1.0 Purpose of Manual, License and Warranty Information

Contents:

        1.1.0     Purpose of This Manual

        1.2.0     Always Seek Advice of Legal Counsel

        1.3.0     License Agreement

        1.4.0     Restrictions and Conditions of Use

        1.5.0     Terminations Upon Breach

        1.6.0     Limited Warranty

        1.7.0     Disclaimer of Warranties

        1.8.0     No Liability For Incidental or Consequential Damages

        1.9.0     Miscellaneous Provisions

 

1.1.0 Purpose of This Manual

        This manual is intended to help organizations utilize their human resources in a more efficient manner.  Included in the manual are general human resources policies and procedures for your reference.  Also included are proprietary forms and procedures developed and implemented at client companies by Roster over a period of several years.  These are the same forms and procedures that Roster uses when it delivers services to its clients, which range from Fortune 50 companies to small locally owned concerns.  As a purchaser of this manual, you are entitled to use these forms and procedures pursuant to the terms and conditions of the License Agreement set forth below.  You may renew your license by purchasing the annual updates to this manual.  Additional copies of Roster’s forms may be ordered with the following order form, which we suggest you copy for future use. 

        You may either use the forms and procedures or contact Roster and Roster will provide the services using the forms and procedures at Roster’s standard fees for manual owners.  If you would like to discuss Roster providing any services for your company, please contact your Roster Network Member or contact Roster Network at information@rosternetwork.com.

        Due to the variety of businesses, methods of operation, and situations that may be encountered by any one organization, the instructions in this manual are often general in nature.  Users of this manual should take the time to attempt to apply these instructions to their own organizations, keeping in mind that some modifications may be necessary due to their specific situation.  After reading the manual, if you have questions or concerns, please submit them to us with the Ask Roster Network pageQuestions regarding legal rights and obligations should be submitted to Baker & Daniels with the Ask A Lawyer page.

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1.2.0 Always Seek Advice of Legal Counsel

        THIS MANUAL HAS BEEN DESIGNED TO:

1.     AND PROCEDURES THAT YOU MAY IMPLEMENT AS A PART OF A PLAN

        TO IMPROVE YOUR COMPANY'S GENERAL EFFICIENCY, PROFITABILITY

        AND RISK MANAGEMENT; AND,

      2.     PROVIDE A BASIC UNDERSTANDING OF THE BUSINESS, FINANCIAL 

              LEGAL ISSUES THAT MAY ARISE IN THE CONTEXT OF BUSINESS AND

              THE EMPLOYMENT RELATIONSHIP.

        THIS MANUAL IS NOT AN EXHAUSTIVE TREATMENT OF THE SUBJECT MATTER SET FORTH HEREIN.  THE publisher of this manual is not engaged in rendering legal, accounting or other professional services.  THIS MANUAL IS NOT DESIGNED TO BE A COMPREHENSIVE LEGAL RESOURCE OR A SUBSTITUTE FOR THE ADVICE OF EXPERIENCED LEGAL COUNSEL, ACCOUNTANTS OR OTHER PROFESSIONALS.  EMPLOYMENT AND OTHER LAWS ARE VERY COMPLEX AND VARY FROM STATE TO STATE.  ACCORDINGLY, YOU SHOULD ALWAYS SEEK THE ADVICE OF A LAWYER WITH RESPECT TO:

1.     ANY QUESTIONS YOU MAY HAVE ABOUT THE LEGAL EFFECT OF THESE 

        OR OTHER SYSTEMS AND PROCEDURES;

      2.     ANY COMPANY DECISION HAVING AN ADVERSE IMPACT ON AN 

              EMPLOYEE, APPLICANT OR FORMER EMPLOYEE THAT YOU ARE 

              CONCERNED MAY CREATE A LEGAL LIABILITY; OR,

      3.     ANY OTHER CONTRACTUAL, BUSINESS OR REGULATORY MATTER      

              THAT YOU ARE CONCERNED MAY CREATE OR CONCERN YOUR LEGAL 

              LIABILITY.

