of the Trademarks in logo form is strictly limited to those licensed under a specific License Agreement. Use of logos other than as approved by Digium is not allowed. Therefore, to ensure your use is in compliance with the Policy, you are encouraged to use the “Word Mark” (which means use of the words only, in a standard size font that is the same as the majority of the text on the page, without a design or stylization element) to avoid any use that may look like a logo.
IX. Trademark Marking and Notice
Whenever a Trademark is used, attribution should be provided to Digium, and the presentation of the Trademark should make it clear that the term is a trademark. Proper use under this standard will include:
1. Registration Notice. You must use the ® for the federally registered marks ASTERISK, DIGIUM, ASTERISKNOW, SWITCHVOX, and DAHDI (e.g., you should present the mark as ASTERISK® or DIGIUM®). Where the Trademark is used a number of times in one display or printed item and it would be unduly burdensome or distracting to use the ® in each and every appearance of the Trademark, it is sufficient to limit use of the ® symbol to only (a) the first appearance of the Trademark in the material, and (b) the most prominent appearance of the Trademark in material other than print material, for example on individual website pages. It is also acceptable to omit the ® in path names and in any distribution in a jurisdiction in which the mark is not registered. In the event text files are saved in a format that is not capable of rendering the ® symbol, the Mark may be designated by (R). For distributions in jurisdictions where a term other than the ® is provided by law, the appropriate marking may be used in lieu of ®. For any Digium mark which is not yet protected by federal registration, but in which Digium claims trademark rights, you should designate the mark with ™ (e.g. RESPOKE™).
2. Attribution. The fact that the Trademarks are owned by Digium should be clearly stated. This may be done by placing in a footer a notice, such as “[name the Trademark] is a trademark of Digium, Inc.” Where a footer is not appropriate, such as for use in pathnames and for presentations within operational software displays, the attribution may be placed in product documentation and readme files.
This Policy is a statement of Digium’s current internal judgement of trademark issues, provided to help you appreciate Digium’s concerns regarding trademarks, but is non-binding and may be withdrawn, superseded, replaced, revised, or overridden by Digium at any time. Digium, in its sole discretion, retains the right to deviate from the manner of conduct and the provisions described in this policy. In addition to general actions taken by Digium with respect to this Policy that are generally applicable, Digium reserves the right to make special accommodations to persons for use of the Trademarks, and to place special conditions on the use of the Trademarks by others, recognizing that each person’s placement in the market and circumstances may be different. In the event you are specifically notified by Digium of objection to your use, or that Digium does not consider this Policy to apply to you, you may not rely upon this Policy or any subsequent version of this Policy.
Digium reserves all rights. With effect superior to and controlling over any other content of this Policy, no provision of this Policy shall be interpreted to allow any person to use any of the Trademarks to suggest that they are affiliated with or approved by Digium, or that they are an authorized provider of services in connection with goods or services offered under the Trademarks by Digium.
Digium’s Channel Partner Program, Certification Partner Agreement, and Training Partner Program are programs separate from this Policy under which Digium may license certain rights to use specific Logo Forms of the Trademarks in conjunction with the approved commercial activities of companies that participate in the Digium Channel Partner Program, Training Partner Program, and Certification Partner Program. Only Digium may grant permission for a third party to use a Digium Channel Partner Program, Certification Partner Program, or Digium Training Partner Program logo. Digium also provides Logos which serve as marks of training certifications (“Certification Logos”). The Certification Logos are personal to individuals who have successfully completed a certification test offered by Digium or a Digium Authorized Training Partner. Only Digium can certify individuals as having passed a certification test. Any display of the Certification Logos must include the name and any associated certification number of the certification holder. The Certification Logos must not be used to imply the company, as opposed to the individual, holds the certification and it may not be used to imply Digium endorses the certified individual’s employer, company, or products or services of the certified individual’s employer or company. Certifications must be maintained in good standing with Digium to be able to continue using the Certification Logo. Any additional Logos are provided only under a written signed contract with Digium.
This Policy does not itself allow any Channel Partner Program, Training Partner Program, or Certification Logo uses. The Digium web site provides information for parties interested in participating in the Digium Channel Partner and Training Partner Programs and how to obtain a certification. All rights and permissions related thereto are as set forth in the applicable agreement.
Reservation and Conditions
DIGIUM MAKES NO REPRESENTATION OR WARRANTIES, THE TRADEMARKS ARE “AS IS” WITH NO WARRANTIES, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Digium reserves the right to revoke any and all permissions and consent at any time in its sole discretion in any manner of notice. If Digium notifies you that your use of any Trademark is detrimental to any Digium trademarks or is otherwise unacceptable, you must immediately cease using the Trademark, and may not use the Trademarks as described in this Policy.