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Intellectual Property Notice

© Copyright Kapsch TrafficCom U.S. Corp., 2008, 2009. All rights reserved.

Kapsch TrafficCom U.S. Corp. Web site pages might contain other proprietary notices and copyright information that should be observed.

Fair Use guidelines for use and reference of Kapsch trademarks

KAPSCH trademarks include the famous KAPSCH logo that contains three arrows following the name, as well as other designs and logos owned and used by KAPSCH, as well as KAPSCH product and service names. KAPSCH takes great care in the development and protection of its trademarks and reserves all rights of ownership of its trademarks.

Use of KAPSCH logos

KAPSCH carefully limits the use of its logos. No other company may use KAPSCH logos unless it has the express written permission of KAPSCH, or is licensed by KAPSCH to do so.
To obtain permission to use any KAPSCH logo, contact your KAPSCH representative or contact the KAPSCH legal department at 1+703-885-1976.

Fair use of KAPSCH trademarks.

"Fair use" of KAPSCH trademarks, that is, use by a third party without express permission or license, is limited to text-only references to KAPSCH trademarks such as product and service names, and excludes KAPSCH logos.
In such references, you must be truthful, must not disparage KAPSCH, and must not mislead the public. You must be clear and accurate as to the nature of the relationship between KAPSCH and your company, its products, and its services.

The following are two common types of fair use:

  1. When you are specifically referring to KAPSCH products.
  2. When you are indicating that a KAPSCH product is compatible with another product.

Please note that the emphasis should be on your product name and any accompanying packaging produced by your company. Labeling should place emphasis on your product name so that it is perceived as an application, developed with, compatible with, or running on a KAPSCH product.

General rules for proper reference to KAPSCH product names

The following are general rules for proper usage of KAPSCH product names:

  1. The first use of each KAPSCH product name mentioned in communications must be identified in a footnote or attribution. The attribution must be located either on the page/screen where the KAPSCH trademark is used, or in the legal section of the communication or site in which it is referenced. Please note that laws concerning use of trademarks or product names vary by country. Always consult a local attorney for additional guidance.
  2. Example: KAPSCH TRAFFICCOM, is a trademark of KAPSCH AG and its affiliated companies.
  3. In the United States, the first reference in text to all KAPSCH product names should be preceded by KAPSCH and followed by the proper trademark symbol. The proper symbol for registered product names is ®. The proper symbol for product names which are the subject of pending applications or are used in accordance with common law trademark principles is ™.
  4. Examples: KAPSCH TRAFFICCOM®. Rules for marking product names differ by country. You may need to seek guidance from a trademark professional.
  5. A product name should be used as an adjective qualifying a noun that is a generic description of the product or service. The product name should also be used in a singular form.
  6. Do not change the form or representation of the product name, including capitalization or punctuation.

Use of "KAPSCH" as a company name

"KAPSCH TRAFFICCOM" is a trademark of KAPSCH AG. When "KAPSCH TRAFFICCOM" is used to identify the company KAPSCH AG, it is called a trade name. Trade name usage typically applies when referring to a company as opposed to a particular product. It is permissible to use KAPSCH as a possessive if you are referring to KAPSCH the company. In that case the name does not identify goods or services (which are legally the domain of trademarks).

Incorrect use of KAPSCH trademarks

  • Do not omit a footnote/attribution for KAPSCH trademarks.
  • Do not alter the approved KAPSCH trademark.
  • Do not create any new logo for KAPSCH or KAPSCH product names.
  • Do not incorporate any KAPSCH product names into your company's product names.
  • Do not incorporate any KAPSCH product names into the root domain of any Web site owned by your company.
  • Do not misspell or use lower case letters when using the name KAPSCH in text.
  • Do not use the KAPSCH taglines.
  • Do not connect your company name with KAPSCH product names.
  • Do not use the KAPSCH trademark name for a product or service as a noun, or in the plural form.
  • Do not misspell or incorrectly capitalize KAPSCH trademarks. Always include the letters KAPSCH before the trademarked KAPSCH name on the first usage.

Digital Millennium Copyright Act Notices

It is the policy of KTC to respect the intellectual property of others and thus to respond to effective notices of alleged infringement of copyrighted material where (i) the copyrighted material is available at, or from, a system or network controlled or operated by or for KTC or where (ii) KTC, by providing or using an information location tool, such as a directory, index, reference, pointer, or hypertext link, refers or links a third party to a site that contains the copyrighted material.
If you are alleging that copyrighted material may have been or is being infringed, then you may notify KTC, pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 (c), by sending a notice to the address listed below. Such notice must include the following to be effective:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit KTC to locate the material;
  4. Information reasonably sufficient to permit KTC to contact you such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter Notices

If material that you have posted to a system or network controlled or operated by or for KTC has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the address listed below that includes the following:

  1. A physical or electronic signature of the subscriber;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which KTC may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.

DESIGNATED AGENT FOR ALL NOTICES, INCLUDING COUNTER NOTICES

All written notices should be sent to the following Designated Agent:
Designated Agent: Janet L. Eichers, Senior Vice President, General Counsel
Address of Designated Agent: 8201 Greensboro Drive, Suite 1002, McLean, VA 22102
Email address of Designated Agent: janet.eichers@kapsch.net
Telephone number of Designated Agent: (703) 885-2741