        THE FACTS AND CIRCUMSTANCES OF EACH COMPANY AND SITUATION ARE DIFFERENT AND APPLYING THE LAW TO THESE FACTS AND CIRCUMSTANCES SHOULD BE DONE BY A LAWYER. 

        IF YOU HAVE ANY QUESTIONS REGARDING LEGAL ISSUES, AS AN OWNER OF THIS MANUAL YOU ARE ENTITLED TO USE ROSTER’S LEGAL HOTLINE FOR FREE INITIAL LEGAL ADVICE relating to the contents of this manual.  the purpose of the hotline is to identify any need for further legal services and not to provide comprehensive legal advice beyond a determination of whether further legal services are recommended.  TO contact a Baker & Daniels lawyer for legal advice, use the Ask a Lawyer page.  

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1.3.0 License  Agreement

        Roster hereby grants to the purchaser of the manual (“Purchaser”) a non-exclusive license to use and reproduce the Licensed Technology and the other forms contained in this manual during the term of this Agreement for the sole purpose of human resources and management activities and the conduct of Purchaser’s business, subject to the terms and conditions of this Agreement License.  This Agreement and the License shall be effective for a term of twelve (12) months from the date of delivery of this manual and may be renewed by subscription to Roster’s updates to this manual.

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1.4.0 Restrictions and Conditions of Use

        The License hereby granted is subject to the following restrictions and conditions:  

  1. Purchaser shall utilize the Licensed Technology only in the manner and for the limited purposes set forth in this Agreement.  Purchaser shall neither directly nor indirectly use the Licensed Technology or permit it to be used for any other purpose, including but not limited to the development, administration or delivery of any other product(s) or service(s).

  2. Any use of the Licensed Technology by Licensee in a manner inconsistent with, or any purpose not specifically set forth in, this Agreement without the prior written consent of Roster shall constitute unauthorized use of the Licensed Technology and a material breach of this Agreement.  Purchaser acknowledges and agrees that if it were to use the Licensed Technology for purposes other than as set forth in this Agreement, the consideration and license fees payable to Roster would be additional and greater than that provided in this Agreement.

  1. Purchaser shall neither modify nor change the Licensed Technology in anyway.

  2. This License may not be sublicensed, conveyed, or alienated in anyway by  Purchaser.

  3. This License is limited to the specific business entity(ies) and/or locations set forth on the invoice to Purchaser and does not apply to any business entities, divisions, affiliates, branches, or locations not specified in such declarations page.

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1.5.0 Termination Upon Breach

        Any breach or non-performance of this Agreement by Purchaser shall for all purposes be deemed a material breach of this Agreement and the License shall immediately cease and terminate upon notice of such breach or non-performance given by Roster to Purchaser.

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1.6.0 Limited Warranty

                    Roster warrants that the printed materials reflecting the Licensed Technology will be free from defects in materials and workmanship during the term of the License.

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1.7.0 Disclaimer of Warranties

                    ROSTER Neither represents or warrants that use of this manual or the Licensed Technology will avoid or minimize Employment Practices Liability or other LEGAL claims against Purchaser.  To the maximum extent permitted by law, Roster disclaimS all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.  Purchaser is responsible for its own risk management and the implementation of the Licensed Technology.  The modification of the Employer/Employee Policy and Procedures Handbook developed by ROSTER should be done or reviewed and approved by counsel experienced in employment law.  

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1.8.0 No Liability For Incidental or Consequential Damages  

        To the maximum extent permitted by law, in no event shall Roster be liable for any incidental or consequential damages whatsoever (including without limitation, damages for business interruption, loss of business profit, loss of business opportunity, or other pecuniary loss) arising out of the use or inability to use the Licensed Technology, even if Roster has been advised of the possibility of such damages.  If so provided by applicable state law, the above limitation may not be applicable to each Purchaser.

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1.9.0 Miscellaneous Provisions

        This Agreement and its interpretation, construction and enforcement shall be governed by the laws of the State of Indiana.  This Agreement contains the entire understanding and agreement between Roster and Purchaser and cannot be changed or waived except in a writing signed by both parties.

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