RCS Union Software

License Terms & Conditions

 

Last Updated: August 6, 2021

 

 

These License Terms & Conditions (“License)” are entered into by and between You and Roberts Custom Software. (“RCS”) and govern your access to and use of this Website and the RCS Software.  This License is a legal document that explains your rights and obligations as a user of the RCS Software.  Please read it carefully.  

By clicking Accept or using the RCS Software, you are agreeing to be bound by the terms of this License.  If you do not agree to the terms of this License, do not use the RCS Software.  

1. General. The RCS software and documentation accompanying this License, whether on disk, in read only memory, or in any other media or  form (collectively the "RCS Software"), are licensed, not sold, to you by RCS for use only under the terms of this License, and RCS reserves all rights not expressly granted to you. The terms of this License will govern any software upgrades provided by RCS that replace and/or supplement the original RCS Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. 

Title and intellectual property rights in and to any content displayed by or accessed through the RCS Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content except as provided with the RCS Software.

2. Permitted License Uses and Restrictions. 

A. Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to access and use the RCS Software. To the extent that the RCS Software may be used to reproduce materials, such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.

In addition to the restrictions stated above, the RCS proprietary libraries included with the RCS Software are only licensed for use with the RCS Software. 

B. You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of the RCS Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of RCS.

C. Automatic Updates.  RCS Software functionality, security and features are continually being improved and as such the RCS Software will undergo periodic automatic updates. 

3. Transfer. You may not rent, lease, lend, redistribute or sublicense the RCS Software. 

4. Consent to Use of Data & Unauthorized Access.

A. Unless otherwise requested in writing, if you are a user affiliated with the UAW, you agree that RCS and the UAW International (if a UAW Local/CAP/Region) may collect, access, audit and use Diagnostic Data based upon your data. Diagnostic Data is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the RCS Software, and to verify compliance with the terms of this License, and does not personally-identify you.  RCS may use Diagnostic Data to provide and improve RCS's products and services. If you are a user not affiliated with the UAW, then RCS will not disclose Diagnostic Data to any third-party unless mutually agreed. 

 

B. Notwithstanding 4(A), your data will not be sold to any third party except in connection with a sale, change of control, merger, acquisition, or sale of all or substantially all assets of RCS.

C. At all times your information will be protected from unauthorized access and treated with the utmost security. As an RCS Software user you agree not to share your unique user ID and password to any party not authorized to access your organization's data. 

5. Other Services. 

A. By using this software in connection with an RCS Software ID, Internet accessed account, you agree to the applicable terms and conditions for that account, such as the latest Terms and Conditions. If you do not agree to the applicable terms and conditions for such an account, do not use the RCS Software in connection with that account.

B. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that RCS is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. RCS, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. You agree that you will not use any Third Party Materials in a manner that would infringe or violate the rights of any other party, and that RCS is not in any way responsible for any such use by you.

C. You agree that the Services, including but not limited to support, Software, and editorial content, contain proprietary content, information and material that is owned by RCS and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or RCS. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, Trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that RCS is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services. 

D. In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to from the RCS Software are not available in all languages or in all countries or regions. RCS makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. RCS and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will RCS be liable for the removal of or disabling of access to any such Services. RCS may also impose limits on the use of or access to certain Services, in any case and without notice or liability. 

E. As with all Internet based user accounts or Subscriptions, you are always responsible for any Internet service provider, telephone, and other connection fees that you may incur.

6. Term and Termination.

A. The term of this Agreement (the "Term") commences on the date you first indicate your acceptance of these terms by clicking Accept or using the RCS Software, and will continue in effect until otherwise terminated in accordance with this Agreement.

B. This License is effective until terminated. Your rights under this License will terminate automatically without notice from RCS if you fail to comply with any term(s) of this License. Upon the termination of this License, you must cease all use of the RCS Software and destroy all copies, full or partial, of the RCS Software. Sections 4, 5, 6, 7, 8, 11 and 12 of this License shall survive any such termination.

C.  You agree to make payment to RCS according to the amount and terms previously agreed. Support and Maintenance fees are subject to periodic increases. 

7. Disclaimer of Warranties.

A YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE RCS SOFTWARE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. 

C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RCS SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND RCS AND RCS'S LICENSORS (COLLECTIVELY REFERRED TO AS "RCS" FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE RCS SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. 

D. RCS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE RCS SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED BY THE RCS SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE RCS SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE RCS SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE RCS SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.

8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL RCS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA,  BREACH OF DATA SECURITY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE RCS SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE RCS SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF RCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall RCS's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

9.  Lawful Usage. You may not use the RCS Software except as authorized by United States law and the laws of the jurisdiction in which the RCS Software License was obtained. In particular and without limitation, the RCS Software License may not be assigned or transferred (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.  By using RCS, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the RCS Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.

10. Government End Users. The RCS Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

11. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of Illinois. 

12. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the RCS Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by RCS. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.