Rocket

Terms of Use

TERMS OF USE

ACCEPTANCE OF TERMS

Rocket Software, Inc. (“Rocket”) provides you with access to a variety of resources on various Rocket internet sites (the “Web Sites”), including documentation and other product information (collectively the “Documentation”), download areas, communication forums, and other services (collectively "Services"), software, including developer tools and sample code (collectively “Software”), and Application Program Interface information (“APIs”). The Documentation, Services, Software, and APIs (including any updates, enhancements, new features, and/or the addition of any new Web properties to the Web Site), are subject to the following Terms of Use ("TOU"), unless we have provided those items to you under more specific terms, in which case, those more specific terms will apply to the relevant item. Rocket reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located on each Web Site.  IF YOU DO NOT ACCEPT ALL OF THESE TERMS, DO NOT USE THIS SITE.

PRIVACY POLICY

Please see the Privacy Policy (http://www.rocketsoftware.com/company/legal/privacy-policy) relating to the collection and use of your information. By using the Web Site, you are consenting to the processing of your data by Rocket and consenting to our Privacy Policy, available here:

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE

All Software is the copyrighted work of Rocket and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement which is either signed by both you and Rocket, or accompanies or is included with the Software ("License Agreement").

If Rocket makes Software available on this Web Site without a License Agreement, you may use such Software only to design, develop and test your programs to run on Rocket products and services. Unless you have a valid License Agreement with Rocket that entitles you to do so, you may not resell, sublicense, or redistribute any Software made available to you by Rocket.

If Rocket makes any code marked as “sample” available on this Web Site without a License Agreement, then that code is available for you to use at your own risk and Rocket expressly disclaims any and all warranties, express or implied, regarding use of such sample code.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

FOR YOUR CONVENIENCE, ROCKET MAY MAKE AVAILABLE ON THIS WEB SITE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. ROCKET DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THIS WEB SITE.

RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Web Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Rocket Software, Inc. 77 Fourth Avenue, Waltham, MA 02451, USA.

NOTICE SPECIFIC TO DOCUMENTATION AVAILABLE ON THIS WEB SITE

All Documentation is the copyrighted work of Rocket and/or its suppliers. Use of the Documentation is governed by the terms of the license agreement, if any, which accompanies or is included with the Documentation ("Documentation License Agreement").

If Documentation is made available to you on this Web Site without a Documentation License Agreement, then you may annotate, translate, and make a reasonable number of copies of the Documentation for your internal use in designing, developing, and testing your software, products and services, and you may distribute a reasonable amount of portions of the Documentation as necessary to document your software, products, and services. You may not publish any such annotations or translations. You must preserve the below copyright notice in all copies of the Documentation and ensure that both the copyright notice and this permission notice appear in those copies. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documentation for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited.

The Documentation does not include the design or layout of the rocketsoftware.com Web Site or any other Rocket owned, operated, licensed or controlled site. Elements of Rocket Web Sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Rocket Web Site may be copied or retransmitted unless expressly permitted by Rocket.

THE DOCUMENTATION AND RELATED GRAPHICS PUBLISHED ON THE WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION IN THIS WEB SITE. ROCKET AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS WEB SITE AT ANY TIME.

NOTICE SPECIFIC TO APIS AVAILABLE ON THIS WEB SITE

Rocket publishes information on a number of APIs on this Web Site. Rocket will not assert any of its patent rights on account of your products calling these APIs in order to receive services from the Rocket product that exposes the APIs.

NOTICES REGARDING SOFTWARE, DOCUMENTATION, APIS AND SERVICES AVAILABLE ON THIS WEB SITE

EXCEPT AS MAY BE WARRANTED IN A SEPARATE AGREEMENT (IF ANY) BETWEEN YOU AND ROCKET, ROCKET HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, DOCUMENTATION, APIS, AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL ROCKET AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTATION, APIS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM ANY OF THE FOREGOING SOFTWARE, DOCUMENTATION, APIS OR SERVICES.

RESERVATION OF RIGHTS

Rocket reserves all rights not expressly granted under these TOU, and no other rights are granted under these TOU by implication or estoppel or otherwise.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Rocket immediately of any unauthorized use of your account or any other breach of security. Rocket will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Rocket or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Rocket server, or the network(s) connected to any Rocket server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Rocket server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

USE OF SERVICES

The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

  • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

Rocket has no obligation to monitor the Communication Services. However, Rocket reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Rocket reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Rocket reserves the right at all times to disclose any information Rocket deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Rocket's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. Rocket does not control or endorse the content, messages or information found in any Communication Service and, therefore, Rocket specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Rocket spokespersons, and their views do not necessarily reflect those of Rocket.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO ROCKET OR POSTED AT ANY ROCKET WEB SITE

By posting, uploading, inputting, providing or submitting any submission or feedback you are granting Rocket, its affiliated companies, necessary sublicensees (including third parties whose products, technologies and services use and interface with any specific parts of a Rocket software or service that includes the submission), without charge, the right to use, share and commercialize your submission in any way and for any purpose. You will not give any submission that is subject to a license that requires Rocket to license its software or documentation to third parties because we include your submission in them.

By posting a submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in these TOU including, without limitation, all the rights necessary for you to post the submissions.

LINKS TO THIRD PARTY SITES

THIRD PARTY LINKS WILL LET YOU LEAVE ROCKET'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF ROCKET AND ROCKET IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ROCKET OF THE SITE.

EXPORT AND TRADE CONTROLS

You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this Web Site or any Web Site Documentation, Services, Software or APIs provided on or pursuant to this Web Site except in full compliance with all United States, foreign and other applicable laws and regulations.

TRADEMARKS

"Rocket Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Rocket uses in connection with its products and services. You may not remove or alter any Rocket Trademarks, or co-brand your own products or material with Rocket Trademarks, without Rocket's prior written consent. You acknowledge Rocket’s rights in Rocket Trademarks and agree that any use of Rocket Trademarks by you shall inure to Rocket’s sole benefit. You agree not to incorporate any Rocket Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.

For a current list of Rocket Trademarks, go to www.rocketsoftware.com/company/legal/trademarks

SEVERABILITY

If any provision of the TOU is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce the TOU.

GOVERNING LAW AND JURISDICTION

All matters relating to your access to, or use of any Rocket website shall be governed by U.S. federal law or the laws of the Commonwealth of Massachusetts. Any legal action or proceeding relating to your access to or use of any Rocket website shall be instituted in a state or federal court in Middlesex County, Massachusetts. You and Rocket agree to submit to the jurisdiction of, and agree that venue is proper in, these courts.

Updated 8 July 2013