Pega Marketplace Terms of Use

​These Pega Marketplace Terms of Use are applicable to your access to and use of the Pega Marketplace, located at https://community.pega.com/marketplace, operated by Pegasystems Inc. (“Pegasystems,” “our,” “us,” or “we”) that links to and incorporates these Pega Marketplace Terms of Use and constitute a legal agreement between you and Pegasystems.  These Pega Marketplace Terms of Use are incorporated into and made a part of the Pegasystems’ Terms of Use for Online Services, located at https://www.pega.com/terms.  In the event of any conflict with Pegasystems’ Terms of Use of Online Services, these Pega Marketplace Terms of Use shall control.  By accessing or using the Pega Marketplace, you acknowledge that you understand and agree to be bound by these Pega Marketplace Terms of Use and to comply with all applicable laws and regulations when using the Pega Marketplace.  If you do not understand or agree to be bound by these Pega Marketplace Terms of Use, and the Pegasystems’ Terms of Use for Online Services, do not access, use, or create an Account for any of the Pega Marketplace.

Application Downloads

The Pega Marketplace makes available for download standalone programs built using the Pega Platform and other components (each, an “Application”) that are sourced from independent third-party developers or providers (“Providers”).  Use of the Applications may be governed by the terms of the Provider’s end user license agreement or other agreement applicable to each Application.  Each Provider is solely responsible for its Application(s), including, without limitation, for (i) any and all content, services or subscriptions provided through or in connection with the Application, (ii) the development, installation, maintenance and support service, if applicable, and use of the Application, (iii) any and all warranties for the Application, whether express or implied by law, to the extent not effectively disclaimed in the applicable license agreement, or other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, and (iv) the investigation, defense, settlement and discharge of any liabilities or claims by you or any third party in any way related to the Application, including but not limited to, for product liability, personal injury or death, noncompliance with applicable law, rule or regulation and infringement or misappropriation of a third party’s intellectual property or other rights.

Application Uploads

If you are a Provider who wishes to upload an Application to the Pega Marketplace, you must have entered into a separate license agreement or technology partner agreement with Pegasystems.  Your rights and responsibilities for any Applications uploaded to the Pega Marketplace will be governed by the terms and conditions of such separate agreement and not by these Pega Marketplace Terms of Use.   

Disclaimer of Warranties

ALL APPLICATIONS AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THE PEGA MARKETPLACE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE.  ALL APPLICATIONS AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THE PEGA MARKETPLACE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  PEGASYSTEMS DOES NOT WARRANT THAT THE APPLICATIONS AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THE PEGA MARKETPLACE ARE ACCURATE, CURRENT, COMPLETE, OR ERROR-FREE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT APPLICATIONS AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THE PEGA MARKETPLACE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY REPORTED PROBLEMS MAY BE RESOLVED WITH THE USE OF ANY INFORMATION THAT PEGASYSTEMS PROVIDES THROUGH THE PEGA MARKETPLACE.  YOUR USE OF THE PEGA MARKETPLACE, INCLUDING APPLICATIONS AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THE PEGA MARKETPLACE, IS AT YOUR SOLE RISK.  BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL PEGASYSTEMS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO, USE OF, OR INABILITY TO USE THE APPLICATIONS AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THE PEGA MARKETPLACE.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to defend, indemnify, and hold us, our suppliers, affiliates, subsidiaries, joint ventures, third-party service providers, and our respective employees, contractors, agents, officers, and directors harmless from any and all liability, claims, and expenses (including reasonable attorneys' fees) that arise out of or are related to your violation of these Pega Marketplace Terms of Use, your submission of any Applications or Content, or your use of the Pega Marketplace, including the accuracy or completeness of any products, programs, and services received by you, or your violation of any rights of a third party.

ENTIRE AGREEMENT

These Pega Marketplace Terms of Use, and the Pegasystems’ Terms of Use for Online Services, constitute the entire agreement between you and us with respect to the subject matter contained herein and supersede all previous agreements, statements and understandings from or between you and us regarding the subject matter contained herein. 

Revision Date: July 30, 2019

 

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