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Pega Predictive Diagnostic Cloud Terms of Use

By accessing or using Pega Predictive Diagnostic Cloud (“PDC”), you acknowledge that (1) you have the authority to agree to these Terms of Use on behalf of your company (“Company”). If you do not understand these Terms of Use or do not have the authority to agree to these Terms of Use on behalf of Company, do not access, use, or create an account for PDC; and (2) Company has a current license to Pegasystems’ products and/or to Pegasystems’ cloud service. By clicking “Accept” below, you acknowledge that Company has read, understands, and agrees to these Terms of Use.

Pegasystems retains all right, title and interest to PDC, the reports generated using such PDC and any derivatives, modifications and enhancements, including all intellectual property rights. No rights are granted to Company other than as expressly set forth in these Terms of Use.

Company’s license to use PDC may be terminated by either party upon ninety (90) days advance written notice or upon the termination or expiration of Company’s current applicable licenses to Pegasystems software or cloud products. Upon termination, all use of PDC will immediately cease.

During Company’s use of PDC, Company will (i) be responsible for maintaining the confidentiality of its PDC passwords and user accounts; (ii) use commercially reasonable efforts to prevent unauthorized access to or use of PDC, and notify Pegasystems promptly of any such unauthorized access or use; (iii) use PDC only in accordance with its documentation and applicable laws and government regulations; (iv) not sell, resell, rent, outsource, timeshare or otherwise lease or provide access to PDC to any third party; and (v) except as to Business Contact Information (see below), not introduce any sensitive, confidential or proprietary information, such as any personally identifiable information, into PDC.

Company acknowledges that its access to and use of the PDC may be suspended without notice on account of any unanticipated or unscheduled downtime for any reason, including as a result of power outages, system failures or other interruptions outside of Pegasystems’ reasonable control, or due to a scheduled service suspension. Pegasystems will have no liability for any damage, liability, or other losses that Company may incur as a result of any suspension of access to PDC pursuant to the preceding section.

PDC AND ALL CONTENT AVAILABLE THROUGH THE PDC IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR COMPANY’S USE. PDC IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITLY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

PEGASYSTEMS IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY COMPANY OR ANY THIRD PARTY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO, USE OF, OR INABILITY TO USE PDC.

Company agrees to defend, indemnify and hold us and our suppliers, affiliates, subsidiaries, third party service providers, and our respective employees, contractors, agents and directors harmless from any and all liability, claims, and expenses (including reasonable attorneys’ fees) that arise out of or are related to Company’s violation of these Terms of Use or use of PDC.

Each party agrees that the other party and its affiliates may store, access and otherwise process its business contact information (i.e. the names, titles and roles, business phone and facsimile numbers, business office and email addresses) of its employees and contractors anywhere they do business for purposes of our business relationship (the “Business Contact Information”) as it relates to these Terms of Use and the delivery and/or receipt and use of PDC. Each party may also share such Business Contact Information with contractors, business partners, assignees and others acting on such party’s behalf, but only for use with respect to PDC and these Terms of Use. Please see www.pega.com/privacy for more information.

Confidential Information” means all non-public information provided by or on behalf of a party to the other party related to the disclosing party’s business, products, documentation and proposals. Each party agrees that any Confidential Information it receives from the other is the exclusive proprietary property of the disclosing party and may include trade secrets and other highly confidential information. Each party agrees to receive and hold any Confidential Information in confidence and agrees: (i) to protect the Confidential Information against unauthorized use, publication or disclosure; (ii) not to use any Confidential Information except as specifically authorized by the party that has disclosed the Confidential Information; (iii) not to use any Confidential Information to unfairly compete; (iv) to restrict access to Confidential Information to those of its officers, directors and employees who have a need to know, have been advised of the confidential nature of the Confidential Information, and who are under obligations of confidentiality; and (v) to follow the other party’s reasonable on-site security procedures. The above confidentiality provisions will not apply to Confidential Information that: (i) is in the public domain at the time of its disclosure; (ii) is disclosed with the prior written consent of the disclosing party; (iii) becomes known to the receiving party from a source other than the disclosing party, provided such source is legally entitled to have and disclose the information; or (iv) is disclosed by a court or regulatory authority or because of laws, rules or regulations.

Company agrees that Pegasystems may update these Terms of Use from time to time and, if so, Company will need to agree to the updated Terms of Use in order to continue using PDC.

These Terms of Use shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its conflicts of laws principles.

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